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3D Games Patent Threatens Industry?

Castar writes "Recently Advanced Video Graphics (AVG) sued several game publishers for infringing on their patent on "Method and Apparatus for Spherical Panning". Since this affects almost every 3D video game, the International Game Developers Association sent out a call for prior art in their monthly newsletter. An industry lawyer has also done an overview of the issue here. I would think lots of CAD software produced before 1983 would invalidate the patent."

76 comments

  1. Wow.. Just Wow by Deltaspectre · · Score: 0

    Who thought it would come to this frivilous nonsense... Ah well, I for one welcome our vague patent overlords!

    --
    My UID is prime... is yours?
  2. Remember when... by czarangelus · · Score: 5, Interesting

    Remember back when patents were used to stimulate researchg and development, rather than to emasculate it?

    Neither do I, I'm only 22.

    --
    When a true genius appears, you can know him by this sign: that all the dunces are in a confederacy against him.
    1. Re:Remember when... by alexandreracine · · Score: 1

      Patents are good for a maximum of 20 years right?

      Can someone here can ask for royalties for the toaster?

      --
      No sig for now.
    2. Re:Remember when... by cgenman · · Score: 2, Interesting

      I've often wondered when this would come up.

      Pretty much all of the game companies I've worked for have patented something. A lot of these were looked upon as either "We're going to be terribly rich" in the heat of the moment, then ignored later on, or are just kept around in case someone else starts a patent war. And, of course, nobody knows about it, and everyone does it, because who would think someone would have a patent on a character playing silly sound effects when you click on it repeatedly?

      And that's really the problem: people are getting more and more bigger and bigger legal guns pointed at eachother's heads through this system. Everyone knows that despite their mandate, the patent office doesn't check these things. So more people get more and more of these guns. It's mutually assured destruction on an industry-wide scale, and it's foolish. It's basically asking for the same trouble as the mutual defense treaties of world war 1... once a shot is fired, everyone's guns are going to start going off.

      I can't believe congress is having hearings on Major League Baseball when real problems as gaping as this exist in the system.

    3. Re:Remember when... by PedanticSpellingTrol · · Score: 1

      Don't worry, I'm sure things will change after someone sues Scottish rock phenomenon Franz Ferdinand for subliminally copying one of their songs, and then F.F.'s record label counters with some patents, and the whole byzantine system of corporate legal alliances comes tumbling down in The Patent War to End All Patent Wars.

    4. Re:Remember when... by Anonymous Coward · · Score: 0

      I fucking invented Scottish rock phenomena!!!

      - Jef Raskin (estate)

  3. What is going on?b by UlfGabe · · Score: 1

    is the world ending?

    3d games not allowed?

    what about open source 3d development tools?

    graphical artists, 3d imagrey for movies to make them look cool?

    Someone call PIXAR, those increadables can save us good.

    --
    Check journal for info on Anti-TextBook, an idea by me.
    1. Re:What is going on?b by Anonymous Coward · · Score: 1, Informative

      You know when you have a 3D model displayed in a game, and you can pan around it and zoom in on it?

      That's patented.

      This is usually done in character select screens. You'll select a character, and a 3-D model will be displayed. You can then use this patent to move around it and view it from various angles and zoom in on it.

      I can't speak to the merits of that patent, but it many, many video games definitely violate it.

    2. Re:What is going on?b by Pluvius · · Score: 2, Informative

      Hell, it's usually done throughout the game. They're called "camera controls."

      Rob

    3. Re:What is going on?b by Anonymous Coward · · Score: 0

      Which is exactly the point.

      Ignore these people unless you specifically get dragged into court by them. With it pretty much being the assholes versus the entire game industry, I feel the assholes will get squashed.

      Or, alternately, they win, and there is a 2D renaissance (since I would assume that nothing these assholes claim to own has any applicability to 2D games). Either way, I'm happy.

