• Buttons@programming.dev
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    2 months ago

    Patents and video games huh? We can’t ignore what John Carmack had to say about this:

    The idea that I can be presented with a problem, set out to logically solve it with the tools at hand, and wind up with a program that could not be legally used because someone else followed the same logical steps some years ago and filed for a patent on it is horrifying.

    –John Carmack

    • Cock_Inspecting_Asexual@lemmy.world
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      2 months ago

      The idea that I can be presented with a problem, set out to logically solve it with the tools at hand, and wind up with a program that could not be legally used because someone else followed the same logical steps some years ago and filed for a patent on it is horrifying.

      Thats essentially what both an AI does and what ChatGBT does. Are you gonna defend that to?? Just dont take credit for shit someone else made, who cares if its Nintendo. I don’t want my game sprites altered and then sold as though whoever altered them made them by hand?!

      • Veneroso@lemmy.world
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        2 months ago

        My cock is not inspired after reading this bad take.

        John Carmack is human intelligence and therefore more valuable than artificially generated drivel.

        -edit- I mistook inspecting for inspiring for your name. I’m leaving it.

        • Cock_Inspecting_Asexual@lemmy.world
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          2 months ago

          I never said John is an AI. But there are steps Palworld coulda taken to avoid the inevitable. If anything its just sad they did nothing to prevent this. I can see why thousands of people like it a fuckton. But they did nothing to actually avoid this from happening.

    • Cock_Inspecting_Asexual@lemmy.world
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      2 months ago

      Dont steal my base model that I patented and made entirely by hand and then claim it as your model.

      its that simple. As barbaric as the VRCHAT community can be sometimes, I can wholeheartedly agree that it is 100% a crime to take someone else’s hard work, tweak it, and then pretend that you own it. Pay people their fucking respects/royalties or take a different approach. Toby Fox did it, Every other Pocket Monster-like Series in Japan did it, and so on. if your gonna make a product similar to another, especially fucking Nintendo with how notorious they are for copyright striking, TAKE THE STEPS AVAILABLE TO MAKE IT DIFFERENT. Don’t churn out a “Pokemon with guns” and then get shocked with your copyright stricken. Thats fucking stupid to me. And its even stupider people are shocked it’d fuckin happen.

      There’s deadass so many routes they could’ve went with, Art-styles they could’ve went with, fucking game mechanics they could’ve went with. And they chose something that 90% of people can agree “looks like Pokémon, smells like Pokémon, functions similar Pokémon”

      I mean for GOD FUCKING SAKES, At least GO WITH DIFFERENT MONSTER IDEAS. We have an ENTIRE WORLD Filled with Cryptids and mystical beasts of all kind, and Palworld STILL CHOSE TO GO for Yokai/Japanese based creatures? Get the fuck outta here with that. Homeboy coulda did American mythos and got away with that, no ones holding a patent against the design of The Flatwoods monster?? Let alone is there a “pokemon” clone of Australian Mythos, so why the fuck are we still trying to do what’s already been done to death and then getting shocked with it falls flat or is criticized.

      • Couldbealeotard@lemmy.world
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        2 months ago

        You are conflating copyright and patents. Copyright is protection for the expression of an idea, like the art design. This is a patent issue, which is a protection of how something works.

        If somehow I patent a vague mechanic like “a method of selecting weapons with the directions of an analogue stick or mouse, presented as an 8 direction on screen circle.” Then I could sue Red Dead Redemption and Batman Arkham, despite there being no copyright infringement with whatever game I made with that feature.

        • Cock_Inspecting_Asexual@lemmy.world
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          2 months ago

          Aren’t they suing because of the 3d models?? not the design of them but the fact they took Nintendo models and tweaked them???

          If im deadass wrong I will 100% shut tf up and delete my rants.

          • dual_sport_dork 🐧🗡️@lemmy.world
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            2 months ago

            Aren’t they suing because of the 3d models??

            No, they’re not. The word “patent” is used in every single article about this repeatedly. Patents are not the same as copyrights.

            A copyright protects a creative work: A work of fiction, a movie, a character.

