Activision Blizzard Sued For Patent Infringement Over WoW, CoD
New submitter thunderdanp writes with news that a company called Worlds Inc. has filed a patent suit against Activision Blizzard, targeting World of Warcraft and the Call of Duty series. The patents in question describe a "System and Method for Enabling Users to Interact in a Virtual Space." Worlds Inc. is quite glad that "their" technology has "helped the businesses of virtual worlds gaming and the sale of virtual goods to grow into a multibillion-dollar industry" — but now they want a cut.
They filed in Texas.
What political party do you join when you don't like Bible-thumpers *or* hippies?
Sounds familiar... is this a repost or did they sue other companies already? If the latter, what happened to those cases?
by Anonymous Coward: I, for one, welcome the shift from car analogies to pizza analogies. um.. overlords?
"Worlds Inc. filed a patent infringement lawsuit against Activision Blizzard, Inc., Blizzard Entertainment, Inc. and Activision Publishing, Inc. in the United States District Court for the District of Massachusetts on March 30, 2012."
Sorry was playing 0avatar, 0moriah, and other such games on PLATO in the 1970s. Hardly a deviation from the description of their invention.
How did they even get a patent for this? They basically described every multiplayer video game for the past 20 years.
Filed: March 19, 2009
http://www.worlds.com/
It's mostly empty now. http://www.youtube.com/watch?v=iqel0k0NzNU has a short walk around of something before Second Life came around, and that still runs well on 56k.
Modern graphics cards all use 4*4 matrix multiplication. This patents only focuses on 3d. That math is a lot harder.
There is this obscure game called Everquest that does all of the described elements of the patents. Everquest released March 16th, 1999. The aforementioned patent was filed March 19th, 1999.
I see that they made a spinoff company to litigate with so that when they lose they don't lose the shirts off their back when they lose, which they will.
Don't know something? Look it up. Still don't know? Then ask.
Minus the penalties for their creation's flaws. Let's see addictions, gold-spammers, broken relationships, a few murders.
Eleventy-million dollars should be sufficient. That's forty two gallons of Latinum.
really really ancient unix network multiplayer game
----
The object of the game hunt is to kill off the other players. There are no rooms, no treasures, and no monsters.
Instead, you wander around a maze, find grenades, trip mines, and shoot down walls and players. The more players
you kill before you die, the better your score is. If the -m flag is given, you enter the game as a monitor (you
can see the action but you cannot play).
hunt normally looks for an active game on the local network; if none is found, it starts one up on the local host.
The location of the game may be specified by giving the host argument. This presupposes that a hunt game is
already running on that host, see huntd(6) for details on how to setup a game on a specific host. If more than one
game if found, you may pick which game to play in.
The symbols on the screen are: /\ diagonal (deflecting) walls /|\
-|+ walls
# doors (dispersion walls)
; small mine
g large mine
: bullet
o grenade
O satchel charge
@ bomb
s small slime
$ big slime
>^v you facing right, left, up, or down
}{i! other players facing right, left, up, or down
* explosion
\|/
-*- grenade and large mine explosion
----
chat was possible using other unix utilities so it was not part of the game
In other words: "Give me money for free! I don't feel like making an honest, productive living!!!"
I have left slashdot and am now on Soylent News. FUCK YOU DICE.
It's obvious that the lawsuits are ridiculous but what's most ridiculous is they are allowed to file after this many years. Usually there's a three year cut off. These companies, and some of them are the majors, sit back and let the totals add up until there are businesses valued in the hundreds of millions to billions of dollars to sue. It's a blatant way of preventing the offender from modifying their product to avoid being sued and to rack up as much damages as possible before filing. Some minor tweaks in WoW might have avoided the lawsuit so they sit quietly until the damages are massive then sue. Without reading the patents it's hard to say but some of their claims involve things that have been standard in gaming for more than 20 years. The biggest advance in WoW was faster computers and connections allowing multiple players to interact. Also how could it have "helped the businesses of virtual worlds gaming and the sale of virtual goods to grow into a multibillion-dollar industry" when the ones being sued were never aware of the patents in the first place. It's like patenting the wheel then keeping it to yourself then claiming the car companies stole your design.
WOW was released at the end of 2004. The patent in question was filed in 2009.
There must be something mighty good in the details of the patent to cover the fact that WOW is prior art.
But then you never know
The patent was filed March 19, 2009 and only describes the basic steps to display avatars in a MMO setting. WoW was released in 2004 and it certainly hasn't been the first (3D) MMO. The abuse seems so obvious that I don't think a trial would last long. And AFAIK the loser now has to pay the costs of the proceedings.
you should have a relatively short time limit to recognize your patent being used without permission and sue for it. waiting to see which business became profitable off you should invalidate your claim.
insensitive clod overlords obligatory xkcd car analogy russian reversals whoosh pedant fanbois ftfy in 3...2...1..PROFIT
but this "litigation" problem needs to fixed /now/.
