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Are Video Game Patents Next?

MarcOiL writes "Gamasutra is running an article titled It's Just a Game, Right? Top Mythconceptions on Patent Protection of Video Games where two IP lawyers try to convince the videogame industry of patenting everything in sight: ideas, technical contributions, etc. They show as an example a Microsoft patent on Scoring based upon goals achieved and subjective elements. They also have created a weblog, The Patent Arcade, to promote their business. Will this be the real end of innovation in videogames?"

19 of 443 comments (clear)

  1. D&D as Prior Art? by ect5150 · · Score: 3, Insightful

    I would imagine any D&D would be prior art in a general games category? MSoft wasn't exactly the first company to get into games. I'm not sure how they can get a pantent on how points are awarded. Any D&D DM has subjective power to award points, and MS didn't exactly put D&D out there.

    --
    I have never let my schooling interfere with my education.
    1. Re:D&D as Prior Art? by gowen · · Score: 3, Insightful
      I would imagine any D&D would be prior art in a general games category?
      Then they'll just add the words "using a computer" to each of their claims.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    2. Re:D&D as Prior Art? by Java+Pimp · · Score: 2, Insightful

      I would imagine any D&D would be prior art in a general games category? MSoft wasn't exactly the first company to get into games. I'm not sure how they can get a pantent on how points are awarded. Any D&D DM has subjective power to award points, and MS didn't exactly put D&D out there.

      You seem to have missed the key prhases: "on the internet" or "using a computer". Those two phrases alone make the idea new and unique and prior art becomes moot... Atleast that's how it seems these days...

      --
      Ascalante: Your bride is over 3,000 years old.
      Kull: She told me she was 19!
  2. Re:Video games... by Spad · · Score: 2, Insightful

    You mean until EA starts patenting everything in sight.

  3. Perhaps I'm missing something... by agraupe · · Score: 4, Insightful
    But if there are patents on videogames, would it not stimulate the production of original games? If you couldn't make a game based on a certain set of ideas, wouldn't you be forced to create an original game?

    Note: I don't agree with software or videogame patents, because I think they screw the consumer in the end by providing a crappy product, at likely a high price. But still, that last sentence made no sense.

    1. Re:Perhaps I'm missing something... by bersl2 · · Score: 2, Insightful

      You don't have to actually produce an implementation of the idea in a patent IIRC (obviously, IANAL). You just have to show that you are taking steps towards an implementation, not that you actually produce one. So, if Duke Nukem Forever contained patented software components, it could be argued that they are making an attempt to bring an implementation to market, hence the patents on those ideas would still be valid.

    2. Re:Perhaps I'm missing something... by grasshoppa · · Score: 2, Insightful

      But if there are patents on videogames, would it not stimulate the production of original games? If you couldn't make a game based on a certain set of ideas, wouldn't you be forced to create an original game?

      As unpopular an opinion as it is now a days, the good creative content is often built on older creative content. For instance, we couldn't have had hl/hl2/cs with out id and doom.

      Interesting mental exercise: Imagine a world where ID DID patent Doom and it's methods.

      Imagine patents on books. Or, more telling, on scientific works. That's what this amounts to: Creating games and the like are creative, but also utilize a very scientific method of using the work of others to further your own.

      Incidently, this is also why everyone is against software patents. It will kill our software design industry.

      --
      Mod me down with all of your hatred and your journey towards the dark side will be complete!
    3. Re:Perhaps I'm missing something... by cowscows · · Score: 4, Insightful

      The problem is, patenting things like "ideas", and "gameplay" can get a little hazy. Add in the innate human brain's ability to detect similarities and patterns, and you'll be seeing infringement everywhere you look. Everything is built upon something else to some degree. And if they don't get you with a gameplay patent, they'll trip you up with some patented technical detail in your programming.

      What if the guys who made marble madness had patented "Using an electronic input device to control a digital sphere through the visual representation of a three dimensional world"? I'm no patent lawyer, so I don't know how much sense that makes, but it reads about as basic and vague to me as most of the patent summaries I browse do.

      By that measure, things like bowling games or Super Monkey Ball could be threatened. Is there a connection between Super Money Ball and marble madness? Yeah, on a really superficial level. Do the games play at all alike? Nope. Were the designers inspired by Marble Madness? Maybe. Did they ruthlessly steal expensively developed ideas from the Marble Madness developers? No.

      Even Katamari Damacy could be argued to fall under a patent like that. And that's generally considered one of the most fun, original games of the past year.

      I'm going to agree that any kind of software patents are going to be very harmful to the industry as a whole. And just shifting the current patent system to something like video games is going to pretty much be death to it.

      The lawyer's argument is basically, getting patents is a way for the current players to make more money and cement their position on top of the biz. You can't seriously make the argument that, in this case, patents will spur on innovation, because there's been leaps and bounds of innovation in the relatively patent free video game universe since its inception.

