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Patent Arcade

In the business of video games, intellectual property protection is critical to success, and Patents, Copyrights, and Trademarks are the bricks with which your IP portfolio is built. The Patent Arcade is the web's primary resource for video game IP law, news, cases, and commentary. Editor-in-Chief: Ross Dannenberg, Esq.

News: Disney to shutter Virtual Magic Kingdom

Posted by Ross Dannenberg (Gamertag: Aviator) on Tuesday, April 15, 2008.

Disney has announced that its Virtual Magic Kingdom will close May 21, 2008,... for good. The VMK is no longer accepting new users, either. Disney's VMK was launched in 2005 as a promotional tool, and turned out to be much more. About 15,000 people per day still log in and, chat, play, and explore in the VMK. The news has come as quite a shock to some, and over 10,000 people have even signed a petition asking Disney to keep it open. The shuttering of VMK, and the public response, demonstrate that even though virtual worlds and MMOGs are governed by end-user license agreements (EULAs) or Terms of Service (ToS), players inherently create a vested interest in the game, irrespective of the contractual nature of the player-provider relationship. Players make friends, create bonds, develop groups, and in some sense even come to rely on the virtual world being there the next day. So for those trying to get Disney to keep it open, I wish you luck. And when it comes to the Mouse, you'll need it!

Read More: Article 1 - Article 2

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News: IBM to host private Second Life regions

Posted by Ross Dannenberg (Gamertag: Aviator) on Wednesday, April 02, 2008.

IBM said today that it would become the first company to host private regions of the virtual world Second Life on its own computer servers.

The project is in testing and will go live within several weeks. This appears to be part of "the Grid," which marks a new focus by Second Life's parent company, Linden Lab, on providing software and services to corporate customers who want to use the virtual world for collaboration and teleconferencing with more assurances of privacy and security than is offered by Linden Labs.

Read more here.

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News: Second Life creates Brand Center to protect its trademarks

Posted by Ross Dannenberg (Gamertag: Aviator) on Tuesday, March 25, 2008.

As Second Life matures, they are taking some fairly customary steps, one of which is to take a more proactive role to protect their own intellectual property. In this vein, Linden Labs has created the Second Life Brand Center, which details the proper and improper use of Linden Labs trademarks. In addition, Linden Labs has created the "inSL" mark for users to use under certain conditions to signify their presence in Second Life. The Brand Center is online here.

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News: Man saves lives playing AMERICA'S ARMY

Posted by Ross Dannenberg (Gamertag: Aviator) on Sunday, January 20, 2008.

Ok, "saves lives" may be a bit of an exaggeration, but what is true is that a North Carolina man assisted passengers from an SUV he saw flip on a highway, using skills he learned playing America's Army. Paxton Galvanek, who pulled people from vehicle after it flipped, said he learned about controlling bleeding from playing section two of the "medic" class training in America's Army, a game developed by the Army as a recruitment tool.

Read more about it at WIRED.

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News: MMOGs on the rise

Posted by Ross Dannenberg (Gamertag: Aviator) on Thursday, January 03, 2008.

The trend continues, and MMOGs are getting even more popular. Here are a couple recent articles that you might find of interest:

From WIRED, this article discusses three new MMOGs being released in 2008 that have potential to be huge.

From the NY Times, this article discusses the popularity of MMOGs among kids.

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News: Chinese lawsuit over virtual goods



As reported by Virtually Blind, Shanda, developer of MMORPG The World of Legend, has been ordered to pay 5,000 Yuan (US $679) and apologize to a gamer for taking away his virtual tools, reports Pacific Epoch. The gamer discovered six virtual items worth more than 1,500 Yuan (US $204) missing from his game account on November 22, 2006 (perhaps the Sword of 1,000 Truths), and contacted Shanda regarding the disappearance. Shanda said that the company had taken the items in accordance with a police investigation regarding the sale of stolen virtual items. But Shanda failed to follow police instruction and return the items after the investigation ended.

