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Nintendo's Shift: Overprotection and Litigation Impact Reputation

Nintendo has always been regarded as the underdog, in a lot of respects, when compared to its competitors. Sure, many franchises make hundreds of millions, if not billions of dollars, thanks to Nintendo’s successful integration into the mobile market, in addition to many of its IPs being significant draws. However, its consoles have always been weaker, focused on first-party, family-friendly exclusives, and put an emphasis on fun. That’s not to say Sony and Xbox didn’t, but their proverbial butting of heads during the console wars left a bitter taste where Nintendo always felt sweet.

However, that has changed over the past few years, as several of Nintendo’s controversial decisions have warped it into an almost unrecognizable entity. Of course, a handful of its decisions have been for the better, but, for the most part, Nintendo has changed so fundamentally that it no longer resembles the developer we all grew up with. That may be a problem, not just for future generations, but also for developers, too, as Nintendo’s recent actions have proven it has all but dropped the family-friendly stance it once had.

Nintendo Has Become Too Protective

It Is Patenting Every Mechanic

Drayton talks to a disgruntled Kieran in Pokemon Scarlet Violet Indigo Disk.
Drayton talks to a disgruntled Kieran in Pokemon Scarlet Violet Indigo Disk.

Nintendo has always been a little over-protective of its IP, ideas, and general game design. However, especially recently, Nintendo has ramped up its attempts at dominating within the markets it is heavily established in, trying to get basic mechanics patented, suing companies for breach of IP, and issuing its worst DMCA takedown of fan games, of all things. Nintendo has grown more and more isolated as a result, pushing other creatives away through its heavy use of patents and alienating a large group of its fanbase that want to celebrate its IP through fan projects.

This isolation can also be seen in its lack of appearances at games conferences like E3 – before it ended a few years ago – Summer Games Fest, and Gamescom. Of course, its extremely successful Nintendo Directs have proven to be a more efficient and cost-effective way of advertising its upcoming projects, as well as earning money through third-party developers utilizing them as a promotional tool. However, coupled with its general approach to its fanbase and other developers through litigation, it makes Nintendo feel like it has lost touch with the rest of the industry.

Nintendo doesn’t need to attend these events or even support its fans’ many projects to remain popular. After all, neither Sony nor Xbox does either a great deal. However, Nintendo has a habit of being far more aggressive in its litigation and its approach to any breach of its IP. It is more publicly known for its takedowns of fan projects and even other developers. That is what is ultimately hurting Nintendo’s PR and ultimately proves it has changed significantly as a developer, at least from a public relations standpoint.

Litigation Is Hurting Nintendo’s Reputation

It Has Gotten A Lot Of Bad PR As A Result

Palworld boss character from new faction in Sakurajima DLC.
Palworld boss character from new faction in Sakurajima DLC.

Nintendo’s litigious tendencies came under scrutiny at the start of its lawsuit against Palworld’s developer, Pocketpair. While it had, as aforementioned, been a part of many lawsuits prior to Palworld’s existence, it was the reasoning behind the lawsuit that had fans questioning whether Nintendo was right to have begun the legal process in the first place. It is undeniable that Palworld is heavily inspired by Pokémon, from its gameplay mechanics to its creature designs, yet the same could be said of any other creature-collecting game.

Of course, the lawsuit was specifically targeted towards Palworld’s alleged breach of a patented mechanic, something that Nintendo has consistently pushed throughout proceedings. That may have reassured many who feared Nintendo would begin suing any game even vaguely inspired by Pokémon. However, that has all changed with a new and potentially dangerous Nintendo patent. It patents the mechanic of summoning a “sub character” and then either issuing it instructions in battle or having it fight automatically by your side, much like how it works in Palworld, Elden Ring, and many other games.

That patent could open up the floodgates for Nintendo to begin suing any number of inspired projects or even just games that use this basic feature. While a long time ago many may have given Nintendo slack and assumed it would never use it against other developers, its recent track record seems to indicate otherwise. It is just another step in Nintendo’s push for greater dominance within the industry, and a reason why it no longer resembles the company it once was. This is exacerbated by the fact that it also feels significantly less creative than it has been previously.

Nintendo Isn’t As Creative As It Once Was

Its Hardware Is Growing Stale

Nintendo Switch 2 being loaded into a dock with the home screen visible as it's being placed inside the dock by a person's hand.
Nintendo Switch 2 being loaded into a dock with the home screen visible as it’s being placed inside the dock by a person’s hand.

Nintendo’s trademark creativity is still evident in its video games. The likes of Donkey Kong Bananza, and even, to a lesser extent, Mario Kart World, prove that it still has what it takes to make games with that magic Nintendo touch. However, when it comes to its hardware, the Switch 2 feels a long way off the likes of the Nintendo Wii, which revolutionized, for a time, the industry with its motion controls, or the N64 that brought 3D visuals into the mainstream.

The Switch 2 remains a drab, yet significant, upgrade from its predecessor, valuing raw processing power over ingenuity. Of course, we saw that with the Wii U, but it at least added the gamepad component, which later inspired the Nintendo Switch. The Switch 2’s lack of creativity somewhat makes it feel as if, at least on the hardware front, Nintendo has lost a bit of its magic. It is a shame, especially as there were plenty of features that fans were demanding, like customizable home screens, that would have felt like fun improvements Nintendo simply ignored.

It is still hard to justify the Nintendo Switch 2, and, outside a few lacklustre Directs, Nintendo has done little to assuage that fear. Most original Switch games run better on the Switch 2, but haven’t received the dedicated upgrades to make them worthwhile. This means that if you primarily enjoy playing third-party games, you’re better off buying the often cheaper PS5 or Xbox Series X. The Switch 2 also has barely any first-party games, giving hardcore fans little reason to pay $449 to buy the new console.

The optimist in me feels as if that means it remains a blank canvas on which Nintendo can unleash its hopefully pent-up creativity. I also hope that Nintendo has no intention of utilizing its new, bizarrely uncontested patent to take down the competition through endless lawsuits. What I really hope is that Nintendo can start to feel like the magical, family-friendly developer it once was, not necessarily in terms of its games, but when it comes to the public’s perception of it.

Nintendo Poster

Date Founded

September 23, 1889

CEO

Satoru Iwata

Subsidiaries

Nintendo EPD, Nintendo SPD, Nintendo EAD

Consoles

Nintendo DS, Nintendo 3DS, Nintendo Wii, Nintendo Switch, Nintendo GameCube, Nintendo 64, Super Nintendo Entertainment System, Nintendo Entertainment System, Nintendo Wii U, Nintendo Game Boy, Nintendo Game Boy Color, Nintendo Game Boy Advance, Nintendo Switch Lite

Services

Nintendo Switch Online


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