            A patent protects the method in which the way a thing functions: A machine, a chip, an algorithm, or in Nintendo’s assertion certain vague gameplay concepts.

    • finitebanjo@lemmy.world
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      2 months ago

      More like he wouldn’t be able to sell his solution to others, but yeah I think Patents on simple processes and mechanisms are dumb, especially certain software and firmware.

      • BigPotato@lemmy.world
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        2 months ago

        Imagine if you had a hammer and decided to use it to hit a nail and then someone came along and said “I see you’re using my method to build a house! Pay up!”

        Well, you can’t patent something like that!

        Imagine you open up a game engine, any engine, and decide you need to point to an objective so you decide to use an arrow. A game company says “You’re using our method to identify objectives! Pay up!” and that one is a unique mechanic?

        How long has humanity been using arrows to point to things? How can you patent it just because it’s a digital arrow?

          • BigPotato@lemmy.world
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            2 months ago

            The ludicrousness is the point. “Capture a creature in a ball”… How close is that to Red Dead’s lasso? Could Nintendo patent capturing a creature with a rope? Does anyone hold that patent yet? No, it would be silly to try to patent something like that - yet at one point I’m certain it was someone’s “technique” while everyone else was jumping on the horses back like Breath of the Wild.

            • finitebanjo@lemmy.world
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              2 months ago
              1. This thread started with a general statement about patent laws with a glaring innacuracy that it applied to noncommercial applications and in perpetuity. That is what I argued against. I fully support PalWorld.

              2. If that were Nintendo’s justification they would lose instantly. You can patent and/or claim intellectual property for very specific named designs, but you cannot do so for vague narrative concepts. Example: PokeBalls in various colorschemes is a go, but “a ball that capture creatures” is not good enough to patent.

            • finitebanjo@lemmy.world
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              2 months ago

              No, the very premise of that user’s analogy is that he isn’t profiting from it. If somebody invented hammering nails literally this year and a company came in selling it as a product without permission, then it would be comparable. It reads as if he failed to read my comment entirely but still replied with multiple paragraphs.

              The game development analogy is better, floating arrows about characters heads was actually patented, but it was widely criticized and it expired in 2019. Plus I already took offense to simple mechanisms and especially certain software and firmware solutions.

              • TachyonTele@lemm.ee
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                2 months ago

                A patient on hitting a nail with hammer is ridiculous if it’s your framing or theirs.

                • finitebanjo@lemmy.world
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                  2 months ago

                  Countless buildings would never be built if you didnt invent hammer and nails, being paid royalties for a few years by large businesses who make use of it seems pretty fair.

          • webadict@lemmy.world
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            2 months ago

            Hey man, I’m future you. I here to give past me a warning. You keep looking like a complete fool and when you look for evidence to support your false claims, it turns out you were wrong the whole time, so you built a time machine to stop yourself. Anyway, the warning is to only use 1.11 Jiggawatts, as you miss the return time to stop yourself from looking foolish by about a day. Good luck!

  • sorrybookbroke@sh.itjust.works
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    2 months ago

    Normally I’d say fuck Nintendo but palworld obviously stole the designs and artistic direction for many of their characters.

    Most of the pals I saw at first were modified versions of an already existant pokemon with little to seperate it from fan art of that pokemon. This is particularly agregoous as they clashed against the rest of this games aesthetic. Nothing that was original fit with the design of the pokemon rip offs.

    Many other games have a pokemon esque aesthetic without direct copying. It looking similar is not my issue. My issue is that while playing I could easily name most pals to a pokemon. Seriously, look up comparisons. It’s blatant.

    They’ve moved away from thisbrecently but fuck man if it ain’t obvious. If they did the same to some small project I’d assume people would be much more up in arms, rightfully so.

    Still though, I won’t cry if Nintendo loses. I hope they pay an insane amount in lawyers fees either way and never see a dime out of the case

  • obbeel@lemmy.eco.br
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    2 months ago

    I stand by the indie studios. We have proof again and again that indies just want to reach their public.

  • Rob200@lemmy.autism.place
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    2 months ago

    You know Nintendo is just weird.

    They file a patent lawsuit against an indie game, just because someone finally got popular. But why don’t thay sue digimon or blue dragon, and while their at it, howtotrain a dragon while their at it.

