Patents and TGE code
by David Dougher · in Torque Game Engine · 02/24/2006 (10:40 am) · 5 replies
Does anybody know the content of the two patents discussed in this article and if GG is in violation of either of them? Looks like a lot of publishers are caving in on these things lately and it is only a matter of time until a few of them trickle down to the indies.
http://www.gamasutra.com/php-bin/news_index.php?story=8279
http://www.gamasutra.com/php-bin/news_index.php?story=8279
About the author
Owner - Pariah Games, Adjunct Professor - Bristol Community College, Mentor - Game Design - Met School Newport, Mentor - Game Design - Met School Providence
#2
Or am I completely wrong on this?
02/24/2006 (11:40 am)
Maybe my understanding is wrong but isn't the first patent expired? I thought prior to 1995 they expired something like 17 years after file date, and after 1995 its 20 years?Or am I completely wrong on this?
#3
Here is somebody's response to patent 4,734,690: www.romsteady.net/blog/2004/11/patent-4734690-prior-art.html
About patent 6,042,477 though I see several prior arts such as Descent and maybe even Quake World.
02/24/2006 (12:04 pm)
I see you've been reading slashdot. :)Here is somebody's response to patent 4,734,690: www.romsteady.net/blog/2004/11/patent-4734690-prior-art.html
About patent 6,042,477 though I see several prior arts such as Descent and maybe even Quake World.
#4
If I remember correctly, patents are now longer for corporations than for people. So if you as an individual obtain a patent then it has a specific lifetime but if the patent is held by a corporation then the time period is much longer. I could be VERY wrong on this though. Just something I vaguely remember hearing...
What bothers me is if there are prior art claims apparently no one considers it worth the time to challenge. Which is pretty odd considering Atari which is in all kinds of financial trouble is settiling for about a 1/3 of a million dollars.
02/24/2006 (12:13 pm)
Nope. Didn't see anything about this in Slashdot - I almost never look at it. Just got this from my Daily Gamasutra summary. However, it is clear from the article that the patent has not expired since Atari settled the claim for cash.If I remember correctly, patents are now longer for corporations than for people. So if you as an individual obtain a patent then it has a specific lifetime but if the patent is held by a corporation then the time period is much longer. I could be VERY wrong on this though. Just something I vaguely remember hearing...
What bothers me is if there are prior art claims apparently no one considers it worth the time to challenge. Which is pretty odd considering Atari which is in all kinds of financial trouble is settiling for about a 1/3 of a million dollars.
#5
02/24/2006 (1:05 pm)
Mostly likely that 1/3 of a million actually comes out to be less than the cost of a drawn out court battle. Especially given the chance that they could just as easily lose the case, prior art or not. Just my guess though.
Torque Owner Jerry Segler
http://patft.uspto.gov/netacgi/nph-Parser?u=/netahtml/srchnum.htm&Sect1=PTO1&Sect2=HITOFF&p=1&r=1&l=50&f=G&d=PALL&s1=4734690.WKU.&OS=PN/4734690&RS=PN/4734690
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&u=/netahtml/search-adv.htm&r=19&p=1&f=G&l=50&d=ptxt&S1=addink.INZZ.&OS=in/addink&RS=IN/addink
Personally I don't like the idea of software patents. From what I've seen when enforced they have a chilling effect and hold things back until the patents are expired.
However if you assume software patents are valid and that these particular software patents are valid...
I think all 3D games that give the user any kind of camera control violate '690.
'477 is about predicting motion on the client side.
I would say all 3D games with an online component would violate that one too.
But just because the patent was granted doesn't mean it's valid. Look at the Blackberry fiasco that is going on.
-Jerry