      --

      One time I threw a brick at a duck.

    4. Re:Perhaps I'm missing something... by AllUsernamesAreGone · · Score: 2, Insightful

      Then, basically, you'd be able to patent something now which cannot possibly be produced until the future, then act like you're making steps towards it?
      Yup. this one for example - sony patenting a technology that they themselves admit is just IP grabbing: "There were not any experiments done," she says. "This particular patent was a prophetic invention. It was based on an inspiration that this may someday be the direction that technology will take us."

      I would find it funny if it didn't nauseate me.

  4. Patents by oskard · · Score: 2, Insightful

    Patents are provided to people of the United States (and other countries) to hold a 'temporary monopoly' on a product or idea. They are used to encourage developers to create things without their ideas being stolen. This enhances the level of development in the country as a whole, and is good for our economy and society.

    However, video games don't give back the same benefits as say, food, energy and transportation. A fellow programmer once said to me "What if someone had a patent on the First Person Shooter?" Imagine how dead development would be in the video game genre!

    --
    Sigs are for Terrorists.
    1. Re:Patents by CastrTroy · · Score: 2, Insightful

      It already is dead. Because all anybody produces i First Person Shooters. Patents might actually increase development because developers would actually be forced to think of new ideas.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  5. John Carmack won't be happy with this :( by Anonymous Coward · · Score: 1, Insightful

    Patents are a bad thing. I fully agree with John Carmack on that and I applaud him for releasing all his engines for free.

  6. Re:Aren't they already here? by lisaparratt · · Score: 3, Insightful

    Surely there's oodles of prior art back on the old 8-bits?

    I fondly remember invaderload on Alpha Centauri!

  7. Re:yes by Adrilla · · Score: 2, Insightful

    No, you'll just have one company making 50 incarnations of the same goddamn game, and no motivation to change that.

    --

    "Plans are for fools! Oglethorpe, the plutonian (Aqua Teen Hunger Force)
  8. What innovation? by faloi · · Score: 2, Insightful

    Will this be the real end of innovation in videogames?

    I didn't realize we still had innovation. I thought we had three or four basic games with improving graphics, different controls and the same generic UI. Don't get me wrong, I really enjoy a lot of the games out there nowadays. But I haven't seen something real innovative in a while.

    --
    "It is a miracle that curiosity survives formal education." -Albert Einstein
  9. Re:Prior art available by snorklewacker · · Score: 2, Insightful

    Who gives a shit about prior art? What if the concept really is original? Do they deserve to sit on it and squeeze everyone else for 20 fucking years for it?

    This sort of thing needs to stop NOW. Game companies that take out patents need to be boycotted when the word gets out to gaming fan sites, existing disks need to be returned to them in pieces.

    But it won't happen. I guarantee it will never happen. We will bend over and ask for it harder and deeper once they dangle a few more shiny objects in front of us. And it'll be our fault. Fuck it, I think I'll still be allowed to go outside and have fun. But that will probably all be fenced off too.

    --
    I am no longer wasting my time with slashdot
  10. Question by Anonymous Coward · · Score: 1, Insightful

    Since when has a discovery been patentable subject matter?

  11. Re:Human patents? by Anonymous Coward · · Score: 1, Insightful

    if they patented the gene sequence, couldn't someone argue that it is not patentable since its a natural phenomena (that the sequence occurs).

    at least that is what I'm getting from reading from the uspto site at...
    http://www.uspto.gov/web/offices/pac/doc/general/i ndex.html#whatpat

  12. Parasites. by John+Carmack · · Score: 4, Insightful

    I'm proud that there is "a relative dearth of patent applications for the video game industry, especially considering how technology-dependent the video game industry is, and given its size in terms of annual sales."

    Before issuing a condemnation, I try hard to think about it from their point of view -- the laws of the land set the rules of the game, and lawyers are deeply confused at why some of us aren't using all the tools that the game gives us.

    Patents are usually discussed in the context of someone "stealing" an idea from the long suffering lone inventor that devoted his life to creating this one brilliant idea, blah blah blah.

    But in the majority of cases in software, patents effect independent invention. Get a dozen sharp programmers together, give them all a hard problem to work on, and a bunch of them will come up with solutions that would probably be patentable, and be similar enough that the first programmer to file the patent could sue the others for patent infringement.

    Why should society reward that? What benefit does it bring? It doesn't help bring more, better, or cheaper products to market. Those all come from competition, not arbitrary monopolies. The programmer that filed the patent didn't work any harder because a patent might be available, solving the problem was his job and he had to do it anyway. Getting a patent is uncorrelated to any positive attributes, and just serves to allow either money or wasted effort to be extorted from generally unsuspecting and innocent people or companies.

    Yes, it is a legal tool that may help you against your competitors, but I'll have no part of it. Its basically mugging someone.

    I could waste hours going on about this. I really need to just write a position paper some day that I can cut and paste when this topic comes up.

    John Carmack