Read more here.

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Case Update: Lonestar v. Nintendo (E.D.Tex.)

Posted by Ross Dannenberg (Gamertag: Aviator) on Monday, December 17, 2007.

Lonestar Inventions LP v. Nintendo of America Inc., case no. 6:07-cv-00261 in the U.S. District Court for the Eastern District of Texas.

This lawsuit between patent-holding company Lonestar Inventions LP and gaming conglomerate Nintendo Inc. will play out in mediation after a federal judge ordered the two companies to try their case before a mediator on Thursday, Dec, 13, 2007. Texas-based Lonestar first sued Nintendo in June, alleging that the company's popular Wii video game console infringed on a patent titled “High capacitance structure in a semiconductor device.”

Stay tuned...

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News: Second Life CTO resigns

Posted by Ross Dannenberg (Gamertag: Aviator) on Thursday, December 13, 2007.

Sorry I've been radio silent for a while. Life has been busy, you know how it goes...

In any event, it appears that Cory Ondrejka, employee No. 4 at San Francisco-based Linden Lab, which owns Second Life, quit Tuesday and will depart at the end of the year. Ondrejka spearheaded the company's decision to allow users to retain intellectual property rights to their creations. That's encouraged a thriving e-commerce market where users spend real dollars to buy virtual real estate, clothes, cars and other items. So it will be interesting to see where the company goes next.

Read more here.

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News: Second Life IP theft lawsuit

Posted by Ross Dannenberg (Gamertag: Aviator) on Thursday, November 01, 2007.

More Second Life news: As reported in the New York Post, a half-dozen entrepreneurs are suing a Queens man, charging him with counterfeiting and selling versions of their products. Here's the catch: The products aren't real, and the alleged crimes took place in the virtual world of Second Life on the Web.

Read full story here.

We'll keep monitoring this case and let you know as we learn more.

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News: Change in Second Life ownership policy???

Posted by Ross Dannenberg (Gamertag: Aviator) on Monday, October 29, 2007.

As originally reported on Terra Nova, Linden Labs appears to have made a potentially significant change to the wording on its home page. The home page used to read:

Second Life is a 3D online digital world imagined, created and owned by its residents

But now it reads:

Second Life is a 3D online digital world imagined and created by its residents


The post on Terra Nova has an interesting string of comments. Check it out. It will be interesting to see if anything comes of this.

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News: Potential DMCA fair use relief on the way?



As reported on GamePolitics.com, Later today the ECA will announce its support for HR1201, known as the Fair Use Act of 2007. The proposed legislation will give consumers limited rights to circumvent technological control measures for private, noncommercial uses that would otherwise be protected under the DMCA. We will track this new legislation and keep everyone posted.

Ross

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Michigan Law School - First Impressions' Symposium

Posted by Ross Dannenberg (Gamertag: Aviator) on Wednesday, October 17, 2007.

Well it's not strictly video game IP law, but it certainly applies to video games and explores, in view of KSR, how easy it may or may not be to obtain patent protection for game play methods, so should be worth checking out:

The Michigan Law Review’s companion journal First Impressions today published an online symposium on the Supreme Court, the Federal Circuit, and Patent Law. The symposium takes place against a backdrop of three recent Supreme Court decisions—KSR v. Teleflex, Microsoft v. AT&T, and eBay v. MercExchange—on patent law.

A diverse group of authors explores whether these cases, considered together, represent a recent upheaval in patent law and redefine the relationship between the Federal Circuit and the Supreme Court or if such predictions are overblown.

University of Michigan Law Professor Rebecca S. Eisenberg contends that the Federal Circuit’s control over patent law remains little diminished by the Court’s recent foray into patent jurisprudence and argues that the most significant impact of KSR may be to embolden the U.S. Patent and Trademark Office to reject more patent applications for obviousness without fear of reversal.

