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Worlds.com To Extend Virtual World Lawsuit To Second Life, WoW

FiveRings writes "BusinessInsider has a story about Worlds.com, a company that inherited the patent on virtual worlds from the Starlight Starbright Foundation and is taking it to court against NCSoft over the company's various MMOs. If successful, he will press on and sue the makers of Second Life and World of Warcraft as well. The article notes that the NCSoft case is being held in east Texas, which has been a favorable venue for patent trolls in the past."

23 of 106 comments (clear)

  1. Heh. by Anonymous Coward · · Score: 4, Funny

    I'm going to sue God because I came up with the concept of 4-dimensional space-time.

    1. Re:Heh. by Anonymous Coward · · Score: 2, Insightful

      Since when has prior use stopped a patent?

    2. Re:Heh. by Chris+Burke · · Score: 4, Funny

      I'm going to sue God because I came up with the concept of 4-dimensional space-time.

      Yeah! And when he defends himself, he'll have to say how many dimensions their really are to show the patent doesn't apply. Trick God into verifying string theory!

      --

      The enemies of Democracy are
  2. Fight fire with fire. by LiquidHAL · · Score: 5, Funny

    Someone needs to patent the patent troll business model and sue this guy for infringement.

    1. Re:Fight fire with fire. by Idiomatick · · Score: 2, Informative

      I tried. I put in the forms 2 years ago now but they haven't made it through yet. The reason there are so many trolls like this is because all these patents were granted in the 70s. Nobody new can troll since the patent line is like 5years long now. Everyone is just buying worthless old companies for their patents to troll with.

  3. 800-pound level 80 Gorilla by Nefarious+Wheel · · Score: 4, Funny

    Blizzard makes a few handy billion per year. I imagine they could front a defense that would make the SCO epic look like a parking infringement notice.

    --
    Do not mock my vision of impractical footwear
    1. Re:800-pound level 80 Gorilla by Draek · · Score: 4, Interesting

      Blizzard makes a few handy billion per year. I imagine they could front a defense that would make the SCO epic look like a parking infringement notice.

      Honestly, I doubt it. There's a reason IBM's lawyers are typically known as the Nazgul, they've got a reputation as the most dangerous lawyers money can buy so if they couldn't end it sooner and bloodier for SCO, chances are nobody could have.

      Add to that the fact that this is about patents instead of copyright, which are usually much more vague in their phrasing, and you'd see that *if* they do win against NCSoft, I believe Blizzard is in for some serious pain next. The US is obssessed over protecting the concept of "IP" as of late, and it shows on both laws and judgements.

      --
      No problem is insoluble in all conceivable circumstances.
    2. Re:800-pound level 80 Gorilla by EvilIdler · · Score: 4, Insightful

      OK, send in the Nazgul, then:
      http://domino.watson.ibm.com/comm/pr.nsf/pages/news.20070416_virtualworlds.html

      IBM has many projects related to virtual worlds.

  4. Patent Acquisition and Assertion by KronosReaver · · Score: 5, Informative

    Already been done.
    United States Patent Application - 20080270152 - October 30, 2008
    http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=/netahtml/PTO/search-bool.html&r=1&f=G&l=50&co1=AND&d=PG01&s1=20080270152&OS=20080270152&RS=20080270152

    Patent Acquisition and Assertion by a (Non-Inventor) First Party Against a Second Party

    Abstract

    Methods for a first party to acquire and assert a patent property against a second party are disclosed. The methods include obtaining an equity interest in the patent property. The methods further include writing a claim within the scope of the patent property. The claim is written to cover a product of the second party where the product includes a secret aspect. The methods further include filing the claim with a patent office. The methods sometimes include offering a license of the patent property to the second party after the patent property issues as a patent with the claim. The methods sometimes include asserting infringement of the claim by the second party after the patent property issues as a patent with the claim. The methods sometimes include negotiating a cross-license with the second party based on the assertion of infringement of the claim, where under the cross-license the first party obtains a license to an intellectual property right from the second party. The methods sometime include attempting to obtain a monetary settlement from the second party based on the assertion of infringement of the claim.

    1. Re:Patent Acquisition and Assertion by sabt-pestnu · · Score: 2, Interesting

      I think that Bilski might have something to say about this patent. ... were this patent not (ahem) patently for entertainment only.

  5. Re:Anonymous Coward. by fractoid · · Score: 5, Funny

    New raid instance in 3.1: Fortress of Zul'Enseesoft.

    In the heart of the desert wasteland of Tek Saas, the foreboding fortress looms. Balanced for teams of 10 to 25 players, this raid offers dynamic legal battles, devious new patent challenges and exciting new loot!

    Example Loot:

    [Attaché Case of Litigation]
    Off Hand Briefcase
    Increases intellect by 52
    Decreases social conscience by 22
    "This case looks expensive"

    [The Mighty Pen]
    One Hand Dagger
    Increases writer's strike by 28
    On use: Wraps target in red tape, immobilizing them for 4 seconds.
    "This pen is very sharp."

    --
    Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
  6. Asking for it? by 1WingedAngel · · Score: 4, Insightful

    IANAL, but I can't see where rattling your saber at a couple of big dogs while suing the small fish isn't begging to have some timely amicus briefs filed by the opposition.

