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3D Game Lawsuit

GameDAILY BIZ (thanks HomeLAN Fed) reports that a dozen major game publishers are being sued by Texas-based law firm McKool Smith for infringing on a patent they hold: "Method and Apparatus for Spherical Planning." They are making the case that the patent covers displaying 3D images on a monitor, and an employee of one of the publishers, quoted under the promise of anonymity, says the case is "ridiculously broad... It's an abuse of the legal system," but also: "They might have a leg to stand on from a legal standpoint. It's not impossible that McKool Smith will win. A lot of very smart people are taking this very seriously." The dozen publishers named in the suit are Electronic Arts, Take-Two Interactive, Ubisoft, Activision, Atari, THQ, Vivendi Universal Games, Sega, Square Enix, Tecmo, LucasArts, and Namco Hometek. Apparently several smaller companies are also being threatened with legal action.

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44 Replies. 3 pages. Viewing page 1.
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44. No subject Nov 2, 2004, 15:14 Tanto Edge
 
HA HA HA HA HA HA...*snif*
...HAHAHAHAHAHAHAHA...HAHAHA...chuckle chuckle...
giggle.
HAHAAHAHAHAHAHAHAHAHA
..LOL
ROFL... HAHAHAHAHAHAHAA

...yeah.

 
http://www.youtube.com/watch?v=705LEH3j2g0&t=0m24s
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43. Re: Lawsuits.. Nov 2, 2004, 10:46 Ahumado
 
No, It's the judges

 
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42. Re: No subject Nov 2, 2004, 08:53 Dante_uk
 
Elite should count, it did displayed objects in 3d from a viewpoint.

"Elite" was written by David Braben and Ian Bell starting in 1982 while the authors were still at Cambridge University. It was first published by Acornsoft on the BBC Micro in September 1984 to huge critical acclaim. The rights to other computer platforms were then auctioned by Jacqui Lyons of Marjacq, and British Telecom then went on to publish on many other platforms under the name of Firebird, including on the PC.

I had to double check that it isn't April 1st when I first read this new item. It's got to be a joke. Just no one is laughing accept maybe McKool Smith.
This comment was edited on Nov 2, 08:55.
 
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41. Re: No subject Nov 2, 2004, 08:32  famished 
 
http://www.cyberdyne-systems.co.uk/bz/bzsplash.html


 
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40. Re: No subject Nov 2, 2004, 07:58 randomnine
 
I don't guarantee any of this is very accurate - I wasn't around at the time, and I'm no lawyer... I've just been looking around for the fun of it since I saw this.

1977 - SIGGRAPH CORE recommendations released alongside SIGGRAPH 77 proceedings
1977 - Star Wars hits cinemas
1980 - work on the CORE recommendations passes over to ANSI
1980 - Atari brings out the Battlezone cabinet
1981 - SGI founded
1982 - Tron hits cinemas
1983 - SGI ships the IRIS 1000 terminal, a product using Iris GL
1984 - Elite released for the BBC Micro

1986 - patent 4734690 filed
1987 - patent 4734690 approved

1988 - ANSI release the PHIGS standard, based on the Core recommendations all those years ago
1989 - ANSI release the PHIGS+ standard
1989 - SGI begins work on OpenGL, based on Iris GL
1991 - OpenGL ARB created
1992 - OpenGL 1.0 released, competing directly with PHIGS
1995 - PHIGS has largely disappeared

...so there's up to a decade of easily verifiable prior art out there, depending on how much was in the original SIGGRAPH CORE recommendations, how the CGI was done for Star Wars, etc. I'm not sure if Battlezone applies, since it's really 2.5D, but Tron and Elite should definitely cover it. Finally, if you're willing to dive back into research papers, you could probably find some prior art from the 60's... but really, if the patent isn't invalidated by Tron and Elite, I don't think it can cover more recent games.

 
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39. No subject Nov 2, 2004, 07:48 toranaga
 
I just browsed through the patent for two minutes, but it appears to me it affects third person games mainly. The spherical panning described doesn't sound like a first person camera but a typical third person camera.


 
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38. DirectX & OpenGL do the maths Nov 2, 2004, 06:40 Dante_uk
 
Having done some basic 3d programming in OpenGL... ( So under this claim I can be sued!! or do I need to have made money from it? )

Surely this comes down to the graphics API ( or maybe now adays the graphics drivers/chips ) ?
The game engines themselves don't normally do the math, that's all done for you.
All the programmers do is give vertex coordenantes to the API and then the API does the math to render those 3d vertices to a 2D space(memory) then the gfx card renderers that to a monitor.

This claim also must include:
- 3d design software ( CAD programs )
- Millitry fight sims, commercial flight sims
- Movie industry, Pixar, ILM and Weta Studios all who have developed software for renderering images in 3d to a monitor.
- Nvidia & ATI etc for 3d demo programs
- FutureMark for their 3dmark200x programs
- Microsoft for DirectX demos, games, 3d screensavers etc
- Macromedia / flash ??
- Anything using VRML

What about 3d barcharts or exploding pie chards in Excel?

If these amoral aholes win this they could make Billions...
The America Dream ( make money of someone elses work ).


 
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37. Re: Lawsuits.. Nov 2, 2004, 06:01 Hump
 
Trial Attorneys are doing more damage to this country than any political party or special interest group.