George Washington University Law Professor John F. Duffy argues that the Supreme Court’s reform of patent law substance and procedure was predictable and that KSR’s importance derives from the fact that it highlights many separate trends that are reshaping the patent system.

Patent litigator Harold C. Wegner believes that the Microsoft case revealed the balkanized nature of the Federal Circuit and that KSR, through which the Supreme Court created a unified message, will therefore be crucial to the Federal Circuit under future Chief Judge Randal Rader.

Senior Vice President and General Counsel for Eli Lilly & Co. Robert A. Armitage proposes that Congress adopt the National Academy of Sciences’ recommendations for reforming patent law rather than pursuing “anti-troll” objectives and simultaneously defends the judiciary’s successful track record of responding to common criticisms of anti-trolls without legislative intervention.

Patent litigators Stephen G. Kunin and Andrew K. Beverina explain KSR’s effect on patent law and outline lessons that case suggests for patent prosecution and litigation.

To download a PDF of the entire symposium, feel free to click here.

Additional First Impressions content is available at http://www.michiganlawreview.org/.

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News: Microsoft spins off Bungie Studios

Posted by Ross Dannenberg (Gamertag: Aviator) on Monday, October 08, 2007.

Well its old news by now, but in case you haven't heard, Microsoft and Bungie announced on Friday that Bungie has split off from Microsoft, becoming an independent entity. Bungie will still work on the Halo franchise for Microsoft, but will be free to develop other IP as well. Bungie will continue to work with Microsoft as a publisher.

Read more here.

To those at Bungie on my friends list, good luck in your new roles, and may the best be yet to come. See you on Live!

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News: new Donkey Kong world record

Posted by Ross Dannenberg (Gamertag: Aviator) on Monday, August 06, 2007.

I have a client that I am helping to get into the Guinness Book of World Records. For what? Well that has to wait until the record is published, but suffice it to say that it got me wondering about world records as intellectual property. Ok, I know they're NOT technically IP, but I've always had a fascination with getting world record, so I figure helping someone else do it would be good enough... for now. My day will come.

In any event, I ran across this article describing the exploits of DK'ers (Donkey Kong'ers) setting world record after world record at the game. An interesting read. But a warning, there is a documentary about attempts to break the Donkey Kong world record, and the article is essentially a spoiler to the movie (in case you planned to watch it).

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News: man gets two years in jail for video game crime.

Posted by Ross Dannenberg (Gamertag: Aviator) on Saturday, August 04, 2007.

An Illinois man was sentenced to two years in prison for violating copyright law through the unauthorized sale of video games on his Web site, the U.S. Department of Justice announced late Thursday, August 2, 2007.

Timothy W. Hall, of Mount Vernon, Ill., pleaded guilty May 8 to one count of criminal copyright infringement for his unlawful distribution of hundreds of thousands of copyright works on his Web site, Morbidbackups.net. Hall advertised the sale of hundreds of video games, for Xbox, GameCube, PlayStation 2, and other platforms, on recordable CDs. Hall also offered DVDs containing movies and television programs, the DOJ said.

Video game crime doesn't pay!

Read more here
.

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News: quoted in USA Today re Facebook lawsuit

Posted by Ross Dannenberg (Gamertag: Aviator) on Tuesday, July 31, 2007.

Well its not a video game lawsuit, but interesting nonetheless. And, yes, this post could be considered shameless self-promotion. Nonetheless, I was recently quoted in USA Today in an article regarding the Facebook lawsuit, and it's even a good sound bite! Usually quotes get taken out of context or they use the quote that you wish you never said (remember the "work hard, play hard" debacle?) In any event, I thought it noteworthy, so enjoy...

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Case Update: PPC v. Sony (E.D.Tex, filed 7/26/07)



Parallel Processing Corp. has filed a lawsuit alleging that Sony's PlayStation 3 infringes U.S. Pat. No. 5,056,000, entitled "Synchronized parallel processing with shared memory." Not the sexiest of patents with respect to game console hardware, but given the convergence of game consoles and general purpose computers, it's not surprising.

