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Microsoft Sues UK's Datel Over Controllers

nathanielinbrazil writes "Microsoft has sued a British manufacturer over the infringement of four of its patents for Xbox game controllers. The suit was filed in Seattle, Washington, and Datel has yet to respond. Datel is a United Kingdom company with a US unit and has produced two specific controllers — the TurboFire and WildFire — that Microsoft wants stopped." The infringing patents are over "portions of a gaming controller" and "portion of a gaming input device having an illuminated region."

22 of 109 comments (clear)

  1. Hey, at least it's actually hardware by ShadowRangerRIT · · Score: 4, Interesting

    As long as they limit their suits to infringements on hardware patents, I'm okay with that.

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    1. Re:Hey, at least it's actually hardware by TheRaven64 · · Score: 2, Insightful

      Why? I'd think something like RSA is more worthy of a patent than 'a controller that lights up'.

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    2. Re:Hey, at least it's actually hardware by canajin56 · · Score: 2, Informative

      Oops, they aren't. They are design patents, not hardware patents. I mean, obviously you couldn't patent having a light on a control to show its mode. Turbofire controllers for the NES had lights on them. What you can patent via design patent, though, is having a light in a particular spot. And handgrips in a particular shape. Analog sticks in a particular spot. And so on. Basically, you can't make a controller that has anything at all in common with the xbox controller, because it's protected by a dozen or so design patents. You'd think that if a design patent is on a design, you could only have one on a design. But that would be bad, because then you could just have your own design! No, it's important to have each button, each stick, protected by its own patent. That way, it's basically impossible to make a third party xbox controller without infringing at least a few of the design patents.

      The controller does look identical to an XBOX controller. The black/white buttons are above instead of below. But those guys are all over the place on the different official xbox controllers anyways. All the other buttons are the same, and the shape is identical. Now, design patents can only cover the ornamental portion of the design, not the function. (If the function of your device is novel, it needs a regular patent). So, you could argue it needs all of those buttons. Certainly microsoft has no claim on a diamond of four buttons, X,Y,A,B, considering the SNES has the exact same diamond arrangement of buttons, even with the same damn names! The PS1 had the same setup with 4 shoulder buttons, but they aren't the same shape, and the Datel controller copies the exact shape of the shoulder buttons. Datel could also try to argue that users of an XBOX would be used to the positions of the sticks and buttons, so that's a necessary part of the device, as opposed to simple aesthetics. However, the fact remains that the shape overall is identical, and since there are all kinds of controllers out there, you couldn't argue that the EXACT shape is a necessary part of the device.

      So, all in all, no, this isn't hardware patents. It's design patents, which are more like copyright than actual patents. It doesn't have to be a novel invention. It just has to be a distinct ornamental design. Though like other patents, they are frequently abused to cover any and all designs, regardless of aesthetics. Which makes it messy. They are difficult to defend against if your design is close to an existing design, because it can be hard to demonstrate which parts of a design are needed for functionality, and which are purely aesthetic. Especially for a controller, where the games might be designed around the assumption of a particular layout.

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    3. Re:Hey, at least it's actually hardware by rtfa-troll · · Score: 4, Insightful

      Something like RSA is certainly more important, more worthy, and in many ways better than an Xbox games controller but that doesn't mean it's more patentable.

      There are a number of fundamental things wrong with "software" patents. Firstly, software is fundamentally just ideas that you can do in your head. Anything a computer can do is something you can do but just much quicker. A patent on that is directly a patent on an idea; is a fundamental breach of freedom of thought and through that on freedom of speech. Pure software patents should be eliminated, possibly criminalised.

      A second, more practical difference is that software is intangable. Software ls much more malleable and copyable. Many different ideas come up, are used and abandoned. The original and non-obvious tests just leave far too many things that are patentable. Because there's no obvious "thing" which actually achieves a particular physical transformation, software patents end up either far too broad, covering many different variants each of which would have a separate hardware patent, or too narrow, covering a thing which can only be valuable if you force others to use it by incorporating it into some communications standard. There's can be no happy obvious way to define the limits of a software patent.

      RSA, is a particular example where a patent is really bad because it is fundamentally a patent on basic mathematics. Mathematics has never been patentable, never should have been patentable and has been proven to advance fine without any need for a patent system. Mathematics is also, in some sense "discovered" rather than invented. There just isn't the right trade off to justify such patents and no real philosophical way to justify ownership of such ideas.

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    4. Re:Hey, at least it's actually hardware by Anne+Thwacks · · Score: 3, Funny
      What you can patent via design patent, though, is having a light in a particular spot. And handgrips in a particular shape. Analog sticks in a particular spot.

      You sure as hell cant patent any such thing in the UK. However, it is possible your "design patent" is our "registered design" in which case, to infringe, the lights would have to be the same shape, colour and position, and a bunch of other sameness. So this could lead to a culture clash. I suggest fill the controllers with tea and throw them into Boston Harbour.

      "No controllers without desperation" shall be your battle cry!

      Or perhaps you should be throwing congress-critters in the harbour?

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  2. 4 + 2 = 4? by Thanshin · · Score: 4, Informative

    Specifically, four of the patents - 521,015, D522,011, D547,763 and D581,422 - relate to "portions of a gaming controller", another two, D563,480 and D565,668 cover a "portion of a gaming input device having an illuminated region"

    the infringement of four of its patents for Xbox game controllers.

    1. Re:4 + 2 = 4? by Anonymous Coward · · Score: 4, Funny

      Specifically, four of the patents - 521,015, D522,011, D547,763 and D581,422 - relate to "portions of a gaming controller", another two, D563,480 and D565,668 cover a "portion of a gaming input device having an illuminated region"

      the infringement of four of its patents for Xbox game controllers.

