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Nintendo Patents Online Console Gaming

MagicDude writes "Nintendo has patented key console online gaming features. Specifically, it has received patents on things such as player league tables, voice communications and online gaming host services. While the article doesn't address how Nintendo will use these patents, it makes you wonder if this is the first step for Nintendo to become a major player in the online gaming market."

395 comments

  1. Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 0, Insightful

    it makes you wonder if this is the first step for Nintendo to become a major player in the online gaming market

    No. It makes me wonder if this is a last gasp from a shrinking company. It congers up images of SCO and the likes - a company embracing thin patents to one day use as litigation cases against it rivals that are beating the snot out of them. All of these patents are prior art.

    1. Re:Homer, hmmmm patents. Yum by zerosleep · · Score: 0, Redundant

      You said it.

    2. Re:Homer, hmmmm patents. Yum by FLAGGR · · Score: 5, Informative

      It was filed in 1998 for the 64DD. If they had filed for it in 2004 then I would agree with you.

    3. Re:Homer, hmmmm patents. Yum by Grey+Ninja · · Score: 5, Insightful

      The difference here is that SCO did not invent Linux. Every single one of Nintendo's consoles (even the Famicom) has been online in some form or another.

    4. Re:Homer, hmmmm patents. Yum by cafard · · Score: 5, Insightful

      Is Nintendo really threatened on the market? I thought they still had most of the kid gaming market
      due to their popular franchises around the Mario character, and so far, i didn't see any development by Sony or Microsoft to really threaten this dominance.

      Anyway, i can understand why they file such patents. If they don't, they get exposed to another company filing them later. Though they suck, the IP laws exist, and a business has no other choice than to play according to those rules...

      --
      This post is awesome.
    5. Re:Homer, hmmmm patents. Yum by funkdid · · Score: 3, Insightful
      Like Microsoft, that other company going patent crazy? Oh wait, they're not going out of business.

      Maybe these are just the product of one IP lawyer to many. Perhaps they have a staff of 30 IP lawyers and they really only need 26. 4 guys are sitting around going "We're going to be fired, we have to invent some work" but maybe they're lazy. Wallah- patent some prior art and look like the almost hero. If they pull it off they may be up for a promotion, or a free gameboy...

      --

      I boycott signatures

    6. Re:Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 2, Informative

      http://www.1up.com/do/newsStory?cId=3134053 The patent was filed for in 1998, before it was "prior art"

    7. Re:Homer, hmmmm patents. Yum by jstultz · · Score: 4, Insightful
      What I really don't understand is how the USPTO can grant additions that have already been done by someone else, simply because the original patent predated it? Sure, the original patent was in 1999, but the things that they're adding that weren't in the original patent have already been done by Microsoft.

      I understand how the law works here, I'm just really at a loss for WHY?

      Shouldn't there be or isn't there something that prevents companies from keeping hold on these patents after other companies have already used the ideas heavily without any litigation? Much like trademarks?

    8. Re:Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 0

      what about the c64 with a modem used for online gaming albet being the father of MUD style adventers but alas being online.

    9. Re:Homer, hmmmm patents. Yum by FLAGGR · · Score: 1

      what about the c64 with a modem used for online gaming albet being the father of MUD style adventers but alas being online.

      keyword: console

    10. Re:Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 0

      keyword: console

      key litigation: define console

    11. Re:Homer, hmmmm patents. Yum by feyhunde · · Score: 1
      Anyway, i can understand why they file such patents. If they don't, they get exposed to another company filing them later. Though they suck, the IP laws exist, and a business has no other choice than to play according to those rules...

      If they don't and some group of jerks tries to leverage similar patents on the online consoles, say like a future SCO, then what Big N can do is break out the patents to defend themselves. I suspect these are more of a cover-all-bases sort of thing. I doubt they will ever enforce it, or try to get Big M to pay royalties, both N and M have been sued enough to know how badly it can go. Remember Apple's look and feel lawsuit? Or MGM suing for Donkey Kong? Or the massive Anti-Trust suits that prove to increase profits from the 'harsh settlements'. These had their impacts on Nintendo and Microsoft such that they don't sue frivously.

      --
      I'd say more, but my guild is raiding.
    12. Re:Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 0

      Nitpicking and not at all related to the discussion, but...

      It's Voila, not "Wallah" (although it is pronounced "vwah-lah").

      Not intended as a troll, just something you might want to know, lest you attempt to use "Wallah" in a more formal setting.

    13. Re:Homer, hmmmm patents. Yum by FLAGGR · · Score: 2, Insightful

      key litigation: define console A computer designed with the sole intention to play video games.

    14. Re:Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 0

      Like Microsoft? Don't you mean like every other tech company. Hell Microsoft is really late to the game. Take a look at the boatload of patents that IBM or Apple has.

    15. Re:Homer, hmmmm patents. Yum by KingFatty · · Score: 1

      Mmmm... 64 double-D's...

    16. Re:Homer, hmmmm patents. Yum by BasilBrush · · Score: 2, Informative

      Quite right. The original poster doen't know what he's talking about. Sony are beating Nintendo in worldwide sales, but they are the only one. Microsoft isn't. It's pretty much neck and neck in worldwide sales figures between GC and Xbox, if there's any lead at all, it's in GCs favour.

    17. Re:Homer, hmmmm patents. Yum by Enigma_Man · · Score: 2, Funny

      What's a Wallah? Oh OOHhh, you mean "voila"... I see..

      -Jesse

      --
      Nothing says "unprofessional job" like wrinkles in your duct tape.
    18. Re:Homer, hmmmm patents. Yum by adam.skinner · · Score: 1

      That's pretty much any gamer's computer =p

    19. Re:Homer, hmmmm patents. Yum by aristotle-dude · · Score: 1

      Every computer is a console. Haven't you heard of "sitting at the computer console"?
      Look up the word console.
      http://dictionary.reference.com/search?q=console
      The c64 matches the criteria for a console (computing device interface such as a keyboard) and it played games. What did you use your c64 for mainly?

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    20. Re:Homer, hmmmm patents. Yum by FLAGGR · · Score: 1

      I didn't design my computer and whats in it, I put the video card into the AGP slot and inserted tab A into slot B. And nVidia didn't design my card JUST to play video games. And unless the gamers you are talking about have another PC to use, they aren't going to use their computer for *only* gaming :)

    21. Re:Homer, hmmmm patents. Yum by meringuoid · · Score: 2, Funny
      I saw someone upthread somewhere spell it 'viola'. I'm not sure which abuse of language is the more painful.

      The bizarre thing is that I've never, ever seen anyone mis-spell Gesundheit.

      --
      Real Daleks don't climb stairs - they level the building.
    22. Re:Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 0

      Damn right, I have prior art on all these concepts going back to 1976. How can they possibly assert patents over anything so insubstantial, this is pure FUD and BS. Somebody needs to make a clear example of companies like this and bring about a change in the broken laws that allow them to make such claims. Ultimately the only future in this course of action is the destruction of the US economy.

    23. Re:Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 0
      "Every single one of Nintendo's consoles (even the Famicom) has been online in some form or another."
      • Really? I must've missed the broadband adapter for the VirtualBoy.
    24. Re:Homer, hmmmm patents. Yum by Dragoon412 · · Score: 1

      They have? How so? I don't recall any online capabilities for the NES, SNES, or N64...

    25. Re:Homer, hmmmm patents. Yum by Zebbers · · Score: 1

      ummm...from talking to many an IP lawyer IRL....it is always the clients who persue these things. There are very few legal specialties (ambulance chasing, to one) where you need to push yourself onto people. The rest, come on their own. Companies are paranoid and greedy when it comes to IP.

    26. Re:Homer, hmmmm patents. Yum by telstar · · Score: 1

      ...it's like watching an anime episode where the Gray Ninja fights the Dragon!
      What? It's Dragoon, not Dragon?
      Nevermind...

    27. Re:Homer, hmmmm patents. Yum by KDR_11k · · Score: 1

      define console

      Can't run Linux without modification. At least that was Sony's definition when they proved to the EC that the PS2 is a computer and not a console.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    28. Re:Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 1, Funny

      Hmm, has anyone put linux on say a Xbox, PS2 or N64? Would that corupt your definition of a console since it can run VI?

    29. Re:Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 0

      It has to be said:

      Netcraft confirms that Nintendo is dying.

    30. Re:Homer, hmmmm patents. Yum by KDR_11k · · Score: 2, Insightful

      Linguistic definition != legal definition
      Also the reason why you don't get hung for software "piracy".

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    31. Re:Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 0

      if you ever wathced married with children, then there is a pretty young girl, not too bright, that couldn't speak french all too well and read the word as VIOLA and said it just like that. Her everyone staired at her for 30 seconds and went on with their buisness. A funny small moment in TV history if you didn't know where it came from....

    32. Re:Homer, hmmmm patents. Yum by rd_syringe · · Score: 2, Insightful

      Like Microsoft, that other company going patent crazy? Oh wait, they're not going out of business.

      Good point. As usual, the conclusions people draw are based entirely on the opinion they already have...

    33. Re:Homer, hmmmm patents. Yum by FLAGGR · · Score: 1

      Hmm, has anyone put linux on say a Xbox, PS2 or N64? Would that corupt your definition of a console since it can run VI? It would not corrupt my definition because it wasn't designed to. Think before you post.

    34. Re:Homer, hmmmm patents. Yum by FLAGGR · · Score: 1

      Not the kind of console the patent is refering to. Believe it or not, things can have more than one definition.

    35. Re:Homer, hmmmm patents. Yum by Grey+Ninja · · Score: 3, Informative

      I'm at work right now, and my internet access is logged, so I can't provide any links.

      The Famicom had a modem that could check stocks, and download some games I believe... it was only released in Japan though I think, and I my memory of it is sort of hazy. It did have some connectivity stuff though, take my word for that.

      The American SNES had full online play via a modem, where you could compete with other people. The Japanese Super Famicom had a system where you could download games from a central server.

      The N64 had an add-on device called the 64DD. It is for this that the patent in question is being disputed here. It had a modem built into it that could be used for online stuff. I believe that only one 64DD game actually used it though.

      GameCube has an expansion slot that can be fitted with either a broadband adaptor or 56k modem.

    36. Re:Homer, hmmmm patents. Yum by Requiem · · Score: 1

      That's "voila" - basically, it means, "see, there". "Wallah" is nothing even resembling a French word.

    37. Re:Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 0

      you must have never played qwtf, there were leagues before then (STA was one of them)

    38. Re:Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 0

      So lets go back to the C64 your waving your hands over. The C64, TRS80, ViC12 all had mdoems and I used all of them primarly for gaming; They had plugin catridges just Like the N64. The N64 has perphial attached to it for user input like it's predicessors. A game console like Xbox can recieve a cd that can run VI. I claim that using VI is fun therefore it is kindof a game for me to play with text files making faces and such. You have not defined console enough to stand up to prior art litigation. I havn't modifed the console I simply insterted a disk and it now recieve differnt kind of input. If I really really wanted to, I could burn a cartridege and get linux to work on an unmodifed N64; thus blowing up your definition of a game console and prooving prior art.

    39. Re:Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 0

      i run windows and the IDE jumper is set to cable select. my computer is so old that linux must have the IDE jumper set to primary and the cable must be on primary. Therefore, my PC cant run linux wihtout modification thus my PC is not a computer but a console. And if you want to throw in game console define game and I will show you how I play on my PC game console.

    40. Re:Homer, hmmmm patents. Yum by funkdid · · Score: 1
      I got lost once on my way to visit a friend. I was driving and driving for hours. I cam to an intersection the didn't appear on my map. I decided to make a left and viola, there I was right on Main Street in Wallah Wallah Washington only 2 blocks from my friend's house.

      How was that? Thanks to all for the English lesson. (My stretch to cover my error -see below)

      Meaning of WALLAH Pronunciation: 'wâlâ WordNet Dictionary Definition: [n] (India) usually in combination: person in charge of or employed at a particular thing; "a kitchen wallah"; "the book wallah" See Also: worker

      --

      I boycott signatures

    41. Re:Homer, hmmmm patents. Yum by Doktor+Memory · · Score: 1

      The N64 had an add-on device called the 64DD.

      For values of "had" that do not include actual consumers being able to buy the device.

      --

      News for Nerds. Stuff that Matters? Like hell.

    42. Re:Homer, hmmmm patents. Yum by iocat · · Score: 1
      Well, there's a simple way around it. Release a keyboard for the Xbox and voila, it's a computer not a console.

      Nintendo basically did this in reverse when the crux of an issue between them and Atari regarding the Tetris license was whether or not the NES was a computer or some other thing, a dedicated game playing machine. At the time Nintendo had a keyboard and disk drive planned for the NES. But that would have made it a computer, so those things didn't come out.

      Of course, the reality is that every console ever released that had a CPU was also a computer, albeit a dedicated purpose computer, like the dedicated purpose computer you might find at a hospital that runs a heart monitor machine.

      --

      Dude, I think I can see my house from here.

    43. Re:Homer, hmmmm patents. Yum by FLAGGR · · Score: 1

      The commodore 64 was not designed to be just be a game console (as the common media defines it) wether you play games on it or people happened to make games is moot. The xbox was designed to play games made by game developers, so you burning VI onto a disk and "playing" it is irrelevant, because your bypassing what it was intended for, and your not a game developer. Furthermore, you didn't make VI and the people that made VI didn't intend it to be a game. If you can get linux to run on an N64, good for you. I bet you could get a toaster to run linux, but does that mean that the toaster was designed to run linux and not burn toast?

    44. Re:Homer, hmmmm patents. Yum by Grey+Ninja · · Score: 1

      It was released in Japan. It had games for it such as Doshin the Giant and F-Zero X Expansion. However, it didn't last long, and never made it to North America. Other games planned for it included Zelda: Ocarina of Time Master Quest, and Animal Crossing. (Animal Crossing may actually have been released on 64DD... My memory is hazy. I know that it was released on N64 though)

    45. Re:Homer, hmmmm patents. Yum by Chibi+Merrow · · Score: 1

      Actually it was sold in Japan. So your statement is false unless for some reason you believe {Japanese Consumers} ==> {Consumers} is false.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    46. Re:Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 0

      So if wallah means "someone in charge of something," then wallah wallah must mean "middle management." I know I wouldn't want to live there.

    47. Re:Homer, hmmmm patents. Yum by StalinsNotDead · · Score: 1

      Also the reason why you don't get hung for software "piracy".

      If the companies thought they could get away with it, they would probably try. Especially the RIAA & MPAA.

      And the pirates would probably be hung outside Blockbuster or Best Buy as a lesson to others.

      --
      Thanks to the internet, we can now all die alone together! -SomeWoman
    48. Re:Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 0

      just becuse your definition can encapsulate the original intenet dosn't mean that it will stand up as in a court. I didn't intend to go above the speed limit does withstand any jury trial. You must coral the definition which ever way you want it to. As you can see here, I can manipulate the defniniton as long as I want. In a court it's the same, whoever has the most money can withstand the seige. If I had a customer that was willing to devote my entire yearly man hours to a court case than I will win 99% more trials than someone that must settle a case in a week. I can manipulate the court's definition using legal objection or whatever. No, the nintendo bunch is covering it's butt however, you'll never see a any royalties paid against such a patent.

    49. Re:Homer, hmmmm patents. Yum by FLAGGR · · Score: 1

      First, I don't know what your argueeing about now, I was originally saying that the patent was filed in 1998, and was NOT to be used as a weapon against sony and MS. Then some bright guy (I think it was you) had the idea that it was prior art because his computer had internet capabilities (or something). I never said it was going to be used in court

      As for the rest of your arguement, of course a driver will get charged with drving over the speed limit, I don't see how this ties in with your case though. I was not manipulating the definition AT ALL, and you can clearly tell what they meant by "console" by reading the actual patent. Patent's have to be clearly defined, to avoid court issues.

    50. Re:Homer, hmmmm patents. Yum by hambonewilkins · · Score: 0, Troll

      Since we're all writing in English on a mostly U.S. site, his assumption was correct. It didn't make it to these shores, thus we don't care all that much.

      --

      God Bless America. Why? Did it sneeze?
    51. Re:Homer, hmmmm patents. Yum by ebyrob · · Score: 2, Interesting

      ...because it wasn't designed to.

      Lemme get this strait. You're saying this technology is patentable because it is being applied to purposely "crippled" hardware when it has existed for years on normal hardware?

      ie: console = a computer purposely crippled into only doing *some* of the normal functions of a computer.

      So uh, the selection mask for "crippled system" is patentable? Seems pretty silly to me. Maybe Microsoft can just rename their console and call it a "GamePC" and sidestep the whole patent?

    52. Re:Homer, hmmmm patents. Yum by PedanticSpellingTrol · · Score: 1

      considering that the number refers to the chest size Underneath teh b00bx0rs, that would be pretty hideous.

    53. Re:Homer, hmmmm patents. Yum by _KiTA_ · · Score: 2, Informative

      You know, this article was "broken" to the gaming community a week ago, and we rather quickly figured out (someone called Gamespot or Nintendo and asked directly, IIRC) that it was the patent for the Nintendo 64 disk drive addon. As such, it's really old news, and proven false news at that.

      But it does make the random rantings of people about how Nintendo's panicing, how they have too many Patent lawyers, how netcraft confirms Nintendo is dying, etc rather funny.

      Now, what IS slightly newsworthy is that they decided to re-up the patent. Which may mean that they're going to use it in the Nintendo Revolution console. But then again, when have you heard of a company voluntairily giving up IP?

    54. Re:Homer, hmmmm patents. Yum by glesga_kiss · · Score: 1
      A lot of companies use patents defensively. Nintendo no doubt infringe on many unenforced patents that already exist. There are companies literally buying up patents to use them to essentially blackmail other companies.

      Having patents in some of the fundamentals of online gaming would essentially protect Nintendo from their competitors. Provided they don't pull an SCO and try to profit from it themselves that is...

    55. Re:Homer, hmmmm patents. Yum by FLAGGR · · Score: 1

      The initial idea of a gaming console is a crippled computer, and thats why there is no patent for consoles. But the patent this article is about is enhancing the console to do other stuff, which is completly differnt.

      Patent Info

    56. Re:Homer, hmmmm patents. Yum by d34thm0nk3y · · Score: 1

      What's a Wallah?

      I thought it was some sort of Muslim expletive....

    57. Re:Homer, hmmmm patents. Yum by _KiTA_ · · Score: 2, Insightful

      Being a Dragon Warrior fan, I distinctly remember reading about a downloadable, time limited, Dragon Quest 1 demo for the Famicom in Japan. IIRC it even had a touch of online play.

      If *anyone* deserves credit for online console gaming, it's Nintendo. That's why they have a patent for it.

    58. Re:Homer, hmmmm patents. Yum by MightyPez · · Score: 2, Insightful

      Since when is owning a patent ever about actually having a product released or ready for release? Unless of course you can find someone marketing laser pointers specificaly as "kitten workout devices".

    59. Re:Homer, hmmmm patents. Yum by arose · · Score: 1

      Computers had online gaming for a long time, when you bring a feature from a general purpouse computer to a single purpouse computer it suddenly becomes an invention?

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    60. Re:Homer, hmmmm patents. Yum by huchida · · Score: 1

      Since we're all writing in English on a mostly U.S. site, his assumption was correct. It didn't make it to these shores, thus we don't care all that much. "We?" You mean, "You." I don't see how anyone with the basest knowledge of video games could write of the Japanese market.

    61. Re:Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 0

      He was talking about "CONSOLES" the VirtualBoy is not classified as a console. what I can tell you is that while working for NOA from 1986 to 1992 I played on a Famicom that had a modem and it even included a fairly early form of Voice com and never made it to the US along with a lot of other products that had been designed for the Famicom in Kyoto.

      Still have a Famicom new in the box and a complete Rob Robot system.... Oh and production number 16 Gameboy.

    62. Re:Homer, hmmmm patents. Yum by Anonymous Coward · · Score: 0

      Gezunt-hite.

      I live to serve.

    63. Re:Homer, hmmmm patents. Yum by grolschie · · Score: 1

      No, he meant in the form of downloadable ROMs and emulators. ;-)

    64. Re:Homer, hmmmm patents. Yum by ebyrob · · Score: 1

      But the patent this article is about is enhancing the console to do other stuff, which is completly differnt.

      Um... enhancing them to do stuff computers already do? Isn't that just uncrippling them a bit? (eg: adjusting the "cripple mask")

    65. Re:Homer, hmmmm patents. Yum by adam.skinner · · Score: 1
      key litigation: define console A computer designed with the sole intention to play video games.