The lawsuit is Parallel Processing Corp v. Sony Corp. of America, case number 07-353, in
the U.S. District Court for the Eastern District of Texas, filed July 26, 2007.

We will add this case to our tracking list and keep you posted of new developments.

Read more here, and here.

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Is artistic style a new type of Video Game IP?

Posted by Ross Dannenberg (Gamertag: Aviator) on Sunday, July 22, 2007.

Courts have held that artists' copyright protection can extend beyond their literal pictorial works, and some courts have even insinuated that an artist can receive copyright expression for their artistic style, e.g., Steinberg v. Columbia Pictures Inc., 663 F.Supp. 706 (S.D.N.Y. 1987) (holding that cover artist for The New Yorker's copyright protection extended beyond literal copying of his work, and that poster for Moscow on the Hudson infringed his copyright).

The Simpsons, a popular TV show, video game, and now movie, are easily recognizable for the cartoonish style originated by its creator, Matt Groening:



Well now you, too, can look like the Simpsons. Yes, that's right, at SIMPSONIZEME.COM you can upload a picture of yourself and see what you would look like in Springfield, AS (AS=AnyState). In case you're curious, here I am in simpsonized form:




SimpsonizeMe.com is clearly "simpsonizing" people under the authority of the Simpson's copyright owner. However, it does make one wonder whether, if I had drawn the above cartoon myself, would I be liable for copyright infringement of the Simpsons' creator's style... food for thought.

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News: GNU GPL v. 3 released

Posted by Ross Dannenberg (Gamertag: Aviator) on Friday, June 29, 2007.

Today the Free Software Foundation released version 3 of the GNU General Public License. The new version of the license contains a lengthy patent license provision, copied below, that users should be aware of. Given that GNU GPLv3 might apply to some code used in your game, you should read it and make sure you understand all its ramifications. Give us a call if you need legal representation regarding open source contract issues, and we can discuss your situation.

---cut here---

11. Patents.

A “contributor” is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's “contributor version”.

A contributor's “essential patent claims” are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, “control” includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.

Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.

In the following three paragraphs, a “patent license” is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To “grant” such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.

If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.

If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.

A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.

Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.

---end of provision---

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News: Feature on Entrepreneur.com

Posted by Ross Dannenberg (Gamertag: Aviator) on Tuesday, June 05, 2007.

Ok, consider this post shameless self-promotion. Steve Chang and I were recently interviewed by a writer at Entrepreneur.com, and are showcased in an article about playing video games at work.

Link to Article.

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News: Virtual World Awards

Posted by Ross Dannenberg (Gamertag: Aviator) on Friday, May 18, 2007.

Well it was really only a matter of time. When an industry gets large enough, we need awards to distinguish the good from the bad. MMOs and Virtual Worlds are the latest addition to the awards fray, with "live" ceremonies to be held in Second Life and Entropia Universe.

Read more here.

I guess it's true: IP begets IP.

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News: Voice in Second Life

Posted by Ross Dannenberg (Gamertag: Aviator) on Thursday, May 17, 2007.

Linden Labs recently added voice capabilities to Second Life. Their beta test went public in March, and commentary has been, for the most part, positive. Voice is a natural extension for MMO games, and introduces new IP issues that will eventually crop up, e.g., voice theft. Digital voice means you can capture someone else's voice relatively easily. Could you create a voice synthesizer based on someone else's speech patterns and tone? Just a thought. In any event, Second Life just got a whole lot more interesting for the rest of the world who doesn't already spend every waking moment as an avatar...

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News: Patent threat against Linux and open source games

Posted by Ross Dannenberg (Gamertag: Aviator) on Monday, May 14, 2007.

