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RuneScape Developer Victorious Over Patent Troll

An anonymous reader writes "Gamasutra reports that a US District Court judge has dismissed the patent infringement lawsuit brought against RuneScape developer Jagex discussed previously on Slashdot. Judge David Folsom last week dismissed online chat company Paltalk's claims that Jagex infringed on Paltalk patents relating to online network communications. The judge's ruling only resolved Jagex's case. Microsoft settled with Paltalk for an undisclosed sum in 2009 after the online communication technology company sued over the patents in a $90 million claim. That settlement opened the door to Paltalk's claims against other game companies, including Blizzard, Turbine, SOE and NCSoft. Paltalk alleged in the Jagex-related suit that it had suffered 'tens of millions of dollars' in damages. Jagex CEO Mark Gerhard said in a statement, 'It is exceedingly unfortunate that the US legal system can force a company with a sole presence in Cambridge, UK to incur a seven-digit expense and waste over a year of management time on a case with absolutely no merit,' and that Jagex 'will not hesitate to vigorously defend our position against any patent trolls who bring lawsuits against us in the future.'"

28 of 89 comments (clear)

  1. So would you say by Anonymous Coward · · Score: 2, Funny

    RuneScape managed to run+escape the patent troll?

    1. Re:So would you say by jpate · · Score: 2, Funny

      How Insightful, Interesting, and Informative of you!

  2. Money by Anonymous Coward · · Score: 3, Interesting

    Microsoft has money, why do they always settle with patent trolls? They can afford to fight, and probably win, a lot of these cases. Perhaps the trolls know this and agree to settle for pittance, rather than getting in a court battle.

    1. Re:Money by kailoran · · Score: 3, Insightful

      If Microsoft fought patent trolls they would be in effect fighting the entire patent system, and could end up accidentally overthrowing all software patents. That wouldn't be good for Microsoft.

    2. Re:Money by 91degrees · · Score: 3, Interesting

      I think this is Microsoft's reason. I think that "That wouldn't be good for Microsoft." is simply wrong.

      Microsoft is sued a lot for patent infringement in suits with various levels of merit. Even if they win, they lose since it costs money to defend these cases.

      Microsoft will occasionally licence their patents and will occasionally sue for patent infringement bt this is a very small part of their business. It's also something that is largely avoided. Microsoft has big enough PR problems withut being accused of being a patent troll as well. They lose a lot more in patents litigation than they gain. Even being used to support their monopoloy only has limited success. TomTom's settlement didn't require TomTom to switch to Windows CE, and it would not have made sense for them to do so since that would involve porting to a very different architecture. The easiest solution for most violators is simply to stop using the patented technology.

      Mostly they cross-licence. The effect of a eliminating patents would be that they could still use their partners' technology but wouldn't need to waste time on formal agreements.

      So the result of patents being abolished for software would be that Microsoft would lose a little in litigation, gain a lot in reduced defensive legal costs, and still have access to a lot of technology.

  3. Re:I know what will make it better by elwin_windleaf · · Score: 4, Interesting

    A simple way to donate back would be to buy one of their upgraded accounts for a little while. While RuneScape is a free MMORPG, I think their business model revolves around these upgraded accounts, and that would probably be the easiest way to support them.

    Otherwise, their corporate site has a contact page (http://www.jagex.com/corporate/Contact/contact.ws) with a bunch of email addresses. I imagine that any one of them would work, especially if the message was "I have this money I'd like you to have". :)

  4. Did anyone READ the patents? by evanism · · Score: 5, Interesting

    What a monstrous pile of drivel. Pages and pages of confused circular talk couched in language so broad you could apply it to anything you want. It's insane when a patent is awarded for something like this, when it was designed for a lightbulb, or an electric motor or gunpowder, but this pseudo-IT-speak is dreadful. I would say the lawyer who wrote it didn't know what the Internet was or how it operates. Bloody American patent system

    --
    Just bought a new quantum computer, but I'm uncertain how it works.
  5. New Boss by SnakeEater251 · · Score: 5, Funny

    In a few weeks, Jagex will release an update to Runescape that will allow you to fight a brand new boss, Paltalk the giant Troll.

    --
    -FB
    1. Re:New Boss by Anonymous Coward · · Score: 2, Funny

      Paltalk the giant Troll.