    I'm pretty sure that's why the more successful patent trolls get a bunch of smaller cases on the books as precedent before going after the guys with real money.

  7. Oh please, lemme dream... by Opportunist · · Score: 4, Funny

    Imagine this happening to WoW. Now, imagine Blizzard deciding to say "ok, we'll withdraw from the US market. Btw, dear folks who have been playing for 5+ years now and lose everything that's dear to you, THIS is the company that made us shut down. Maybe you find something creative to do with your life".

    Who said mob rule has to be a bad thing?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  8. Prior art by Nominar · · Score: 3, Informative

    Patent filed in Aug 3 2000. Prior art in the form of launched MMORPGs: Dec 31 1996 The Realm Online Sep 30 1997 Ultima Online Sep ?? 1998 Lineage: The Blood Pledge Mar 16 1999 Everquest Oct 31 1999 Asheron's Call Source: http://www.mmogchart.com/analysis-and-conclusions/

    1. Re:Prior art by Psychochild · · Score: 4, Informative

      Unfortunately, the creator of MMOGchart.com doesn't consider Meridian 59 worthy of mentioning, but it was launched in September, 1996.

      However, the problem is that the patent is an extension of a previous patent, number 6,219,045, dated November 12, 1996. A proper defense would require that that you go after that patent as well, as I was told by lawyer I know. There's still prior art to be had, but it's not quite so easy to find it.

      If you want to read more about the NCSoft lawsuit issues and patent problems relating to game development, I posted up about this a little while ago on my professional MMO development blog: http://www.psychochild.org/?p=540

      Have fun.

      --
      Brian "Psychochild" Green
      MMO developer's blog
    2. Re:Prior art by daten · · Score: 2, Informative

      The company doing the suing also launched their 3D MMO product in 1996.

  9. 3 AM........sound asleep.... by Anachragnome · · Score: 4, Funny

    I thought I had stumbled into another gamer's nightmare (I have them often)....

    Lead Attorney for the Plaintiff: Your Honor, I intend to prove that NCSoft has intentionally, and willfully, violated the....

    Lead Attorney for NCSoft: FUCK YOU!!

    Lead Attorney for the Plaintiff: Your Honor! I must strenuously object!

    Your Honor: Fuck you!

    It seems one man's nightmare can be another man's wetdream......

  10. Prior art? Try 1991 by WCMI92 · · Score: 2, Informative

    http://en.wikipedia.org/wiki/Neverwinter_Nights_(AOL_game)

    Neverwinter Nights, the first graphical MMORPG, had all the elements most modern ones have (though far cruder of course), ran from 1991 to 1997.

    There are, of course MUD's far older than that which were persistent worlds.

    --
    Corporatism != Free Market
  11. Very Broad Patent by infalliable · · Score: 3, Insightful

    Reading their patent claims, they're patent is VERY broad and IMO pretty obvious.

    It's basically saying that the client passes avatar location and heading to the server, and the server passes the info on all other nearby characters back to the clients. Thinking about the problem for a couple seconds, you should be able to determine that it MUST work this way.

    Any MMO game with a central server pretty much has no option other to work this way.

    ------
    End software patents!

  12. Re:Home by mabhatter654 · · Score: 2, Insightful

    The problem is that IP is like the One Ring. You can fight off one army of lawyers, but then many years later another picks it out of the battlefield and starts the cycle again. Like the One Ring IP always corrupts those who seek to use it. There's no "Mt. Doom" for IP to actually go to die.

  13. Some of you don't realize how old Worlds.com is. by daten · · Score: 2, Informative

    Worlds.com (or worlds.net) isn't a patent troll, like Caldera (who bought SCO before they started suing).

    I remember participating in Worlds.com back in 1996. How many of your precious 3D MMO environments existed then?

    http://web.archive.org/web/19961108105356/www.worlds.net/news/press_releases/press-101.html

    I think many of you are reacting emotionally to any threat against your favorite current games. But please do a little research before the name calling. As much as I disagree with intellectual property and software patents, this one is at least slightly more legitimate than most.

  14. Re:Some of you don't realize how old Worlds.com is by Duradin · · Score: 2, Informative

    Holding the case in East Texas? Check.
    Sat on the patent for at least five years? Check.
    Suing over a patent that is obvious enough for multiple entities to independently and simultaneously develop? Check.
    Testing the waters with the little guys first? Check.

    Walks like a duck, quacks like a duck and looks like a duck. Or in this case patent troll.

    How much was your check for astroturfing?

  15. I'm glad they added the 2 largest. . . by JSBiff · · Score: 2, Insightful

    I like it when companies pursuing litigation of this sort try to attack the largest companies first. Know why? Small companies will often have to settle because they can't afford to fight the suit. Once you sue the two largest vendors, suddenly there is a whole lot of money behind the defense. With Blizzard now part of the lawsuit, I suspect Worlds.com is gonna get beat down in the court room. Even if they are not, it won't be just because the defendents didn't have enough money to mount a defense. If they win, it is more likely that there was some kind of legal merit to their suit (not necessarily guaranteed, mind you, but at least the case should be rigorously challenged by decent defense lawyers).