(Fortune Magazine) -- May 14, 2007: Free software is great, and corporate America loves it. It's often high-quality stuff that can be downloaded free off the Internet and then copied at will. It's versatile - it can be customized to perform almost any large-scale computing task - and it's blessedly crash-resistant.


There's a shadow hanging over Linux and other free software, and it's being cast by Microsoft (Charts, Fortune 500). The Redmond behemoth asserts that one reason free software is of such high quality is that it violates more than 200 of Microsoft's patents. And as a mature company facing unfavorable market trends and fearsome competitors like Google (Charts, Fortune 500), Microsoft is pulling no punches: It wants royalties. If the company gets its way, free software won't be free anymore.

Read full story here.

Needless to say, this applies to free and open source software (FOSS) games as well.

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News: 2002 IP case statistics

Posted by Ross Dannenberg (Gamertag: Aviator) on Friday, April 06, 2007.

From the April 2007 ABA Journal, citing the U.S. Department of Justice special report:

Of the 7,445 vicil intellectual property lawsuits filed in 2002:
  • 140 (1.9%) made it through trial and received a trial verdict.
  • In 83 cases (59.3%) the plaintiff won.
  • In 53 of the 83 cases, the reward included money.
  • Overall median damages award was $965,000
  • Median damages in patent cases was $2.3M
  • Median damages in copyright cases was $159,000
  • Median damages in trademark cases was $84,500

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News: Joost in Beta

Posted by Ross Dannenberg (Gamertag: Aviator) on Saturday, January 27, 2007.

Looks like Joost is in Beta. If you haven't heard of Joost, it's a potential cable TV killer from the founders of Kazaa and Skype. Like Skype, this is legit on the copyright front, and could pose a serious threat to cable and satellite TV, because this time they are catering to the desires of content providers. There was an article in the February issue of Wired, which is a pretty good read. With this new content delivery system, it will be interesting to see if they build in the capability for episodic delivery of video games as well. We'll all just have to wait and see, unless,... if you have a Joost beta token, send one my way to rdannenberg@bannerwitcoff.com.

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News: Record sales of video games in 2006

Posted by Ross Dannenberg (Gamertag: Aviator) on Monday, January 15, 2007.

Video-game sales a record $12.5B in '06
By BARBARA ORTUTAY, Associated Press, Business Writer
, January 12, 2007

A strong December capped off a record year for the video game industry, with U.S. sales of software, hardware and accessories up 19 percent to $12.5 billion in 2006, according to market research firm NPD Group.

Read full article here.


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News: Nintendo has a Wii patent problem

Posted by Ross Dannenberg (Gamertag: Aviator) on Friday, December 08, 2006.

In today's economy, it is inevitable that any successful product will result in the filing of at least one lawsuit for patent infringement. Nintendo similarly appears to have its first lawsuit based on the Wii. Interlink Electronics, Inc., owner of U.S. Patent. No. 6,850,221, filed a lawsuit against Nintendo on December 4, 2006, in the United States District Court for the District of Delaware. The lawsuit alleges patent infringement based on Nintendo's Wii controller.

The '221 patent is entitled TRIGGER OPERATED ELECTRONIC DEVICE. We will keep you posted as we learn more regarding this lawsuit. All claims of the '221 patent are reproduced below for your own analysis and reading pleasure:

