When it comes to copyright suits or conflicts that never should have existed, one of the most common misunderstandings that births them is not understanding the idea/expression dichotomy in copyright law. Even to most laypeople, once you explain it, it’s quite simple. You can copyright a specific expression of something, such as literature, recorded music, etc., but you cannot copyright a general idea. So, while Superman may be subject to copyright protections as a character and in depictions of that character, you cannot copyright a superhero that flies, wears a cape, shoots beams from his eyes, and has super strength. For evidence of that, see: Homelander from The Boys.
But while Homelander is a good case study in the protections offered by the idea/expression dichotomy, a more perfect one might be the recently released PC game Palworld, which has often been described as “Pokémon, but with guns.” This thing is a megahit already, hitting Early Access mid-January and also already hitting 1 million concurrent players. And if you’re wondering just how “Pokémon, but with guns” this game is, well…
The art styles are similar, it’s essentially a monster-collecting game involving battles, etc. and so on. You get it. And this has led to a whole lot of speculation out there that all of this somehow constitutes copyright infringement, or plagiarism, on the part of publisher PocketPair. There is likewise speculation that it’s only a matter of time before Nintendo, Game Freak, or The Pokémon Co. sues the hell out of PocketPair over all of this.
And that may still happen — the Pokemon company says it’s investigating Palworld. All of those companies have shown themselves to be voracious IP enforcers, after all. But the fact is that there is nothing in this game that is a direct copy of any expression owned by any of those entities. To that end, when asked about any concerns over lawsuits, PocketPair is taking a very confident posture.
On the other hand, we had a chance to talk to PocketPair’s CEO Takuro Mizobe before Palworld’s release, and addressing this topic, Mizobe mentioned that Palworld has cleared legal reviews, and that there has been no action taken against it by other companies. Mizobe shared PocketPair’s stance on the issue, stating, “We make our games very seriously, and we have absolutely no intention of infringing upon the intellectual property of other companies.”
Mizobe has also commented that, in his personal opinion, Palworld is not at all that similar to Pokémon, even citing other IPs that Palworld more closely resembles. (Related article) He encouraged users to see past the rumors and give Palworld a chance.
And he’s right. The game mechanics themselves go far beyond anything Pokémon has on offer. And while we can certainly say that even some of the Pals themselves look as though they were inspired by some well-known Pokémon, there are more than enough differences in sum-total to make any claim that this is some kind of direct ripoff simply untrue. Some of the ideas are very, very similar. The expression, however, is different.
In addition to the legal review that Mizobe mentioned, it’s not like the game as a concept has been kept a secret, either.
Though it released just a few days ago, Palworld’s concept and content has been open to the public for quite a while, and were even presented at the Tokyo Game Show in both 2022 and 2023. Many users are of the opinion that, if there were basis for plagiarism-related legal action, the relevant parties would have already acted by now.
I would normally agree, but in this case, well, it’s Pokémon and Nintendo, so who knows. Maybe legal action is coming, maybe not. If it does come, however, it should fail. And fail miserably. All because of the idea/expression dichotomy.
It’s quite fortunate that Palworld has sold millions of copies quickly, because that means they should have the funds to withstand a legal onslaught from Nintendo. In justice it’s not often if you are right, but if you are rich.
Apple is making major changes to the App Store and other core parts of iOS in Europe in response to new European Union laws. Beginning in March, Apple will allow users within the EU to download apps and make purchases from outside of its App Store. The company is already testing many of these changes in its iOS 17.4 beta, which is available now to developers.
Apple has long resisted many of these changes, arguing that it would leave users susceptible to scams, malware and other privacy and security issues. But under the EU’s Digital Markets Act, which goes into effect March 7, major tech companies like Apple are required to make significant changes to their businesses.
[…]
The most significant changes will be for developers, who will be able to take payments and distribute apps from outside of the App Store for the first time. Under the new rules, Apple will still enforce a review process for apps that don’t come through its store. Called “Notarization,” the review will use automation and human reviewers and will be “focused on platform integrity and protecting users” from things like malware. But the company notes it has “less ability to address other risks — including apps that contain scams, fraud, and abuse, or that expose users to illicit, objectionable, or harmful content.”
Apple is also changing its often-criticized commission structure so that developers will pay 17 percent on subscriptions and in-app purchases with the fee reducing to 10 percent for “most developers” after the first year.
At the same time, Apple is tacking on a new 3 percent “payment processing” fee for transactions that go through its store. And a new “core technology fee” will charge a flat €0.50 fee for all app downloads, regardless of whether they come from the App Store or a third-party website, after the first 1 million installations.
[…]
pple will offer new APIs that will allow app makers to access the iPhone’s NFC chip for wireless payments, enabling tap-to-pay transactions that don’t rely on Apple Pay.
It’s also making a tweak to its Safari web browser so that iOS users in Europe will be immediately prompted about whether they want to change their default browser the first time they launch the app after the iOS 17.4 update. Additionally, browser developer will be able to use an engine besides Apple’s own WebKit, which could lead to browsers like Chrome and Firefox releasing new versions using their own technology for rendering sites.