----------------------------------------------------------------------
What Would Fred Do?
 
Avatar 10137
 
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"Both the “left” and the “right” pretend they have the answer, but they are mere flippers on the same thalidomide baby, and the truth is that neither side has a clue."

- Jim Goad
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36. Re: Stupidity crosses party lines Nov 2, 2004, 04:40 MacD
 
Appart from teh prior art, they fscked up on the wording of the patent!

"A graphics display terminal performs a pan operation..."

Grammar wise, this means that the terminal itself actually moves, not that it simulates such a move in an internal 3d representation of a world space which is then transformed to a 2d representation. Might sounds like nit-picking, but apparently that's how law works

 
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35. Lawsuits.. Nov 2, 2004, 04:33 Swerv
 
ahh the American dream.

 
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34. Re: No subject Nov 2, 2004, 03:32  famished 
 
"Wow, I swear I remember seeing 3D vector wire frame games (think starwars for the 2600) back in the late 70's early 80's."

This will be thrown out quicker than you can say "bullshit". Can anyone remember battlezone? I think thats what it was called. The arcade game where you looked through some binoculars and fought in a monochrome 3d world.

 
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33. No subject Nov 2, 2004, 03:24 Razerious
 
THIS is why software patents are a bad idea. I hope they're not coming to europe. Someone should assassin, kill and torture the persons taking advantage of ridiculous patents.

 
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32. No subject Nov 2, 2004, 03:09  famished 
 
http://www.overlawyered.com

 
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31. Re: let it play out in court Nov 2, 2004, 03:09 Cynips
 
Q: Doctor, before you performed the autopsy, did you check for a pulse?
A: No.
Q: Did you check for blood pressure?
A: No.
Q: Did you check for breathing?
A: No.
Q: So, then it is possible that the patient was alive when you began the autopsy?
A: No.
Q: How can you be so sure, Doctor?
A: Because his brain was sitting on my desk in a jar.
Q: But could the patient have still been alive, never the less?
A: Yes, it is possible that he could have been alive and practicing law somewhere.

http://www.jokery.com/articles/Articles/13.html

 
listening to http://www.progulus.com/ a mountain stream of progressive, rock and metal
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30. Re: let it play out in court Nov 2, 2004, 02:55 seenitall
 
I hold the patent on posting to a bulletin board; and you all owe me big time.

 
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29. Re: let it play out in court Nov 2, 2004, 02:53 Sixis
 
I'm really looking forward to joining the respected and honorable legal profession!


This comment was edited on Nov 2, 02:53.
 
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28. Re: let it play out in court Nov 2, 2004, 00:52 Orogogus
 
suppose the companies are using patented techniques? if they are then what they have done is warezed the patent and have to be held libel. I don't care a whit about the patent holders or the gaming companies...esp EA. I just think it odd that so many shorts are in bundles over this but I have never read at this board where anyone condones warez.

It's because none of us seriously believe that all these big name software companies were unable to create their own 3D engines without stealing from some firm in Texas. My impression, and I assume everyone else's, is that McKool simply took a simple idea and got some fool to approve the patent, then started suing anyone who arrived at the idea independently.

Let's check the US patent office.

http://tinyurl.com/6284m

A graphics display terminal performs a pan operation with respect to a view motion center to effectuate spherical panning, thereby providing perspective and non-perspective views. Three dimensional instructions stored in terminal memory are re-transformed in accordance with a panned direction. Also a zoom feature is provided so that displayed images may be magnified as desired.

That's pretty stupid.

 
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27. No subject Nov 2, 2004, 00:45 Orogogus
 

As for Al gore and his foot in mouth statement about the internet. He should have researched ARPANET on 'his' internet before making comments. As to his effect on the internet, I find it comical that someone should talk about influence on something that anyone in his position would have allowed. He wasn't proactive with the growth of the internet, its just taht he wasn't restrictive. I doubt he could have changed it if he wanted too. Although Tipper must have been psychotic when she realized what a immoral breaeding ground the interet was and she probably blew a fuse when she thought of how to censor it.


Heh, the kind of punditry you can generate without ever reaching for any reference material. Gore was a Congressman, they sponsor bills. The bills Gore sponsored are a matter of record, and the briefest of Google searches gives you the appropriate background. The idea that our Internet is essentially the same as the ARPANET of the 1970s is pretty absurd.

Regarding the lawsuit: Do these stupid lawsuits ever succeed against the big guys? I know they're often pretty successful at shaking down small companies, but it doesn't work so well against companies that keep lawyers on retainer.

 
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26. let it play out in court Nov 2, 2004, 00:36 Ahumado
 
suppose the companies are using patented techniques? if they are then what they have done is warezed the patent and have to be held libel. I don't care a whit about the patent holders or the gaming companies...esp EA. I just think it odd that so many shorts are in bundles over this but I have never read at this board where anyone condones warez.

I don't trust anonymous sources...It could easily be made up. If the cost of games go up because of this I will buy even fewer than the two - four I buy per year

 
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25. No subject Nov 2, 2004, 00:30 Rictor
 
"The gaming community could actually use a rallying event like this. I would definately contribute $ to help them defend if it went to court. Even the fucks who pirate games can't ignore the impact this would have."

Check out the name of the denfendants. All the big name game publishers are there. Somehow, I don't think they'll be short on money.

 
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44 Replies. 3 pages. Viewing page 1.
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