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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."

9 of 339 comments (clear)

  1. Ugh, I hate software patents. by brendanoconnor · · Score: 5, Insightful

    This is a perfect example of why I really hate software patents. Company X will talk about something, hype it up, not mention a bloody patent, then when someone uses it, the company waits around until the opportune moment, then BAM!!!! pulls some patent infringment BS out of their bum.

    It is not right. I understand the importance of patents outside of the software industry, I really do. I think that if someone comes up with a clever idea and makes a prototype and intends to sell said object, then they should have a grace period of how long they can be the only ones. I'm up for debate on how long this period should be, but still. In software this just does not happen. You have these companies that are entirely setup with a bunch of patents and they just sue other companies to make money. Talk about shaddy business.

    Patent a way to click a button, or how a shadow is rendered, or something just as rediculous is wrong and should not be possible. It hurts the industry more then it helps anyone. It will be aweful to see the rest of the world pass us by because we are unable to innovate because of all the legal mess we have. We have no one to blame but ourselves though.

    I hope all of this mess does not affect Doom 3 release date, and it is almost a shame ID did not stick it to Creative. It is nice to see a company care about the user for once to though.

    Brendan

  2. Prior art by Augusto · · Score: 5, Interesting

    Prior art from a talk on the technique


    Reply Quoting This MessageEdit Message SimmerD Member since: 1/5/2003
    Posted - 9/21/2003 6:50:03 PM

    Don't worry about it fellas. I described this technique publicly a few months before they filed the patent - hence Prior Art. Ironically, it was at a Creative Labs developer's forum.

    During my stencil buffer talk, I described doing shadow volumes the 'reverse' way. At the time, I didn't realize the major reason why the z fail method is better than the z pass method, although I did realize they were logically equivalent, which is why it's now known as 'Carmack's Reverse' and not 'Dietrich's Reverse'!

    --

    - sigs are for wimps.
    1. 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

  3. Re:If Carmack won't take a stand, who will? by moSSad · · Score: 5, Insightful

    id Software it's one of the latest small developers in the field. Pretty much everyone else (besides Epic maybe), is owned by the big game publishers. id is still independent. They don't have the financiar muscle of Creative. They did the only intelligent move, let Creative babble about their collaboration in a *sigh* nicely made press release. Let's try not to get the wrong picture here: id are the good guys, Creative the bad ones.

  4. Future source code release. by Dan+East · · Score: 5, Interesting

    id Software has faithfully released the full source code to each of their titles once the game is a couple generations old.

    I wonder if this will affect the release of the Doom 3 source a few years from now? Can patented code be released under the GPL?

    Dan East

    --
    Better known as 318230.
    1. 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.

  5. Will Carmack change his mind about patents? by Anita+Coney · · Score: 5, Interesting

    In "Masters of Doom" Carmack stated, either naively or bravely, that he refuses to file patents for his work as such information should not be locked away but should be free.

    Now that he's been burned, I wonder if he'll start filing them as preemptive measures. I hate software patents, but I would if I were him.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  6. 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
  7. Carmack's love for Creative goes way back... by Anonymous Coward · · Score: 5, Interesting

    This reminds me of a story that floated around Creative while I was working there ('93-'96), and it was about how this little independant game developer had approached Creative for some development support with their sound cards. This was '91-'92 time frame. Anyways, the guy called up asking for some help, and pretty much got the shaft. He wasn't a licensed developer, and didn't want to pay the huge amount Creative was asking for at the time.

    Some harsh words were exchanged, and the guy basically told Creative to go F themselves. Not long after the guy releases Doom and the rest is history.

    Creative changed their policy shortly thereafter and created a developer support department to help out the small developers. A little too late, IMO.

    But the real clincher was when Creative launched their new product at the time, the AWE32, with loadable Soundfont technology. iD was getting close to releasing Quake, and Creative really wanted to get iD to support their new technology.

    But Carmack, remember how he was so fondly treated, and basically told Creative to suck it, again, and Quake was released without AWE32 support.

    The AWE32 never really took off, and neither did their Soundfont technology.

    So I am a bit suprised that Carmack agreed to use their technology, but it does show everyone where his alliances lie. To the fan and consumer.

    Kudos to Carmack.

    Anyways, goes on to prove, that the toes you step on today, may belong to the ass you have to kiss tomorrow.

    Kind Herb

    "Whether you suffer from glaucoma, or you just rented The Matrix,
    medical marijuana can make things fabulous, medically!"

    -- Homer J. Simpson