Activision Blizzard Sued For Virtual World Infringement

Page 2 - Seeking answers? Join the Tom's Hardware community: where nearly two million members share solutions and discuss the latest tech.
Status
Not open for further replies.

everygamer

Distinguished
Aug 1, 2006
282
0
18,780
I have a cool idea, how about software can't be patented like overseas. And I am a software developer, there are plenty of ways to make money on software you don't own a patent on. It's all about creating services around it.
 

wildkitten

Distinguished
May 29, 2008
816
0
18,980
[citation][nom]elbert[/nom]NCSoft is a new company where as Blizzard could easily show use of much the same system prier to this patent. This patent covers any multi player graphical game where a server is used to determine direction and keeps a data base. Given wow was released on November 23, 2004 I don't think this patent dated FEB 20, 2007 has any merit.[/citation]
Except City of Heroes was released even before WoW and Guild Wars just 5 months after WoW, so WoW's release date doesn't mean much.

This is the price we are paying for all these "let's settle cause it's cheaper than fighting decisions". The moment you settle with scammers, you bring hundreds more out wanting to it the court lottery. and because companies settled, even if they decide to go to court now, the question gets raised "But you settled with them so you must be liable in my case too".

There also has to be some common sense applied to the patent process. How can someone patent creating worlds and interacting with people in virtual space if they don't own that virtual space? I remember the NCSoft suit but unfortunately I didn't really follow it at the time. I really wish NCSoft had fought them rather than settle.
 

wildkitten

Distinguished
May 29, 2008
816
0
18,980
[citation][nom]thillntn[/nom]Who is next? Don't tell me you are sticking up for $ony?? lol[/citation]
Anyone who hate's these patent trolls needs to stick up for Sony if indeed they are next.

One of the reasons we are in a sue happy mess is because of attitudes like that. "Oh I hate (insert person or company) so I don't care if they get sued cause even if they don't deserve it over this they are still bad in other things" is the mentality that lets trolls like Worlds Inc do this.
 
[citation][nom]wildkitten[/nom]Except City of Heroes was released even before WoW and Guild Wars just 5 months after WoW, so WoW's release date doesn't mean much.This is the price we are paying for all these "let's settle cause it's cheaper than fighting decisions". The moment you settle with scammers, you bring hundreds more out wanting to it the court lottery. and because companies settled, even if they decide to go to court now, the question gets raised "But you settled with them so you must be liable in my case too".There also has to be some common sense applied to the patent process. How can someone patent creating worlds and interacting with people in virtual space if they don't own that virtual space? I remember the NCSoft suit but unfortunately I didn't really follow it at the time. I really wish NCSoft had fought them rather than settle.[/citation]
True but unlike the other 2 WOW design is based off earlier games like warcraft and diablo. These games in multi player use a server, database, player direction, and predates everything Worlds Inc. Blizzard can show implementation in WOW from these older game designs. It would be a slam dunk easily win for them plus unlike the others blizzard/activision has the cash to prove a point. Given they plan future games with the same designs they would be crazy to settle.
 

redeye

Distinguished
Apr 29, 2005
225
0
18,710
the "product" deals with creating realistic scalable presentations of 3D virtual worlds, and allowing players to interact in those virtual worlds.

scalable as in zoom? or as in increasing the 3D world?...
it would seem that Second Life fits this description, but any new building that goes on is on space that is empty, but realistic? , that is in the Eye-of-the-beholder...


but World of warcraft is fixed in size, (only increasing when an expansion pack is released) so how is WOW scalable?...

that means Second life, Open grid, imvu, Utherverse, and all other "virtual word" that you move a character around... infringe on this patent...

so which of these online 3d world is connected to World's Inc. (or is a division of)...


 

redeye

Distinguished
Apr 29, 2005
225
0
18,710
sorry, my previous post did not realize that the patent seems to apply to a single server, that is spread across multiple boxes, i think... (that is where the scalable comes from) so Second Life which uses servers to talk to each other, isn't covered by this patent because the online service is multiple boxes connected(i.e. limited users per server... but with multiple cores per server, blurs the line between scalable across multiple servers(boxes) vs multiple cores... i'm thinking shared RAM over multiple cores inside box means single server...
 

wildkitten

Distinguished
May 29, 2008
816
0
18,980
[citation][nom]elbert[/nom]True but unlike the other 2 WOW design is based off earlier games like warcraft and diablo. These games in multi player use a server, database, player direction, and predates everything Worlds Inc. Blizzard can show implementation in WOW from these older game designs. It would be a slam dunk easily win for them plus unlike the others blizzard/activision has the cash to prove a point. Given they plan future games with the same designs they would be crazy to settle.[/citation]
One would have thought it would have been a slam dunk for NCSoft too since their games predated the patent, but obviously NCSoft didn't think so.

And NCSoft plans for future games too (GW2 anyone?) which by your own logic means they would have been crazy to settle as well, but they did.

Now don't get me wrong, I am not defending Worlds. But this doesn't seem to the case of the typical patent troll, a company they is recently made that buys up some obscure patents whose existence is only to sue someone. They aparently are the original patent holders.

The problem comes in with this. Were the awarded a patent for the general concept of meeting and interacting in a virtual space, or some specific technology in how it is accomplished. If it's for the general concept, then the patent should never have been awarded. That's like trying to file a patent for meeting people in real life. However, if the patent is for some specific technology and NCSoft and Blizzard are using that specific technology, then the patent would be legitimate and NCSoft and Blizzard should pay. But after reading the patent it seems it's not for specific technology so is absurd that the patent was awarded to begin with.