- A Blizzard fanboi (pre-activision) and EU resident.
"Vi förvandlar västvärlden till en plats FN vill skicka trupp till" - PST/Q (Swedish)
http://massively.joystiq.com/2010/04/27/worlds-com-vs-ncsoft-lawsuit-settled/
from the article:
"Worlds.com president and sole full-time employee Thomas Kidrin has simply exhausted his resources. Kidrin was recently quoted as saying "if we do not develop any new projects, we would have to severely diminish our operations or halt them entirely,"
They're fucking awful. They're shit! They're fucky screw!
This patent goes back to 1995. This application is a continuation of and claims priority from U.S. patent application.
http://en.wikipedia.org/wiki/Continuing_patent_application
The Kruger Dunning explains most post on
Those of us who worked and actually innovated in VR in the late 80s and early 90s have always been a little worried about Worlds, as they liked to run off to the patent office with all the ideas the collected from the rest of us. All of their patent claims existed in other products - even their first patents were an attempt to claim basic VR tech shown several years before by several groups, including the one I worked with (OnLive Traveler). There is plenty of prior art to invalidate these patents, but in our glorious patent system it will cost millions to do so. And like SCO, their legal zombie remains keep trying to extend old claims and collect something for the little invalid patent portfolio that was passed on when they shut down. The software patent apocalypse continues....
MUDs moving to a graphical setting rather than text only. Obvious.
FPS gaming was actually using a 3d virtual world (albeit small worlds) before this patent was filed for. Doom was released in 1993 and featured 2-4 player coop and deathmatch modes in a 3D virtual world.
This is gonna drag on a bit but its gonna get kicked back to the Patent office for re-examination first, and should (rightly) fail.
I had completely forgotten about this company, but they had a 3D chat program back in the mid-90's called Worlds Chat. It had some innovative features like proximity filtering of messages. There was another program that came out a little later that allowed you to claim land and build structures on it, even allowing you to upload surface map image files for custom structures. It had proximity filtering of structure and map detail downloading. But it was horribly slow on dial-up and the average cpus of the time.
IANAL, but IMHO they could very well have a valid claim.
Wow. Just wow. After reading the claims on the USPTO site it boggles the mind that such a patent could be granted in 2009. As a game developer myself, i can guarantee that every single thing mentioned in that patent has been done *at least* 10 years prior - probably more like 15 or 20. In addition, the history of the patent application (ie. the back and forth between applicant and examiner - all public record) is very illuminating - the arguments (for the claims being valid) being made are laughably simplistic, and the prior art considered is mostly limited to existing patents. Moreover, I find it *fucking offensive* that parasites like this can try to claim ownership over what is (for the most part) an extremely open, patent free, and innovative industry (albeit moreso in technology, than game ideas!). Ever been to GDC? Each year, hundreds of developers from competing companies will share the tips and tricks used in their latest technology, with no expectation of financial compensation. I have *never* heard a game developer complain that someone else was using their "invention" - much more likely they'd be flattered. The success of the games industry is in fact, a great counter-argument to those who argue that the elimination of patents (software or otherwise) would be catastrophic to inventors. Why are these patents being approved, and what recourse against the applicants do we have for applications that (presumably deliberately) ignore prior art - not to mention the waste of taxpayer money involved?
There is plenty of prior art to invalidate these patents, but in our glorious patent system it will cost millions to do so.
Requesting an ex parte reexamination costs $2,520, plus a fairly modest amount for a patent attorney to put together the request. The Patent Office takes it from there, and any litigation is typically stayed pending the result. Worlds' patent portfolio appears to be pretty small, only five patents, so all five could be thrown into reexam for not a lot of money. For a more hands-on approach there's inter partes reexamination, though it is a bit more expensive, but still cheaper than litigation. Litigation is not the only way to address a potentially invalid patent, depending on the defenses one plans to raise (i.e. not all possible defenses are available in reexamination).
I am lawyer. I am too lazy to contribute to society meaningfully. I went to law school so I deserve to be rich. I'll just leach off the work of others.
en.wikipedia.org/wiki/Duke_Nukem_3D released 1996 and while doom is referenced, duke is not. I also think the detailed list of commands would not bode well for them since each program would have it's own language and functions. Most don't even use plain english such as world's "invention"
"GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
What's wrong with these people at the patent office...? It's not like you have to be Einstein to work there... oh wait...
