Nintendo’s Villain Era: Lessons in What Not to Do
Nintendo is a brand so many of us grew up with, and I dare say it’s the brand that took quite a few firsts as well. First console. First game. At least in my case. From Mario to Pokémon they’re known around the globe for their intellectual property, but I don’t need to sing their praises. That’s not what we’re here for. No, despite being a wealthy juggernaut, Nintendo has decided to – and this seems to be increasing year over year – play the villain rather than the hero. So, let’s take a brief dive into Nintendo and review what exactly they’re doing to turn themselves into the bad guys.
Game Patents and Lawsuits
Palworld is a game that features catchable creatures who can do all sorts of things from farming, to being mounts, to gunning folks down. Pokémon, it is not. That said, we’d all be lying if we didn’t acknowledge that they at least took some inspiration from Pokémon. Surely they did, but I say that imitation is the highest form of praise. Nintendo clearly disagrees, and they’ve decided to say as much in court.
On September 18, 2024, Nintendo and The Pokémon Company issued a lawsuit against Palworld’s developing studio, Pocketpair, for patent infringement.
Patent infringement; a term that should have all gamers shaking their fists in anger, specifically when it comes to game mechanics. It’s a notion in video games that stymies competition, and I for one think it has too much power. To share an opinion, I wouldn’t be angry if game mechanic patents were only valid for five years to protect a game at its peak and nothing more. From loading screen mini games, to in depth combat systems, to character’s catching a creature by throwing an item at it, these are all game mechanic patents that have harmed the industry at large, and Nintendo is throwing their weight behind it to bully this smaller studio. Not exactly hero behavior.
Prices
I would be remiss if I didn’t mention the new prices as an unpleasant reminder of which companies shape the industry. In a landscape that’s already creeping towards the more expensive side, Nintendo is helping to lead the charge with a $450 console and games sitting in the range of $70-$90. While I expect some price increases to follow inflation, this sudden jump of twenty to forty bucks more will hurt gamer’s wallets across the board. Was a $5 increase too much to ask for? Apparently. And worse still, the company is willing to go higher as the Nintendo President himself says that “if the assumptions on tariffs change, we will consider what kind of price adjustments would be appropriate,” indicating that a further rise on prices could be seen.
Subscriptions
Then there’s the Nintendo subscriptions that can run a family up to $80 a year. Not a bad price one might think at first glance, but that’s $80 going to games you don’t own. Even at the lowest price of $3.99 a month, that’s money going to a library that could be pulled at a moment’s notice. While Nintendo could release legacy games, either individually or in bundles, they’ve instead opted to hide them behind paywalls and keep them from consumer ownership.
Takedowns
Who can forget how vigorous Nintendo is with their various takedowns. They DMCA everything from sheet music to YouTube channels who host old soundtracks (and don’t even profit from doing so). They refuse to sell their old games to the masses but attack anything that even smells like emulation. While these things never quite reached court, they still leave companies and individuals in a murky place. Artists can’t upload their own renditions of a Nintendo song without fear of a takedown, and developers are walking a thin line between what’s allowed and what isn’t, ever nervous that Nintendo’s great eye might land on them someday.
Final Thoughts
Hell – I didn’t even mention the bad switch ports that affect games like Arc, Payday 2 and Super Mario 3D All-Stars, or the Joy-Con issues, or the Switch Wi-Fi problems, or the game key cards, or the fact that they will brick your console should they feel it justified. And I’ll just wager a guess to say that a lot of those decisions will be made by machines and automation, not by a human, but we’ll see.
While I could go on, I think my point has been made. Nintendo is going out of their way to be the bad guy, it feels like, and so I wouldn’t be surprised to see more of this behavior in the future. But, what can developers, specifically indie developers, take away from all of this?
I’d say that Nintendo, and other large studios, paint a good picture of what not to do: Don’t keep your IP locked behind a gate for all eternity; don’t go after other studios who take inspiration from you; don’t price your games out of reach.
But those are just my thoughts and opinions. At the end of the day, gamers will decide who wins by supporting studios with their wallets, and right now Nintendo still has a lot of support. Will that change in the future? Who can say. For now at least though, it would be wise to keep an eye on this company and maybe consider how much supporting them helps or harms the gaming industry as a whole.
Sources
- https://www.dexerto.com/palworld/full-palworld-lawsuit-timeline-nintendo-pokemons-beef-with-indie-hit-explained-2905353
- https://boundingintocomics.com/video-games/nintendo-confirms-switch-2-pricing-not-effected-by-trumps-tariffs-but-warns-future-policy-changes-could-increase-costs/
- https://www.cbr.com/worst-nintendo-switch-ports-ranked
- https://www.nintendolife.com/news/2024/06/random-welp-now-nintendos-going-after-sheet-music
- https://www.androidauthority.com/nintendo-emulators-legal-3517187
- https://arstechnica.com/gaming/2025/05/nintendo-threatens-to-brick-switch-consoles-for-hacking-piracy
- https://www.videogameschronicle.com/news/nintendo-is-going-to-get-away-with-game-key-cards-due-to-nostalgia-says-developer/