      Interrogator: I'll ask you one more time. How many patents do you see? Make it easy on yourself.

      Patent Lawyer: THERE. ARE. FOUR. PATENTS!

  3. Well it is the same thing.. by Mekkah · · Score: 4, Informative
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  4. Re:Ok, really? by Liquidrage · · Score: 2, Insightful

    Having looked a little deeper, the patent claim is all about those items in regards to the Xbox, which they hold patents for. Not just a controller with lights. But one for their system. This is basically, "If you want to build stuff for the system we patented, you need to license that from us".

  5. Who would seriously defend Datel? by grapeape · · Score: 3, Insightful

    Datel has been sued 3 times in less than a year...by Sony over their battery tool, Microsoft over the controller and a pending suit by Nintendo over the action replay (which uses stolen code from Nintendo). Even the open source community should find it hard to support Datel after proving they have no problem stealing from them as well (with the pandora battery they weren't even smart enough about it to remove comments). Consumers get screwed as well when they find cheap products they purchased no longer work once the holes are plugged and devices are rendered useless (PSP and DS action replays to be specfic). This is an attempt to stop 3rd parties, all 3 have licensing available for that, its about stopping a rather unscrupulous company that will stop at nothing to rip off manufacturers and consumers alike.

    1. Re:Who would seriously defend Datel? by Hatta · · Score: 3, Insightful

      If Sony, Nintendo, and Microsoft didn't lock down their devices, Datel wouldn't have to sell lock picks to restore control of these devices to their owners. Sony, Nintendo, and Microsoft are the bad guys here.

      Obviously Datel should credit the authors of the Pandora battery software. But otherwise, their products serve a need (which has been ignored or refused by the manufacturers). When the manufacturers disable these device, blame them, not Datel.

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    2. Re:Who would seriously defend Datel? by Hatta · · Score: 2, Insightful

      If as a gamer your not willing to accept their sandbox, you are always free to skip the device and buy something else.

      I'm also free to unlock my property and use it as I see fit.

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  6. Re:Yay! by Drakkenmensch · · Score: 2

    Exactly what did they invent? Game controllers have existed for decades, and remote controls have had feedback LEDs in them for even longer.

  7. Justified "stealing" for interoperability by tepples · · Score: 3, Informative

    the action replay (which uses stolen code from Nintendo)

    Accolade used "stolen" code from Sega to get the console to recognize video game cartridges. Sega sued and lost. Post-DMCA, Static Control Components used "stolen" code from Lexmark to get the printer to recognize toner cartridges. Lexmark sued and lost.

  8. Re:Yay! by Areyoukiddingme · · Score: 3, Insightful

    Designed, sure. Invented? That word, I do not think it means what you think it means.

  9. Re:Ok, really? by RalphSleigh · · Score: 2, Interesting

    Actually, if the patent is about the way one segment lights up to show which controller it is (and which bit of a splitscreen setup you are), thats something that is really useful and I have not seen in a controller before the 360 one. I wouldn't mind if they had a patent on that (though the Wii does something similar with the 4 blue leds at the bottom of each remote, so maybe not)

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  10. Re:Yay! by Movi · · Score: 2, Informative

    Umm, no they're not. Only the dash (huge green X) is lit up, or rather flashes on certain occasions.

  11. Re:Yay! by RichardJenkins · · Score: 2, Insightful

    I suspect that the creative ingenuity and engineering effort involved in solving this problem is *not* sufficient to warrant a monopoly on putting little lights on a game controller. Being the first person to do something useful shouldn't give you a right to prevent other people copying it.

    Now, if there was some major hurdle to adding lights to a game controller I hadn't realised, and Microsoft have somehow solved it: patent away!

  12. Re:Yay! by rtfa-troll · · Score: 3, Informative

    You are probably right that this isn't a patent troll case. An interesting thing not mentioned in the article is that it seems that Datel sued Microsoft first. I guess this is Microsoft's way of saying "don't sue us; we're bigger than you; due process will not apply here".

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  13. Re:Ok, really? by NemosomeN · · Score: 2, Informative

    I think the real issue is that they don't want rapid fire buttons to give unfair advantages in online play, so they want to stop them using whatever means necessary without opening them to liability (As banning controllers with a certain vendor id would do). And also to avoid putting in place a stop-gap that the vendor could circumvent (Fake Vendor ID). I also think the USB license agreement might forbid both methods, blocking and faking IDs.

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  14. Content of the patents in question: by Dread+Pirate+Skippy · · Score: 4, Insightful

    I love all the insightful comments people are making on this article. It's nice to know folks are making sure their positions are valid, not just deciding that Microsoft is always wrong, and that this is no exception. Anyway, the patents are all valid and Datel is clearly at fault, unless prior art exists that proves the patents are invalid in the first place, which is unlikely. MS is not claiming to have invented controllers or lights on controllers, that's stupid and you're stupid for thinking it. All six patents mentioned in the article are design patents. They have nothing to do with the actual functionality of the controller. Rather, they've patented the 'ornamental design for an object having practical utility', like the shape of a Coca-Cola bottle, or a new font. If I create a font and obtain a design patent, I'm not claiming to have invented text, only to have made a cosmetic change that does not have any impact on the functionality of the original invention. Even that PS3 controller that some other poster linked above infringes, because the design is what's in question, NOT the functionality.

  15. Not in Best Buy by tepples · · Score: 2, Insightful

    you are always free to skip the device and buy something else. If your looking for totally open solutions there are things like Pandora, Gamepark, etc.

    Why don't I ever see major-label titles for any totally open platform other than the PC? Must I carry two devices, one exclusively for major-label games and one exclusively for indie games? And why don't I ever see any totally open platform other than the PC for sale in Best Buy?