    This whole thing is just weird.

    • Gormadt@lemmy.blahaj.zone
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      2 months ago

      The really odd but is being unaware of which patents they’re allegedly infringing on

      That should be part of the filing shouldn’t it?

      Also are they going to sue Square Enix for Dragon Quest Monsters while they’re at it?

    • Scrollone@feddit.it
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      2 months ago

      Well, they waited for Pocketpair to become big enough to give them money, and not too big to risk losing against them.

  • rocci@lemmy.ml
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    2 months ago

    I’ve never been interested in Palworld, and I certainly don’t intend to play it, but I’ll probably buy it today.

    Because fuck Nintendo.

  • PenisDuckCuck9001@lemmynsfw.com
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    2 months ago

    Fuck Nintendo. I think Palworld is a stupid game that I wouldn’t ever bother to play but Nintendo is pure evil and they NEED to lose. They do not deserve a monopoly on whatever type of genre that is.

  • Franklin@lemmy.world
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    2 months ago

    It’s still identifiably distinct, I really hope Nintendo lose because allowing copyright of a concecpt is dystopian especially in the context of our lengthy time frames for copyright.

    It reminds me of when Apple wanted to patent the idea of rounded corners.

    • Jo Miran@lemmy.ml
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      2 months ago

      They are being sued for patent infringement not copyright violations, which is extra weird.

    • simple@lemm.ee
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      2 months ago

      It’s not even copyright, they’re suing for using things they patented, but their patents are extremely general. I kid you not, they have a patent for MOUNTING CREATURES, something hundreds of games have done.

      Abstract: In an example of a game program, a ground boarding target object or an air boarding target objects is selected by a selection operation, and a player character is caused to board the selected boarding target object. If the player character aboard the air boarding target object moves toward the ground player character automatically changed to the state where the player character is aboard the ground boarding target object, and brought into the state where the player character can move on the ground.

      I’m no lawyer so I can’t tell you how well this would hold up in court but it’s ridiculous. See more: https://patents.justia.com/assignee/the-pokemon-company

      • troed@fedia.io
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        2 months ago

        IANAL - but I’ve worked for Big Company and have gone through the patent process a few times. A patent isn’t what’s written in the supporting text and abstract. It’s only the exact thing written out in the claims.

        First claim from the patent the abstract is from:

        1. A non-transitory computer-readable storage medium having stored therein a game program causing a computer of an information processing apparatus to provide execution comprising:

          controlling a player character in a virtual space based on a first operation input;

          in association with selecting, based on a selection operation, a boarding object that the player character can board and providing a boarding instruction, causing the player character to board the boarding object and bringing the player character into a state where the player character can move, wherein the boarding object is selected among a plurality of types of objects that the player character owns;

          in association with providing a second operation input when the player character is in the air, causing the player character to board an air boarding object and bringing the player character into a state where the player character can move in the air; and

          while the player character is aboard the air boarding object, moving the player character, aboard the air boarding object, in the air based on a third operation input.

        Exactly everything described above must be done in that exact same way for there to be an infringement.

        • TowardsTheFuture@lemmy.zip
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          2 months ago

          Which sounds like mount selection based on if onland==True: landmountlist, else: airmountlist. ??? Can you really patent “I used an if statement to change what the mount button does based on a condition”

          Boy, better fucking patent that fucking pure genius there’s no way anyone could program that without having copied us.

          Like I fucking hope I misread that.

          • troed@fedia.io
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            2 months ago

            All of the statements in the claim need to be fulfilled - so while that if looks correct it’s only a very small part of the actions described. Example:

            in association with selecting, based on a selection operation,[…], wherein the boarding object is selected among a plurality of types of objects that the player character owns;

        • Petter1@lemm.ee
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          2 months ago

          That seems a bit more easy to get around. It is still crazy to think that you have to check your whole game design against that many patents 😅

          • Dr. Moose@lemmy.world
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            2 months ago

            it’s stupid. I’m convinced that people who oversee software patents don’t even know what’s a computer.

