this post was submitted on 26 Sep 2024
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That... actually explains the logic of this lawsuit for me. I still disagree and think they're overly litigious fucks, but I think I might understand a less malicious argument for it. If someone mods a see 'n say to have a different audio track and slaps some new stickers on it, that's still a see 'n say, right? The mechanism is fundamental to the product - a see n say is the spinning wheel -> random noise and Pokemon is video game where you throw balls at wild not-animals to catch them and use them to battle people. There's a difference between a toy that's heavily inspired by another one and being an edgy five year old with a firearm sticker pack who gives them to the cows and chickens and sheep.
I really have more of a games as art philosophy though, and I'll just point to the works of Andy Warhol and Marcel Duchamp to make my argument here, my edible just kicked in.
Oh they're absolutely litigious fucks, don't get me wrong.
Games can definitely be art. They can be a lot of things, which is great. I agree with you.