1. A portable, trigger operated pointing device for use with an electronically responsive system, the pointing device comprising: a housing for location at least partly between a first finger and a thumb of a user's hand, the housing having a generally straight, elongated profile defining a longitudinal axis and having a forward end, a rear end, opposed sides, a top face, and a bottom face, the bottom face including a contoured step positioned medially of the forward and rear ends and transversely of the opposed sides, the contoured step having a first face for generally providing a rest location for the first finger of the user's hand; an electronic circuit mounted on a board contained within the housing, the board having first and second opposed sides, the electronic circuit including a first switch on the first side of the board, the first switch being responsive to pressure selectively to open and close the electronic circuit such that the electronic circuit generates a first output signal upon operation of the first switch, the electronic circuit further including a second switch on the second side of the board, the second switch being responsive to pressure selectively to open and close the electronic circuit upon operation of the second switch; a first control element mounted with the housing at the first face of the contoured step and operatively connected to the first switch to be responsive to finger pressure such that pressure applied to the first control element causes the first control element to operate the first switch; a second control element mounted with the housing at the top face and operatively connected to the second switch to be responsive to thumb pressure such that pressure applied to the second control element causes the second control element to operate the second switch; and an output signal emitter responsive to an output signal from the electronic circuit to wirelessly emit the output signal for reception by the electronically responsive system.

2. A portable, trigger operated pointing device for use with an electronically responsive system, the pointing device comprising: a housing for location at least partly between an index finger and a thumb of a user's hand, the housing having a generally, straight elongated profile defining a longitudinal axis and having a forward end, a rear end, opposed sides, a top face, and a bottom face, the bottom face including a contoured step positioned medially of the forward and rear ends and transversely of the opposed sides, the contoured step having a first face for generally providing a rest location for the index finger of the user's hand; an electronic circuit mounted on a board affixable to the housing within the housing, the board having first and second opposed sides, the electronic circuit including a first switch on the first side of the board, the first switch being responsive to movement of the user's index finger selectively to open and close the electronic circuit such that the electronic circuit generates a first output signal upon operation of the first switch, and a second switch responsive to movement of the user's thumb selectively to open and close the electronic circuit such that the electronic circuit generates a second output signal upon operation of the second switch, the electronic circuit further including a second switch on the second side of the board, the second switch being responsive to pressure selectively to open and close the electronic circuit upon operation of the second switch; a first control element affixable to the housing at the first face of the contoured step and provided in communication with the first switch, the first control element operative to respond to pressure applied by the user's index finger to operate the first switch; a second control element affixable to the housing at the top face and provided in communication with the second switch, the second control element operative to respond to pressure applied by the user's thumb to operate the second switch; and an output signal emitter affixable to the housing and responsive to output signals provided by the electronic circuit to wirelessly emit the output signals for reception by the electronically responsive system.

3. A pointing device as in claim 2, wherein the second switch is a transducer responsive element.

4. A pointing device as in claim 2, wherein the first control element is located in a position to act as a trigger movable under pressure at least partly towards the rear end, such movement acting to operate the first switch, and the first switch being a mechanical element.

5. A pointing device as in claim 2, wherein the output signal emitter is positioned to transmit in a direction generally along the longitudinal axis from the forward end the output signals provided by the electronic circuit.

6. A portable, trigger operated pointing device for use with an electronically responsive system, the pointing device comprising: a housing for location at least partly between a finger and a thumb of a user's hand, the housing having a generally straight, elongated profile defining a longitudinal axis and having a forward end, a rear end, opposed sides, a top face, and a bottom face, the bottom face including a contoured step positioned medially of the forward and rear ends and transversely of the opposed sides, the contoured step having a first face for generally providing a rest location for the finger of the user's hand; an electronic circuit mounted on a board affixable to the housing, the board having first and second opposed sides, the electronic circuit including a first switch on the first side of the board and a second switch on the second side of the board; a first control element affixable to the housing at the first face of the contoured step and provided in communication with the first switch, the first control element operative to respond to movement of the user's finger to operate the first switch and thereby cause the electronic circuit to provide a corresponding first output signal; a second control element affixable to the housing at the top face and provided in communication with the second switch, the second control element operative to respond to movement of the user's thumb to operate the second switch and thereby cause the electronic circuit to provide a corresponding second output signal; and an output signal emitter affixable to the housing and responsive to output signals provided by the electronic circuit to wirelessly emit the output signals for reception by the electronically responsive system.