      • dual_sport_dork 🐧🗡️@lemmy.world
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        2 months ago

        I am positive prior art could be claimed for most if not all of those. Square Enix could cry afoul of the “mounting creatures” one as well as I’m sure many, many other earlier games on a plethora of platforms.

        You could mount and ride Chocobos in Final Fantasy 2, i.e. the real “2,” the JDM only one on Famicom, which was released in 1988. The aforementioned patent was only filed on Nintendo’s part in 2024.

        They can, to use a technical legal term, get fucked.

        • Cypher@lemmy.world
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          2 months ago

          Blizzard should be paying attention to this, as it perfectly describes their flying mounts.

          I really hope Nintendo just picked a fight with Blizzard/Microsoft lol

          • A1kmm@lemmy.amxl.com
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            2 months ago

            Bullies tend to pick victims who can’t fight back too effectively, so I doubt they’d go after Microsoft.

            All the big tech companies have a bunch of vague patents than in a just world would never exist, and they seldom go after each other, because they know then they’ll be hit with a counter-suit alleging they violate multiple patents too, and in the end everyone except the lawyers will be worse off. It’s sort of like mutually assured destruction. They don’t generally preemptively invalidate each other’s patents, so if Microsoft is not a party to the suit, they’ll likely stay out of it entirely.

            However, newer and smaller companies are less likely to be able to counter-sue as effectively, so if they pose a threat of taking revenue from the big companies (e.g. by launching on competitor platforms only), they are ripe targets for patent-based harassment.

            • I Cast Fist@programming.dev
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              2 months ago

              While Microsoft is not a target right now, if that patent for ground-flying mounts is used (which I doubt it will, given it’s too recent and widely used by older games), Palworld can just point at World of Warcraft Burning Crusade as prior art and it suddenly becomes MS vs Nintendo.

      • yetAnotherUser@discuss.tchncs.de
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        2 months ago

        It’s a little more specific, I think the patent is about:

        • mounting either an air or ground mount
        • when riding the air mount, going close to the ground transforms it into the ground mount and you keep riding it

        But that’s still something multiple games have done in some way I think.

    • Telorand@reddthat.com
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      2 months ago

      It’s not a copyright suit, it’s a patent suit. So it’s indeed just like the Apple suit, though what patents were infringed upon is still unknown as of now.

  • Egg_Egg@lemm.ee
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    2 months ago

    Half of Pokémon are heavily inspired by artist’s (who are not affiliated with Nintendo) illustrations of popular Yokai (Japanese mythological creatures). The rest are simply animals with very generic additions. “It’s a cow but bipedal” “It’s a kangaroo but with horns” “It’s a pigeon but… actually yeah it’s just a pigeon. No difference.”

    How can you copyright/patent that? It’s hardly original.

    I say this as someone who grew up loving Pokémon.

    • AdmiralRob@lemmy.zip
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      2 months ago

      It’s not for copyright infringement, it’s for patent infringement. Apparently when they made Legends Arceus, Nintendo patented the idea of pointing the camera at a monster and throwing stuff at it.

      • fishbone@lemmy.dbzer0.com
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        2 months ago

        That’d be pretty funny if that was the case, because Craftopia (Pocketpair’s first game, released before Legends Arceus was announced) also did the monster collection mechanic in the exact same way as Palworld.

    • jeff 👨‍💻@programming.dev
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      2 months ago

      It’s a patent case. It has nothing to do with the creative design of the games.

      But yes. Every pokemon is copyrighted. Every pal is copyrighted. (In the US) All creative work is automatically copyrighted to the creator.

      You can’t copyright “a standing lizard with a small flame on its tail” but you can copyright Charmander. If you copy enough elements that a lay person can’t distinguish the original and the copy then it opens it up for a copyright claim.

      None of that is relevant in this case.

      A patent is to protect a specific invention from being copied. In this case, there is an innovative game mechanic that Nintendo patented has that Palworld copied. The speculation is with throwing an item that captures a character that fights other characters in a 3d space.

      The patent is dumb. Personally I don’t think it is innovative or special enough to be patented. Patenting software or game mechanic are dumb anyway.