The problem Blizzard faces is precedence. It doesn't matter that they had done something before 2000 (and if you read the patent, it was filed August 2000, the awarding of it was not till 2007), World's is the patent holder of it. NCSoft chose to settle when Worlds went after them which gives legitimacy, whether real or imagined, to Worlds claims. And in law, unfortunately precedence holds too much weight.

This is just a good example of why the US needs a complete and total overhaul of it's patent system.
 

siuol11

Distinguished
Dec 16, 2009
77
0
18,630
Ah, the poor little international gaming company, whatever will it do?
Please tell me you don't believe all these large companies are free of the sin of patent infringement.
 
G

Guest

Guest
Blizzard sued many other companies themself for shite, so they get something like a kick in their fat balls back. Think about it, all you WOW fangays, omg, i mean fanboys, excuse me.
 

sa1nt

Distinguished
Jul 8, 2010
73
0
18,630
patent infringements should be settled in fist fights. Because i can't think worst system then the one used now.
 

thillntn

Distinguished
Apr 14, 2010
297
0
18,780
It is odd to me how a company can remove a feature you paid for, and get away with it;However someone can patent a thought and never use it...yet sue someone for implementing it in a different way. Screwed up world we live in.
 
G

Guest

Guest
And everquest based off of ultima online, or the realm, or meridian 59 which all came before(listed from youngest to oldest).

And before those were plenty of non graphical text based mmorpgs. But meridian 59 is the oldest graphical one im aware of.
 

scannall

Distinguished
Jan 28, 2012
354
0
18,810
[citation][nom]beetlejuicegr[/nom]If Benjamin Franklin lived and had a patent on electricity he would own our "behinds" and of course everything that operated with electricity (from digital to analog) would have to pay him rights[/citation]

Um, if he had the patents would have expired long before Edison, Westinghouse and Tesla were born.
 


Soon.

Still this is pretty funny. How many games do this now? TF2, L4D, BF, Guild Wars or any team based FPS or MMO do this.

And I do wonder, what innovative title did these guys actually do? Probably nothing more than a patent company waiting to sue to make more than their patent is truly worth.
 
G

Guest

Guest
Worlds patents go back over a decade. The reason they are filing so late in the game is because a patent is only good if it can hold up to any challenges to its validity. Patents become weak unless all prior art is addressed with the USPTO. Basically, if there are possible holes in a patent as to its uniqueness, it will be exposed by a larger company who will challenge the validity. Worlds found this out against NCSoft. So, since then, the company has tightened up their patents by addressing the prior art at the USPTO with continuation (child) patents. These patents will present a problem for Activision and other companies who have been using these patented ideas for years, without paying a cent of royalties.

If anyone on here came up with an idea and went through the effort to patent it, I'm sure your view of large companies (entrepreneurs) using it for free would be a problem in your eyes.

The fact they got a real attorney (Susman Godfrey) who took them on on contingency (they only get paid if they win), tells me they think the patents are strong, and there are infringers out there like ATVI worth going after.
 

thepieman

Distinguished
Jul 28, 2009
17
0
18,510
i dont really understand what this company is suing for. by their logic couldnt they sue any game which allows plays to interact with one another in cyberspace?
 

Marcus52

Distinguished
Jun 11, 2008
619
0
19,010
[citation][nom]elbert[/nom]NCSoft is a new company where as Blizzard could easily show use of much the same system prier to this patent. This patent covers any multi player graphical game where a server is used to determine direction and keeps a data base. Given wow was released on November 23, 2004 I don't think this patent dated FEB 20, 2007 has any merit.[/citation]

NCSoft has been around for 15 years.

;)

;)
 
[citation][nom]wildkitten[/nom]One would have thought it would have been a slam dunk for NCSoft too since their games predated the patent, but obviously NCSoft didn't think so.And NCSoft plans for future games too (GW2 anyone?) which by your own logic means they would have been crazy to settle as well, but they did.Now don't get me wrong, I am not defending Worlds. But this doesn't seem to the case of the typical patent troll, a company they is recently made that buys up some obscure patents whose existence is only to sue someone. They aparently are the original patent holders.The problem comes in with this. Were the awarded a patent for the general concept of meeting and interacting in a virtual space, or some specific technology in how it is accomplished. If it's for the general concept, then the patent should never have been awarded. That's like trying to file a patent for meeting people in real life. However, if the patent is for some specific technology and NCSoft and Blizzard are using that specific technology, then the patent would be legitimate and NCSoft and Blizzard should pay. But after reading the patent it seems it's not for specific technology so is absurd that the patent was awarded to begin with.The problem Blizzard faces is precedence. It doesn't matter that they had done something before 2000 (and if you read the patent, it was filed August 2000, the awarding of it was not till 2007), World's is the patent holder of it. NCSoft chose to settle when Worlds went after them which gives legitimacy, whether real or imagined, to Worlds claims. And in law, unfortunately precedence holds too much weight.This is just a good example of why the US needs a complete and total overhaul of it's patent system.[/citation]
Yes but this patent stems from Worlds Inc. older games. NCSofts games do not pre date Worlds Inc games which the patent in part is based. Blizzards warcraft and diablo on the other hand does predate their games. All blizzard has to do is show prior works predating the patients work its based on. Blizzard unlike NCSoft does have this proof.
 
Status
Not open for further replies.

TRENDING THREADS