7. A pointing device as in claim 6, wherein the first switch is a mechanical switch and the first control element is operative to respond to pressure applied by the user's finger to operate the first mechanical switch.

8. A pointing device as in claim 6, wherein the second switch is a transducer responsive element and the second control element is operative to respond to movement of the user's thumb to cause a change in a condition of the transducer responsive element.

9. A pointing device as in claim 6, wherein the first switch is a transducer responsive element and the first control element is operative to respond to movement of the user's finger to cause a change in a condition of the transducer responsive element.

10. A trigger operated pointing device for use with an electronically responsive system, the pointing device comprising: a housing for location at least partly between an index finger and a thumb of a user's hand, the housing having a generally straight, elongated profile defining a longitudinal axis and having a forward end, a rear end, opposed sides, a top face, and a bottom face, the bottom face including a contoured step positioned medially of the forward and rear ends and transversely of the opposed sides, the contoured step having a first face for generally providing a rest location for the index finger of the user's hand; at least one electronic circuit mounted on a board affixable to the housing, the board having first and second opposed sides, the at least one electronic circuit including a first switch mounted on the first side of the board, the first switch being responsive to movement of the user's finger selectively to open and close the at least one electronic circuit and thereby generate a first output signal, and the at least one electronic circuit further including a second switch mounted on the second side of the board, the second switch being responsive to movement of the user's thumb selectively to open and close the at least one electronic circuit and thereby generate a second output signal; a first control element affixable to the housing at the first face of the contoured step and provided in communication with the first switch, the first control element operative to respond to movement of the user's finger to operate the first switch; a second control element affixable to the housing at the top face and provided in communication with the second switch, the second control element operative to respond to movement of the user's thumb to operate the second switch; and an output signal emitter affixable to the housing and responsive to output signals provided by the at least one electronic circuit, wherein the output signal emitter is positioned to wirelessly transmit from the forward end a transmitted output signal in a direction generally along the longitudinal axis for receipt by the electronically responsive system.

11. A pointing device as in claim 10, wherein the at least one electronic circuit further includes a third switch mounted on the third side of the board, the third switch being responsive to movement of the user's thumb selectively to open and close the at least one electronic circuit and thereby generate a third output signal; wherein the pointing device further includes a third control element mounted with the housing at the top face and operatively connected to the third switch to be responsive to thumb pressure such that pressure applied to the third control element causes the third control element to operate the third switch.

12. A pointing device as in claim 1, wherein the second switch is a transducer responsive element and the second control element is operative to respond to movement of the user's thumb to cause a change in a condition of the transducer responsive element.

13. A pointing device as in claim 1, wherein the electronic circuit further includes a third switch responsive to pressure selectively to open and close the electronic circuit such that the electronic circuit generates a third output signal upon operation of the third switch; wherein the pointing device further includes a third control element mounted with the housing at the top face and operatively connected to the third switch to be responsive to thumb pressure such that pressure applied to the third control element causes the third control element to operate the third switch.

14. A pointing device as in claim 1, wherein the first control element is located in a position to act as a trigger movable under pressure at least partly towards the rear end, such movement acting to operate the first switch, and the first switch being a mechanical element.

15. A pointing device as in claim 1, wherein the output signal emitter is positioned to transmit from the forward end a transmitted output signal in a direction generally along the longitudinal axis.

16. A pointing device as in claim 6, wherein the first control element is located in a position to act as a trigger movable under pressure at least partly towards the rear end, such movement acting to operate the first switch, and the first switch being a mechanical element.

17. A pointing device as in claim 10, wherein the first control element is located in a position to act as a trigger movable under pressure at least partly towards the rear end, such movement acting to operate the first switch, and the first switch being a mechanical element.

18. A pointing device as in claim 17, wherein the second switch is a mechanical switch and the first control element is operative to respond to pressure applied by the user's finger to operate the second mechanical switch.