      • phx@lemmy.ca
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        2 months ago

        And hopefully something that they’ll be able to find reams of prior art that precede the patent

        • jeff 👨‍💻@programming.dev
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          2 months ago

          Once again. Patents have nothing to do with art. And even if they had proof they worked on those mechanics before Nintendo patented them doesn’t mean they have the right to use it. Yes, it’s kinda a dumb system. But there is a lot of effort to get a patent, and once you have one you have a lot of protection because of it.

          Disregard. :) see comment below

    • Summzashi@lemmy.one
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      2 months ago

      This isn’t about copyright. Is there anybody here that has actually read the article? It’s absolutely insane how everyone just opens their mouths without understanding anything.

      • blazera@lemmy.world
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        2 months ago

        Consider it a catch all term for “copying intellectual property”. Patents, copyrights, trademarks, its different words for the same idea.

        • leopold@lemmy.kde.social
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          2 months ago

          Dunno, I think I prefer patents. Unlike copyright, patents usually last a flat twenty years. Copyright expires either after 95 years or 70 years after the death of the author, which is ludicrous. Both are constantly abused, but at least patents expire in a reasonable amount of time.

    • Ragincloo@lemmy.one
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      2 months ago

      Idk about that, maybe indefinite copyrights would be but limited term is entirely fair. Like imagine you spend 5 years and $50M to develop something (random numbers here), then the next day someone just copies it and sells it cheaper since they had no overhead in copying your product. There’s no incentive to create if all it does is put you in debt, so we do need copyrights if we want things. However Pokemon came out in 96, that’s 28 years. There’s been very little innovation in their games since. And seeing as Digimon wasn’t sued it’s not about the monsters, it’s about the balls. But those balls haven’t changed in almost three decades so I don’t think the really have a case to complain

      • blazera@lemmy.world
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        2 months ago

        The people spending 5 years to develop something arent the ones that own the rights to the end product. Like I said, copyright exists so rich people can own more. The people that own the rights to pokemon are not game developers, artists, writers, anyone that put actual work into creating the games and other media. Its people that had a lot of money, shareholders and executives. And then they receive the biggest share of the profits off others work and the feedback loop continues.

      • TheObviousSolution@lemm.ee
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        2 months ago

        The problem is that IP laws eventually are lobbied by the big copyright holders into being excessively long. How long did Steamboat Willie really have to be copyrighted for, and has their release into the public domain really affected Disney?

        Eventually after you get back the money you invested, it’s just free money, and people like free money so much they pay lawyers and lobbyists that free money so that they can keep it coming.

      • BaldManGoomba@lemmy.world
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        2 months ago

        How about no. Let people create if your only incentive is money fuck you. If someone spent $50 million to develop something the labor has been paid. You will be first to the market and you can make money if your invention isn’t that unique oh well.

        • Womble@lemmy.world
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          2 months ago

          Thats a great way to make companies spend 0 on r&d that has longterm benefits and instead focus on squeezing out every penny from current assets.

          • RubberDuck@lemmy.world
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            2 months ago

            So you tax the fuck out of them and fund invention though schools and unis. But the fact companies won’t is not a sure thing… it just means they will be more pickey.

          • interdimensionalmeme@lemmy.ml
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            2 months ago

            Want to make something, the people eho want it pay to make it happen, once it’s done and paid for, it belongs to everyone. I rather live in the star citizen dystopia than the Disney vampire dystopia.

            Making an unlimited reproducible resource artificially scarce for 160 years is really fucking evil parasiticism.

            • Womble@lemmy.world
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              2 months ago

              I dont think anyone here thinks that the ridiculous terms on current IP laws make sense (at least I havent seen anyone defending them), but there is a big difference between a short term of 5-10 years for you to get the earned benefits of an innovation you created and zero protection where a larger more well funded company can swoop in copy your invention and bury you in marketing so they get the reward.

              • interdimensionalmeme@lemmy.ml
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                2 months ago

                Intellectual property has been abused beyond recovery, we need an entirely new paradigm. Duration of right is just a tiny part of it. Any system that turns the infinite resource into an artificial scarcity is fundamentally evil.

  • Jin@lemmy.world
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    2 months ago

    Hope Nintendo lose. I don’t understand why they are always the bad guy