    4. Re:What is going on?b by Doug-W · · Score: 2, Insightful

      Unless I'm missreading this, isn't this patent about to expire?

      United States Patent 4,734,690
      Waller March 29, 1988

      If it was granted 3/29/88 and is 17 years in length, one could write code based on it starting Weds and not need to worry. I guess that's why they're filing suit now, been waiting for the maximum number of violations.

  4. Patents are really out of hand. by Travelsonic · · Score: 2, Interesting

    Am I the only one who sees the need for patent reform? If such a thing was to come and change the patent system (I hope to GOD so in the near future), I think that patent reform should include diasllowing patents on things thant ANYBODY can do with ease, or generic items.

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    1. Re:Patents are really out of hand. by shaitand · · Score: 4, Insightful

      I think that patents should require a working physical invention be sent to he patent office again.

      To fix the warehousing problem they simply do not keep the inventions, instead they keep a series of digital images on each device that can be reviewed later.

      Damn, too bad you couldn't patent software anymore if you had to send a physical invention eh?

    2. Re:Patents are really out of hand. by Lisandro · · Score: 1

      Damn, too bad you couldn't patent software anymore if you had to send a physical invention eh?

      Wouldn't a working program using the patent concept do? I bet a sourcecode or pseudocode would occupy less than an image...

    3. Re:Patents are really out of hand. by shaitand · · Score: 1

      No, the entire point is that an actual PHYSICAL device be required. You are NOT SUPPOSED to patent concepts.

    4. Re:Patents are really out of hand. by Lisandro · · Score: 1

      I understood your idea; i was just pointing out how someone could get arround the restriction. Ultimately, programs are realizations of concepts.

    5. Re:Patents are really out of hand. by BoomerSooner · · Score: 0, Troll

      Good luck in the Republican dominated government. I thought Republicans were for smaller government? Guess that was just a "sales technique" to get them in office. Kind of like term limits.

    6. Re:Patents are really out of hand. by Yokaze · · Score: 1

      At least they should be handled similar to trademarks. If a patent is not actively used by either production, research, or at the very least by notifying well known users about the patent, it should be invalidated.

      Where is the stimulation, if it slumbers in some folder?

      I'm not suggesting that companies have to employ some patent police, which vigorously searches for patent infringements throughout the planet. But if a company sues another for the use of a patented technique some decades after they have published it and are even known to almost every child, I think something is wrong.

      --
      "Between strong and weak, between rich and poor [...], it is freedom which oppresses and the law which sets free"
    7. Re:Patents are really out of hand. by Tuirn · · Score: 1

      Only when they are not in power.

      --
      Klein bottle for rent - inquire within.
    8. Re:Patents are really out of hand. by Meagermanx · · Score: 1

      They should just make it so that you have to respect patents and copyrights if you are going to sell your product. Like let Freecraft do their thing, 'cause they are Open Source freeware, and free. But, for example, don't let someone rip off someone's idea and sell it.

    9. Re:Patents are really out of hand. by BillyBlaze · · Score: 1
      Software patents would be brought into that system via essentially the same loophole by which they were brought into the current system. Everyone would send cheap PCs with the "innovative" software loaded on them. Exactly as they do now, patents would cover "the enclosed device, which consists of a central processing unit, one or more input and output devices, and a fucking plurality (God I hate that word!) of memory storage cells onto which are loaded data which can cause the device to..."

      Actually, it would probably be worse than present, because given the intelligence the patent office has shown so far, they'd probably take a few photos of the motherboard, and not even bother to save a hard disk image, much less think to ask for a description of how the software does what it does.

      We absolutely need to ban software patents, but we need to do so explicitly and clearly.

    10. Re:Patents are really out of hand. by KarmaMB84 · · Score: 1

      Like the concept of a physical device?

    11. Re:Patents are really out of hand. by Puhtronium714 · · Score: 1

      It shouldn't require a physical invention, as the person who develops the idea may not have the funding to create it themself, but it should require a 'blueprint' that can be demonstrated to work when produced (source code would fall in this category).