      And microsoft didn't design the components in their system either. They slapped together existing technology with some of their proprietary technology and sold it as a "console".

      When I put together a computer, I use similar components. But what we're really talking about here is "intention". Is my sole intention, when I designed (put together) my computer, to play video games? It sure is! In fact, ask any DIY gamer: they build their computer so they can play HL2 or Doom3 or Far Cry. The fact that it can do other things is irrelivant; so can the xbox and ps2. Just look at the GentooX project.

  2. Obviousness? by kmmatthews · · Score: 3, Informative
    From TFA: US patent that yields it the ownership of key online multi-player gaming facilities, including player league tables, voice communications and online gaming host services.

    Wow, they just patented telephones, VOIP, MMORPGs, etc... Sheesh, shouldn't something like this be a LITTLE obvious?

    Way to go, USPTO!

    --
    feh. stuff.
    1. Re:Obviousness? by Nos. · · Score: 1

      Yes but now its through a "console" so its all different.
      I wonder if Nintendo is worried about being run out of the market by Sony and Microsoft, and this is nothing more than a way to try and gain some control (and licensing revenue).

    2. Re:Obviousness? by kid-noodle · · Score: 5, Informative

      Nope. The patent specifically applies to home consoles, not to anything else.

      Even as a Nintendo fanboy, I'd call this questionable given Xbox Live, and whatever it is Sony have, but you can't pull them up on trying to patent telephones.

      --
      fortune -o
    3. Re:Obviousness? by Anonymous Coward · · Score: 1

      Just because you're selling the same technology to a different market segment doesn't make it patentable.

    4. Re:Obviousness? by funkdid · · Score: 4, Interesting
      The USPTO issues Patents NOT based on common sense (see above) but based on whether or not a patent for that exists. For example I submitted a patent for "scooting down stairs on your rear end, while making a 'budump' sound" While that is of course completely moronic, I'm sure I'll be issued a patent for it. Did I invent it? NO. But no one else is on record as inventing it so guess what, I OWN IT. Muwhahahahaha

      My hope is that if enough ridiculous patents are issued (I'm reminded of the guy that patented "swinging on a porch swing sideways" and "swinging on a porch swing sideways while making 'tarzan' sounds") they may revamp how the patent process works.

      Oh yeah I also submitted a patent for spinning in an office chair, don't be jealous...

      --

      I boycott signatures

    5. Re:Obviousness? by Anonymous Coward · · Score: 0

      " Patent 6,769,989, granted August 3, 2004 (but first applied for all the way back in 1998)" You had a PS2 and xbox in 1998? Lucky you!

    6. Re:Obviousness? by strictfoo · · Score: 1, Interesting

      No, of course he didn't, but all of those patented ideas were widely in use on computers for several years by that point. The argument that a console is somehow different enough to warrant the ability to patent these things is ridiculous. A console is a computer. Just because you put it in a different box and hook it up to your TV doesn't change that.

      --
      I've just signed legislation that'll outlaw Russia forever. We'll begin bombing in five minutes.
    7. Re:Obviousness? by jsberg · · Score: 3, Funny

      The Playstation 3 will now now be released as a personal computer with television adaptor, gamepad, and proprietary operating system.

    8. Re:Obviousness? by geordie_loz · · Score: 1

      Yep, surly Clive sinclair can sue nintendo if he patented the speccy, which you hooked up to your tv, and probably had games which did most of this.. not online or voice communications obviously, but score etc.. although because it used tapes i think some voice sounds could be done (not via net/null modem) though..

      Console is just a name for the same old things.. little black box you hook up to the tv and play games on, etc...

      Ah.. good old rubber keys :') brings a tear to the eyes.

    9. Re:Obviousness? by molarmass192 · · Score: 2, Insightful

      Nothing against Nintendo but I think these kinds of patents are rediculous. Should I be allowed to patent connecting a coffee machine to the internet so you can say good morning to your parents through it? It's just an adaption of pre-existing technology, hardly novel.

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    10. Re:Obviousness? by Anonymous Coward · · Score: 0

      Your phone has online multi-player gaming with league tables? Dang. I though I had a pretty good phone but obviously not as good as yours. Especially since yours must be older than 1998.

      It isn't the individual items that are patented but the combination of items into one product.

      Please also provide evidence of VOIP and MMORPGs from 1998 and earlier.

    11. Re:Obviousness? by NanoGator · · Score: 1

      "Wow, they just patented telephones, VOIP, MMORPGs, etc... Sheesh, shouldn't something like this be a LITTLE obvious?"

      *Sigh* no. They did not patent telephones and VOIP. The context is games here, and patents are VERY context sensisitive.

      BTW, obvious has nothing to do with it. VOIP is not so easy. Consider how little horsepower the N64 had and that most of it went towards the game, and you may see what I mean. Solving the problem is what patents are about, not obviousness. Otherwise I'd patent matter transportation.

      --
      "Derp de derp."
    12. Re:Obviousness? by 16K+Ram+Pack · · Score: 1
      What's the difference between a player league table on a Gorf machine and a player league table on the internet?

      Why should something taken from console to internet be something entirely separate that deserves patenting? (and I mean morally or logically, not legally).

    13. Re:Obviousness? by networkBoy · · Score: 2, Funny
      Oh yeah I also submitted a patent for spinning in an office chair, don't be jealous...
      Damn, and I was just doing this before I remembered I hadn't gotten my Slash fix this morning yet...
      {sigh} How much do I owe you for the following:

      an unlimited spinning licence

      a million spin licence

      a thousand spin licence

      per spin licencing

      a redistributable billion spin licence?

      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    14. Re:Obviousness? by stratjakt · · Score: 2, Insightful

      Go ahead and get those silly patents. Then try to use them, and the courts will toss them out.

      It really isn't the USPTOs job to weed through prior art and do all that investigative legwork. That would be nearly impossible, they'd need to employ top experts in every scientific and industrial discipline.

      No, it's up to your peers to challenge your patents by showing prior art or obviousness to a judge. The problem as I see it, are the financial barriers that keep the small guy out of court, not the USPTO or the notion of patents themselves.

      --
      I don't need no instructions to know how to rock!!!!
    15. Re:Obviousness? by Minna+Kirai · · Score: 3, Insightful

      It really isn't the USPTOs job to weed through prior art and do all that investigative legwork.

      No. It is their job, and they're not doing it. The USPTO should be applying at least a tiny level of common sense to these patent applications. Their mandate is to "promote the progress of science", and there's no way a kitchen-sink patent like this could possibly fit that goal. Even IF there were valid "inventions" in there, they'd be separate ideas- not one monstrous conglomeration of "stuff we can converge".

      Patents should be about HOW, not WHAT. Arthur C Clarke didn't deserve a patent on the TV relay satellite, because although he was the first to think of it, he couldn't plan it in specific technical detail. Nintendo has done no better. And need I point out that Nintendo filed their patent 5 years ago, but STILL haven't built a machine embodying it (or specific blueprints for that machine).

      I understand that patent examiners follow restrictive rules, so that individually they can argue "Not my job". But those rules are made by the USPTO, which is truely shirking it's public responsibility by being too lazy/corporate-friendly.

    16. Re:Obviousness? by Hast · · Score: 1

      OTOH they just said that "Hey we can man make an add-on for the N64 that does all these magic tricks" but they never did it. That's basically what your idea with patenting matter transportation is about, isn't it?

    17. Re:Obviousness? by KDR_11k · · Score: 2, Informative

      Unnecessary. The PS2 was ruled to be a computer.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    18. Re:Obviousness? by mikael · · Score: 2, Insightful

      Nope. The patent specifically applies to home consoles, not to anything else.

      Now, that is going to have interesting consequences. As the latest economy laptops now support advanced texture mapping, they could make an good alternative to buying a console system + wide-screen TV.

      It's also hard to believe that Nintendo would attempt to extract royalties from this patent, so it must be an attempt to build up a defensive patent portfolio.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    19. Re:Obviousness? by NanoGator · · Score: 1

      "OTOH they just said that "Hey we can man make an add-on for the N64 that does all these magic tricks" but they never did it."

      They did build it. It's called the 64DD. It doesn't have to be released to market to be patentable. All they have to do is have a working prototype.

      --
      "Derp de derp."
    20. Re:Obviousness? by NanoGator · · Score: 1

      "The argument that a console is somehow different enough to warrant the ability to patent these things is ridiculous. "

      Um, no it's not. Console have very demanding apps, a capped price point, and no keyboard to input on. Making all that stuff work well enough to sell is far more challenging than you're letting on.

      --
      "Derp de derp."
    21. Re:Obviousness? by Archibald+Buttle · · Score: 1

      Arthur C. Clarke didn't try to obtain a patent for TV relay satellites.

      What he did do was establish the principle of geosynchronous orbit, and geosynchronous satellites. Whilst the concept was patentable he chose not to try to patent the idea.

      How is important to patents. How a geosynchronous satellite works is simple - it is in an orbit whereby its orbital speed ensures it remains above the same point on the planet surface as the planet rotates. Whilst this may be a fairly simple concept it seems that nobody had come up with it before Clarke.

      To claim that Clarke wouldn't have deserved a patent for the idea on the basis that he could not plan it in specific technical detail does not make sense to me. Very little detail is needed for this specific idea. The satellite itself is a radio relay - a known technology - the important and novel part is its location. The method of delivering the satellite to its position is irrelevant.

    22. Re:Obviousness? by Anonymous Coward · · Score: 0

      Go ahead and get those silly patents. Then try to use them, and the courts will toss them out.

      Yeah, but by then, the person he sued will have either spent a lot of money on lawyers, tried to avoid a lawsuit by licensing the patent, or settled and stopped doing whatever it was they were doing.

      If it's the USPTO's job to rubber-stamp whatever goes their way, then this is exactly the problem. Stupid patents shouldn't make it all the way to court.

    23. Re:Obviousness? by Minna+Kirai · · Score: 1

      To claim that Clarke wouldn't have deserved a patent for the idea on the basis that he could not plan it in specific technical detail does not make sense to me.

      So you're actually saying that a science-fiction writer should be able to patent random ideas he has no idea how to implement, and then collect royalties if he's lucky enough for a team of scientists and engineers to actually invent it within the next 20 years?

      Does that "promote progress of science" ?

    24. Re:Obviousness? by Vicegrip · · Score: 1

      It really isn't the USPTOs job to weed through prior art and do all that investigative legwork

      Right, it's perfectly legitimate for the government to foist unto industries the cost of litigating untold numbers of stupid patents. Because, as everyone knows, patents are first and foremost about giving lawyers jobs. How else would those poor people manage to afford their BMWs?

      If patent officials aren't capable of discerning idiotic patents like that they shouldn't be trusted to assess ANY patent applications.

      --
      Do not spread "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0" over the internet, thank you.
    25. Re:Obviousness? by Gooba42 · · Score: 1

      Isn't it a requirement of the patent system that you give them a blueprint or otherwise sufficiently detailed documentation of a specific implementation of your idea?

      The idea being that you can't patent flying but you can patent an airplane? You can't patent cooking but you can patent a stove?

      And the barrier is based on the obviousness to a peer within your field of endeavor, not whether any layman could or couldn't have thought of it. This gives the impression that patent examiners *are* in fact supposed to have some specific understanding what the hell they're examining.

      On the whole I'd say the patent system needs to be revamped. All of the existing patents should be re-scanned, typed up, whatever into a publicly searchable online database. Disputing any given patent shouldn't require a lawyer. Patent examination should be revised and there should be experts at least as consultants if not as examiners themselves.

      Streamline this process any way you like but there are 2 essential bits that must be put in place: Patents must be cheaply and easily disputable and they must be publicly searchable. Any company or individual who cares to re-examine some patents should be capable of doing so.

      --
      I just found out there's no such thing as the real world. It's just a lie you've got to rise above. - John Mayer
    26. Re:Obviousness? by strictfoo · · Score: 1

      Console have very demanding apps
      As do computers

      a capped price point
      capped by the market - and this has absolutely no relevance to patents

      and no keyboard to input on
      Most (all?) consoles have keyboards available (Xbox and PS2 for sure)

      Making all that stuff work well enough to sell is far more challenging than you're letting on.

      As our making chipsets for computers. And making everything work correctly with computers. And how was I "letting on" about anything? What are you even talking about? What's your point with all this?

      A console is a computer. Just because it's in a pretty box, and doesn't come with standard components doesn't mean anything.

      --
      I've just signed legislation that'll outlaw Russia forever. We'll begin bombing in five minutes.
    27. Re:Obviousness? by NanoGator · · Score: 1

      "As do computers"

      Not even in the same league. Game consoles run apps that utilize 100% of their power for a fully interactive experience. Computers run apps of varying capability. If you want to have a computer app that does nothing but voice chat, you can reasonably dedicate the whole machine to. Again, not an easy problem to solve.

      "capped by the market - and this has absolutely no relevance to patents"

      Wrong. It is very much relevant. You can't package a $2,000 PC into a console just to do voice chat. The price point of a console limits the resources available for software to run. So when you make something work within those limitations, you've genuinely innovated. You can't say that market price has nothing to do with this.

      "Most (all?) consoles have keyboards available (Xbox and PS2 for sure)"

      So? Nobody has them. Your interface for something like this is a controller. That's what you got. That means when you create an online service, you have to deal with issues like 'how does one find another person's IP address?' Putting a keyboard into the mix is one way of doing it. But if you take the time to actually deal with it sans kb, you've done something innovative.

      "And how was I "letting on" about anything? What are you even talking about? What's your point with all this?"

      The point was you can't just take what's been done on a PC and drop it into a console without a significant amount of work to turn it into a satisfactory product. Simple as that. When you do that kind of work, some elements of it become patentable.

      "A console is a computer. Just because it's in a pretty box, and doesn't come with standard components doesn't mean anything."

      Wrong. Sharing similar internals does not make them the same any more than saying a woman and a man are the same just because they share most of the same organs. You don't surf the web with consoles, and you don't play Super Mario Sunshine on your PC. The only way you can say one is the other is by oversimplifying way too dramatically.

      --
      "Derp de derp."
    28. Re:Obviousness? by strictfoo · · Score: 2, Insightful

      Not even in the same league. Game consoles run apps that utilize 100% of their power for a fully interactive experience.

      Game consoles have operating systems, as do computers. When I run a game on my computer or my game console they both utilize the majority of the processing power of the hardware. Last time I checked a Windows/Linux/Mac OS based computer was also a "fully interactive experience".

      Computers run apps of varying capability.

      As do game consoles. Have you seen some of the new stuff Sony is doing with that eyeToy? Completely unrelated to gaming, strangely enough. They're launching a video chat service. Oh, wait, but I thought these console things were just for gaming?

      So? Nobody has them. Your interface for something like this is a controller. That's what you got. That means when you create an online service, you have to deal with issues like 'how does one find another person's IP address?' Putting a keyboard into the mix is one way of doing it. But if you take the time to actually deal with it sans kb, you've done something innovative.

      I use a mouse to find my online servers, can I patent that? And I never see the IP for a lot of games I play online. Hell, I think I've played games online that have allowed me to use my Gravis Gamepad to select servers. Again, how is this anything special? It's not even innovative. It's just a standard input device (gamepad, mouse, keyboard, etc) that allows you to input (hence the name input device). And it doesn't matter if a lot of people don't have keyboards for their consoles. I'm sure there aren't a lot, but I'm sure there are at least several thousand people who do.

      Sharing similar internals does not make them the same any more than saying a woman and a man are the same just because they share most of the same organs.

      Men and women are actually extremely similar. They're also both humans, just like consoles and personal computers are both computers.

      You don't surf the web with consoles, and you don't play Super Mario Sunshine on your PC.

      I play games on my computer and I use software that connects over the internet on my console. Just because a certain game or application isn't available on one or the other means nothing.

      Honestly, trying to argue with you that game consoles are comptuers is getting a little tiring, because they are computers. It's a specialized computer. There are many different types of specialized computers. Everything from cash registers, to embedded systems that run weather stations, to super computers, to rendering clusters, etc. etc. etc. All of them are computers.

      --
      I've just signed legislation that'll outlaw Russia forever. We'll begin bombing in five minutes.
    29. Re:Obviousness? by NanoGator · · Score: 1

      "When I run a game on my computer or my game console they both utilize the majority of the processing power of the hardware."

      No, they don't. The games you play on it, maybe, but not the apps. Otherwise you'd always need the latest and greatest machines to do your work.

      "Last time I checked a Windows/Linux/Mac OS based computer was also a "fully interactive experience".

      Not like a game, no. You're raching a bit.

      "Men and women are actually extremely similar. They're also both humans, just like consoles and personal computers are both computers."

      They are also distinct entities. Just like consoles and computers.

      "I use a mouse to find my online servers, can I patent that?"

      There was a patent awarded (and heavily contested...) for hyperlinking. That would have covered that, yes.

      " Again, how is this anything special?"

      They had to set up the service to do this. They had to do a lot of work to make that possible. It would even be worse for consoles because of their more limited nature.

      "And it doesn't matter if a lot of people don't have keyboards for their consoles."

      It does matter because games are meant to be sold by the millions, not thousands, so they cannot rely on that kb existing.

      "Everything from cash registers, to embedded systems that run weather stations, to super computers, to rendering clusters, etc. etc. etc. All of them are computers."

      You're fuzzing up your own point. Nobody calls a cash register a computer. Why? Because the general purposeness of that machine is not exposed. Patenting something for a cash register is possible. Very specific.

      "Honestly, trying to argue with you that game consoles are comptuers is getting a little tiring,"

      Maybe one of us is being too broad while the other is being too narrow? That's not an attack, but I am starting to think that we're nitpicking the definition of computer and console for differeing reasons. I'll try to help by offering that the reason I'm making the distinction is that a console is a different and focused application, as such, a different type of research and innovation goes into improving it. In the eyes of the patent office, this is enough of a distinction to make something patentable. Because of this distintion, Nintendo cannot sue Dell or Id because computers are not consoles and Quake is not a console game. That make sense? That's an honest attempt not to be flaming or condescending, please keep that in mind when you respond.

      --
      "Derp de derp."
    30. Re:Obviousness? by arose · · Score: 1
      What he did do was establish the principle of geosynchronous orbit
      Arthur C. Clarke is god now? Humans certainly can't establish the laws of nature.
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    31. Re:Obviousness? by arose · · Score: 1
      It really isn't the USPTOs job to weed through prior art and do all that investigative legwork.
      Ehh... What's their job then?
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    32. Re:Obviousness? by Pfhreakaz0id · · Score: 1

      you've obvioulsy never been a contractor at a federal facility with U.S. Governemtn empoloyees... Their job is bitching about benefits, vicious backbiting politics, making personal phone calls, wrangling over budgets and going to meetings.

    33. Re:Obviousness? by Anonymous Coward · · Score: 0

      Ok, that does it... We need to officially acknowledge a new variant of the Steve Jobs Reality Distortion Field.

      You are completely confined within the Nintendo Reality Distortion Field. A field in which the occupants view N as a company that can 'do no wrong' no matter how insane they get.

      Drink the kool-aid, wear the robes, chant the mantra. Nintendo has you by the balls, and you're too stupid to realise it.

      A console is a fucking computer. Face it. In fact, most console programmers have it easier since they don't have to worry about a variety of different hardware or an OS getting in the way. Processing power used to be an issue, but that's hardly the case in today's systems.

      Oh, and you indeed CAN surf the web with a Dreamcast, and you can play a ton of emulated console games on your PC. The only reason you are defending this ludicrous point is because you're within the Field.

      Resist it, boy! Fight it! Come back to reality! Back!

    34. Re:Obviousness? by Anonymous Coward · · Score: 0

      "But if you take the time to actually deal with it sans kb, you've done something innovative."

      You mean like arcade games that have had users enter their initials without a keyboard for, oh... near 30 years now?

      Yeah.. Real innovative.. Admit it, you've lost this argument. Back down now while you still have a shred of dignity left.

    35. Re:Obviousness? by NanoGator · · Score: 1

      "A console is a fucking computer."

      No, it's not. The very fact that you see the difference between a console and a PC totally self destructs your own argument. It's funny that you're accusing me of existing in a distorted reality when you can't even cook up a good argument.