They took object-oriented MUD code added "LOL graphics renderer" and called it good.
Claim 1: ..." determining, by the client device, a displayable set of the other user avatars associated with the client device display; and displaying, on the client device display, the displayable set of the other user avatars associated with the client device display."
For an infringement, this feature would need to be implemented. However, it seems to be quite stupid to implement something like this: If the client has more data than it needs to display, this a) costs unnecessary bandwidth and b) offers the user room to create a cheat to display things that should not be displayed. Therefore, I assume that WoW does not likely implement this feature. Furthermore, it would be quite difficult to prove this by black-box testing.
The other claims are dependent or simply the device for this claimed method.
Now, where's the infringement?
Hmm.... customizable avatars... virtual, 3d multi-user, environments. All thought of in 1995? These guys were true visionaries!
Or maybe they read Snow Crash which was published years earlier.
I'm just going to ignore the patent's laughably simplistic "instruction" on technical issues such as "position" and "orientation" and the blindingly obvious "invention" of the client not processing every avatar in the environment.
it was filed in 2009
The patent "claims priority from U.S. Provisional patent application Ser. No. 60/020,296, filed Nov. 13, 1995".
But were the avatars three-dimensional? And did they have server-side determination of what other players' avatars are visible to you? That's what the first claim covers.
The key part of the first claim, as I understand it, is server-side determination of which other avatars a given player is allowed to see: "wherein the client device does not receive position information of at least some avatars that fail to satisfy a participant condition imposed on avatars displayable on a client device display of the client device". For example, the server might hide other players that are too far away or players on the opposing team that are hidden behind walls.
you only have 1 year from the time of an invention to file
Open the patent and search the page (Ctrl+F) for the word "continuation" to see the real original filing date.
differs only by adding in the term "3D Graphical Avatar"
That and server-side determination of the PVS, as I explained elsewhere.
this also (generally) means that the patent expires in 2016
Does the rule of 20 years after filing or 17 years after grant, whichever is longer, for applications pending as of June 8, 1995, apply?
You could make a 3D hunt client without changing any of the network code.
Could, but did anyone prior to 1995?
You're talking about the step of determining a PVS on the client side. If this is the only place a PVS is the determined, then yes, it would waste bandwidth and enable cheating. But before that step is a step of the server sending a rough PVS: "receiving, by the client device, position information associated with fewer than all of the other user avatars in an interaction room of the virtual space, from a server process, wherein the client device does not receive position information of at least some avatars that fail to satisfy a participant condition". Anything with 3D avatars where the server evaluates a "participant condition" (i.e. a rough PVS) and the client refines this PVS is covered.
If I remember correctly, patents have to be actively disputed in a timely manner in order to remain valid. Since WoW has been around since the early 2000's and has been fairly popular from the beginning (i.e. they were well known and not "hidden" in any way), *I* would rule that the troll allowed too much time to pass before suing and throw the whole thing out of court.
Even my Captcha says it's OBVIOUS. :D
I have one of the Patent group. This patent seems be recent:
http://www.patentbuddy.com/Inventor/Challinger-Judith/11793998#More
Pete
Unlike in some other cases, Netrek doesn't appear to be the smoking gun among the prior art unless it has customizable 3D avatars.
Every transmitted and received avatar information is displayed at least on the mini-map. Hence, no further constriction of the avatars transmitted to avatars displayed exists.
I don't play Call of Duty series, but my cousin does. I don't remember seeing members of the opposing team on the mini-map. And avatars that aren't visible but may become visible within the next ping time, such as those just about to peek out from behind a wall, would have to get filtered out at the client.
Virtual reality modelling language. Even had made myself a nice castle and lands around ....so 15-16 years later these twits claim what?
http://www.w3.org/MarkUp/VRML/
april 1995
http://www.w3.org/MarkUp/VRML/
at bottom of page says april 17th 1995
prior art too late.
they lose.
http://www.w3.org/MarkUp/VRML/
http://en.wikipedia.org/wiki/VRML
and its spec is 1.0 on that page
i had used this to do some neat things....
"The first version of VRML was specified in November 1994"
VTTREK
(3D space, lovingly rendered in finest ASCII on 2D VT100 terminals...)
I double checked, but a number of those patents are no longer enforceable since prior to 1995 it was 17 years from the filing date. After that it was 20 years after the filing date. With the earliest date being 1977. My guess is they are throwing them all in, and hoping some stick. So everything filed in 1994 (2011 is 17 years later) or earlier has already expired. Lack of enforcement of the patents may work against them too.
I've got this patent called "Method for Depicting Gritty White Space-Marine Saving the Earth from Aliens."