      And nothing that uses a different apparatus to achieve the same effect can constitute patent infringement.

      That would be a sane patent system. I have NO idea how the one we have now works, except that the one we have now doesn't work.

    12. Re:Patents are really out of hand. by KDR_11k · · Score: 1

      The problem is that somebody could e.g. make a "free addon" that violates a patent.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    13. Re:Patents are really out of hand. by shaitand · · Score: 1

      yup, do you know anyone who has a patent on that concept? of course not. You can patent the implementation, not the concept your implemented.

    14. Re:Patents are really out of hand. by shaitand · · Score: 1

      Ah but ideas, concepts, and software are not things that have a legitimate place in patent law.

      Ideas of course simply are not property and concepts are just ideas. Software falls under copyright and therefore the only thing you could try to patent in the realm of software would be ideas and concepts which are not valid patentable material. I am not advising a new system here, I was refering to the system that was originally in place.

      The reason it was changed was NOT to allow the patenting of ideas and concepts, but because they ran out of room to store submissions. This is why we have so many old inventions to show for TV shows and such, there are huge warehouses holding them.

    15. Re:Patents are really out of hand. by shaitand · · Score: 1

      Yes. But they are intangibles and therefore fall under copyright. If you prefer a different distinction, simply making a rule that if you can't beat it with a hammer, you can't patent it.

      The first time a pc gets sent in, it gets a patent. The second time a pc gets sent in but running different software it gets denied because the last pc got patented. The software is not a physical object and therefore does not qualify for a patent.

    16. Re:Patents are really out of hand. by shaitand · · Score: 1

      PC # 1 - Innovative
      PC # 2 - Sorry PC #1 was already patented.

      But but, pc # 2 is running different software.

      Oops, sorry, can't beat it with a hammer must be intangible. Maybe you should try the copyright office.

      "Actually, it would probably be worse than present, because given the intelligence the patent office has shown so far, they'd probably take a few photos of the motherboard, and not even bother to save a hard disk image, much less think to ask for a description of how the software does what it does."

      Good. What is stored on the Hard drive is intangible and therefore is not part of the physical invention.

  5. Front page this mofo by UlfGabe · · Score: 2, Informative

    Defendants are Electronic Arts, Take-Two, Ubisoft, Activision, Atari, THQ, Vivendi Universal, Sega of America, Square Enix, Tecmo, LucasArts, and Namco Hometek. Several of these defendants have joined together to mount a common (and very costly) defense.

    well we can deal without EA, i hope the others are leaving them in the cold.

    --
    Check journal for info on Anti-TextBook, an idea by me.
    1. Re:Front page this mofo by Anonymous Coward · · Score: 0

      I'm saddened to see that Valve isn't on this list.

    2. Re:Front page this mofo by UWC · · Score: 1

      Valve's publisher is Vivendi Universal.

    3. Re:Front page this mofo by UlfGabe · · Score: 1

      oh well, some editor will dupe the story and then it will make front page.

      --
      Check journal for info on Anti-TextBook, an idea by me.
  6. The revenge of the 2D Fighter by ElVaquero · · Score: 1

    Now SNK and Capcom can return to dominate the market. I bet those two had a hand in this with their secret society of fighting game developers.

    1. Re:The revenge of the 2D Fighter by Look+KG486 · · Score: 0
      I bet those two had a hand in this with their secret society of fighting game developers.

      Yeah, those 100-hour work weeks make many a game developer quick and lethal. What's one to do? Beat you over the head with a printout of particle system code?

      --

      "Play is the only way the highest intelligence of humankind can unfold." -- Joseph Chilton Pearce

  7. Required date for prior art by Anonymous Coward · · Score: 0

    For this patent, anything which existed publicly prior to July 20, 1984 would be considered prior art. Good luck.