      "Oh, and you indeed CAN surf the web with a Dreamcast"

      Perhaps, but since you can't travel back in time with it to when this patent was filed, your point has no substance. Actually, if you're looking for prior art, I think the Saturn had a net doohicky that played online games. That would probably be effective at destroying Nintendo's patent. (Pity you haven't paid a lot of attention to my posts, or you'd realize I'm not defending Nintendo, but rather explaining how it could be possible to patent this sort of thing. Maybe when your view isn't obstructed by your anus, you'll see that.)

      "Resist it, boy! Fight it! Come back to reality! Back!"

      I don't need to fight, you haven't been able to stand on your own two feet yet. Put up an actual fight and I'll spar with ya. You'll have to do better than accusing me of being a Nintendo fan boy, though. ;)

      --
      "Derp de derp."
    36. Re:Obviousness? by halowolf · · Score: 1

      I think I'll stay on the "A console is a fucking computer" side of the fence, thankyou very much.

    37. Re:Obviousness? by NanoGator · · Score: 1

      "I think I'll stay on the "A console is a fucking computer" side of the fence, thankyou very much."

      If you'd rather go by the literal definition like the dictionary does instead of the practical definition like the patent office does, doesn't hurt my feelings. Consider a couple of things, though:

      1.) You don't do the same stuff with a computer that you do with a console. Though there is some overlap, you will not be browsing porn from your GameCube or playing Wind Waker on your computer.

      2.) Sharing the same guts is not the same as being the same. You obviously percieve the difference between a PC and a Console just fine. There's no confusion in your mind between the two. Hopefully from there you'll understand why calling a console a computer is misleading. If I say I'm selling you a computer and I give you a GameCube, you're not going to look at it and go "well.. it does have a CPU, so I guess technically he didn't misrepresent it."

      For the record, I'm not siding with Nintendo. (I think Sega has some prior art with the Saturn... or the X-Band for the SNES/Genesis that was made by a 3rd party) rather I'm just pointing out what the significance is. Lots of people here on Slashdot think that patents are more broad than they really are. I can't patent double clicking on a PDA and sue Microsoft for using double clicking on a PC. You can argue that a PDA is a computer until you're blue in the face, the law simply will not see it that way. They're actually very specific, and even if they have a broad patent, making a case with it is an entire matter entirely. Nintendo isn't suing Sony or Microsoft. Microsoft hasn't sued Palm over the double click patent. Etc.

      --
      "Derp de derp."
    38. Re:Obviousness? by Archibald+Buttle · · Score: 1

      So you're actually saying that a science-fiction writer should be able to patent random ideas he has no idea how to implement, and then collect royalties if he's lucky enough for a team of scientists and engineers to actually invent it within the next 20 years?

      Does that "promote progress of science" ?


      As I tried to point out the idea of a geosynchronous satellites is actually not all that complex. The details of that idea are also not particularly complex. It was still a novel idea when Clarke came up with it. The difficult bit is getting the satellite out into position, however that is a separate problem.

      The idea of anchoring a satellite at a point in space by no means other than gravity is a novel one. I am however fairly sure that the first geosynchronous satellites did not appear until over 15 years after Clarke first proposed the idea. At that time patents only lasted 15 years. In this case the question is moot.

      Patents cover ideas, not specific implementations. Copyright is the tool to use to cover an implementation of an idea.

      Personally I believe that 20 years is far too long to protect an idea with a patent. That length of duration is, IMHO, contrary to the notion of promoting progress of science. This can be clearly seen with the land-grab of patents that has occurred in recent years. It is not cheap to apply for a patent today, and only the very rich can afford to legally enforce their patents through the courts.

    39. Re:Obviousness? by The_reformant · · Score: 1

      Well i'd call this questionable due to prior art. I have played plenty of flash games with league tables, further I have played them on my xbox. And im pretty sure it can be done on dreamcast as well.

      There is also an EA golf arcade machine in the pub which keeps a regional league table collated from all machine in the region..im guessing this is prob done via the internet as well.

      --
      I have discovered a truly remarkable sig which this post is too small to contain.
    40. Re:Obviousness? by halowolf · · Score: 1

      All I see is that Nintendo is grabbing the patent so that people won't come along and try to patent what is essentially common sense as far as computers are concerned and try to extort money from the big 3. Sony, Microsoft and Nintendo most probably have enough patents of mass destruction that should they wish to patent fight between themselves they would indeed destroy themselves.

    41. Re:Obviousness? by NanoGator · · Score: 1

      "All I see is that Nintendo is grabbing the patent so that people won't come along and try to patent what is essentially common sense as far as computers are concerned and try to extort money from the big 3."

      Doubtful. They spent a lot of R&D time and money prior to 1998 (MS wasn't even a player then) to make an on-line experience. Hell yeah they're going to try to patent it. It's a reward for doing that kind of research and a teaser to convince other companies to come up with something even better.

      " Sony, Microsoft and Nintendo most probably have enough patents of mass destruction that should they wish to patent fight between themselves they would indeed destroy themselves."

      Again, doubtful. Patents are tough to win significant money from. The point is to cause them to point in another direction.

      Is the patent silly? Eh sorta. I don't agree that this is a common sense 'as far as computers are concerned' case, but I'm also not convinced that Nintendo really really really deserves that patent. Nintendo didn't exactly have anybody else to copy of, and they certainly had to put a lot of work into making it work. This plainly isn't a case of Nintendo being evil, but it could be a good case for the Patent Office being stupid.

      --
      "Derp de derp."
    42. Re:Obviousness? by SoulSkorpion · · Score: 1

      Go ahead.

      No, I'm being absolutely serious. The system is broken; demonstrate that it's a crock of shit by abusing it. What would be ideal is setting up organisations to do this large scale. DDoS the patent office, in effect.

      Which reminds me. Wouldn't it be a viable defense against ridiculous software patents to go on a mad patenting of fundamental techniques and then make them all public domain?

  3. Player? No. by grub · · Score: 4, Insightful


    it makes you wonder if this is the first step for Nintendo to become a major player in the online gaming market

    s/player/litigator/g

    --
    Trolling is a art,
    1. Re:Player? No. by Rick+and+Roll · · Score: 1
      s/player/litigator/g

      Since there's only one occurrence of "player" per line, the g isn't needed.

    2. Re:Player? No. by Anonymous Coward · · Score: 0

      You assume that will be the only time Nintendo will be called a "player" ...

  4. XBOX Live? by nam37 · · Score: 0, Redundant

    Anyone heard of this? It can do these things...

    NAM37

    --
    The two rules for success are:
    1) Never tell them everything you know.
    1. Re:XBOX Live? by Anti+Frozt · · Score: 5, Informative

      What they've been awarded is an addition to a patent they filed for back in 1999, long before Xbox Live existed.

      The thing is that a lot of this technology already existed prior to the patent application in PC online gaming. Nintendo has just patented the same thing on a different technology.

      --
      In C++, friends can touch each others private parts.
    2. Re:XBOX Live? by Anonymous Coward · · Score: 1, Informative

      ...and the patent application PREDATES X-Box Live, by SEVERAL YEARS.

      RTFA.

    3. Re:XBOX Live? by Ender+Ryan · · Score: 1
      Nintendo has just patented the same thing on a different technology.

      Not even that, it's essentially the same technology. The difference between consoles and PCs is very minor, especially considering both the GC and Xbox use essentially "off the shelf" processors and memory.

      Same thing on the same technology, IMO.

      Fuck the U.S. PTO, I wish everyone working there a great deal of harm. They so fucking deserve it with how much harm they are causing people.

      Disclaimer: that's not a threat, just a wish.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
  5. Umm... by Mynt-E · · Score: 0

    Prior art?

    1. Re:Umm... by News+for+nerds · · Score: 1

      The patent, number 6,769,989, was granted on 3 August this year, but is essentially a continuation of another Nintendo patent, 6,599,194, which was filed in April 1999.

      Xbox was announced in 2000, so it may infringe.

    2. Re:Umm... by MayonakaHa · · Score: 1

      None. At least not as far as consoles go. This patent was made when they planned for the 64DD, the disk drive for the N64. That predates the Dreamcast certainly. I'm not sure what other consoles before DC had online capability, but I do know that Super Famicom/Nintendo was able to go online with an addon cartridge.

  6. DON'T PEDDLE YOUR VILE CANDY TO ME CANDY MAN! by Spleener12 · · Score: 5, Funny

    That seems rather interesting, given Nintendo's current online policy.

    1. Re:DON'T PEDDLE YOUR VILE CANDY TO ME CANDY MAN! by Anonymous Coward · · Score: 0

      It has PSO. That's all I need. Life...is good.

    2. Re:DON'T PEDDLE YOUR VILE CANDY TO ME CANDY MAN! by Scyber · · Score: 1

      Perhaps they were waiting on a patent before they really developed their online stuff.

    3. Re:DON'T PEDDLE YOUR VILE CANDY TO ME CANDY MAN! by pappy97 · · Score: 1

      "Perhaps they were waiting on a patent before they really developed their online stuff."

      Or they were just waiting until they can charge an arm and a leg in licensing fees from Microsoft and Sony.

      XBOX and PS2 (Especially XBOX) read on this patent like nothing I've seen as of yet in the video game world. This doesn't mean Nintendo will assert it against MS, but they can.

      If I were Nintendo, I would force MS and Sony to pay licensing fees or sue for infringement. The huge fees they could get could force MS and Sony to cut back on their online gaming, allowing Nintendo to get involved, if they want.

  7. Great by stuffedmonkey · · Score: 2, Insightful

    All the patents go to the guys with the weakest online system.

    1. Re:Great by MORTAR_COMBAT! · · Score: 5, Insightful

      you know, I was going to use some mod points on this discussion, but I had to take notice to your comment.

      All the patents go to the guys with the weakest online system.

      The Cube has the fewest number of online titles, to be sure. But the system itself? It is at least orders of magnitude better than the XBox, which requires going through XBox Live! to play online (legally speaking of course). The Cube online system is actually the most open system available, the lack of publisher support for it may make it appear that the system itself is weak -- support from publishers in the form of compelling titles is what is really lacking.

      For example: if a large number of XBox developers wanted to provide their own gaming network... guess what -- they can't. XBox Live! only.

      There's actually nothing stopping you or me from developing our own Cube online gaming network and working with publishers to use this network.

      --
      MORTAR COMBAT!
    2. Re:Great by h0mer · · Score: 1, Troll

      I see you post often so I know you're not a troll. I'll quickly skim over the Xbox Live features (voicechat/friends list/no cheating/etc.) and say this:

      What would you say if it was Nintendo Live and not owned by Microsoft? Assume that the pricing and features are the same.

      --


      I'm on top of my game like I'm standin' on Xbox.
    3. Re:Great by MORTAR_COMBAT! · · Score: 1

      I don't understand the question exactly -- are you saying that if the GameCube was locked in to a closed "Nintendo Live!" system for all online play, what would I think? I would think it was crap and likely say so.

      The voicechat, friends list, no cheating -- great stuff! But imagine if XBox Live! had competition from something like EA Live! on the XBox.

      --
      MORTAR COMBAT!
    4. Re:Great by Anonymous Coward · · Score: 0

      you know, I was going to use some mod points on this discussion, but I had to take notice to your comment. The Cube has the fewest number of online titles, at exactly 2. But the system itself, being not used/nonexistant is at least orders of magnitude worse than the XBox which actually has an online framework in place. Anything > nothing. The Cube online system is non existant, the lack of publisher support for it makes it appear that the system itself is weak -- support from publishers in the form of compelling titles is really lacking. For example: if a large number of XBox developers wanted to provide their own gaming network... guess what -- they can since Microsoft opened the live protocol up a while ago. There's actually nothing stopping you or me from developing our own Cube or XBOX online gaming network and working with publishers to use this network.

    5. Re:Great by DrAegoon · · Score: 1

      There's nothing stopping developers from creating a third party gaming network for XBox either since they already did.

      Both of those services are free in some form, work with games from before XBox Live! (Halo anyone?), and only require a computer, a hub and a network connection.

      I don't see how legality can possibly be an issue since all they do is take an XBox's existing LAN support and transmit it over the Internet. Maybe no third party developers make network apps for the Cube because the Cube doesn't come with network support?

    6. Re:Great by Anonymous Coward · · Score: 0

      "There's actually nothing stopping you or me from developing our own Cube online gaming network and working with publishers to use this network."

      Apart from a multi-million dollar investment, a complete lack of an online GameCube installed base, and the fact your overrated orange purse is going to be obsolete in two years?

      Yeah okay.

    7. Re:Great by Guppy06 · · Score: 1

      Who made the multi-million dollar investment to convince PC game companies to go online?

      Why must the console manufacturer cater to game companies with such a primadonna attitude?

      What happens when (not if) Sony and Microsoft tell their respective publishers that the honeymoon is now over and they expect no more subsidizing in the future? I'd wager this happens with the next generation of consoles.

      Sega may be the only company with the 'cube online, but I suspect that not relying on Nintendo the way other publishers rely on Microsoft and Sony will give them a better footing in the long run, seeing as how they're already self-sufficient.

      A new version of PSO I & II gets released stateside in a few days, by the way.

    8. Re:Great by NotNormal23224 · · Score: 1

      There is now....Nintendo's patent stops you! You'd be forced to licence it from them in order to create your gaming network on the cube, or did you miss the part where they'll be able to claim that they own your idea?

    9. Re:Great by Anonymous Coward · · Score: 0

      I'd think it's crap too, just like I think it's crap to have to buy two pairs of GameBoy Advance consoles just to use as controllers for another console. Fucking vendor lock-in!

  8. By November? by StevenHenderson · · Score: 0, Offtopic

    Hopefully they will use some of these patents to bring Metroid Prime 2 online in November. 4-player online deathmatch would be the only thing that could make me look forward to the game any more than I already am.

    1. Re:By November? by slungsolow · · Score: 2, Informative

      Perhaps these folks can take care of it if nintendo doesn't bother.

      For those not familar, it makes gamecube games that are LAN compatable work over the internet. Its a beautiful thing.

  9. Microsoft by Anonymous Coward · · Score: 5, Interesting

    Is this why Microsoft wants to buy Nintendo, I wonder?

    1. Re:Microsoft by Mysticalfruit · · Score: 1

      I wish I could mediate that deal.

      You can have Nintendo, but Miyamoto goes to Sony!

      --
      Yes Francis, the world has gone crazy.
    2. Re:Microsoft by Klar · · Score: 3, Informative

      From what I remember about that article, Gates said he would buy Nintendo if he had the chance--a way of complementing them. Microsoft doesn't think they have a chance at buying Nintendo, and Nintendo has said that they don't want to be sold.

    3. Re:Microsoft by Anonymous Coward · · Score: 0

      Gates did not say he would buy Nintendo..

      He SAID he would pick up the phone if Nintendo called.

      That's it.

      This is old news.

      Microsoft IS NOT BUYING NINTENDO.

      Thanks for trying. Come again. Bye bye.

  10. Weird.. by FubarPA · · Score: 0, Redundant

    Wouldn't the XBox, or even Dreamcast, have some sort of prior art against this? I mean, the Gamecube has one (that I know of) online game, and it doesn't support most of the things being patented by Nintendo.

    --
    "Well, I am mad, and I'm a crazy fucka when it comes to tea"
    1. Re:Weird.. by Dark+Nexus · · Score: 1

      Dreamcast, maybe. But the patent application predates X-Box Live.

      But the biggest example for the DC would be PSO, and that came out after the patent application as well.

      --
      Dark Nexus
      "Sanity is calming, but madness is more interesting."
    2. Re:Weird.. by Grey+Ninja · · Score: 1

      Yes. They do have prior art to the GameCube. But the N64, Super Famicom, and Famicom all have prior art against them. ALL of Nintendo's consoles have been online in some form.

    3. Re:Weird.. by stratjakt · · Score: 1

      Every Nintendo system, back to the Famicom, was "online" in one form or the other.

      Nintendo's always done business this way, and they have a very large library of patents. Like MS, they've never used them aggressively.

      They've had a long history of locking in third party publishers.. Remember the "good old days" when Capcom's deal with Nintendo forced them to only support Nintendo?

      This is no big deal, and hardly the end of online gaming.

      --
      I don't need no instructions to know how to rock!!!!
    4. Re:Weird.. by News+for+nerds · · Score: 1

      The two patents detail a "home video game system with hard disk drive and Internet access capability", but the second filing adds provision for "substantially real-time" online multi-player gaming, connection via an online gaming service, support for online "player performance data", using the connection to download information and do so securely through an authentication process, and the communication across the Net of "audio input signals".

      Since Dreamcast doesn't have hard disk, so the problem is with Xbox and

      The patent, number 6,769,989, was granted on 3 August this year, but is essentially a continuation of another Nintendo patent, 6,599,194, which was filed in April 1999.


      Patents can be modified to add new elements, and technology companies frequently amend existing intellectual property with new, related ideas - which then apply from the first filing date, in this case April 1999, long before last year's introduction by Microsoft of Xbox Live, its console-oriented online gaming and information service, and which also offers voice chat facilities.


      Xbox/PS2 are not prior arts, they infringe this patent.

  11. And I patent...... by commo1 · · Score: 2, Insightful

    What next? "System for looking up bank balances & transfering currency on-line" "System for verifying stock levels for multi-location distributor"? This is getting out of hand.

    1. Re:And I patent...... by r00t_ur_b0x · · Score: 1

      Shhhh.... keep quiet! There might be lawyers present.

    2. Re:And I patent...... by 16K+Ram+Pack · · Score: 1

      How much is it to patent something with the USPTO? Maybe some /.ers should get together and try and get some utter garbage patented.

    3. Re:And I patent...... by miller60 · · Score: 1

      Don't laugh. There are firms whose entire strategy appears to be an intellectual property land grab by being the first to submit a patent application for a widely-used business concept. It's a big issue in web hosting, where a patent squatter has been awarded a patent for the subdomain and applied for a bunch more. Even SCO had an actual business, once upon a time. For some companies, patents are the business.

  12. What? by justkarl · · Score: 1

    Does this mean that PS2 and XBOX can't do online gaming without royalties?? Help me out!

  13. Patents are gay now by Anonymous Coward · · Score: 0

    Everyone knows about that stuff, it isn't new. Nintendo shouldn't be given those patents.

    Its like giving Honda the patent for the tire on hybrid cars.

  14. Patents - to encourage innovation? by gorbachev · · Score: 2, Insightful

    Maybe 100 years ago. This is truly getting ridiculous.

    --
    In Soviet Russia, I ruled you
    1. Re:Patents - to encourage innovation? by fullmetal55 · · Score: 1

      I've said it before, patent law needs an overhaul. most notably a limit on patents applied for per year for corporations. make it some obscene number like 10. it'd stop corporations from fileing puny litigation use only patents that wouldn't stand up to scrutiny. this would still allow the independant inventor to patent his widget and allow corporations to patent important innovations they develop. as well as put a stop to this rubber-stamping of corporate patents and renew faith in the patent system.

    2. Re:Patents - to encourage innovation? by rd_syringe · · Score: 1

      We constantly see people complaining about the patents, and Slashdot continues to post new patent filing stories. But I have yet to see anything actually happening based on these patents. It's like people think companies never filed for endless patents befoe. People, this has gone on for years and years. It's just that websites like Slashdot make a big deal of it now, but nothing actually changes or has changed.

    3. Re:Patents - to encourage innovation? by atcdevil · · Score: 0

      That is not at ALL insightful. I have heard that 1000000000000000000000000 times before from 3/4 of the members of Slashdot. Slashdot mods suck!

    4. Re:Patents - to encourage innovation? by Philmeeh · · Score: 1

      Ummm SCO....?

  15. In another patent by News+for+nerds · · Score: 5, Informative
    1. Re:In another patent by Anonymous Coward · · Score: 0

      What bugs me about this is that is undoubtedly some original patentable stuff in the PS2 graphics engine (Just reading the description in the patent).

      However, the claims in the patent (the legally enforceable bit) are applicable to every other graphics engine out there.

      I wonder how many 'obvious' patents are just a result of the lawyers writing down the 'wrong' claims?

    2. Re:In another patent by Anonymous Coward · · Score: 0

      Read the patent. What they're patenting is the Playstation 2. No less and no more. It includes the central processor, emotion engine, and the graphics card, which is basically what a PS2 is. Unless some other company plans on making a PS2, I don't think this can cause any harm.

