This post is a reaction to the Supper Mario Broth thread above (click through to read), specifically regarding who is allowed to use the software technique.
The Donkey Kong “2D imposters” patent referenced was granted both in the US and Japan. However, a software patent doesn’t mean someone “owns” the idea—that’s misinformation. Abstract ideas are not patentable, period. There’s even a US Supreme Court ruling about that for software. Anyone saying that Nintendo tries to monopolize generic game mechanics isn’t telling the truth.
To infringe a patent, your software must perform every single steps/elements listed in an independent claim of the patent or a chain of dependent claims. For instance, this DK patent contains 4 independent claims and 18 dependent claims. The independent claims are long and specific, and the dependent claims put on even more limitations. It isn’t that easy to infringe unless one deliberately copies but forgets to “change it up a bit”.
[Originally posted on 2026-05-24 Pacific Time]