    1. Re:Required date for prior art by imkonen · · Score: 2, Informative
      " For this patent, anything which existed publicly prior to July 20, 1984 would be considered prior art. Good luck."

      Sadly I will show off my age here and point out that one of my favorite arcade games is a perfect example of prior art. 3D world, rendered onto a 2D screen, simulating a first person view from camera. I knew I remembered playing that before '84. The link says it came out in 1980.

  8. Remember that toothbrush you use everyday ? by BaatZ · · Score: 1

    Yes, that patent's mine. Now behold the satanic fumes, rising from planet Earth !~ Muahahahhaha

  9. We all live in a yellow mesh submarine by Look+KG486 · · Score: 0

    This is a weak submarine patent cash grab. Nothing to see here. Please disperse.

    --

    "Play is the only way the highest intelligence of humankind can unfold." -- Joseph Chilton Pearce

  10. Movie 'Tron' by El_Muerte_TDS · · Score: 4, Informative

    The movie Tron released in 1982 contains a shit load of 3D rendered stuff. They used existing products to render the 3D things, these products where commonly used to design technical things.

    One of the companies involved was MAGI Synthavision: http://accad.osu.edu/~waynec/history/tree/magi.htm l

    Does that qualify as prior art?

    1. Re:Movie 'Tron' by pipingguy · · Score: 2


      Just because your post was rated informative (and it was, actually) there is a difference between "where", "we're" and "were". Brits tend to pronounce and write the word as if they are the same.

    2. Re:Movie 'Tron' by Maffy · · Score: 0, Flamebait

      When you say "Brits", where exactly in Britain do you think people speak like this?

      I live just north of London and have travelled around England quite a lot but have never noticed anyone pronouncing these words like this.

      I can believe that some people don't differentiate, but I would imagine that they're the definite minority. Where did you get the impression that "Brits" in general pronounce the words the same?

      Matt

    3. Re:Movie 'Tron' by Anonymous Coward · · Score: 0

      Brits tend to pronounce and write the word as if they are the same.

      Yerwhat? I have travelled all over Britain, and I have never met anyone who did not pronounce those three words with three distinct vowel sounds. Or indeed many people who couldn't spell all three correctly.

    4. Re:Movie 'Tron' by Mac+Degger · · Score: 1

      Actually, Tron featured a shitload of hand-animated (as in old school Disney style) rendered stuff. Still, there was a little actual 3d computer rendered stuff in there...enough to obviate the patent.

      --
      -- Waht? Tehr's a preveiw buottn?
    5. Re:Movie 'Tron' by Anonymous Coward · · Score: 0

      Tron as art? Well I guess so. Sort of.

    6. Re:Movie 'Tron' by snuf23 · · Score: 1

      Um no. Tron featured hand doctored live action film in terms of the scenes with actual actors in it. The environments and suit effects could be considered hand animated. Many objects in the movie were rendered. Everything from the floating Bit to the recognizers, lightcycles, intro sequence etc.

      Computer Generated Imagery in Tron

      --
      Sometimes my arms bend back.
  11. Not exactly a dupe, but... by Pluvius · · Score: 2, Informative

    Should've still been linked in the blurb.

    Rob

    1. Re:Not exactly a dupe, but... by Anonymous Coward · · Score: 0

      so is it 3D panning or planning?

  12. SGI? by CarrionBird · · Score: 1

    SGI hopefully has some prior art for this. There has to be others as well in the 3d industry who could kick this.

    --
    Free Mac Mini Yeah, it's
  13. directx & opengl by Anonymous Coward · · Score: 0

    It seems like they should be going after opengl & directx or the console & graphic card makers since that is where the 3d transformations actually occur.

  14. Playing Game by sepluv · · Score: 1

    And remember that, in most jurisdictions, you are violating this patent by just playing a 3D game, so if you carry on playing these sort of game you are a criminal.