  16. xbox live prior art? by musikit · · Score: 0, Redundant

    how is this different from xbox live?

    would it count as prior art?

    i would think they are either using this as
    1. a defense manuever against sony/microsoft
    2. push sony/microsoft out of the online community so they get more market share.

    i would say more 1 then 2 but if it is 2 would MS/Sony have a defense?

    P.S. i love nintendo. MS can go away quietly please. but you have to be fair

    1. Re:xbox live prior art? by FLAGGR · · Score: 1

      The patent was filed 6 years ago. It had to do with plans for the 64DD.

    2. Re:xbox live prior art? by black+mariah · · Score: 1

      RTFA, dumbass. This patent was applied for in '99. XBox Live means dick.

      Xband, on the other hand...

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
  17. This is so sad by WarMonkey · · Score: 0, Flamebait


    Nintendo used to be a productive company that focused on satisfying its customers. Now it appears to be just another non-productive company that figures IP is an easy way to milk the legal system and benefit from government-sponsored privilege.

    --
    -- I could tell right away that she was impressed with my HUGE Slashdot Karma.
    1. Re:This is so sad by meringuoid · · Score: 4, Interesting
      Nintendo used to be a productive company that focused on satisfying its customers.

      Nintendo were always a mean, litigious, predatory outfit, some of whose business practices would make Microsoft blush. They had a near-monopoly in the NES days and they used every trick in the book to maintain it as long as they possibly could.

      They focused on world domination, and screwed over everyone and everything in their path. The only reason they're not still what they were is that they screwed over Sony on the SNES CD project and Sony screwed them right back.

      Do not expect Nintendo to play nice with a patent like this one. They'll sue everything in sight to ensure online dominance for their next console.

      --
      Real Daleks don't climb stairs - they level the building.
    2. Re:This is so sad by kid-noodle · · Score: 1

      But.. but.. Shigsy is such a nice guy.. and Yoshi, he's cute.. You've destroyed my childhood! *sob*

      --
      fortune -o
    3. Re:This is so sad by Anonymous Coward · · Score: 0

      O GameCube, thats selling realllll well, numbnuts

    4. Re:This is so sad by black+mariah · · Score: 1

      Actually, idiot, it is

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    5. Re:This is so sad by WarMonkey · · Score: 1


      I guess the Gamecube, Gameboy Advance, and Nintendo DS aren't 'productive' enough for you

      It's not me. Apparently, Nintendo itself doesn't have any great confidence in them, if it is truly laying the groundwork for an IP litigation jihad. I note that you're not disputing the content of the article.

      --
      -- I could tell right away that she was impressed with my HUGE Slashdot Karma.
    6. Re:This is so sad by hambonewilkins · · Score: 1
      I agree with all your points sans one. I read "Game Over" and Nintendo is a nasty company.

      However, they have a TERRIBLE track record online (Dreamcast online? Yup. PS2 online? Yup. Xbox online? Yup. Gamecube online? One game!).

      Though they may sue, they haven't demonstrated "online dominance" yet nor do they seem all that interested in online gaming.

      --

      God Bless America. Why? Did it sneeze?
    7. Re:This is so sad by evilmousse · · Score: 1


      I haven't really seen much reason to lable nintendo as an evil company.. what did I miss?

      If I'd fault them for ANYthing, it's for not growing up with us (children of the 80s), and instead decided to remain largely for children. We were ready to get nintento tatoos at one point, but they took the disney angle instead.

      -g

    8. Re:This is so sad by rsmith-mac · · Score: 1

      Let's not forget that in there attempts to dominate, they've become partially responsible for the current environment of the government trying to regulate games. When Night Trap for the SegaCD was released and the whole world went to hell, Nintendo used that opportunity to try to hurt Sega, and provided Sen. Liberman(yes, that Liberman) with video(specifically, a cut of the worst scenes in Night Trap) and other evidence for his dog & pony show. While Nintendo isn't the same company that they were 12 years ago, I still can't forgive them for not only failing to try to help the industry, but instead using events to screw everyone over for their own benefit.

    9. Re:This is so sad by black+mariah · · Score: 1

      Gimme a fuckin' break. Nintendo's been patenting shit for dozens of years, moron. This isn't anything new. You come up with something, you patent it. Not every patent is grounds for IP litigation you stupid fucking cock.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    10. Re:This is so sad by DeadScreenSky · · Score: 1

      Even worse, Nintendo actually started the whole regulation thing by going to Lieberman before the controversy had even began. He wasn't even looking into it prior to that.

      --
      There is no excellent beauty that hath not some strangeness in the proportion. -- Francis Bacon
    11. Re:This is so sad by DeadScreenSky · · Score: 1

      Some Evil Nintendo Stuff:

      Price-fixing. Lots of cases of this, including convictions in multiple countries. Consoles, games, etc.

      Attempts to impose government censorship on games (to hurt rival Sega). Just being so censorship crazy in general is bad enough in my eyes.

      Threatening retailers not to advertise the coming Xbox, or they wouldn't get enough GBA stock.

      All that shit they did to third parties during the SNES and NES days. (Apparently more recently, too, but it was especially prominent back then.)

      That shit they pulled on Sony with the SNES CD-ROM. Karma killed them on that one of course.

      Most of their voice-acting (Slippy, Toad in MarioKart, etc.) :D

      Etc.

      (And though it can't be confirmed obviously, the death of good old Gunpei was pretty freaking suspicious. It has "yakuza hit" written all over it, IMHO.)

      --
      There is no excellent beauty that hath not some strangeness in the proportion. -- Francis Bacon
  18. Or what else they have planned... by MayonakaHa · · Score: 3, Informative
    I read about this the other day on El Reg. As much as I love Nintendo, I have to wonder about what they might do with these patents. Sony and MS might become some major targets for YEPW (yet another patent war). On the flipside, it'd be nice if they finally got some decent online gaming going since they already have the adapters out for 56K and broadband.

    No chance for prior art on this one either from what I can tell I'm afraid. These were amended to previous patents and refer specifically to consoles. It looks like these predate the Dreamcasts online gaming and with the console specifically mentioned they could easily avoide the PC Prior Art argument.

    1. Re:Or what else they have planned... by black+mariah · · Score: 1

      It might predate the DC, but it doesn't predate Xband. http://www.gamersgraveyard.com/repository/snes/per ipherals/xband.html

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    2. Re:Or what else they have planned... by ThosLives · · Score: 1
      True, there's no "prior art" for being console-specific, but this should fail the "obvious to someone skilled in the art" clause. If there are other things out there that use these features but don't happen to be for a console, then it should be obvious to anyone on the online computing industry to apply those to a console.

      The trouble with software patents in general is they are fundamentally different than hardware patents; hardware patents patent an implementation of something, where software patents (and process patents) are generally a patent on the idea of doing something, rather than how to do that thing. This is why people get all up in arms, because anyone can come up with ideas without establishing a means to implement it.

      This is the reason I don't like these types of patents - they aren't on an implementation but on an idea, and those are fundamentally different concepts.

      --
      "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
  19. For their own safety? by dmomo · · Score: 4, Insightful

    Perhaps, they plan on making use of online gaming with these features and they don't want someone else to patent it later, and then come asking for a handout. See also: One-Click Shopping, the hyperlink

  20. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  21. Undoubtedly by Anonymous Coward · · Score: 0

    Rashly passed, these patents will most likely be shot down once they're challenged.

  22. Prior Art by Anonymous Coward · · Score: 5, Funny

    "voice communications"

    I'm sure i remember shouting at my opponents while playing games before.

    1. Re:Prior Art by Pyperkub · · Score: 1

      For all the rest there was prior art before 1998 as well.

      I can't see any of this applying to other consoles, except to keep MS/Sony from trying to make these patent claims.

    2. Re:Prior Art by David_Bloom · · Score: 1

      release date was 9/9/99 :)

      --

      Karma: Excellent (fuck, even in the future moderation doesn't work!)
    3. Re:Prior Art by sabernet · · Score: 1

      dang^^ I guess I wasn't "thinking"

    4. Re:Prior Art by Zangief · · Score: 1

      Yeah, you remember, but DO YOU HAVE PROOF of this prior art?

      I thought so.

      Nintendo lawyers will contact you.

  23. Another Twist by blueZhift · · Score: 1, Redundant

    Can't help but wonder if Nintendo might be getting ready to open a can of lawyer sized whoop ass on their good neighbors over at Microsoft! It would seem to me that Xbox Live and Sega's earlier online Dreamcast efforts constitute prior art. IANAL (I finally get to use that!), so I could be wrong.

    Best case scenario, Nintendo is getting ready to enter online gaming in a big way and want to get their ducks in a row. If true, I think this means that Shigero Miyamoto has something ready to go online. You can bet that when Nintendo is ready to go online Miyamoto-san will be leading the way!

    1. Re:Another Twist by shawn(at)fsu · · Score: 1

      IANAL
      How about you use I didn't RTFA also. Had you read the article or even the posts you would have seen that this was filed years ago. Well before the Xbox came to the seen.

      Actually this makes me happy in a wierd way. I 'd much rather see Nintendo get this patent than Microsoft. I have no doubt in my mind that if they could have gotten this pattent they would have used it to beat up on Nintendo, just so they could get of one more player and do what they love to do in markets. Now maybe someone can do it to them.

      --
      500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
    2. Re:Another Twist by blueZhift · · Score: 1

      Actually, just missed the 1999 notation (gotta wake up!). Nevertheless, I still can't help but wonder about Sega's online efforts with the Dreamcast, which itself was released in 1999. I don't know if Sega patented anything they developed for online play though. But at the time, they did make a big deal out of Dreamcast being the first console to have online play off the shelf. They never had voice chat though.

      I'm not a huge Nintendo fan, but I would like to see them get into the online fight, just not in the slimy sue everyone else sort of way!

  24. Priority date is earlier than you think by tepples · · Score: 5, Informative

    Even as a Nintendo fanboy, I'd call this questionable given Xbox Live

    It appears you didn't read the article:

    The patent, number 6,769,989, was granted on 3 August this year, but is essentially a continuation of another Nintendo patent, 6,599,194, which was filed in April 1999.

    Which Xbox Live service are you talking about that was around before April 1999?

    1. Re:Priority date is earlier than you think by Qzukk · · Score: 5, Interesting

      The patent cited there is for a console with a harddrive, but voice services for games have been around much longer than 1999. I remember playing subspace in 97 with the ability to record and send short clips to other players, and using netmeeting to chat with friends. These days when consoles literally are just desktops, "on a console" is no more innovative than "on the internet".

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    2. Re:Priority date is earlier than you think by kid-noodle · · Score: 1

      "An existing video game system is modified to include additional communication and storage capability via a modem and hard disk drive.



      A user may also watch TV while simultaneously logging onto the Internet. A hard drive permits downloading from the Internet of entire games." I know, I read the article yesterday. Mind you, I'm by no means clear on what the conditions on prior art etc. are in the USA, but it wouldn't seem instantly reasonable to grant extension on a patent, when the preposed extension is already in existence - that patent covers a "modem", and a "hard drive", but doesn't discuss the applications of it used in Xbox Live, or covered in the newer patent, at least that I can see.

      But, as they say - IANAL.

      --
      fortune -o
    3. Re:Priority date is earlier than you think by stratjakt · · Score: 2, Informative

      The patent is for a console add-on device, specifically the mega-flop that was the 64DD.

      If that stuff is integrated into the console, the patent doesn't apply.

      No doubt they filed this to stop third parties from offering their own add-on devices, like lets say, CD-64 rom copying units.

      It's the same strategy they took with NES and SNES. They patented the "keying" mechanisms that authenticated real NES carts, and sent the hordes of lawyers after third parties who tried to release products. Game Doctor, etc..

      --
      I don't need no instructions to know how to rock!!!!
    4. Re:Priority date is earlier than you think by tepples · · Score: 1

      Is that from the abstract, which means nothing, or from the claims, which are the only things that matter in court?

    5. Re:Priority date is earlier than you think by tsm_sf · · Score: 1

      If you're using broadband, it doesn't apply. If your "console" does anything besides play games, it doesn't apply. Your XBox is safe, kiddies.

      --
      Literalism isn't a form of humor, it's you being irritating.
    6. Re:Priority date is earlier than you think by nomadicGeek · · Score: 1

      I was playing XBox Live in '99. It is seared-seared into my memory.

    7. Re:Priority date is earlier than you think by Echnin · · Score: 1

      Not prior art... The patent applies specifically for video game consoles

      --
      Lalala
    8. Re:Priority date is earlier than you think by Minna+Kirai · · Score: 1
      If you're using broadband, it doesn't apply.

      Wrong. You're acting like patents only apply if the infringer is using every single claim. In reality, they can skip parts of a patent and still be found to violate it. In the "good old days", it wasn't like this, and someone who found an equivalent system using fewer parts could usurp the first patent. But those days are gone.

      Just read the last paragraph of Nintendo's patent:

      1. While the invention has been described in connection with what is presently considered to be the most practical and preferred embodiment, it is to be understood that the invention is not to be limited to the disclosed embodiment, but on the contrary, is intended to cover various modifications and equivalent arrangements included within the spirit and scope of the appended claims.

      That's boilerplate you can find on most patents today. See how they patented the "spirt" of an product, not just one way to implement it?
    9. Re:Priority date is earlier than you think by Qzukk · · Score: 1

      And why does that matter? If I patent a hot dog, why is a hot dog on a stick so special that it deserves its own patent? By this logic I could patent the use of cars on roads with green stripes. Sure, people drive on roads all the time, but my patent is "specific". If I invent talking to another player, why is talking to another player on a video game console patentable? Especially since consoles are just special purpose computers.

      A specific case of X should never be patentable, since its a subset of whats already done. Only a more general case showing an expansion of the abilities of X into new fields or problems should be seen as "innovation".

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    10. Re:Priority date is earlier than you think by blane.bramble · · Score: 1

      Exactly - it should be the other way around - expanding an existing idea into new areas (i.e. making it less specific) might be patentable. Taking an existing idea and restricting it is nonsense.

    11. Re:Priority date is earlier than you think by mzwaterski · · Score: 0

      Your analogy is not equivalent to this subject, whether or not you could get a patent for hotdog on stick over hotdog, I'm not sure...however, the idea of playing a console game while connected to the internet, and implementing a voice communication system takes a just slightly larger inventive step. I guess an equivalent example would be: stick a phone in the side of the game console system. The fact that you are required to combine communication protocols, voice compression software, i/o communication protocols, and use them in a gameing environment does require an inventive step. Keep in mind, I'm not commenting on whether someone has already done this specific task, but voice communications in combination with a gaming console is not just a specific case of voice communications. Otherwise, you could say well communications in general is prior art for any other type of voice communications.

    12. Re:Priority date is earlier than you think by ThisIsFred · · Score: 2, Insightful

      Can we get a "Bizzarro" category for some of these patent stories? Only in such an alternate world would a patent on these things be granted. I believe voice comm was standard in Half-Life multiplayer in 1998, but please feel free to correct me on that one. Everything else is a logical extension of networked gaming since Quake came with TCP/IP support. I don't care if the patent specifies home gaming consoles. What's the difference? Both PCs and console are computers used to play games.

      There needs to be a way to challenge junk patents. The problem is that a single company can't do it alone. I think it's time to look at some type clause whereby a class of potentially effected people can challenge a patent on the grounds that the idea is obvious. We're all going to end up paying when the cost of software developers defending against this nonsense gets worked into the prices of their products. Might as well nip it in the bud.

      --
      Fred

      "A fool and his freedom are soon parted"
      -RMS
    13. Re:Priority date is earlier than you think by tsm_sf · · Score: 1

      Wow. I would have thought that if you could patent a PC with tv tuner in a little plastic box, and claim that as a unique invention, then you'd have to be pretty specific on the details. If you can patent the spirit of a product, why can't the spirit of something else be used as prior art?

      Looks like simply including an app like an email client or word processor would still get around this patent? What would be the legal difference between that and a PC?

      My head hurts now. I think I'm getting a divide-by-lawyer error.

      --
      Literalism isn't a form of humor, it's you being irritating.
    14. Re:Priority date is earlier than you think by canajin56 · · Score: 1

      Earlier than that. Rise of the Triad allowed voice communication, and it came out in December of 1994.

      --
      ASCII stupid question, get a stupid ANSI
    15. Re:Priority date is earlier than you think by Decameron81 · · Score: 2, Informative
      "... I believe voice comm was standard in Half-Life multiplayer in 1998..."


      I'm not sure about that but there's an old Mac game called Marathon which was released nearly when Doom was released that had the in-game voice communication feature.

      What's that? Like 1992?
      --
      diegoT
    16. Re:Priority date is earlier than you think by SuperRob · · Score: 1

      There's nothing bizarro about this. Nintendo has a legitimate patent here. Nintendo was doing online gaming with the NES. In fact, they mention this every single time someone asks them why they aren't doing online now. Nintendo's own "prior art" would even eclipse PC online gaming, I'm pretty sure.

      What this does is allow Nintendo to get really aggressive in defending that patent if they want to.

    17. Re:Priority date is earlier than you think by LtOcelot · · Score: 2, Insightful

      They're not patenting what they did with the NES, so what they did with the NES has no bearing on their patent's legitimacy.

    18. Re:Priority date is earlier than you think by arose · · Score: 1
      Your analogy is not equivalent to this subject, whether or not you could get a patent for hotdog on stick over hotdog, I'm not sure...however, the idea of playing a console game while connected to THE INTERNET*, and implementing a voice communication system takes a just slightly larger inventive step.
      * CAPS by me

      Now I see your point this clearly deserves a patent. /sarcasm
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    19. Re:Priority date is earlier than you think by arose · · Score: 1

      So why are there meaningles parts in a patent?!

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    20. Re:Priority date is earlier than you think by SuperRob · · Score: 1

      Of course they're not. They're patenting concept. What I was saying is that whatever prior art you might come up with, Nintendo probably has prior art of their own to beat it.

    21. Re:Priority date is earlier than you think by Anonymous Coward · · Score: 0

      No way in hell did nintendo beat the PC to online gaming. I remember BBS door games that were multiplayer back before the NES was ever invented.

    22. Re:Priority date is earlier than you think by Anonymous Coward · · Score: 0

      "It's the same strategy they took with NES and SNES. They patented the "keying" mechanisms that authenticated real NES carts, and sent the hordes of lawyers after third parties who tried to release products. Game Doctor, etc.." ..And people ask my why I hate nintendo... Here ya go!! ^^^^

    23. Re:Priority date is earlier than you think by mdarksbane · · Score: 1

      I know Marathon had live voice chat back in 1994. I'm sure there's something prior even to that.

    24. Re:Priority date is earlier than you think by DeadScreenSky · · Score: 1

      What Nintendo console fits the definition of a "home video game system with hard disk drive and Internet access capability", since that is what the patent pertains to?

      --
      There is no excellent beauty that hath not some strangeness in the proportion. -- Francis Bacon
  25. Xbox Live by SpiffyMarc · · Score: 4, Insightful

    Nintendo patents Xbox Live! Just kidding...

    The article was light on details; if you read the text of the patent (which I have not, to be sure) it's most likely describing a specific implementation, or has key features that the generic technologies being described in the early replies to this thread don't have.

    It's fun to get your panties in a knot about every patent filed by every company, but they are just trying to cover their bases. If they (companies) don't patent everything they possibly can, someone else will turn around and do it. Better to have a patent thrown out for prior art than to risk having to pay massive royalties for something that one of your engineers claims to have invented (and may in fact have.)

    So tell me, who would you rather hold the patent on these things, Microsoft or Nintendo? ;-)

    1. Re:Xbox Live by slashjames · · Score: 2, Insightful

      Forgot a third choice: Public Domain.

    2. Re:Xbox Live by SilentChris · · Score: 3, Interesting

      "So tell me, who would you rather hold the patent on these things, Microsoft or Nintendo?"

      Honestly? MS. Or MS and Sony. Nintendo has a vested interested in keeping software piracy controlled to the point that they didn't want any games online. Sure, the PR was that "no one wanted online gaming", but come on. Everyone wanted online gaming. The truth is Nintendo wanted to take every possible easy avenue away from pirates (what better way to get ISOs on an Xbox than by the network).

      Nintendo doesn't "get it". They haven't gotten it in 20 years. Their controls drive away users and piss off players who'd like to play online.

