A former legal representative for Pokémon has shed light on Nintendo’s approach to shutting down fan projects, emphasizing the reluctance to pursue legal action against fans.
In an interview with Aftermath, Don McGowan, former Chief Legal Officer and Business Affairs executive at The Pokémon Company, discussed his tenure at Bungie, Microsoft Game Studios, and the aforementioned Pokémon company. McGowan shared insights into the company’s handling of Cease & Desist letters, detailing the legal considerations involved.
“When a ‘fan’ project gains attention, it catches my eye,” McGowan explained. “But attention alone doesn’t trigger immediate action. We wait to assess if the project secures funding, such as through Kickstarter. Engaging only occurs if funding is secured, as suing fans is universally disliked.”
The Palworld launch sparked discussions due to its evident similarities to Pokémon. The Pokémon Company stated its intent to investigate and address any games infringing on its copyright. However, Nintendo’s legal intervention only occurred when Palworld introduced a Pokémon mod.
Amidst these developments, Pocketpair, the developer of Palworld, asserted its commitment to avoiding intellectual property infringement. McGowan, who departed from The Pokémon Company in 2020, shared his perspective, labeling the Pokémon-like survival game as typical “ripoff nonsense” he encountered frequently during his tenure.