    --
    Joe Llywelyn Griffith Blakesley
    [This post is in the public domain (copyright-free) unless otherwise stated]
    1. Re:Playing Game by vettemph · · Score: 2, Funny

      >carry on playing these sort of game you are a criminal.

      cool, I always wanted to be a criminal but didn't know where to start.

      >>>Pancake!

      --
      The government which is strong enough to protect you from everything is strong enough to take everything from you.
    2. Re:Playing Game by Anonymous Coward · · Score: 0

      I always wanted to be a criminal but didn't know where to start.

      Try here.

    3. Re:Playing Game by Anonymous Coward · · Score: 0

      Sorry, patent infringement falls under civil law; they would have to sue you.

  15. A solution to stupid patents by Henry+V+.009 · · Score: 4, Funny

    My solution is to start making the government pay damages when it grants a stupid and economically damaging patent. It could pay for said damages by with a special tax on patent lawyers.

    1. Re:A solution to stupid patents by Anonymous Coward · · Score: 0

      Well, color me stupid but it strikes me as odd that the Patent Office, or the sad fuck who approved a patent that later gets rejected in court b/c prior art can't be sued for lawyer fees + punitive.

      Or can they?

  16. I researched this very point for a client by MarkusQ · · Score: 3, Informative

    A few years back I researched this very point for a client (I'm a programmer/math guy, not a laywer). We came up with prior art dating back to the 1800s (the very same technique was used in painting for "perspective lanterns" or some such). We turned over what we'd come up with to the lawyers, they wrote a letter, and we never heard from them again.

    --MarkusQ

    1. Re:I researched this very point for a client by Anonymous Coward · · Score: 0

      For the love of God, send everything you have to the IGDA! If you are unable to send the full report (don't have it in your possession, or the client owns it), then write a letter to them detailing everything you remember.

      Patents like this are going to destroy the industry. Oh, we'll still have software, but only from large companies that can afford to license all the patents required. Small companies and independent developers will be unable to compete.

    2. Re:I researched this very point for a client by Lord_Dweomer · · Score: 1
      That's fantastic, but posting this on Slashdot does absolutely nothing. You should submit your information tot he appropriate people.

      --
      Buy Steampunk Clothing Online!
  17. Odd ... by gstoddart · · Score: 1

    Way back in the day when I was in University, I seem to remember learning how to perform projections of 3-d stuff onto a plane.

    I believe we used it in both Linear Algebra and in calculus.

    Have they, effectively, patented the underlying mathematics that define such thing? That would be absurd.

    The amount of prior art alone is staggering, let alone the entire branch of mathematics which gave it to us in the first place.

    --
    Lost at C:>. Found at C.
  18. Blah by Sv-Manowar · · Score: 1

    Retroactively chasing patents has been proven to not work. I doubt the 3D games industry will be challenged by this

    Google for "acacia", they tried claiming a patent on streaming video and eventually failed, in a judges ruling which basically said that patent chasing can not be done.

    Hopefully these moneygrabbers will be shot down ASAP

    1. Re:Blah by Anonymous Coward · · Score: 0
      Hopefully these moneygrabbers will be shot down ASAP


      I think that should read

      Hopefully these moneygrabbers will be shot ASAP

  19. Quaternions by emarkp · · Score: 1
    From the patent:
    2. The method of claim 1 where the step of moving the viewing space includes the step of orienting said viewing space with respect to the object, by varying at least one of pitch, yaw, and roll attitudes of said viewing space.

    Whew! I'm glad I use quaternions in my code. No gimball lock there.

    1. Re:Quaternions by Targon · · Score: 1

      Doesn't every movie do this? It is a natural evolution of an existing idea, and as such would be thrown out. It's like saying that after the invention of the wheel that using two of them together couldn't be done due to a patent.

  20. Yawn... stop worrying by Anonymous Coward · · Score: 0

    If you take it court, you can have the patent declared void.

    If you cannot be bothered taking it to court, take your game industry overseas.