    3. Re:Xbox Live by Chibi+Merrow · · Score: 3, Informative

      Hmm okay let's see... The most recent statistics I have state the installed base for the PS2 is 70-71 million units and the XBox is 15.5 million units. The last figures I saw was that 7% of the X-Box's userbase was using Live!... Meanwhile, 3% of the PS2's userbase is using online content. (But since the PS2's installed base is 7 times that of the XBox, they're still winning. The amount of time spent playing SOCOM II outpaces XBox Live! usage by itself...)
      Now that means that 1 million people are using X-Box Live and just over two million people are using their PS2 online. These may seem like huge numbers, but they're pathetically small compared to the entirety of the market. So no, 'everyone' does not want Online gaming. The majority of gamers don't give a rat's ass about online gaming for this generation. That may change in the next generation, but since no one knows what the capabilities of everyone's next console is we have no way of knowing how seriously each company is taking it. A few rabid fanboys and early adopters do not market forces make.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    4. Re:Xbox Live by Anonymous Coward · · Score: 0

      neither... all these patents are BS
      The patent system is clearly broken, at least its recent application to modern electronic technologies... it is no longer promoting the increase of invention, but instead stifling it.

    5. Re:Xbox Live by DeadScreenSky · · Score: 1

      Your numbers say that there are literally millions of gamers who want online play. While you are certainly correct that not every gamer wants it, any company that would intentionally ignore that large of an audience, with no real benefit by doing so, is just stupid and/or stubborn. The two companies that are at least attempting to satisfy every segment of the gaming market are the two most successful console-makers right now - that isn't a coincidence.

      (And that is ignoring the whole network effects that internet gaming causes, which are very beneficial for console sales. Xbox Live users buy more Xbox games than your average person. They see and hear that their friends are really enjoying a game they don't have. That is the best advertising you can get!)

      --
      There is no excellent beauty that hath not some strangeness in the proportion. -- Francis Bacon
    6. Re:Xbox Live by Chibi+Merrow · · Score: 1
      Your numbers say that there are literally millions of gamers who want online play.

      And there are literally hundreds of millions of gamers who don't fscking care. This is not the generation of online console dominance. It's still a niche market. With broadband penetration breaking 50% in the US this year, I expect that the true online revolution will hit us in the next generation.

      any company that would intentionally ignore that large of an audience... is just stupid and/or stubborn.

      No, that company is neither stupid nor stubborn when they realize those wanting online gaming do not represent their core market, and also represent a population already well served and loyal to their competitor's offerings. Such a company only stands to lose significant money and face by pushing a competing online offering this late in the game. Better to try and perfect their own version for the next generation than launch a failure in this one. Besides that, even if Nintendo managed to get 7% penetration of an online service in their installed base (which is completely unlikely), that would still only net them right about 1 million users. The investment wouldn't pay off. It just doesn't make business sense.

      two most successful console-makers right now

      That depends on how you define success. If you define it by installed base or units shipped, yes, you'd be right. However, if you define it from any *sensible* business point of view, (ie: profit) then Nintendo is far and away the most successful console maker. They're the only one of the big three to report consistent profits in their gaming division the past couple of years. Microsoft can't even SEE profits from where they are, considering they essentially give away their system in hope of building market share. Sales do not equal profits; especially of consoles. Every console manufacturer (except maybe Nintendo, no one's sure about them) sells their consoles at a loss. It's called a loss leader. The hope is that you'll buy enough games for them to make up in licensing what they lost in giving you the hardware.

      In the end, no matter how much you try to make it otherwise, you are for the time being irrelevent. Online gaming is not a force in the market in this generation that will decide the fates of companies and that's not going to change. Sony and Microsoft can run themselves into the hole trying to compete for the online market, and Nintendo can learn from their mistakes and show up with a winning service in the next generation. Don't think it can happen? Take a look at what Gamespy did to MPlayer and Kali sometime.

      We'll see what the market looks like four years from now. *shrug*

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
  26. These are N64 DD patents by Galaga88 · · Score: 1

    These patents all stem from patents for the N64DD, the hard disk add-on for the Nintendo 64 that was only released in Japan. (And for good reason. It flopped.)

    Whether or not Nintendo will attempt to use them to lock out current competition is another question.

    1. Re:These are N64 DD patents by popcultureicon · · Score: 1

      yeah, here's a link to a gamespot article trying to clear up the confusion. These are not patents for a next generation Nintendo console, but old patents that have finally be granted many years after originally being submitted.

    2. Re:These are N64 DD patents by Rude+Turnip · · Score: 1

      "...(And for good reason. It flopped.)..."

      I just did a search on Google to learn more about the 64DD. They sure do flop!

  27. All for Bill by EddieBurkett · · Score: 1

    They're just doing this to so Yamauchi can drive up the price for Gates.

    --
    The only thing I hate more than hypocrites are people who hate hypocrites.
  28. lawyers at it again by duranaki · · Score: 1

    It seems the government has decided to fight unemployment by creating more jobs for lawyers... pathetic. Since when is a game console anything more than a computer with a funky input device? I thought patents were to protect things you invented, not things you stole.

  29. What waffle. by tod_miller · · Score: 1, Interesting


    League tables: Since Quake 1 (various) Barrysworld
    Voice communication: Counter strike (et al)
    Online game host services: GameSpy, Barrysworld

    I am suprised they haven't patented online console credit card authorization or advertising, or just the Internet.

    What kind of low life scum work at the USPO? (unless this ain't a US patent, I mean, it is Nintendo...) What kind of people have never played an online game, and couldn't see this for what it was?

    'Home Game Video Systems' can mean anything from you mobile phone to your fridge is you are lucky enough to have a posh one.

    The best thing we can do is uphold all these daft patents until the world demises into primordial soup again, then find the random protein like structures who think patent system abuse is a good idea, and throw them away from the lightening strike area, so they evolve into fish, and have little influence in modern day computing.

    Of course, this all lends weight to the theory of Evolution... :-)

    --
    #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
    1. Re:What waffle. by whodunnit · · Score: 1

      Not that I really agree with this patent, or patents in general. But in argueing them could you at least read what you are argueing aginst first? It clearly states in the patent that this only applies to consoles, yet every example of prior art you mentioned in your comment relate to PC gameing which does not fall under the previously stated realm.

      whodunnit.

    2. Re:What waffle. by tod_miller · · Score: 1

      I thought I made a point about classifying a console. (something about a fridge?) Then all Sony have to do is call their next games machine a 'potato' and it doesn't apply to them?

      --
      #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
    3. Re:What waffle. by Anonymous Coward · · Score: 0

      Ahha, so if I make a computer, attach a game contoller, ship it with a custom gamer-orientated OS and call it a "gamers-pc" this patent doesn't apply?

      Thanks for clearing that one up, I was wondering!

    4. Re:What waffle. by Anonymous Coward · · Score: 0

      Then it should be disqualified under the Nonobviousness Requirement... since consoles are hardly more than limited/specific use PCs, extending those innovations to a console from a PC seems like quite an obvious step.

    5. Re:What waffle. by Man+in+Spandex · · Score: 1

      must be hard to read even the title of the article which contains the word "Console".

      Today, we know that console means the box that's hooked to your television with controllers and maybe other equip. Mentionnning PC elements such as gamespy acarade service or counter-strike is kinda redundant.

      I'm sure some of you noticed that consoles don't have much innovation when you look at what your PC has. All those things Nintendo patented appeared in the past on the personal computer.

      Consoles used to be purely about gaming. Now it's about gaming AND being an entertainment system offering features for the whole family such as DVD player.

  30. not really by cccpkgb · · Score: 1

    it makes you wonder if this is the first step for Nintendo to become a major player in the online gaming market

    More like the first step in becoming a major patent whore.

  31. Yes, but before XBL... by Iscariot_ · · Score: 5, Informative

    Yes, but before Xbox Live there was this:

    http://www.megspace.com/entertainment/neskingdom/s pecial/lottery/

    As far as I know it was indeed the first online capable console. There were quite a few games for it, only in Japan, like a special version of Zelda.

    1. Re:Yes, but before XBL... by DaHat · · Score: 1

      My hat goes off to you sir!

      With all of the screaming I'm reading here, claiming that the X-Box live system is prior art... seeing prior art predating the patent application by eight years is impressive... more so when that prior art is from the applying company.

      It will be interesting to see what they do with this patent.

    2. Re:Yes, but before XBL... by Anonymous Coward · · Score: 0

      Where in that systems was voice communication, league standings, etc. All that was was online gaming. That is not what the patent is about.

  32. Back further... by Thedalek · · Score: 4, Informative

    Actually, way back when, there was this thing called an X-Band modem, and was available for both the Sega Genesis and Super NES. Using it, you could play multiplayer games over a dialup connection, and even rent and download games to your console (supposedly).

    I believe that this predated even the Japanese BS-X (Stellaview) system, but I could easily be wrong on that point.

    --
    Happiness is relative, Based upon the way we live.
    1. Re:Back further... by Mitleid · · Score: 1

      The first thing that popped into my head when I thought prior art was also the X-Band, but now that I think about it there is something pre-dating even THAT I believe. I think there was a console system released back in the 80's, I think ATARI2600-generation (I'm not exactly sure; ATARI was before my time. I'm 23...). Anyways, I can't remember exactly what it was called nor where the hell I read about it, so I have no idea on what the hell to do a search for any information, but if anyone knows what the hell I'm talking about then it'd be interesting to take a look at. Then again, now that I think about it I believe the system was only 1-on-1 via a modem, so depending on whether or not Nintendo is trying to patent online gaming in general or an online gaming "hub" it would only apply accordingly.

      --

      --
      Is it me, or did it just get fatter in here?
    2. Re:Back further... by snuf23 · · Score: 1

      There was a service for the Atari 2600 called CVC Gameline which allowed you to download games to the Atari via a 1200 baud modem. I don't believe it actually allowed for competitive play against people in other locations however. It was simply a pay to play on demand system.

      --
      Sometimes my arms bend back.
  33. sweet music to my ears by Anonymous Coward · · Score: 0

    hahaha, of all the consoles to get these patents. :)

    Seriously, I really do hope that the next nintendo console will use all of these features. Right now I've got into xbox live! and have been lovin' it for a while, but if nintendo had the same setup I probably would never have bought an xbox. Maybe I won't need an xbox 2!

    As for all the prior art, who gives a crap, microsoft has filed all types of controversial patents in the past, this is just Nintendo's turn.

  34. Rumors and Poker by artlu · · Score: 2, Interesting

    I heard a rumor awhile back about Microsoft purchasing Nintendo, does anyone have any links relating to this?

    Also, their patent is for "league gaming" et al., and it may be possible to apply that methodology to online poker rooms. Is it possible that the patents will cover certain types of online gambling as well as actual games?

    --
    -------
    artlu.net
    1. Re:Rumors and Poker by dfj225 · · Score: 2, Informative

      What I have heard is that Bill Gates has said on a few occasions that if he were to get in contact with Nintendo he would immediately offer to buy them. I think Nintendo is a company that MS would like to own. In fact I think they made a bid for Nintendo and Sega when they were first creating the Xbox. At this point, it just seems like the offer is always there is Nintendo is willing to take it.

      --
      SIGFAULT
    2. Re:Rumors and Poker by lspd · · Score: 1

      Is it possible that the patents will cover certain types of online gambling as well as actual games?

      If it does, then there is plenty of prior art. The slightest expansion of the scope of the patent makes it invalid. If "home video game system with a hard disk drive" == "desktop computer", then there is prior art on every aspect mentioned in the article.

      What's funny is that the USPTO would allow a patent that depends on "home video game system with a hard disk drive" != "desktop computer".

      I guess everyone needs to rush out and patent every bit of computer tech + console system. CF Card reader in a console, Printer attached to console, PDA syncing with console, console with RAID drives, GIF images on a console, video streaming on a console, doing taxes on a console, etc..etc..etc...

    3. Re:Rumors and Poker by Anonymous Coward · · Score: 0

      Stop spreading groupshares spam.

  35. Glimpse of N5 by News+for+nerds · · Score: 1

    The two patents detail a "home video game system with hard disk drive and Internet access capability"

    Is this the Revolution for the Big N?

    1. Re:Glimpse of N5 by quasipunk+guy · · Score: 1

      Don't be an idiot. The patent is for the 64DD.

  36. Too Little, Too Late This Generation by Medusian · · Score: 1

    Nintendo has repeatedly proclaimed throughout the life of the GC that online strategy was not their focus and that online gaming was not a necessary component to their success. They have toted connectivity (GBA-GC, GBA Player etc.) over connections and it is only now, as the product cycles for the current console generation wind down, that they are realizing what a mistake they have made.
    Dont get me wrong, Nintendo's connectivity features are interesting and have done some cool things for marketing (FF: CC for example) but their origional strategy of shying away from the online marketplace because of its lack of testing and proven track record have only served to cripple them this generation.
    The patents themselves are retarded, that much is obvious, but I say look beyond the patent to what it signifies for the company; and that, I believe, is a strong online presence in the next generation of consoles.

    1. Re:Too Little, Too Late This Generation by MayonakaHa · · Score: 1

      RTFA. They did this in 1999 when they were planning the 64DD. It has nothing to do with the GameCube. I just hope they don't go lawyer crazy like everyone and their neighbors dog when they get patents on current tech.

  37. Major player? Don't count on it! by TrollBridge · · Score: 1, Flamebait
    "..if this is the first step for Nintendo to become a major player in the online gaming market."

    Doubtful. Nintendo's initial success came from good, fun games. I suspect they are abandoning their "quality product" business strategy in favor of "restrictive technology".

    --
    There's a Mercedes gap too. I want one and can't afford one, but it's not government's job to do anything about it.
  38. YABP (Yet another bolloxy patent) by JaredOfEuropa · · Score: 2, Insightful
    As the article states
    All of these components are well-established elements of modern online gaming, and have been available for PCs for some time. Nintendo's patents focus on "home game video systems"
    So how come this patent was awarded? There is no new technology or even new functionality introduced here: it's all existing stuff, done on existing technology... except that Ninento have made a somewhat narrower definition of their platform: "home game video systems". Does that mean that I can patent the same things for "coin-op/web cafe game video systems?".

    This is just another one of those patents on existing and obvious functionality, but in a slightly different environment/platform. Nothing new is invented here; it is only marginally more creative than all those patents for "Obvious and millennia-old activity X.... on the Internet"
    --
    If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  39. console/PC by drakyri · · Score: 2, Insightful

    Since Nintendo's patents are specific to gaming consoles, the PTO probably ignored prior art from computers. However, I think that as consoles get more and more complex, there are increasing similarities to computers ... consoles can be used for web browsing and other PC-like features. The market seems to be moving towards having one big comprehensive system - a box that serves as a computer, TV, gaming console and stereo. What will happen to all of these patents when we get there?

    1. Re:console/PC by arose · · Score: 1

      When have consoles have not been computers? In the days of Pong? Just because layman think that "home video game systems" are something different than "personal computers" doesn't mean it is.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
  40. 64DD by forensick · · Score: 5, Informative

    Not to be a spoilsport, but this news is a week old and ign and gamespot confirmed a couple days ago that it was just an "add-on" patent for the 64DD so it has nothing to do with future consoles. Unless the Revolution is going to have the 64DD attached to it, but then I would just be confused.

    1. Re:64DD by stylee · · Score: 1

      I doubt that. I read the articles from Gamespot and IGN. Basically, they said that a nintendo rep confirmed that the patent was for a N64DD add on. But if you read the actual patent it is very broad and specifically states that the N644DD system was an example implementation and the technology could be used on any existing gaming system and doesn't have to be an add on. I think that Nintendo is keeping their cards close to their chest on this. I think that Gamepot and IGN dropped the ball. They should have read the patent closer and asked Nintendo some specifc questions.

      --
      I swear PowerPoint is going to be the downfall of higher education in western society.
  41. Filed in 1999, by tod_miller · · Score: 1

    "the first filing date, in this case April 1999"

    I am pretty sure the concept of playing games online was well established in 1999, even voice (on lan gaming).

    So how does this even have a chance, other than to say, look, it'll cost you either way.

    Microsoft are filing 3000 patents a Year, that is 8.21 a day, and each one can take MONTHS to work over. How big is the patent office?

    Perhaps the patent office should have a commitee of representative consumers who can veto patents?

    --
    #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
    1. Re:Filed in 1999, by Flyboy+Connor · · Score: 1
      Microsoft are filing 3000 patents a Year, that is 8.21 a day, and each one can take MONTHS to work over.

      As I understand it, it takes a period of months to come to a judgement on a patent application, but it only takes the USPTO a day or two of actual work for each patent.

      Actually, since they grant ridiculous patents, perhaps they really need a few months to get their knowledge up-to-date.

  42. Nintendo Online by kaleco · · Score: 2
    It will be interesting to see what Nintendo have up their sleeves. I'm not quite ready to attribute this action to desperation, since they are the one console manufacturer which has been quite behind on the online gaming front.

    Ah well, time will tell.

    --
    Prosperity is only an instrument to be used, not a deity to be worshipped. Calvin Coolidge
  43. *Woop! Woop!* Prior Art Alert! by TrollBridge · · Score: 0, Redundant
    "Specifically, it has received patents on things such as player league tables, voice communications and online gaming host services."

    I suspect that Microsoft will have something to say about all this. Can you say "X-Box Live"? Hell, it even came with the damn McDonald's drive-thru headset! How can Nintendo claim no prior art?

    --
    There's a Mercedes gap too. I want one and can't afford one, but it's not government's job to do anything about it.
  44. N64 DD by CommanderData · · Score: 2, Informative

    Technically, Nintendo has done most of this stuff first with it's miserable failure, the N64 64DD accessory which was released in Japan in 1999. It wasn't a hard drive, but it was read/write storage on a spinning disc in 1999. It also included a modem to access an online service (In Japan). Not many were produced or sold. This device gives muscle behind the original 1999 filing, but not the ammendments.

    Everything you wanted to know about the 64DD...

    --
    Urge to post... fading... fading... RISING!... fading... fading... gone.
    1. Re:N64 DD by Phisbut · · Score: 1
      It wasn't a hard drive, but it was read/write storage on a spinning disc in 1999

      What is a hard drive if it is not a read/write storage on a spinning disc?!?

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    2. Re:N64 DD by CommanderData · · Score: 1

      Well, you got me there. However, if you looked at the link I posted it explains that the 64DD used little removable media cartidges with a disk inside of them. Think something like a zip disk. You would not call a removable media based system a hard drive would you?

      --
      Urge to post... fading... fading... RISING!... fading... fading... gone.
    3. Re:N64 DD by Phisbut · · Score: 1
      You would not call a removable media based system a hard drive would you?

      Yes, I would.

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    4. Re:N64 DD by CommanderData · · Score: 1

      What you show as an example IS a hard drive, just placed in a caddy and slotted into a container with connections and power supply. The hard drive in the caddy is the same as any other you would buy, and includes its own motor, memory buffer, and electronics.

      The 64DD is a drive mechanism which you insert media into, like a floppy drive, zip disk, or CD/DVD. The media has no motor or electronics built in. So therefore, I call your example a hard drive, but the 64DD was definitely NOT a hard drive.

      --
      Urge to post... fading... fading... RISING!... fading... fading... gone.
  45. Uh, sorry, can't patent that... by Anonymous Coward · · Score: 0

    Socom II, anyone? Already used voice technology long before Nintendo.

    Nintendo doesn't even fucking HAVE online games!!! Phantasy Star online is the only one, I think. Maybe the Tony Hawk games, but I'd be HIGHLY surprised if they had online play since it's not popular w/ the GC.

    What a joke. I should patent breathing.

  46. Not even the USPTO would grant this patent by tepples · · Score: 2, Insightful

    Dang. The USPTO examiners would have to smoke something really good to grant this. Most of the claims of Sony's patent application look like any other triangle filler. The only difference between claim 1 and the prior art is "at least 16 pixels per clock cycle," which is no different from patenting a car that can move "at least 100 miles per hour."

    1. Re:Not even the USPTO would grant this patent by gorbachev · · Score: 1

      They don't know what pixel, clock cycle, graphics processor or any of that shit means. Why wouldn't they grant the patent?

      --
      In Soviet Russia, I ruled you
    2. Re:Not even the USPTO would grant this patent by kryptkpr · · Score: 1

      I was under the impression patent examiners had to be in the know about the subject they're granting patents on.. The dude granting pharamaceutical patents isn't the same dude granting patents on video cards. I just hope they do some (minimal) research, which should show the patent is bullshit.