I think I can make a few bucks off this one :)
It's highly unlikely that the lawsuit will gain any traction since the patent was granted in 2009 a full 5 years after world of warcraft was developed. I would wager that they were most likely playing world of warcraft when they "invented" it.
You do remember right - we might have been neighbors.
Alphaworld was renamed Active Worlds and opened to the public in June,1995. The tug-of-war referenced is because Ron Britvich had an open-source philosophy in pushing for user-created worlds while Knowledge Adventure Worlds pushed it's own proprietary Worlds Chat project in-house because of corporate projects (Disney, etc). This was what kept Active Worlds from really taking off, as they had the design tech (and rightful patents) first.
Cybertown & the rest came only a year later, while Alpha was still being endlessly revised/mutated/torn between user-created content & "theme parks" (remember when people visualized shopping at Amazon as a virtual bookstore?) Other virtual reality spaces were coming online & splitting the relatively-small group of people who had both access to fast connections and the tech muscle to inhabit those spaces. A core group of people remained in Active Worlds a long time (me through 1999) as well as some of the other spaces. Second Life wasn't even a cloud in Philip Rosedale's coffee then.
However, Alphaworld & its open manifestation Active Worlds definitely were the leaders in the fully-realized VRML interconnected worlds paradigm, and their patents wouldn't be a trolling at all, but fully legitimate. Ron Britvich was a genius ahead of his time (and the technology).
Shadowjack/relayer
Netrek has avatars (spaceships) and it can be argued the transition from 2D to 3D is obvious and non-patentable, as 3D multiplayer games were also plentiful.
Donte Alistair Anderson Roberts - hi son!
Karma: Chameleon
Of any complaints that I've seen here, this is the most legitimate. Most of the other claims of stuff like World of Warcraft being the first to do stuff like this just make me want to puke in terms of the sheer ignorance of the people posting.
There were many sources of ideas that came from the virtual reality community, and I agree with the sentiments you are making here. The patents were filed though and not invalidated, and I certainly hate the software patent system including how difficult it is to prove prior art without showing a patent number which demonstrates that prior art. That is how patents on silly things like the ROT-13 algorithm got through the USPTO or in one case I even saw a bubble sort get approved because there was no "prior art" in the USPTO archive. Yes, I know that prior art can come in other forms, but prior patents seem to hold a whole lot more weight.
If Blizzard is being smart here, that would need to be their basis of defense where they would have to find groups like the ones you worked with or perhaps scan Slashdot for precisely comments like this and try to get you to testify on their behalf to demonstrate prior art. It would certainly help though if you had some of the source code or software from the era. I would have a hard time finding much of the software I wrote from back at that time period.
If they had a 3D chat client and game in 1995, which contains portions of the patent (which was filed in 1999),
they essentially made their own prior art.
IANAL either, but AFAIK you had 1 year in the US during which you could file a patent after its technology went public, and in Europe you had to file the patent before you made you technology public.
Hey don't blame me, IANAB
Ultima Online started development in 1995 if you read the story behind that there was a lot of stuff they needed to figure out on their own because nobody had done the stuff before. I know there were a few others shortly before or around that time. But World did not apply for patent till Nov 1995. I would assume that meant UO in some small way could be considered a contender for that patent?
No. He meant Quake.
Prior art indeed.
Also, I think you misspelt Discworld MUD.
An "interaction room" in the patentese is probably the area inside one skybox, that is, one set of players playing on a map.
Netrek has avatars (spaceships)
Is their appearance customizable? The first claim includes the step of "customizing, using a processor of a client device, an avatar in response to input by the first user".
it can be argued the transition from 2D to 3D is obvious and non-patentable
Arguing obviousness at trial is much more expensive.
Quake doesn't count because it was published in 1996, and the priority date was 1995. Doom's avatars weren't customizable.
There is plenty of prior art to invalidate these patents, but in our glorious patent system it will cost millions to do so.
Now, if only they would sue some deep pocket company, that was pretty much printing its own money... nah that'll never happen.
Since the patent office web site doesn't display the images in neither IE or TOR the patent is invalid ;)
Remember playing Firepower over parallell cables (ParNet) ? Games where the players are operating in the same world is *ancient*.
Can I light a sig ?
"...a highly scalable architecture for a three-dimensional graphical, multi-user, interactive virtual world system. In a preferred embodiment a plurality of users interact in the three-dimensional, computer-generated graphical space where each user executes a client process to view a virtual world from the perspective of that user."
You know, just like the cyberspace described in William Gibson's books from the 1980's and later depicted in the movie "The Lawnmower Man".