      Will he be some worthless lvl 1 cannon fodder that only drops poop? ;)

  6. because they use the trolls to assist them by YesIAmAScript · · Score: 4, Interesting

    Look at the Immersion rumble lawsuit. MS settled with Immersion, part of the settlement was that Immersion was to turn their guns on Sony and then pay MS back with the money Immersion got from Sony.

    So MS bolster's Immersions patents by settling and making them look valid, also giving Immersion money to sustain a lawsuit against Sony. MS gets to help crimp Sony's business and help keep out other companies from the gaming market without looking like a patent troll themselves. Well, until the truth leaks out.

    Short version: they're scum.

    http://blog.seattlepi.com/microsoft/archives/147162.asp

    --
    http://lkml.org/lkml/2005/8/20/95
    1. Re:because they use the trolls to assist them by GF678 · · Score: 2, Informative

      We needed confirmation that MS are scum?

      Actually we do. Microsoft has somehow managed to convince quite a lot of people that they are different to the old scummy Microsoft of the 90s. People need to be reminded of the fact they're not, they just hide it well.

    2. Re:because they use the trolls to assist them by sjames · · Score: 3, Interesting

      I've never understood it. Most ex cons have trouble getting a decent job, yet MS has criminal convictions all over the globe and rakes in the bucks.

    3. Re:because they use the trolls to assist them by Alistair+Hutton · · Score: 4, Insightful
      Immersion's patents were very, very valid, they didn't need Microsoft settling with them to make them look any more valid. Why do you think Nintendo used a different method of achieving rumble with the N64?

      The Immersion patents were for an actual physical invention, the proper and just use of a patent application, that both Microsoft and Sony blatantly ripped off.

      --
      Puzzle Daze is now my job
    4. Re:because they use the trolls to assist them by Anonymous Coward · · Score: 2, Interesting

      How can an unbalanced weight on a motor's spindle be a valid patent? Controlling the wobble frequency is a function of rotation speed, something women's sex toys have been doing for decades.

    5. Re:because they use the trolls to assist them by MightyMartian · · Score: 2, Insightful

      How do they hide it well? Every once in a while (usually once a year), they'll send the latest FOSS quisling over to Slashdot to tell us how Microsoft really loves open source, but the rest of the time they, through their employees and business partners, they're taking potshots at FOSS, in particular Linux, which they still seem to be in absolute terror of, or they have Balmer reiterating his unsubstantiated patent claims. Then, at least every eighteen to twenty four months they demonstrate quite openly just how evil they really are by something like the OOXML scam.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  7. Re:what i want to know by subanark · · Score: 5, Interesting

    Maybe you've stopped playing, but runescape is a game aimed at middle school and high school kids. Its simple, has a free ad supported version along with a low cost subscription non-ad version. It can be played from public computers without needing to install any software right in your browser. It provides the standard grind for rewards (with skill points you get to keep forever).

    With runescape you get a good deal for what you pay for. It is falls in that nice nitch between causal (farmville) and hardcore (WoW) MMO gamers.

  8. Re:I know what will make it better by Ndymium · · Score: 5, Funny

    Strange. I have all this money lying around on a dormant account in the Bank of Nigeria that I'd like to donate, but nobody wants to take me seriously!

  9. No U.S. presence but lots of sales? by Arguendo · · Score: 3, Insightful

    I hate patent trolls as much as the next guy, but it's a little misleading to complain about being hauled into the U.S. legal system as a foreigner. U.S. patents only have legal effect for U.S. sales. If you sell significant enough quantities to make a patent suit worthwhile in the U.S., you've got a decent U.S. presence. That said, congratulations for beating a troll in East Texas - and before trial no less. Not an easy thing to do.

  10. Re:what i want to know by ooshna · · Score: 2, Funny

    Dwarf Fortress anyone?

  11. Anyone in the US can sue a foreign company by bradley13 · · Score: 5, Interesting

    Just an anecdote here. I have a small software company in Europe. We sold our software to one customer in the USA - against the advice of our lawyer, who said to stay out of the US market. A year or so later, a person in that company who had been using our software lost her job. Her hubby had free legal services through UAW, and she could use them. So she figured she'd give it a try: sue us and claim that our software caused her to be fired.