      --
      DJ kRYPT's Free MP3s!
  47. Mario is rolling over in his grave.... by FerretFrottage · · Score: 1

    after all that trouble he went through to save the princess (and still not get any)...he now looks down from the clouds he leaps across only to see his parent Nintendo give birth to a new set of twins: "The Lawyer Brothers"

    --
    "Look Lois, the two symbols of the Republican Party: an elephant, and a fat white guy who is threatened by change."
  48. Exactly my first thought ... by gstoddart · · Score: 1

    Since those are already in place.

    But my other question is in exactly what way does the progression of

    o Console games
    o PC games
    o Internet
    o Internet PC games
    o Internet console games

    Not completely obviate the patent?

    I mean, the current trend is to make everything connected to the internet. I completely fail to see how hooking the 'net up to a new device is patentable.

    Can I file a patent to make a watch internet enabled? What about my coffee cup? My pen?

    At what point does the obvious application of wide-spread technology to Yet Another Device (tm) not become silly.

    Unfortunately the patent system has become completely broken, and with US IP laws being foisted on the rest of the world, soon you won't be able to piss in a bucket without someone saying they patented it an you owe them royalties.

    --
    Lost at C:>. Found at C.
  49. Worthless Patents by Anonymous Coward · · Score: 0

    My understanding of the patent system is that you can almost always get a patent if you make the patent claim specific enough. This however results in a mostly worthless patent because anyone looking to avoid violating the patent only needs to change one aspect slightly. They probably only filed to prevent some other companies from providing exactly the same service.

    For example, if I get a patent on 3 inch high boots with yellow shoelaces, all my opponent need do is make them 3.1 or gold shoelaces. Off-topic, does anyone want to buy some boots?

  50. Yes, it is obvious... by Anonymous Coward · · Score: 1, Insightful

    Of course, the USPTO's motto has recently been "Let the courts sort it out." The patent law doesn't contain a clause that says essentially, "If you change one component for a component of similar functionality; you don't receive a new patent." This ommission has allowed all sorts of really obvious patents, like Microsoft's ClearType, to be passed without a peep from the USPTO.

    Now, that's not to say that the universe isn't without balance. US jurisprudence contains many rules composed from judgements that have the force of precedent and not law. One of these is that one cannot make a change of a single component and automatically recieve a new patent. The analogy at the court level is "you cannot change a steel screw for a brass screw and screw your competitors with a new patent."

    Now, whether a console is sufficiently different from the underpowered PCs of yesteryear, on which the patented technology was first reduced to art, is another question entirely. Regardless, this question is not a question the USPTO typically undertakes, but rather they defer to the courts. However, first the patent must go under the scrutiny of the courts and well... Anyone think that will happen soon? Anyone? Anyone?

    IANAL, IAALS

    1. Re:Yes, it is obvious... by Anonymous Coward · · Score: 0

      Our government is formed on the idea of checks and balances. The USPTO does not have the time nor resources to investigate every possible prior art on everyone of the thousands of applications that come in every year. It can be argued whether they make even a reasonable attempt but the idea of "let the courts sort it out" is not really a bad thing.

  51. Patents always been part of Nintendo business by xtermin8 · · Score: 3, Interesting

    Nintendo began as a company making playing card decks, and protecting its brand ferociously. When it went into electronics, making cheap knockoffs was rampant throughout Asia. Their protectionist strategy backfired in getting a library of games to compete with Sony and MS, but Nintendo always has and will continue to feircely protect its intellectual properties.

  52. This is a patent for the Nintendo 64 disk drive by mcc · · Score: 4, Informative
    This is a patent for the Nintendo 64 Disk Drive. I repeat: This is a patent for the Nintendo 64 Disk Drive. This is not a patent on online gaming. This is a patent on one specific product, one component of which happens to be online gaming. That product was a peripheral for the Nintendo 64.

    Here is a link I got off the Penny Arcade message boards wherein Nintendo confirms this:
    Nintendo reps contacted by GameSpot confirmed the patent was indeed for the 64DD and not for a new console.
    Of course, it's too late; the slashdot blurb has done its damage and this story will likely be filled with nothing but alternating "OMFG THE REVOLUTION" and "they patented the internet!" comments. But, if you were curious, this is what is actually happening here.
    1. Re:This is a patent for the Nintendo 64 disk drive by stubear · · Score: 3, Informative

      According to The Register article (I know, they have trouble with facts) patents can be extended in scope from their original filing date so all new additions are patented from that date. From teh article, "Patents can be modified to add new elements, and technology companies frequently amend existing intellectual property with new, related ideas - which then apply from the first filing date, in this case April 1999, long before last year's introduction by Microsoft of Xbox Live, its console-oriented online gaming and information service, and which also offers voice chat facilities."

      Now I question if this is really true or not and if so to what extent it is true. Surely there are mechanisms in place to limit how much one can add and if one can patent something through an addition to the original patent already in the marketplace and still be granted protection from the original patent application date. The Register article was light on these details.

    2. Re:This is a patent for the Nintendo 64 disk drive by stratjakt · · Score: 1

      And know why they filed it? To stop third party addons like CD64 or DR64, or others. Just like they patented NES cartridge keying, and used the patents as a club against things like unlicensed third party games and Game Doctor.

      This is slashdot, let 'em overreact. It's funny to watch. "OMFG they patented teh online gaming!" "Nintendo are greedy assholes, thats why I'm buying teh Sonly Praystration!" Heh.

      Get a brain, morans!

      --
      I don't need no instructions to know how to rock!!!!
    3. Re:This is a patent for the Nintendo 64 disk drive by stratjakt · · Score: 1

      It's not true, not in the way the Register suggests.

      Say I have an patent from 1970. I can't "extend" it and tack on TCP/IP and then claim I have a patent on the internet.

      The Register suggests that Nintendo looked at Xbox live, rubbed their little hands together, and tacked it onto an old patent in some evil world domination scheme. Which isn't true. They patented a specific device, and amended it to more accurately reflect the technical details of that specific device.

      --
      I don't need no instructions to know how to rock!!!!
    4. Re:This is a patent for the Nintendo 64 disk drive by stubear · · Score: 1

      That was my thinking. Someone else on the board brought up another analogy with steel screws. You can't tack-on brass screws to this patent just to screw (no pun inended) competition that decided to use brass instead of steel. However, if you had a patent from 1970 it would not matter as it would have expired almost 15 years ago :)

    5. Re:This is a patent for the Nintendo 64 disk drive by Tairnyn · · Score: 2, Funny

      Thanks for clarifying that for the jumpy patent bashers. A glimpse of sanity in an otherwise insane, yet surprisingly SNAFU, Slashdot story. Anyone who took a second to RTFP would realize that they weren't patenting 'online console gaming'.. the description is pretty specific reagrding the technology, actually. Slashdot: Hype for Nerds, Exaggeration that Matters

      --
      "Don't waste your time or time will waste you" -MUSE
    6. Re:This is a patent for the Nintendo 64 disk drive by Anonymous Coward · · Score: 0

      What?!? They pateneted the ***INTERNET***!!! Those bastards!!! TO ARMS!!! TO ARRRRMS!!!

    7. Re:This is a patent for the Nintendo 64 disk drive by Anonymous Coward · · Score: 0

      Of course, it's too late; the slashdot blurb has done its damage and this story will likely be filled with nothing but alternating "OMFG THE REVOLUTION" and "they patented the internet!" comments.

      yep, you are right about folks going gung-ho about this patent. "Look Ma, They got a Online Gaming patent!!"
      well, if you RTFA at the Register, it is really very low on details. thats probably why it tends to mislead people.....

      And given that most of the crowd dont even RTFA (what's new here?), who would want to figure this one out any further by looking up on GameSpot or for that matter on the USPTO?

    8. Re:This is a patent for the Nintendo 64 disk drive by Minna+Kirai · · Score: 1
      stratjakt:
      1. They patented a specific device, and amended it to more accurately reflect the technical details of that specific device.

      Nintendo patent:
      1. While the invention has been described in connection with what is presently considered to be the most practical and preferred embodiment, it is to be understood that the invention is not to be limited to the disclosed embodiment, but on the contrary, is intended to cover various modifications and equivalent arrangements included within the spirit and scope of the appended claims.

      Minna Kirai:
      1. RTFA
    9. Re:This is a patent for the Nintendo 64 disk drive by stratjakt · · Score: 1

      How is that different from what I said?

      While the invention has been described in connection with what is presently considered to be the most practical and preferred embodiment

      I read "this patent describes the gizmo we've built so far"

      it is to be understood that the invention is not to be limited to the disclosed embodiment, but on the contrary, is intended to cover various modifications and equivalent arrangements included within the spirit and scope of the appended claims.

      We might add some really cool stuff to aforementioned prototype gizmo, and if we do we reserve the right to append that stuff onto the patent.

      Like I said, it's not some sneaky trick. Gizmo Alpha 1 had wheels with locked axles, Gizmo Alpha 2 had independant pausi-traction.

      --
      I don't need no instructions to know how to rock!!!!
    10. Re:This is a patent for the Nintendo 64 disk drive by Minna+Kirai · · Score: 1

      How is that different from what I said?

      You said "they patented a specific [limited] device". Nintendo said "the invention is not to be limited".

      Those two phrases are opposites. That means they're different.

    11. Re:This is a patent for the Nintendo 64 disk drive by Cecil · · Score: 1

      Say I have an patent from 1970. I can't "extend" it and tack on TCP/IP and then claim I have a patent on the internet.

      Oh, but you can!

      Not as effectively anymore after a change to the law in 2003, but you still can do it as described. File a patent, keep amending with slightly more detail it to force continuations, and stop amending it once you're happy that existing tech falls under your heavily amended patent.

    12. Re:This is a patent for the Nintendo 64 disk drive by kansas1051 · · Score: 1
      This is a patent for the Nintendo 64 Disk Drive

      You are absolutley correct. The title of the patent in question (U.S. Pat. No. 6,769,989) is "Home video game system with hard disk drive and internet access capability". Claim 1 of the '989 patent, which appears to be the broadest in scope, is:

      1. A home video game system for executing video game programs and for generating game play graphics in response to player controller control signals generated by a player operating a player controller for display on a television, said home video game system including a removable memory insertion port for receiving a removable memory storing video game program instructions, comprising:

      a game processing system including a main processor, operatively coupled to receive video game instructions from said removable memory when inserted into the removable memory insertion port for executing a video game program, and a graphics coprocessor for processing graphics information under control of said main processor, and being responsive to said player controller control signal for generating game play graphics for display on a television;

      communications circuitry, coupled in use to said game processing system and to a user's communications network, for linking said game processing system to the Internet and permitting communication from the player to another party over the Internet;

      a writeable mass storage device coupled in use to said game processing system for receiving information downloaded from the Internet; and

      cryptographic processing circuitry, coupled to said mass storage device, for decrypting at least some of said information downloaded from the Internet.

      This appears to be a somewhat narrow claim (remember: to infringe all elements of the above claim must be present in an acussed device). Although most of the elements seem conventional with the exception of the crytpographic processing circuitry.

  53. Seperate Device by Student_Tech · · Score: 3, Informative
    Skimming the claims on the Patent Application there are lots of references to the communications and mass storage being in a seperate device, claim 3:

    3. A home video game system according to claim 1, wherein said communications circuitry and said mass storage device are housed in an expansion device and said video game processing system is housed in a separate video game console which is coupled to said expansion device.

    So I don't think XBox would have any problems (its network and hard drive aren't expansion), but the PS2 might be(Network adapter is attached to back of unit, but the hard drive does sit within the PS2, just connected to network adapter)

    But what do I know, I am NAL.
  54. Re:I RTFA, and a summery... by slashjames · · Score: 1

    Except, when you include the PC stuff, it becomes an obvious extension of stuff that has existed for PCs for several years. As an example: Battle.net from Blizzard. (Let's take this obvious idea, add the phrase "on (the Internet|a computer|a gaming console)", and get a patent!)

  55. Start with... ANYTHING online by Piic · · Score: 1

    I'd say their first step might have been to actually make some sort of presence online in the first place! I remember having discussions at the GDC [www.gdconf.com] with a guy from Nintendo who said they had a modem for the 'Cube ready to go, but weren't likely to release it unless "they needed to".

    Bottom line is why patent something you don't even seem intent to use (yet, I guess.) I know, I know... forward thinking and all that, but this is not a company known for their strides in online goodies, from what I recall.

    --
    PointlessGames.com -- Go waste some time.
    MassMOG.com -- Visit the site; Use the word.
    1. Re:Start with... ANYTHING online by adzoox · · Score: 1

      Who says they aren't going to "use the patent"?

      They may actually be planning to litigate to delay the competition.

      I hate to sound like the typical Apple Basher - but once the PSP comes out and has a healthy list of titles, Nintendo is dead - their new DS is ugly and doesn't do half of the PSP. It's only lead at the moment is base and game selection.

      --
      Yell & scream & rant & rave... it's no use... you need a shaaaave ~ Bugs Bunny
    2. Re:Start with... ANYTHING online by stratjakt · · Score: 1

      It's only lead at the moment is base and game selection.

      Heh, what else does it need?

      Gameboy has crushed many technically superior competitors. Lynx, GameGear, Nomad, TGXpress, NeoGeo Pocket Color, uber PC like high powered mega PDAs.

      PSP with it's disc-based media sounds like something that skips if you're trying to play on the bus, and would drain batteries like a mofo. We'll see.

      Besides, will PSP have Pokemon? That series has sold more gameboys than anything else. Will it have Mario, Zelda, Metroid?

      There's plenty of legs in N's stable of exclusives. And frankly, they put out incredibly well-polished titles.

      They may slip to #2, but I don't think it's time for Netcraft to confirm their death yet.

      --
      I don't need no instructions to know how to rock!!!!
  56. How about a less paranoid article? by stratjakt · · Score: 2, Interesting

    Gamesindustry.biz has a long write up.

    This patent was about the 64DD add-on device..

    US patent 6,769,989, which was granted on the 3rd of August, refers to a console add-on device which would modify an existing system to include "additional communication and storage capability via a modem and hard disk drive."

    blah blah blah

    However, despite only being granted this month, the original patent was actually filed back in 1999, and the picture attached to the patent clearly displays a 64DD unit attached to an N64. The ill-fated peripheral offered many of the functions described by the patent, but was unpopular with consumers and was rapidly discontinued by Nintendo.

    blah blah blah

    This isn't to say that some of that functionality won't make it into Revolution, although in general Nintendo has aimed for pure game devices rather than trying to compete with Sony's vision for building a home media empire based on the PlayStation brand.

    Sure they got the patent, it doesn't fit with their plans. And since the patent is for a CONSOLE ADD ON DEVICE, it doesn't apply to XBox or PCs, which have hard drives and ethernet integrated. Like the article said, it really doesn't fit with Nintendo's plans whatsoever.

    Did you know Konami has more video game patents than anyone else? Makes sense, with all their specialty arcade hardware. Followed by Sega, then Ninteno.. MSFT is wayyyyy down near the bottom of the list, lower than folks like Tiger Electronics (game.com roxorz!) Just something interesting I stumbled over while googling for that link. Pretty much irrelevant and offtopic, though.

    --
    I don't need no instructions to know how to rock!!!!
    1. Re:How about a less paranoid article? by boarder · · Score: 1

      since the patent is for a CONSOLE ADD ON DEVICE, it doesn't apply to XBox or PCs

      Well, that was just their example setup. If you read the actual patent, it makes sure to state that it doesn't have to be an add on device. This means that XBox might fall under the patent (that's for the courts to decide). PCs wouldn't because they aren't consoles.

      I don't think Nintendo would try to go after MS, but who knows... they are probably just preparing to enter the market and need to protect themselves.

      --
      IANAL, but I play one on /.
  57. "It's ok, they never used patents aggressively" by finkployd · · Score: 3, Interesting

    Dammit people, stop thinking like that. I hear it all the time with regards to Microsoft, IBM, Nintendo, pretty much any huge company that has a patent portfolio.

    Yes, you are right they have never used them aggressively, it has always been a "defense" war-chest.

    Have you ever heard of an "end game"?

    Look at SCO, they never used their supposed ownership of Unix aggressively either right? Ooops, they never did until they became completely irrelevant and and felt the need to do something, ANYTHING to resurrect their failed business.

    So what happens when (not if) Nintendo, IBM, Microsoft, et al, being to lose significant marketshare? When (either due to competition, crappy economy, whatever) these companies begin the inevitable fall from grace that every company in history eventually has done? When the stockholders demand profit and actions to be taken to get that profit? It will be fiscially irresponsible (and almost criminal) for the management NOT to use their patent portfolio aggressively to regain profit. If they won't the stockholders will oust them and bring in attack dogs who will.

    It is almost inevitable that these patents WILL be used aggressively. It is just a matter of time. Consider it corporate insurance that you will never lose your position in the computer industry.

    Or look at it another way, consider it insurance that Microsoft and IBM will never be made irrelevent by Open Source, as soon as it gets too popular, it will be litigated away. If the PS2 and X-Box take away too much of Nintendo's market, they will be ligitated into effectively paying Nintendo (licensing fees) for the market-share they took.

    Finkployd

    1. Re:"It's ok, they never used patents aggressively" by jimicus · · Score: 2, Insightful

      Or look at it another way, consider it insurance that Microsoft and IBM will never be made irrelevent by Open Source, as soon as it gets too popular, it will be litigated away.

      Quite possibly true with Microsoft, but I would disagree with that statement as applied to IBM (or for that matter any major IT service-oriented company).

      The logic being: most IT service/solution oriented companies make their money from support contracts. IBM, Sun, Novell - they all do it. A proper support contract with something like "4 hour response/8 hour fix, 24x365" does Not Come Cheap.

      For them, software development is a cost centre rather than a profit centre. If that software development can be partly "outsourced" by open sourcing it and keeping a smaller team of programmers onboard, wonderful! Costs significantly reduced, the main source of income (support contracts) remains more-or-less intact.

      True, someone else can offer support for it. But that's already been going on for years - why should it have any significant impact now?

    2. Re:"It's ok, they never used patents aggressively" by donutello · · Score: 1

      Or look at it this way. With the way the Patent office has been behaving and with examples like the Eolas case, it would be downright irresponsible for any company to NOT obtain a patent for anything they were doing. Otherwise they risk getting sued and even when the patent is bogus, it still costs a lot of money to fight it.

      Companies who don't grab up all the patents they can risk being litigated out of business.

      Your beef is with the USPTO and those companies that actually sue based on bogus patents - not with those companies who acquire patents to protect themselves.

      --
      Mmmm.. Donuts
  58. Patent Details by drphil · · Score: 4, Informative

    Here are the patent abstract and claims from the USPTO site:
    Abstract:
    An existing video game system is modified to include additional communication and storage capability via a modem and hard disk drive. The modification may involve the use of an expansion device coupled to a video game system port. A cable TV tuner is also included in the expansion device to assist in providing a unique picture-in-picture video capability. TV signals are coupled to the expansion device via the RF input from either cable TV or off-air signals. These RF signals are blended with the output signals from the video game system. A user may, for example, watch TV while viewing overlay information from the video game console. A user may receive a TV channel guide downloaded via the Internet, spot a program which the user desires to view and immediately access, via an IR input, the desired channel through the expansion device TV tuner. A user may also watch TV while simultaneously logging onto the Internet. A hard drive permits downloading from the Internet of entire games.

    Claims:
    We claim:

    1. A home video game system for executing video game programs and for generating game play graphics in response to player controller control signals generated by a player operating a player controller for display on a television, said home video game system including a removable memory insertion port for receiving a removable memory storing video game program instructions, comprising:

    a game processing system including a main processor, operatively coupled to receive video game instructions from said removable memory when inserted into the removable memory insertion port for executing a video game program, and a graphics coprocessor for processing graphics information under control of said main processor, and being responsive to said player controller control signal for generating game play graphics for display on a television;

    communications circuitry, coupled in use to said game processing system and to a user's communications network, for linking said game processing system to the Internet and permitting communication from the player to another party over the Internet;

    a writeable mass storage device coupled in use to said game processing system for receiving information downloaded from the Internet; and

    cryptographic processing circuitry, coupled to said mass storage device, for decrypting at least some of said information downloaded from the Internet.

    2. A home video game system according to claim 1, further including

    audio circuitry coupled to said video game processing system.

    3. A home video game system according to claim 1, wherein said communications circuitry and said mass storage device are housed in an expansion device and said video game processing system is housed in a separate video game console which is coupled to said expansion device.