So… I wonder how many apps will easily find their way through the “Notarization” process? And how do they justify charging for downloads from stores they do not own? It can not possibly be in the spirit of the EU laws to allow this.
Astronomers have discovered stars that appear to be blowing out plumes of smoke. The “old smokers”, as they have been nicknamed, challenge our ideas of what happens at the end of giant stars’ lives.
Generally, when red giant stars grow old, they begin to pulsate. They become brighter, dimmer, brighter again and so on, while simultaneously throwing off their outer layers. These pulsating stars are called Mira variables, and it is thought that the pulses are caused by waves of plasma travelling within the stars that help them shed material into space.
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When Philip Lucas at the University of Hertfordshire in the UK and his colleagues peered towards the centre of our galaxy using the Visible and Infrared Survey Telescope for Astronomy in Chile, they saw many Mira variables – but they also spotted something else. “These old red giants not doing any pulsating – they’rejust sitting there as normal and then suddenly dimming for six months to several years,” says Lucas. “This is almost completely unheard of.”
Further observations revealed that the stars seem to be emitting huge plumes of dusty smoke that prevents their starlight reaching us. The smoke takes months to years to dissipate, offering an explanation for the prolonged dimming. This may be a new way for giant stars to end their lives, but it is unclear how or why it is happening.
The enormity of these stars gives them a powerful gravitational field that makes it difficult for them to blow any of their material away. The fact that they are not pulsating makes it even harder to explain the plumes of smoke. Lucas suggests that it may be connected to the high concentration of relatively heavy elements near the galactic centre, where most of these old smokers are located. That could make it easier for grains of dust to form and then float away as smoke. “It’s quite possible that it’s not that, but it’s the only thing that’s really weird about that region that could be connected,” he says.
The researchers are now looking for more of these strange stars – they have found about 90 so far, Lucas says. Their prevalence suggests that they could be important to the environment in the centre of the Milky Way, and maybe even more so in other galaxies with more heavy elements.
EV buyers are often motivated by a desire to save money on gas and/or drive something more environmentally friendly. But, a recent story out of Florida in The Miami Herald details how EV owners there have been blindsided by how fast they’re having to change the tires on their EVs.
The Herald spoke with the owner of a shop that specializes in EV repair who told them just how often he’s seeing owners in for tire wear and replacement.
At EV Garage Miami, a Sweetwater repair shop that services 90 percent electric vehicles, lead technician Jonathan Sanchez said tires are the most frequent thing customers come in about, no matter what model or make of EV they’re driving. Tire mileage can vary widely of course, but he frequently changes EV tires at just 8,000 to 10,000 miles — a fourth or even fifth of typical tire wear on a gas-burning car.
Neil Semel, the owner of a Mercedes EQS, told The Heraldthat if he had known how often he would be buying tires, he would’ve never bought the car. “If somebody looked at me and said, Mr. Semel, you are going to love this car but in about 7,000 miles you will have to pay 1,400 or 1,500 dollars to replace the tires, I wouldn’t have bought the car,” he said.
So why the fast wear? It’s a combination of lots of power that can be put down instantly and wild curb weights. But it also comes down to individual driving style, as Sanchez pointed out. “If you drive like grandma, the type of car shouldn’t make a difference,” Sanchez said.
What do tire companies have to say about all of this? They’re aware of the problem and are working on EV-specific solutions. Like Michelin who spoke to The Herald:
Michelin suggests getting the Primacy tire for electric vehicles, which they say offers an up to 7% increase in range. Michelin also launched “Self seal” which would self-repair punctures and cut back on some weight by not needing to keep a spare wheel in the back.
The Akira ransomware gang is claiming responsiblity for the “cybersecurity incident” at British bath bomb merchant.
Akira says it has stolen 110 GB of data from the UK-headquartered global cosmetics giant, which has more than 900 stores worldwide, allegedly including “a lot of personal documents” such as passport scans.
Passport scans are routinely collected to verify identities during the course of the hiring process, which suggests Akira’s affiliate likely had access to a system containing staff-related data.
Company documents relating to accounting, finances, tax, projects, and clients are also said to be included in the archives grabbed by the cybercriminals, who are threatening to make the data public soon. There is still no evidence to suggest customer data was exposed.
Akira’s retro-vibe website separates victims into different sections: One for companies who didn’t pay the ransom and thus had their data published, and another for those whose data is to be published on an undisclosed date.
A likely conclusion to draw, if the incident does indeed involve ransomware as the criminals claim, is that there may have been negotiations which have stalled, with Akira using the threat of data publication as a means to hurry along the talks.
The Register approached Lush for comment. Its representatives acknowledged the request but did not provide a statement in time for publication.
Lush last communicated about the situation on January 11, saying it was responding to an “incident” and working with outside forensic experts to investigate the issue – often phrasing used in a ransomware attack.
“The investigation is at an early stage but we have taken immediate steps to secure and screen all systems in order to contain the incident and limit the impact on our operations,” it said. “We take cybersecurity exceptionally seriously and have informed relevant authorities.”
The statement came a day after a post was made to the unofficial Lush Reddit community. Written by a user who seemingly had inside knowledge of the incident, the post claimed members of staff were instructed to send their laptops to head office for “cleaning” – an assertion that El Reg understands to be true.