    A patent is limited to the country it was issued.

  21. Cool reply by RedLaggedTeut · · Score: 1

    Hehe quaternions :-)

    But be careful not to allow "panning", since then you violate claim 1 of the patent. Basically you can have quaternions just allow you to have a sitting duck in 3D.

    --
    I'm still trying to figure out what people mean by 'social skills' here.
  22. Its just math... by xoboots · · Score: 1

    What bothers me, perhaps the most, is that this is just one of the many examples where mathematics is applied to make an existing idea that much more compelling. The idea that concepts from mathematics can be ingrained into someone's private money-making scheme seems both non-sensical on the one-hand and a complete affront to science on the other. How can we as a society allow a mathematical transformation (which is a provable FACT) to become someone's private property?

    We live in a day where the very nebulous concept of property rules every aspect of everyone's lives for the very limited benefit of those who purport to own said property. When this was limited to tangible goods it was still a regrettable but at least tolerable practice. The rather recent
    "inventions" of patent and copyright have completely destroyed the merit of the conception of property, particularly in the context of the information age.

    bah. Its like the singer said, "Don't worry -- if there's a hell below, we're all going to go."

  23. Don't look for prior art in video game industry... by AHumbleOpinion · · Score: 1

    For this patent, anything which existed publicly prior to July 20, 1984 would be considered prior art. Good luck.

    Yes but keep in mind that in 1984 video game state of the art graphics consisted of things like how to code a better line or arc drawing routines in assembly language.

  24. What I remember by MarkusQ · · Score: 4, Interesting

    I have nothing at this point (I'm working outside the US at this moment, I don't even have my notes) but it shouldn't be to hard to dig up again. Pre-google (Alta-vista + brick & mortar library) search took about a day.

    Here's what I recall off the top of my head:

    • Pretty much every projection to/from a sphere is known art to cartographers, and has been for many decades. Look in a few old cartography books.
    • Likewise, the math behind them (called projective geometry) is old hat. We found a projective geometry book from 1900 or so that spelled out the transform
    • Artists in the 1800s or so used to do paintings (called anamorphoses, IIRC) that not only used the same tricks but for exactly the same purpose. It may go back much further, but (again, IIRC) the really compelling photos we found were from work in the mid 1800s.
    Anyone who wants to is welcome to run with this, expand on it, and pass it on to anyone that it might help.

    --MarkusQ

    P.S. One further thing I recall, the laywer asked them something like "could you please specify what your patent covers--it obviously can't be the mathematics, and it can't be the technique san math, so...?"

  25. bad math by prockcore · · Score: 1

    Looking at the patent, it was filed in 1987 and granted in 1988.

    Obviously, my patent on "deriving patent age by subtracting current year from patent year" is preventing people from realizing that this patent is expired. Sorry guys.

  26. Good News, Everyone! by Eddie+the+Jedi · · Score: 1

    29 Mar 1988 + 17 years = 29 Mar 2005

    The patent expires on Tuesday.

    --
    The dog ate my .sig quote.
    1. Re:Good News, Everyone! by 91degrees · · Score: 1

      Interesting, but canthey still file suit for infringements at a time when the patent was still valid?

  27. jeez by Anonymous Coward · · Score: 0

    o great what's next? Someone saying he owns the rights of the word 3D?

  28. Let's see how long it takes... by Anonymous Coward · · Score: 0

    ... to find a connection from AVG to Microsoft! They probably want to hurt Sony to ensure the success of Xbox 2.

  29. Flight Simulators by muck1969 · · Score: 1

    Flight Simulator for the Apple II and TRS-80 came out in 1980.

    http://fshistory.simflightcom/fsh/index.htm (pops).

    Battlezone was in the arcades in 1980.

    --
    m.mmm..myyy ... sssissxxxtthh bbboottle offf mmmmmoouunnnttain ddeeewww.. in thhe pppassst ffffif