    4. A home video game system according to claim 1, wherein said communications circuitry comprises a modem, ethernet port, or wireless connection circuitry, and further including a controller for controlling said mass storage device and said communications circuitry.

    5. A home video game system according to claim 1, wherein said mass storage device comprises a hard disk drive which stores a network browser program.

    6. A home video game system according to claim 1, wherein said mass storage device is a flash memory storage device.

    7. A home video game system according to claim 1, wherein said mass storage device stores information downloaded from the Internet.

    8. A home video game system comprising:

    a removable memory insertion port for receiving a removable memory storing video game program instructions,

    a game processing system including a main processor, operatively coupled to receive video game instructions from said removable memory when inserted into the removable memory insertion port and a graphics coprocessor for processing graphics information under control of said m

  59. No! Nintendo has always embraced thin patents. by xtermin8 · · Score: 1

    Nintendo has always been highly protective of its intellectual properties. Before Sony came to dominate the market,(and before MS entered its console) it was a very profitable strategy. It might be more accurate to say that SCO learned from Nintendo rather than the other way around!

  60. Nothing to see here by Anonymous Coward · · Score: 0
    According to uspto...
    1. A home video game system for executing video game programs and for generating game play graphics in response to player controller control signals generated by a player operating a player controller for display on a television, said home video game system including a removable memory insertion port for receiving a removable memory storing video game program instructions, comprising:

    a game processing system including a main processor, operatively coupled to receive video game instructions from said removable memory when inserted into the removable memory insertion port for executing a video game program, and a graphics coprocessor for processing graphics information under control of said main processor, and being responsive to said player controller control signal for generating game play graphics for display on a television;

    communications circuitry, coupled in use to said game processing system and to a user's communications network, for linking said game processing system to the Internet and permitting communication from the player to another party over the Internet;

    a writeable mass storage device coupled in use to said game processing system for receiving information downloaded from the Internet; and

    cryptographic processing circuitry, coupled to said mass storage device, for decrypting at least some of said information downloaded from the Internet.
    3. A home video game system according to claim 1, wherein said communications circuitry and said mass storage device are housed in an expansion device and said video game processing system is housed in a separate video game console which is coupled to said expansion device.
    So this only applies to adding a storage device, i.e. Hard drive, to a console externally.
  61. Haha. by Anonymous Coward · · Score: 0

    Oh please. For starters, a console is just a computer. A computer which is meant for gaming. And now they patent online gaming? I've been playing games online since 1996 you fucks.

    Most likely its something specific else there's prior art :)

    (Btw EFF nominated Nintendo as one of the 10 bad patent whores.)

  62. At /. we say RTF'nA!!!! by Anonymous Coward · · Score: 0

    Although dripping with sarcasm, your reply is not nearly rude enough. From:Angry, Disgruntled Adoptee

  63. Give me a break by Rooked_One · · Score: 2, Insightful
    i've been using stuff like voicecomm in games for years. I believe the first thing used was a little utility called battlecomm... which was also in the era of roger wilco, which was a little more popular - probably only becuase of the name.

    And what about voice comm in Half Life? Personally, I think all online multiplayer games that don't have voicecomm are just plain inferior. And I may be striking a chord here with some of the "gamers" who play MMOPRS, but really... what are you doing the whole time? Are you dodging rockets or typing to people on your keyboard? No faimbait intended - whatever game tickles you pink is fine with me. A game that doesn't utilize the latest in technology - a way to save yourself a little carpal tunnel, but still, to each his own.

    1. Re:Give me a break by Anonymous Coward · · Score: 0

      Dont forget FireTeam which had voice comms in 1998! I was a beta tester for it :)

      I think the game is no more yet a quick google brings up this page,
      http://www.transmitmedia.com/multitude/pt_p roducts _content.html

    2. Re:Give me a break by Telepathetic+Man · · Score: 2, Insightful

      A lot of the MMORPGs' developers have claimed that the problem is language translators. The text translators are way ahead of time. Voice, apparently thats a toughie.

      --
      Just because you can, does not mean you should.
  64. This got modded up? by Anonymous Coward · · Score: 0

    You guys are fucking idiots. Jesus christ.

  65. If Nintendo's worried about online game sales... by Glytch · · Score: 2, Insightful

    ...then maybe they should MAKE SOME.

  66. Subspace by Anonymous Coward · · Score: 1, Informative

    Totally offtopic, but just incase you are interested in playing subspace again, it has been recreated under the name continuum and is freely available (not OS however) at http://www.subspacedownloads.com/

    1. Re:Subspace by PeelBoy · · Score: 1

      And make sure you play in Dueling Zone we are trying to bring it back to life :-D

    2. Re:Subspace by Anonymous Coward · · Score: 0

      Blast. I was over PC gaming. Why did you have to go and remind me of this?

      Why oh why can't there be a Mac or Linux version? Now I'm going to go cry even more than I did when I found out ARC was alive and well a few years ago.

  67. Try the 1994/5 Marathon (Bungie) game FAQ by Anonymous Coward · · Score: 0

    From Marathon 1 game FAQ
    "Live Microphone communication between players in LocalTalk or Ethernet"

    1. Re:Try the 1994/5 Marathon (Bungie) game FAQ by stratjakt · · Score: 1

      Wow, I didn't know Marathon came with a hardware addon device for the Nintendo 64, which is what this patent is specifically about.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:Try the 1994/5 Marathon (Bungie) game FAQ by Anonymous Coward · · Score: 0

      Wow, a microphone for a computer (which is what a gaming system is). Thats an "invention" worthy of patenting!

  68. I have a great idea for a business plan patent... by Anita+Coney · · Score: 1

    Wait for someone to create an utterly obvious concept. Wait for someone to implement that concept and make it a success. Patent the concept. Sue, license, then rake it in!

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  69. Oh the irony! If I only had a brain!!! by xtermin8 · · Score: 1

    I'd rate this post as informative, but I think you just misspelled moron. "Get a brain, morans!" Is moran 3133t-speak for moron, or did you just make the most ironic insult I've ever seen?

  70. Can easily find prior art for PS2 by Anonymous Coward · · Score: 0

    Socom 1 had voice chat, a player league table (online scoreboard) and online gaming services via GameSpy network (friends list, etc..)

    This was 2 years ago...Can we please bomb the patent office?

  71. Well Rob... by Anonymous Coward · · Score: 0

    I think you have passed the point of no-returns. I think slash now has more windows zealots than linux zealots. The MS fanboys in their quest to defend their platform of choice (MS fans defend their platform while everyone else praises their platform), have really shown their meddle in this thread. I think its time to change the name of /. to c:.

  72. FUD by Anonymous Coward · · Score: 0

    Yep.

    Check it out here.

    http://www.gamespot.com/news/2004/08/06/news_610 43 48.html

  73. Re:Oh the irony! If I only had a brain!!! by stratjakt · · Score: 1

    I'd thought by now everyone had seen this.

    --
    I don't need no instructions to know how to rock!!!!
  74. Re:Back further... 1980s by Anonymous Coward · · Score: 0

    what about the days of good old modem portal games -
    dial up to a network, have score tables, game online...

    and btw - what defines a console - isn`t playing consoledoom/quake on some kind of old sun sparc on the internet something that is within wide berth definitions of this patent ?

    hmmm. just thinking.

  75. Re:I have a great idea for a business plan patent. by ElDuderino44137 · · Score: 1

    "Nintendo has patented key console online gaming features."

    Exactly,

    Would it make more sense to say "claimed panents for" vs. patented? I was under the impression that the patent office didn't issue a patent, so much as, they recorded your claim. Patents can be claimed by other means. I was under the impression that any patent claim can also be contested.

    Cheers,
    --The Dude

  76. No by PeelBoy · · Score: 1

    Like somebody else already said.

    Microsoft is not buying Nintendo.

    Read:

    http://www.gamespot.com/news/2004/08/06/news_610 43 48.html

  77. Patent for the Playstation 2 by Anonymous Coward · · Score: 0
    I thought the same thing reading about all the different graphics processing claims, but there is one part that makes this an obvious patent for the PS2:


    [0129] Input output processor (IPO) 9 (FIG. 1) serves multiple functions in the computer system 1. Input output processor 9 is a complete 32-bit CPU in its own right. This architecture provides backward compatibility with earlier game systems. Input output processor 9 also manages all input and output data for the primary processor 3, except for the output to the video monitor. Input output processor 9 can deal with USB, IEEE1394, and other standard input and output data.


    The input processor of the PS2 is the CPU of the PS1. This is how Sony made the PS2 (like this claim states) backward compatible with the PS1.
  78. What is a gaming console? by Anonymous Coward · · Score: 0

    What is a console, how is it really different from a computer. Is a gaming console a computer that strictly plays games? Couldn't MS and Sony argue that since their platforms can play DVD movies that they don't fall under a limited definition of "gaming console". As soon as you can muddy the waters about what a console is this patent falls apart on prior art.

  79. From Nin? by Anonymous Coward · · Score: 0

    Funny this is coming from the company who is anti-online gaming.

  80. Console? PC? by Anonymous Coward · · Score: 0

    And how is a console different from a PC, exactly? They're essentially the same, sans keyboard/mouse.

  81. Prior Art by sabernet · · Score: 1

    When was the Dreamcast released?

    Did the SEGA channel save scores?

  82. re: sig by 2names · · Score: 1
    "Ah, good 'ole fish hooks...also bring a 'tear' to the eye."

    :)

    --
    "I'm just here to regulate funkiness."
  83. Past creations by Anonymous Coward · · Score: 0

    Eh, isn't there something about prior work existing that would invalidate these patents?
    Can anyone say UTstats (or any other the other stat-logging programs with player league etc built in. And what about teamspeak and the like for voice comms in any game?

  84. Why? It's a money maker cash cow... by zogger · · Score: 1, Insightful

    ... for the government. Just like DUI laws and war on some drugs laws, etc, all the way to the criminal justice "system". Allow even the most ridiculous things to be patented or be applied for. Charge large sums of money for this. Legislate it so it's all "law". Mass profit. It's pretty easy to see, that and the very large corporations want it that way. There are NO laws passed that large international corporations DON'T want. There is no difference between high level politicians and judges and large corporations, they all are major stockholders and etc in various large corps, Demoncrap or Repugnicant, elected or appointed. Even if they cry crocdile tears about this or that in public, if you look closer, they profit, government profits in the gestalt.

    Government is the largest corporation, and has the monopoly on that "business". Look at it that way, and it all becomes clearer.

    And you always have to think of "government" as a for-profit institution, no different from any other corporation, with the added bonus of they got guys with guns to "enforce" their dictates and to enforce their monopoly, and this monopoly is worth trillions and a ton of command and control they dig on.

    Just like the mafia.

    And you'll never "vote" it out, either, just won't happen, there's nothing in it, zero, nada, zilch for the politicians or the employees to get "voted" out of artificially created necessity, hence, it never happens, no place.

    At least in olden tymes they called a spade a spade, those goofs were called "rulers". We got the same doods and the same apparati now, just they call it something else, but it looks, and acts exactly the same.

  85. This is why articles should be reviewed... by DroopyStonx · · Score: 1

    It never occurred to the author that a title like "Nintendo Patents Online Gaming" won't immediately spark a flood of "fuck those assholes" even though the article isn't even remotely about that?

    It's not the fault of the people who didn't RTFA, but the fault of the author for purposely misleading others.

    --
    We have secretly replaced these Slashdot mods' sense of humor with a rusty nail. Let's see if they notice!!
  86. Prior art... by Kaldaien · · Score: 1

    I don't think anyone should take these patents seriously. If Nintendo tried to do anything on them prior art is a dime a dozen.

  87. Er... No. by Thedalek · · Score: 1

    The patent centers around "home video game systems" which are already legally distinct entities from limited functionality computing devices.

    The truly interesting aspect of the patent is that it mentions home video game systems "with hard disk drive and internet access capability," something that no Nintendo product has ever had. Nintendo hasn't released a lot of information regarding the GameCube's successor, but I think this is probably a good indication that it has both a HDD and broadband modem out of the box.

    --
    Happiness is relative, Based upon the way we live.
  88. Obviously, it's time to go by Roadkills-R-Us · · Score: 1

    This kind of crap has me thinking more and more frequently about leaving high tech and starting a ranch in Montana, or becoming a beach bum. Pretty soon it will be dangerous to breathe without consulting a lawyer.

    1. Re:Obviously, it's time to go by Cruciform · · Score: 1

      It is. That's why we have air quality indexes... :)

  89. But it wasn't released in the US by Antos700 · · Score: 1

    What I don't understand is how they can be classed as 'Inventing' this, under the US Patent system, when Nintendo has never launched, or mentioned launching something similiar in the US. If it was a Japanese patent (or whatever thier IP laws give) then I can understand. But this is a very big reach by any strech of the imagination. And the best bit, Australia is pulling itself into line with those stupid laws.

  90. I'll refresh your memory, then... by Chibi+Merrow · · Score: 1

    Let's see... there was the Famicom Modem. The Super Famicom Modem. The Satallaview and of course the X-Band Modem (which, admittedly, was not a Nintendo product and was also available on the Genesis). And of course the 64DD (which is what I believe these patents were filed for) connected to RandNet, which let them purchase/download games, use e-mail, and chat.

    --
    Maxim: People cannot follow directions.
    Increases in truth directly with the length of time spent explaining them
  91. funny by turbopunk · · Score: 1

    is it just me, or does it sound like nintendo just patented the ps2 and the xbox / xbox live . . .

  92. Nintendo's next move by stylee · · Score: 2, Insightful

    This is a pretty interesting move by Nintendo. There current stance on online gaming has been ultra-conservative to say the least. It seems like they are really waiting to move on it until they know they are going to make money off of it. However, as someone who has enjoyed Nintendo's franchise for a while this really makes me happy. It means that while publicly Nintendo has been downplaying online gaming, privately they have always had a huge interest in it. I hope that means that in the future Nintendo will be entering the online game market. Thay has always been my biggest gripe with the GC, the complete lack of online gaming. I don't like PSO at all but would love to be able to play MKDD and others online without some nifty hacks like Warp Pipe.

    A few interesting thing from the patent. There is no prior art for this from what I can tell. It applies only to console video game machines. It is pretty broad reaching, I don't see how Xbox Live gets out from it currently. The patent specifically mentions the use of a HDD. Maybe that is why Xbox2 isn't going to have an HDD. The filing of the patent gave an example setup with the N64DD with a few add on peripherals but made sure to mention that they didn't have to be add ons. They could be housed in a single machine. The patent also mentions that entire games could be downloaded over the internet. It seems that The Phantom may be in a world of hurt over this. And from what I can tell there is no prior art for this. The patent was filed in '98, way before Xbox Live or PS2 online games, and even before Dreamcast I think.

    I think that MS and Sony are going to try to show that their machines are home media entertainment systems, not just video game console machines, to try and wiggle around this.

    I don't know how Nintendo is going to use this patent. Theoretically it could give them a huge leg up in the next gen console wars. While online gaming is a a draw for MS and Sony, I don't think it is the deciding factor for buying any console, price is a much bigger consideration I think. Imagine Nintendo being able to affect the price of MS and Sony with the strict licensing agreements they are notorious for. My guess would be that if they try that and are successful (cause ya know MS and Sony are going to dispute it), that MS and Sony will eat the cost themselves, rather than let Nintendo affect their retail price. They already lose money on the console hardware anyway.

    I'll bet that Nintendo just sits on it though, my guess is if they try and enforce this patent against MS and Sony, MS and Sony will do likewise to them, and I'm sure they have a few that might be able to stick.

    This patent tells me that Nintendo has always had online gaming as a priority even if their public statements say otherwise. Now, that the patent has been approved I hope they make some moves to add online gaming to the GC, or at least make it a big part of the next gen console.

    --
    I swear PowerPoint is going to be the downfall of higher education in western society.
  93. Awwww... To Hell with it! by CygnusXII · · Score: 1

    Can't I just say to Hell with it, strike out and make some obviously "Lame" patents and get filthy rich. Sell my Patent Portfolio, get even more filthy rich. I do not care if they are later overturned. I want to get rich now. I mean we can all cry about how Lame and pathetic it all is but in actuality, they are getting rich, and 90% of the folks here want to get rich just as well. If ya don't then I call you a liar Sir/ Madam. Everyone wants a piece of the Pie, to invent the Next Big Thing or somehow make thier stamp on Society, the World, the Universe. Funny how in all those MBA, Law and other classes, the Ethics they teach are disposable. Is that taught the class after Ethics 101. Machiavellian Ethics 201.When it comes down to it, I wish I could line my own pockets as well... To deny that or imply anything else would cast me a liar. I used to be a moral and just man, but I cannot eat Morality nor cloth my family with "justice." When you are young, you are bullet proof and an idealist, when you are middle aged you are circumspect and cautious, when you are old, you are a fool. All Facets, Functions and Offices of every Governmental Beurocracy, is a little fiefdom and noone, is elected to those offices, and if you think they will ever change you Sir are truly King of all Fools. That little Man/woman in the Patent, IRS, FBI,or other Three lettered Office was there, when a Democrat/Republican was in office and will be there when another Candidate is in Office and will be there when Many have come and left the office; until that small, unelected beurocrat has retired. They are truly the seat of Power and no real changes, outcries or other sentiments will effect them.

    --
    My cat's picked up a Hammer. HEY! Put down that Hammer. Put Down that Hamm...THUNK!
  94. Advertisement by mrjimorg · · Score: 1

    I couldn't believe it when I heard on the radio "This product is so effective it was awarded a U.S. Patent". Do people really fall for that?!

  95. Somebody please explain to me... by Anonymous Coward · · Score: 0

    Why this keeps getting modded up?

  96. Re:If Nintendo's worried about online game sales.. by NanoGator · · Score: 1

    "...then maybe they should MAKE SOME."

    They're pouring tons of $$$ into R&D so that when they do that, you aren't paying a monthly fee. Believe me, they are making some.

    --
    "Derp de derp."
  97. Major player? by TheAwfulTruth · · Score: 1

    That may have been their intent when they filed for the patents, but at this point, they would be lucky to be able to use them as a last gasp attempt at staying in buisness.

    --
    Contrary to popular belief, coding is not all free blow-jobs and beer. Those things cost MONEY!
  98. Congratulations... by TheHonestTruth · · Score: 1
    You've just suggested undoing the innovation the patent system is supposed to create.

    A specific case of X should never be patentable, since its a subset of whats already done

    Because patents give you a monopoly on X, part of the innovation patents are supposed to foster is creating X+Y. It makes people think of new ways to apply existing technology or to design around existing patents. A patent can be obtained for useful, new and non-obvious combinations of technologies. And just because you have a patent a) doesn't mean you'll enforce it maliciously and b) that you yourself don't have to pay someone else. If I get a patent on the wheel, you have every right to patent a wheel with spokes. You can't make a wheel with spokes without paying me of course (I have the patent on the wheel), but your improvement is yours and I can't go making spoked wheels without paying you for your improvement. What we'd likely do is cross-license each other and put everyone else out of business.

    Now say someone doesn't way to pay for your spoked wheel and instead creates a new wheel. New variations is the whole point of the patent system. Now they only have to pay the license for the wheel and we've got three new products instead of one.

    And yes, taking voice chat from a computer and doing on a console is a new variation. How obvious that variation is is what people here decry.

    psxndc

    --

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

    1. Re:Congratulations... by tepples · · Score: 1

      And yes, taking voice chat from a computer and doing on a console is a new variation.

      It depends on how "console" is defined in the text of the claims of the patent. Under a loose definition, a PC with TV output could read on at least a few claims of this patent.

  99. I'm gonna be biased here,but.... by CrazyTiger · · Score: 1

    Nintendo's just trying to get patents on these things so Microsoft or Sony won't patent them and sue Nintendo for infringment.They're guarding their backs.(Mod me up all you want.)

  100. not quite... by TheHonestTruth · · Score: 1
    A specific case of X should never be patentable, since its a subset of whats already done

    Please cite the patent statute that mandates a working prototype. Here's a hint: there isn't one. All it has to exist in is the person's head.

    -truth

    --

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

  101. Untrue - patents are presumed valid by Anonymous Coward · · Score: 0
    A US court will assume that a patent approved by the USPTO is valid, and the burden of proof is then on the other side to demonstrate that it shouldn't have been granted in the first place. This is always expensive, and may be impossible for patents that are merely marginal (rather than clearly ridiculous).