    Needless to say, we had to look into the situation. It turns out that basically any US court, even the local court in Nowhereville, can use the so-called "long-arm statute" to claim jurisdiction - just because you sold to a customer in their neighborhood. The fact that the signed purchase contract specifies a different jurisdiction is apparently irrelevant.

    Sure, one could just not show up in court. But then you lose, regardless of the merits of the case. While any verdict might be impossible to collect, ultimately it might mean that no one from our company would dare travel to the US. It's not the kind of thing you want hanging over your head forever.

    In our case, there was a happy ending. The fact that we actually got a US lawyer to write a rather pointed letter about the stupidity of the claim was enough to get the UAW attorney to back down. Still, it could have gotten really ugly. Needless to say, we have never taken another US customer. Life is too short for this kind of crap.

    --
    Enjoy life! This is not a dress rehearsal.
    1. Re:Anyone in the US can sue a foreign company by Ihmhi · · Score: 4, Funny

      I sincerely apologize for the lawyers of our country and the foul people who would wield them.

      We've been trying to thin the lawyer's numbers for some years now, but silver prices are astronomical and there's a shortage on ammunition lately.

    2. Re:Anyone in the US can sue a foreign company by evanism · · Score: 2, Insightful

      wooden stakes and holy water?

      --
      Just bought a new quantum computer, but I'm uncertain how it works.
    3. Re:Anyone in the US can sue a foreign company by Xphile101361 · · Score: 3, Insightful

      Can't stake them through the heart if there isn't one there

  12. Not paranoid enough, think evil! by SmallFurryCreature · · Score: 5, Insightful

    MS is not SETTLING with patent trolls, it is funding them. MS can afford patent troll payouts, 90 million is peanuts to them. And even if it was 9 billion, then that would be price for burdening all their competitors with endless patent troll battles. I let the tick feed on my rich blood and release a billion offspring on my enemies who cannot afford the loss of blood.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  13. Re:I know what will make it better by arivanov · · Score: 4, Informative

    Unfortunately, most registrar's are USA based.

    So if a UK company sued in a USA court does a no-show, the troll wins by default. They can then get a court order and have the company USA assets which includes their domain transferred to them. This may include even a co.uk domain as long as it has been registered through Verisign or any of the other USA based registrars. If that is not enough they may get court orders and force any USA ISP to filter out (or deny routing) to any of the UK company servers and thus cut off any USA traffic.

    So in cases like this there are 3 options:

    1. Shut off any USA business you may have completely. That is what non-Internet companies like for example diagnostics and pharmaceutical companies making generics do. In the Internet case this is rather difficult.

    2. Pay up.

    3. Fight it on the troll's home turf

    This happens both ways by the way though the usual weapon in UK courts is not patents - it is libel and copyright. As a result a lot of USA Internet companies now filter out UK blocks altogether to minimise their libel exposure.

    --
    Baker's Law: Misery no longer loves company. Nowadays it insists on it
    http://www.sigsegv.cx/
  14. Re:what i want to know by lgw · · Score: 3, Interesting

    people still play runescape...?

    WoW has 12M subscribers, RuneScape has 10M, others are far behind. In terms of player, rather than subscribers, it's hard to get hard numbers, but Dofus claims 10M, and I hear there's a free Asian MMO with > 25M players (but can't find evidence of what game that is).

    --
    Socialism: a lie told by totalitarians and believed by fools.
  15. Not just the domains by pjt33 · · Score: 3, Insightful

    Jagex may have personnel only in the UK (I think Gerhard was being a bit inaccurate - there certainly used to be also a tiny office in London), but a large number of their servers are in the US because a large proportion of their clients are in the US and they want low latency. If those servers were seized it would mess the company up very badly.

  16. Re:what i want to know by ginbot462 · · Score: 2, Funny

    I can't find anything more recent, but Habbo Hotel is the only thing I see competing with WoW.

    http://gigaom.com/2008/06/26/warcraft-no-longer-worlds-biggest-mmo/

    ... I don't know how you suckered me into doing your research for you. Are you a grad professor? ...

    --
    Atlas Shrugged : Thematic Story :: Battlefield Earth : Organized Religion