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Started by Syt, July 22, 2021, 02:26:03 AM

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garbon

Quote from: The Minsky Moment on January 25, 2024, 12:32:12 PMYou can't patent or copyright a concept for a game that has companion animals that you train and fight, Pokemon style.  As long as they aren't using actual Pokemon creatures, I don't see the case here. 

Multiple game sites reach out to lawyers to get their perspectives.

The two places I saw where they said there might be a claim was:
1) It has been suggested that the proportions for many of their creatures match exactly to pokemon creatures and that it would be impossible for that to be the case unless they had directly copied the Nintendo models
2) Reputational harm to Pokemon via the gun angle making people associate that with Pokemon

Here's one link that looked at both of those.

https://www.rockpapershotgun.com/does-palworld-break-pokemons-copyright-we-asked-a-lawyer
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."

I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

garbon

What Nintendo did go after (and got modder scared) was modder who put out video saying they had created mod with Pokemon creatures replacing Palworld critters in game.
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."

I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

The Minsky Moment

Quote from: garbon on January 25, 2024, 01:01:29 PM1) It has been suggested that the proportions for many of their creatures match exactly to pokemon creatures and that it would be impossible for that to be the case unless they had directly copied the Nintendo models

Maybe . . . there was a similar case involving one of the Street Fighter games, where some of the models were copied and the developer docs referenced the SF models, and the claim still wasn't sustained.

The key concept in these cases is the idea/expression dichotomy; you can copy the idea but not a particular expression  of it.  Looking at the games as a whole from the preview images and video I've seen for palworld, the expression as a whole looks different.

I'm not sure what to make of the claim "the proportions for many of their creatures match exactly to pokemon creatures and that it would be impossible for that to be the case unless they had directly copied the Nintendo models".  Admittedly I know nothing about computer graphic design but it's hard to see why copying proportions would be that hard. And I don't think copying proportions alone would be enough in any case if the creatures have other significant difference.  You can't copyright a body proportion of a fictional animal, just the expression of the particular fictional animal as a whole.

The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

garbon

Quote from: The Minsky Moment on January 25, 2024, 01:13:14 PM
Quote from: garbon on January 25, 2024, 01:01:29 PM1) It has been suggested that the proportions for many of their creatures match exactly to pokemon creatures and that it would be impossible for that to be the case unless they had directly copied the Nintendo models

Maybe . . . there was a similar case involving one of the Street Fighter games, where some of the models were copied and the developer docs referenced the SF models, and the claim still wasn't sustained.

The key concept in these cases is the idea/expression dichotomy; you can copy the idea but not a particular expression  of it.  Looking at the games as a whole from the preview images and video I've seen for palworld, the expression as a whole looks different.

I'm not sure what to make of the claim "the proportions for many of their creatures match exactly to pokemon creatures and that it would be impossible for that to be the case unless they had directly copied the Nintendo models".  Admittedly I know nothing about computer graphic design but it's hard to see why copying proportions would be that hard. And I don't think copying proportions alone would be enough in any case if the creatures have other significant difference.  You can't copyright a body proportion of a fictional animal, just the expression of the particular fictional animal as a whole.



They cited those graphic designers in there. I guess idea is less about the proportions but that it is evidence of the idea they took pokemon models and then just distorted them...so something akin to issues right now with art and generative AI?
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."

I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

The Minsky Moment

Quote from: garbon on January 25, 2024, 01:21:05 PMThey cited those graphic designers in there.

I saw that but it was a lot of this anonymous guy commenting on what some other anonymous guy said. 

QuoteI guess idea is less about the proportions but that it is evidence of the idea they took pokemon models and then just distorted them...so something akin to issues right now with art and generative AI?

If they directly copied the models, that would create two potential issues.  On copyright, the question would be whether what they copied was protectible expression, and that would go back to idea/expression dichotomy.  If all that got copied into the game were the proportions, then we go back to the earlier analysis.  The other issue is that Pokemon's titles are licensed software and if the Palworld people did that, it would certainly be a breach of the license agreement. 
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

Syt

https://www.pcgamer.com/blizzard-survival-game-cancellation-news/

QuoteBlizzard's canceled survival game had been in development for over 6 years, was highly praised by employees
By Tyler Wilde published about 15 hours ago
"Many" of the survival game's devs have now been laid off with no shipped game for their resumes, and very little public information about the project.


Blizzard's unnamed survival game had already been in development for over four years when it was announced in early 2022. Its team doubled in size that year with plans to grow even more in 2023. Now, after over six years of total development time and positive responses to the project from current and former Blizzard employees, the game has been canceled by Microsoft and its developers are out of jobs.

"I've been let go from Blizzard, along with many many others on the Survival team," wrote Matt London, the game's former associate narrative director, on X today.

Other Blizzard survival game developers who announced their departures include senior concept artist Marby Kwong, designer Ates Bayrak, senior software engineer Renato Iwashima, gameplay programmer Michael Dale, character technical artist Matheus Lima, VFX artist Rachel Quitevis, and producer Megan Embree, who had worked at Blizzard for 13 years.

The survival game's director, Craig Amai, was also laid off, and says he's now focused on helping the rest of the former survival game team land on their feet. "If you're looking for talent, the crew coming out of the Unannounced Survival Game are abnormally high quality—I cannot recommend them enough," Amai wrote in a post on LinkedIn.

