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Creative Pressures id Software With Patents

Cryect writes "Earlier today it was announced by Creative that they would be adding in EAX 3D sound support to Doom 3, and that they had come to an 'agreement relating to Creative's patented shadowing technique [also known as Carmack's Reverse in some coding circles] and id's cutting-edge 3D graphics DOOM 3 engine.' This seemed somewhat suspicious, almost as if id was being pressured, and a quick email to John Carmack from Reverend @ Beyond3d got this reply: 'The patent situation well and truly sucks... It was tempting to take a stand and say that our products were never going to use any advanced Creative/3DLabs products because of their position on patenting gaming software algorithms, but that would only have hurt the users...' There's also some possible prior art [PPT link] to Creative Labs' patent, from a 1999 talk by Nvidia's Sim Dietrich."

14 of 339 comments (clear)

  1. Too bad... by TheHonestTruth · · Score: 4, Informative
    Too bad a couple months doesn't cut the mustard. To have truly solid prior art, it has to be over a year before the patent was filed in the U.S. Otherwise, the inventor can swear behind the disclosure, saying that they invented it before the disclosure occurred. This is not the case in the EU. There, disclosure destroys patent rights.

    -truth

    --

    I had a steady B+ in my AI class until I failed the Turing test...

  2. Re:Future source code release. by BigDumbAnimal · · Score: 5, Informative

    iD has in the past ripped out sound code that was licensed from 3rd parties. Or John has quickly put something else together that will work to replace 3rd party code.

    This was done w/ Doom.

  3. Re:Prior art by Anonymous Coward · · Score: 5, Informative

    For something other than another patent to be considered prior art, you must look at 35 USC 102(a)-
    a person shall be entitled to a patent unless -
    (a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.

    It is difficult to prove "known", however the talk could be considered a printed publication if it was readily accessable to the public. A paper which is orally presented in a forum open to all interested persons constitutes a "printed publication" if written copies are freely disseminated. Massachusetts Institute of Technology v. AB Fortia, 774 F.2d 1104, 1109. Also see MPEP 2128,2132

  4. Re:If I was Carmack.... by the_raptor · · Score: 3, Informative
    I would just put a little bit of code to detect if a Creative card was installed, and if so, maybe cap the FPS at 10 or so. And also provide a splash screen that explains in tech-jargon "Doom 3 is not optimized for Creative products. Please try a Hercules or Santa Cruz Card." That could signifigantly hurt Creative's business.
    No that would just cause owners of creative cards to get pissed of with id. Creative has a slightly higher market dominance then Doom 3 does ;)
    --

    ========
    CINC, 4th Penguin Legion
  5. Re:Not just software patents by MojoMonkey · · Score: 5, Informative

    "There is no "OpenGL" of 3D audio because Creative owns all of the patents from its acquisition of companies like Aureal and Sensaura."

    OpenAL? http://www.openal.org/

    --

    ----- "Blame the guy who doesn't speak English." -- Homer J. Simpson
  6. Re:well then... by GodsMadClown · · Score: 3, Informative

    For gaming, they're the only ones with hardware EAX processing. Other soundcards incur performance hits. For an idea of the size of this hit, take a look at page 6 of the Techreport review of the Philips' Ultimate Edge.
    http://www.techreport.com/reviews/2004q3/ph ilips-u ltimateedge/index.x?pg=6

    For consumer music and movies, CPU usage is much less of an issue. For these uses I would recommend a M-Audio Revolution. It uses the VIA EnvyHT chip and supports for 192/24 resolution throughout the signal path. The sound quality is excellent and the bass management is vastly superior to that of the Audigy 2.

    For strictly 2-channel listening, I'd recommend the Chaintech AV-710.

    Here's a review on a headphone forum.
    http://www4.head-fi.org/forums/showthread. php?t=75 454

    Here's a setup guide on that same forum.
    http://www4.head-fi.org/forums/showthread. php?t=75 655

  7. Re:Prior art by janneH · · Score: 4, Informative

    Describing it in public before the patent application date is not prior art per se. IANL, but for it to be public I am pretty sure one has to show that it was public before the date of invention - which can preceed the date of filing by many years.

  8. Re:Will Carmack change his mind about patents? by AK+Marc · · Score: 4, Informative

    Besides, if he codes a technique before someone patents it then any future patent would be invalid due to his prior art.

    If they filed for the patent within one year of the release of the technique, then they could patent it. Yes, with our system, someone can invent something, decide not to patent it in order to let others use it, someone else can see the invention, patent it, and force the original inventor to pay to use it.

  9. Re:Ugh, I hate software patents. by Bodhammer · · Score: 3, Informative
    A couple of things - use a spell checker before you send the letter...

    From the creative web page:

    Phil O'Shaughnessy

    Director of Corporate Communications

    poshaughnessy@creativelabs.com

    Lara B. Vacante

    Public Relations Manager

    Lara_Vacante@creativelabs.com

    Jennifer Ellard

    Senior Public Relations Specialist

    Jennifer_Ellard@creativelabs.com

    Katie Meyer

    Public Relations Coordinator

    Katie_Meyer@creativelabs.com

    --
    "I say we take off, nuke the site from orbit. It's the only way to be sure."
  10. Re:I why I hate, why I use Creative's cards... by delus10n0 · · Score: 4, Informative

    I deal with the same problem. I have an Audigy Deluxe, and an older driver disc (doesn't have drivers for Windows XP on it) -- if I just install the card, and go to Creative's "Auto Update", it wants to only install the bare minimum drivers. No options to install the other apps (taskbar/remote control/speaker setup/etc.) -- what the crap?

    Also, digging around the site, if you do find one of those other programs to download.. when you try to run them, they say they can't find an older version to update and force you to quit.

    As for normalization, I wouldn't leave that up to your soundcard. Use a decent audio player like FooBar2000, and set replaygain levels on your tracks. Enjoy the stability.

    Or, if you want, buy the OctiMax plugin for Winamp2/5.. it's a multiband compressor/limiter, and does a pretty good job at keeping things steady. I use it for radio broadcasts, or LAN parties.

    --
    Not All Who Wander Are Lost
  11. MP3Gain by tjwhaynes · · Score: 3, Informative
    Better link for MP3 normalisation

    Cheers,
    Toby Haynes

    --
    Anything I post is strictly my own thoughts and doesn't necessarily have anything to do with the opinions of IBM.
  12. Intel has the highest volume shipments by sydlexius · · Score: 3, Informative

    Intel has led the desktop market in shipments of graphics chipsets for over a year now.

    http://news.com.com/Intel%2C+AMD+market+shares+rem ain+stable/2100-1006_3-5205102.html

  13. Email Addresses to Voice Your Opinion by telstar · · Score: 4, Informative

    Phil O'Shaughnessy
    Director of Corporate Communications
    poshaughnessy@creativelabs.com

    Lara B. Vacante
    Public Relations Manager
    Lara_Vacante@creativelabs.com

    Jennifer Ellard
    Senior Public Relations Specialist
    Jennifer_Ellard@creativelabs.com

    Katie Meyer
    Public Relations Coordinator
    Katie_Meyer@creativelabs.com

  14. Re:John, just do it! by Deathlizard · · Score: 3, Informative

    haha, there's no other brand.

    Nvidia Soundstorm. The Audio solution that comes with the Nforce2 MCP-T. And it's a Nvidia Product, So ID Getting full support From Nvidia would be easy as Pie since both companies like each other so much.

    There's also VIA's Vinyl Audio Solution, as well as Analog Devices Soundmax.