    This is completely backwards. The people have empowered the USPTO to reward inventors by handing out government-backed monopolies; all the people ask in return is that the PTO check first to ensure that the inventions are actually for real. But they are demonstrably not doing their job.

  102. First post by nazsco · · Score: 1

    what?! a first post with everything that the article didn't mentioned, and only +1 Insightful???

    1. Re:First post by Anonymous Coward · · Score: 0

      i posted it anonymously; therefore, everytime I re-post to this thread as an AC, it subtracts one from the orginal post. I think its an automatic algorhtim in SlashCode. Lets see, its at +2, and I belelive it should go back down to +1 unless someone bumps it up.

      Dosn't hurt so lets see what happens...

  103. Now that has to be moronic by NoMercy · · Score: 1

    Patenting ancient ideas but with the twist that youve done them with modern technology.

    I wonder if anyone tried to patent the writing of score-boards with white-board marker pens instead of chalk yet?

  104. More like a patent for the Sega Genesis by tepples · · Score: 1

    The input processor of the PS2 is the CPU of the PS1. This is how Sony made the PS2 (like this claim states) backward compatible with the PS1.

    For one thing, what you quote is not a claim; it's a component of the preferred embodiment. For another, even if Sony does have a patent with some claim covering this use of the PS1's CPU, wouldn't it be legally obvious given the Atari Jaguar console (which used a separate MC68000 CPU for input) and the Sega Genesis console (which used a separate Zilog Z80 CPU for sound and for Sega Master System compatibility)?

  105. Worthless Patent that should be thrown out by Cheirdal · · Score: 1

    Back in 1993 or 1994 I was working for a company that was the first company to put computers with CD roms in libraries to replace card catalogs. In 93 or 94 Compton's was granted a patent for using a computer to retrieve information off of a CD rom and they tried to get everyone that used CD roms to pay them 1% of their gross profits on each CD product as a "licensing fee". This patent was over turned and Compton's should have been fined by the government. Nintendo's patents are basically the same thing as this. They're trying to patent using a disk drive, modem and look up tables. This should be thrown out and Nintendo should be heavily fined for this. The whole patent process needs to be completely overhauled. It should be impossible to own a patent for reading information off a hard drive and transmitting it over a modem. Those are basic functions of the devices. This is no different than if I try to patent writing letters and numbers on paper using a writing utensil such as a pen or pencil.

  106. Re:Why? It's a money maker cash cow... by Anonymous Coward · · Score: 5, Insightful

    Damn, this place is getting even more cynical.

    There are NO laws passed that large international corporations DON'T want.

    I call bullshit. Workman's comp, minimum wage, environmental protection, corporate taxes, to name a few.

    I think that many people in the government are there for the right reasons, and are trying to do the right thing. They might not be very good at it. They might not agree with you how to go about it. They will make mistakes. They might get disillusioned with the whole beurocracy and stop trying. They're human, just like you. How often do you risk your job to do what is best for your company?

    Historically, governments have a tendancy to either grow to oppression or shrink to ineffectiveness (and then get removed). We try to avoid the former through turnover, our leaders can't guarantee that they'll be in office in a few years, so they have to think about what happens if they aren't. I think we should get rid of a lot of the special treatment given to officials to make them think about it more, though.

    Now, patent applications make money for the gov't. Patent enforcement loses money (courts). I don't think any government agency should be self-supporting, the free market idea doesn't work if it's not free. If the PTO didn't care about the revenue stream, maybe they'd be a little more critical.

    (BTW, if you want to rant, fine. If you want to try to improve things, you should be a little more balanced, and try to offer suggestions for how to make it better.)

  107. Idiotic by Anonymous Coward · · Score: 0

    Nintendo I just lost all respect for you. Enough said.

  108. No worry....worthless patent...here is why... by PortHaven · · Score: 2, Insightful

    See, the question here is on the term "console"...and this is what will kill Nintendo.

    I am sure Microsoft has dozens of similar patents in the PC world. Nintendo is just trying to say they have ownership in the console world.

    However, all Microsoft's lawyers need to do is shatter the distinction of console/computer. Show that throughout history computers have been both generalized (PC) and specialized. And that a game console is nothing but a specialized computer.

    Then simply prove it by walking in with a Nintendo Gamecube. Open the box....point to it's main processor. "PowerPC"

    Then look back to the judge and simply ask "and how is this NOT a computer, a PC even? look right there in the box....on the core chip it says so. "PowerPC"

    Nintendo not only loses all the strength of it's patents. They now become susceptible to Microsoft's own patents in these areas. Next day headlines read - "Nintendo's case against Microsoft dropped! Microsoft now suing Nintendo for multiple patent infringement!"

    Two years later the case is settled out of court. Microsoft now owns a 24% share of Nintendo. And is the largest single stockholder.

    Yup.....

    God help the company that tries to win a legal war with Microsoft. Even if you win you are sure to lose....

  109. MODS: TROLL ALERT by Anonymous Coward · · Score: 0

    This is to inform you, gentle moderator, that the parent post is from a person who has trolled Slashdot in the past under the names bonch and Overly Critical Guy. Please, do all of us a favor and don't be taken in by this person's moronic brayings.

    Thank you.

    This has been a public service announcement.

  110. Patents schmatents... by Mitleid · · Score: 1

    I have question for anyone a bit more knowledgable on the whole patent-granting process: if you sucesfully apply for a patent does that mean you have the right to let anyone do whatever the hell they want with your patented material? So, theoretically could one apply for a patent just for the sake of ensuring that it remains "open source"? I guess one could always have a change of heart down the line and say "Hey, I think I changed my mind. You bitches better start paying up..." I'm just curious because I envision the scenarios in which someone with more of a open source philosophy invents something innovative and does not patent it, but then someone who emulates the invention goes and patents it themselves. Some may argue that "prior art" attempts to prevent this, but decisions based on prior art can totally be exploited, as the whole concept seems incredibly subjective.

    --

    --
    Is it me, or did it just get fatter in here?
  111. covering their bases by tunabomber · · Score: 1

    grandparent post: It's fun to get your panties in a knot about every patent filed by every company, but they are just trying to cover their bases. ...

    parent post: Forgot a third choice: Public Domain.

    So, in other words you're saying that all the company's bases should be belong to us? For great justice? Main screen turn on! I want to play with public domain videogame technologies!

    --

    pi = 3.141592653589793helpimtrappedinauniversefactory71 ...
  112. Another submarine patent, this time filed by ... by GreyGeek · · Score: 1
    a company, not a lizard lawyer.

    The technique is the same: file an open patent when a technology first appears (even if you didn't originate it) and keep amending it as the technology matures. Then, when enough major players are using/building on the technology, complete the petent application and start sending out 'cease and desist' letters to folks who have been using the technology longer than the new patent holders were aware of it.

    The problem is, of course, the totally CORRUPT US Trade and Patent office, who will grant a patent to any corporation for any thing, as long as they willing to pay the $$$.

  113. patently obvious by nanoakron · · Score: 1

    >>>it makes you wonder if this is the first step for Nintendo to become a major player in the online gaming market

    No, it makes me wonder just how in the hell they were granted patents on such obvious aspects of online gaming (already in use for some years now BTW) in the first place!

    -Nano.

  114. prior art.... by Teunis · · Score: 1

    No shortage of prior art on any of it. At a guess, though, SAIL labs circa 1970s for the voice support and late-1960s MIT for the rest thanks to spacewars. That for the most part predates Nintendo so overturning these shouldn't be a problem.

  115. Re:Why? It's a money maker cash cow... by murdocj · · Score: 1
    Just like DUI laws

    The only problem with the DUI laws is that they aren't tough enough. I can't count the number of times I've read in the paper about somebody being killed by some jerk who has already been arrested 5-10 times for DUI.

    And how on earth did the parent post get modded "insightful"????

  116. I smell a rat by Anonymous Coward · · Score: 0

    It seems to me that since a guy like this has multiple accounts, that he must also get mod points quite frequently and as such moderate up his own accounts with those other accounts.

    It wouldn't surprise me at all to learn that rd_syringe (or bonch, or Overly Critical Guy or whatever he calls himself this month) has cultivated multiple accounts for just this purpose--to mod up his own posts as "Insightful" or "Interesting" when they're nothing but the same old recycled garbage.

    Well, time has proven over and over that you can only fool people for so long before they catch on to you. And you've been found out yet again. Why don't you just give it up?

    1. Re:I smell a rat by rd_syringe · · Score: 1

      you can't mod your own posts as far as i know, it doesnt matter if you have multiple accounts because slahsdot tracks ip numbers .. even for ACs

    2. Re:I smell a rat by Anonymous Coward · · Score: 0

      Yeah, I'm sure you've never heard of anonymous proxies... Give it up, man, you're uninsightful and the only reason you've been modded up lately is because you've been modding yourself up with your other accounts.

  117. MODS: RD_SYRINGE IS OVERLY CRITICAL GUY/BONCH by Anonymous Coward · · Score: 0

    Wake the fuck up!

  118. do you really mean DUI... by zogger · · Score: 1

    ... or do you mean the actual laws that reflect an actual crime aren't tough enough, or the sentences aren't tough enough? If it's the latter, I agree with you. There isn't a vehicular law out there that can't already address *any* of the crimes associated with DUI, except for the added-on specific DUI laws. Vehicular manslaughter, driving to endanger, speeding, etc, were all in existence previously, and if they had been vigorously enforced, no DUI "laws" would be necessary. Try to think of any potentialy harmful situation that can't be covered without resorting to DUI itself when it's comes to driving. Impaired driving in any form is just that, adding on "DUI" is just a revenue enhancement for the state. I can't think of any, there appears to be enough laws to cover all the various harmful-like driving situations. Those cases you mention, I would bet there were other actual laws involved besides DUI, take away the DUI, there'd still be enough to charge people for specific driving crimes.

    Someone is weaving, swerving around, sliding stop signs, speeding up outrageously then slowing up to absurd slow, etc, all that, more than adequately covered under "driving to endanger". Crashing into something or someone, that's coered under various laws already. Dui= enhanced command and control and revenue for the state, plus get everyone used to "random checkpoints".

    I refuse to be conditioned into it, I can see a police state tactic when I see one. I can remember when we didn't have those sorts of things, because they were considered abhorrent to a free people, and they seemed to still have adequate traffic laws. Now if they need to toughen those previous laws, swell, I have no problem with that.

    That's the difference.

  119. I have.... by zogger · · Score: 1

    ... dozens and hundreds of posts I have.

    "(BTW, if you want to rant, fine. If you want to try to improve things, you should be a little more balanced, and try to offer suggestions for how to make it better.)"

    You claim we can change the politicians every few years. Well, I say we can't, those politicians are just puppets and TV script readerts now, because it doesn't matter if we can't change the two cooperating criminal cartels who have hijacked government generations ago and run it as a perpetual jobs market to the almost total exclusion of anyone else. We don't have a government "of the people" we have a corporation that is run by the republican and democratic for-maximum- profit parties. You get an illusion of choice and an illusion of representative government, it doesn't exist in fact. They pass "laws" that say it is OK for them to be...bribed off. All they have to do is call it something other than bribery. They stick their own partisan political appointees into the supposedly non partisan "supreme court". Tell me, when's the last time a truly independent person with no major party affiliation or without personal and extensive international corporate holdings was appointed and confirmed to "judge our laws" that the R's and D's pass? Oh, it never happens, they are always D or R party functionaries?

    Sorry, the system is rigged and it's just a large example of corporate monopoly, and I consider it to be an ongoing criminal eneterpise now. And I'm sorry about any still honest people inside government, but it ain't my call, it's the sum total of all their personal efforts that allows this criminal eneterprise to function day after day after year after generation. You either are part of that system,and personally profit from it, or you are a victime of it,and them's the two choices our society has now.

    I'm not cynical about it, I am realistic about it. I can look, see, say what I see, and what I see is what I have described, and I have offered alternatives before here, everything from ending the support to the two criminal gangs that conspire to rule over us, to all the way to a new monetary system that isn't counterfeit perpetual slavery debt notes, and all the aspects in between. I'm not going to rehash a lot of that in a single post, it's almost impossible.

    As to patents specifically, here ya go --> NO PATENTS FOR INTANGIBLES. That'll fix that pronto. That should be clear enough and simple enough as an alternative. Copyright for an intangible "product", swell, no probs, a PATENT???? No freekin way! You want a "patent" for an original work that consists of symbols electronically recorded on paper somehow, typed up crap! Hey, why don't we patent NOVELS then, it's the same deal? If all it takes is a rearrangment of typed up stuff to call something so new and improved that's it's patentable, then new music, visual art and written art should be patentable as well, as long as it isn't a copy of someone else.
    Oh, that would be lame, someone could patent the "murder mystery" or the "three chord rock song", right?

    Ya, it WOULD be stupid, and that's exactly why SOFTWARE patents consisting of typed up stuff are stupid. Variations on an intangible theme are NOT innovative enough to be considered for "patenting", IMO. Copyright-OK, go for it if that's what you want.

    1. Re:I have.... by Anonymous Coward · · Score: 0

      You claim we can change the politicians every few years. Well, I say we can't, those politicians are just puppets and TV script readerts now,

      Well, we can, we just don't. There are always plenty of candidates from outside the two parties running, they just don't get any votes. You can blame it on the people of this country just as much as on the political parties. Lots of people just vote for their party. We've been voting republican for a long time now (for congress), and, funny thing, congress is supporting corporate interests (because that's what republicans do). Aside from the pure party line people, the rest of us just don't spend the time to learn all the candidates and vote for just the right one. We could easily get the Rs & Ds out of office if we just stopped voting for them.

      Like I said, we could also get rid of perks for politicians. Congress has a great pension plan, despite the fact that ex-congressmen could easily get jobs as professors, speakers, lobbyists, businessmen, etc. They write laws with exceptions for themselves. If they had to live by the same laws as everyone else, they might think different. If they made less money, they might not favor the rich so much (and there would be less incentive for the greedy to run for office). Add term limits to that, and they might try to make the country livable.

      As to patents specifically, here ya go --> NO PATENTS FOR INTANGIBLES.

      I'll go for that. Patents should be for novel inventions and product ideas. Not business methods, not mathmatical formulas, not general concepts, not stuff that doesn't get shipped to the customer (one-click).

      I'd be hard pressed to say where the line is between yes and no in many cases, but there are a great many things that aren't even close. Coming up with a new filesystem seems equivalent to coming up with a new engine design. That seems okay to patent. You don't patent "filesystems", just your implementation. Likewise, you shouldn't be able to patent "online gaming", just your specific, novel, implementation of such. Adding a hard drive and modem to a console is not a novel concept, it's just been called a "PC" instead of a "console" previously.

      Also, trade secrets don't apply to anything that you ship to the customer. That isn't keeping it a secret, even if it's hard to figure out (ICs, compiled code). If you don't keep it a secret, it's not protected. My favorite was Microsoft's Kerberos spec, posted on the web for the world to download, and protected by trade secret because it had a click-through. That isn't keeping it a secret, you lost your protection.

      One step further, click-throughs should have no force of law. They don't have a signature, they don't involve negotiation, they can't prove you clicked it, they do not have consideration for both parties, and they are therefore not valid contracts by any stretch. If they want to require those conditions, they can sell to large customers and get a valid contract in place. If they want to sell in bulk, they have to live with what copyright law provides.

    2. Re:I have.... by orpx · · Score: 1

      I agree. E-mail me and lets chat, kaboodle a_@_t xxpro . net

  120. Justify your job by DigiShaman · · Score: 1

    Just like lawers, politicians have to justify their job as well. Hence, the legal bloat. It will only get worse too.

    --
    Life is not for the lazy.
  121. Competition then and now by OeLeWaPpErKe · · Score: 1

    Then : you made a better product or priced others out of the market.

    Now : you get a patent which basically outlaws any products that might compete.

  122. No, take the time to READ the patent!!! by Anonymous Coward · · Score: 0

    The patent is for the entire product, not just for a graphics processor or an input processor. If you actually took the time to read the patent and knew the specs of the Playstation 2, you would know that this is a patent for the architecture of the Playstation 2. The claim doesn't itself patent the creation/use of the graphics processor, the creation/use of the specialized CPU, or even the use of a different CPU for I/O and backwards compatibility. It's the use of all of these different things together.

    I'm not trying to validate Sony's patent; in fact, I really don't care if it's valid or not. I'm just trying to set the facts straight so we can all have the correct story.

  123. i actually thought by Magius_AR · · Score: 1
    that Dreamcast was the first system to do all this.

    Once again, that certainly doesn't precede April 1999 (Dreamcast was released in September of 1999).

    I do find it kind of silly that people can patent ideas without even a prototype.
    Hell, if that kind of bullshit is allowable, I'll patent cold fusion and flying cars right now.

  124. Most likeley to stop all online gaming.... by Anonymous Coward · · Score: 0

    since they have been so free with their admited disdain for all things "online".

  125. The quid pro quo and tit for tat of patents by tepples · · Score: 1

    A U.S. patent has two complementary reasons for existing: to teach an invention to the public, and to give the inventor a temporary monopoly on that invention in return for teaching it. An invention must be novel and non-obvious to qualify for the monopoly; otherwise, it doesn't teach the public anything that one skilled in the art didn't already know.

  126. Patents by aacool · · Score: 1

    Well, the obvious step is for Microsoft to acquire Nintendo next - no problem patent-wise. And Homer might have a thing or two to say about that, methinks

  127. Kind of off topic but... by k31bang · · Score: 1

    I just played a marathon session of halo... sorry.

    --
    -+-=-+-=-+-=-+-=-+-=-+ *** http://www.mountainfort.com *** +-=-+-=-+-=-+-=-+-=-+-
  128. MODS: TROLL ALERT by Anonymous Coward · · Score: 0

    This is to inform you, gentle moderator, that the parent post is from a person who has trolled Slashdot in the past under the names bonch and Overly Critical Guy. Please, do all of us a favor and don't be taken in by this person's moronic brayings.

    Thank you.

    This has been a public service announcement.

  129. WTF? by illumina+us · · Score: 1

    I thought patents were given to things that were not already being done and not obvious.

    player league tables
    Used by all leagues in existance online especially big ones such as CPL and CAL. Not to mention used by Microsoft on XBox LIVE!

    voice communications
    XBox communicator and Roger Wilco as well as built in services in many popular games

    online gaming host services XBox LIVE!, GameSpy Arcade, etc.

    WTF is the patent office thinking these days?

    --
    -illumina+us "I put on my robe and wizard hat..."
  130. OT: your sig by TheHonestTruth · · Score: 1
    I don't quite understand it (no I didn't read the link, I just saw that it went to an adoption site). Are you pro-life and that's why the choose was in quotes? Are you pro-choice but encourage adoption? I just didn't understand.

    -truth

    --

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

    1. Re:OT: your sig by Anonymous Coward · · Score: 0

      I'm pro-life. Watch for a journal entry about it.

      -- tepples
  131. As a parent by catherder_finleyd · · Score: 1

    I can tell you that they are LOSING the kid's game market, largely due to the fact they LAG behind in online gaming!

  132. Irony by llevity · · Score: 1

    To quote Alanis, isn't it ironic? Nintendo patents a boatload of things they're not even using this generation? And they happen to be things its two competitors are using? Lets see... Mass storage device: Xbox: Check PS2: Optional, but available, check. Voice communications: Xbox: Check, for every online game PS2: Check, for certain online games League Tables: Xbox: Check, with certain games PS2: Certain games, maybe? I think this is why patents are so dangerous. Companies use them to reserve ideas they don't even implement. It's one thing to protect something innovative you came up with, but to try to reserve something obvious, that you're not even going to use in the near future, just to keep it away from everyone else?

  133. I think you just didn't get the joke... by Chibi+Merrow · · Score: 1

    Of course explaining it ruins it...

    You see, the post I was replying to interpreted The N64 had an add-on device called the 64DD. as a mathematical proof and said it was only true if we limit 'had' to a definition where actual consumers cannot purchase the device. My point '{Japanese Consumers} ==> {Consumers} must be false' simply means that the only way his proof can be correct is if the set of 'consumers' he refers to is not THE set {Consumers} but some subset of it that does not include Japanese consumers.

    Which, as someone else pointed out, is silly to exclude the Japanese market from anything console related.

    Now excuse me while I shoot myself in the face for being such a fscking geek.

    --
    Maxim: People cannot follow directions.
    Increases in truth directly with the length of time spent explaining them