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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."
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.
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
"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