Blizzard's survival game was announced as a new world "different from any Blizzard has created." Two pieces of concept art, the only material that was ever released, showed modern-day humans in a fantasy realm with a floating castle visible through overgrown forests, as well as a hooded forest ranger who wouldn't be out of place on League of Legends' roster. The crossover of this imagery suggested a premise like The Chronicles of Narnia, where ordinary children are drafted into another world inhabited by fantasy creatures.

The game was well liked within Blizzard. When it was announced in January 2022, current and former Blizzard employees publicly praised the survival game team and project—and this was at the height of mistrust and anger over allegations of sexism at the company.

This team is nuts and nice and the project is like... UGH. SO COOL," said Blizzard artist Melissa Kelly at the time.

"All I can say is it's gonna absolutely rock," said novelist and Blizzard writer Christie Golden. "Hella beautiful too. I cannot wait!"

"This is a project that will have a big impact on the industry," said Geoffrey Virtue, executive producer of Teamfight Tactics at Riot, who had formerly co-led the survival game project at Blizzard.

Former Blizzard president Mike Ybarra, who also exited the company this week, said after the 2022 announcement that he'd "played many hours" of the game and was "incredibly excited about the team's vision and the brand-new world it presents for players to immerse themselves in together."

Praise for the project on social media was so enthusiastic after the announcement that some wondered if Blizzard had encouraged its employees to talk it up online. We asked, and Blizzard told us that it had not: "We have a talented team creating this game, and we're happy to see their genuine enthusiasm for their work, and others' excitement to share it," a spokesperson said at the time.

The survival game's cancellation and layoffs are part of 1,900 job cuts across Activision Blizzard and other Microsoft gaming companies.

According to a report from Bloomberg, development of the survival game was slow in part because the team switched from Unreal Engine to an internal engine called Synapse.

"As difficult as making these decisions are, experimentation and risk taking are part of Blizzard's history and the creative process," Blizzard spokesperson Andrew Reynolds told the publication. "Ideas make their way into other games or in some cases become games of their own. Starting something completely new is among the hardest things to do in gaming, and we're immensely grateful to all of the talented people who supported the project."

The former Blizzard survival game developers now face an aspect of working in games that I've heard a number of developers lament before: On top of the threat of being laid off, they face the threat of being laid off before they've been able to release anything.

A requirement often found in game development job listings is some number of "shipped games," meaning games that have been released. A current Blizzard job listing for a lead gameplay engineer requires "at least one shipped title," for example. Not only do the Blizzard survival game developers who've been let go this week get no shipped game for their resumes, they can't even talk openly about what it was they were making.





https://www.cnbc.com/2024/01/26/tech-layoffs-jump-in-january-as-alphabet-meta-microsoft-reach-high.html

QuoteThe S&P 500 is trading at a record and the Nasdaq is at its highest in two years. Alphabet shares reached a new pinnacle on Thursday, as did Meta and Microsoft, which ran past $3 trillion in market cap.

Don't tell that to the bosses.

While Wall Street cheers on Silicon Valley, tech companies are downsizing at an accelerating clip. So far in January, some 23,670 workers have been laid off from 85 tech companies, according to the website Layoffs.fyi. That's the most since March, when almost 38,000 people in the industry were shown the exits.

Activity picked up this week with SAP announcing job changes or layoffs for 8,000 employees and Microsoft cutting 1,900 positions in its gaming division. Additionally, high-valued fintech startup Brex laid off 20% of its staff and eBay slashed 1,000 jobs, or 9% of its full-time workforce. Jamie Iannone, eBay's CEO, told employees in a memo that, "We need to better organize our teams for speed — allowing us to be more nimble, bring like-work together, and help us make decisions more quickly."

Earlier in the month, Google confirmed that it cut several hundred jobs across the company, and Amazon has eliminated hundreds of positions spanning its Prime Video, MGM Studios, Twitch and Audible divisions. Unity said it's cutting about 25% of its staff, and Discord, which offers a popular messaging service used by gamers, is shedding 17% of its workforce.

The swarm of activity comes ahead of a barrage of tech earnings next week, when Alphabet, Amazon, Apple, Meta and Microsoft are all scheduled to report quarterly results. Investors lauded the cost-cutting measures that companies put in place last year in response to rising inflation, interest rates hikes, recession concerns and a brutal market downturn in 2022. Even with an improving economic outlook, the thriftiness continues.

Layoffs peaked in January of last year, when 277 technology companies cut almost 90,000 jobs, as the tech industry was forced to reckon with the end of a more than decade-long bull market. Most of the rightsizing efforts took place in the first quarter of 2023, and the number of cuts proceeded to decline each month through September, before ticking up toward the end of the year.

One explanation for the January surge as companies budget for the year ahead: They've learned they can do more with less.

At Meta, in CEO Mark Zuckerberg's words, 2023 was the "year of efficiency," and the stock jumped almost 200% alongside 20,000 job cuts. Across the industry, artificial intelligence was the rallying cry as new generative AI technologies showed what was possible in automating customer service, booking travel and creating marketing campaigns.

[...]


I am, somehow, less interested in the weight and convolutions of Einstein's brain than in the near certainty that people of equal talent have lived and died in cotton fields and sweatshops.
—Stephen Jay Gould

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