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100% in support of this, particularly if we can take a more militant crackdown approach in enforcing it. Imagine the kinds of stuff we'd see if people were forced to innovate past genre baselines?
The only worry I'd see is it leading to an eventual disintegration of genre into meaningless descriptors as time goes on and people become better at arguing their differences. "No, this isn't a metroidvania. What you're talking about is a location-focused-battle-based-metroidvania, my game is a time-sensitive-conversation-driven-metroidvania. Totally different."
Brb... Have to go design a time sensitive conversation driven metroidvania...
A militant enforcement of patents like the government does will guaranteed result in a billion meaningless genres and patent trolling and all the terrible things that enforcement of intellectual property rights entails.
I much prefer the idea of market evaluation, the point of this "genre patent" metaphor is basically that innovative-creators shouldn't discard their work as just "experimentation" and leave it to be exploited by incremental-creators. That there is a market for that experimentation to profit but it's not at the consumer level, instead the creator level.
I also have relative confidence that a creator market will separate what's a real genre-engine/components from what's 1 function tacked-on to someone elses work and that they will deride those tailcoat exploiters who would try to undercut a real innovator... mainly because it's a smaller, more personal, more informed market than general consumers.