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PATENT (Application): Sony's motion-sensing input device

Posted by Ross Dannenberg (Gamertag: Aviator) on Wednesday, December 06, 2006.

As you may recall, Sony lost a lawsuit for millions of dollars to Immersion regarding Sony's use of vibration technology in its PlayStation 2 controllers. Sony subsequently announced that the PlayStation 3 would use motion sensing controllers instead of vibration controllers. Sony appears to be taking the matter seriously, and has at least one patent application pending on its motion sensing technology, United States Publication No. 2006/0267935, entitled "Remote input device." The application was filed May 27, 2005, and recently published on November 30, 2006. The application still has to be vetted by the United States Patent and Trademark Office before a patent will issue, but its a good sign of the direction that Sony is headed.

Link to USPTO copy of application.

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News: Buy a PS3... help save humanity?

Posted by Ross Dannenberg (Gamertag: Aviator) on Monday, September 18, 2006.

There have been quite a few distributed computing projects over the years. Sony's plan is perhaps the most ambitious yet. The PS3 has a Cell Broadband Engine (CBE) chip, the same used in IBM's new supercomputer. PS3 owners will be able to download a small program to their PS3 to allow scientists to use the PS3's downtime for scientific research, turning what would previously have taken years to calculate into mere months, or less! Don't worry though, if the PS3 is running a game, the distributed computing process is suspended so you don't get any lag, thereby causing you to get fragged.

Read more here.

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News: WikiPatents.com Community Patent Review

Posted by Ross Dannenberg (Gamertag: Aviator) on Monday, September 04, 2006.

As you may recall, we took quite a bit of flack from the software developer community on Slashdot for our previous article published by Gamasutra. Some of the comments had to deal with the patent system in general, but many of the comments were directed to patent quality, or the alleged lack thereof. Yes, many people claim that the video game patents we mention are a bunch of hogwash, invalid as can be, etc., etc., etc.,

The USPTO has made overtures regarding farming out patent searches, and opening up prior art for public commentary in the hopes of improving patent quality. One web site has beat them to the punch, so it appears. WikiPatents.com aims to provide "public patent clarity" and claims to contribute to the US patent system by commenting on issued patents and (soon) published U.S. applications. The website appears to operate similarly to previous proposals, as a public sounding board for the relevance of prior art cited against a patent, and a venue to comment on the alleged validity of a patent. WikiPatents.com posts information about issued patents, and expects members of the public to provide commentary on the relevance of the prior art as it may or may not apply to the validity of the patent.

Now the question is: will the public respond? Do enough people care AND have the time to review prior art and comment on issued claims and published applications? Will members of the public even appreciate that what is described is not necessarily what a patent claims? Will patent examiners begin to use this as a resource during their examination procedures, even if informally? Will WikiPatents.com (or other sites like it) improve patent quality? There will certainly be the extremists on both sides that chime in one way or the other, but only time will tell if the site is a success...

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News: Star Fox is back for the Nintendo DS!!!

Posted by Ross Dannenberg (Gamertag: Aviator) on Thursday, August 31, 2006.

For those who remember the original Star Fox (as mentioned in our previous post regarding the Star Fox patent), Nintendo has announced Star Fox Command for Nintendo DS.

Read the full story here.

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News: Fantasy Sports Under Attack AGAIN

Posted by Ross Dannenberg (Gamertag: Aviator) on Tuesday, August 22, 2006.

Not even having time to revel in its recent victory in the C.B.C. Distribution and Marketing v. Major League Baseball Advanced Media lawsuit (No. 4:05-CV-00252 (E.D. Mo.)) regarding the use of player names and statistics in fantasy sports games, the Fantasy Sports industry is under attack again. This time, for gambling.

The controversial question: Are these pretend sports just another form of gambling?

That's what a man claims in a lawsuit that alleges that media including the ESPN cable network, CBS and The Sporting News are getting away with illegal gambling by hosting pay-to-play fantasy leagues, complete with big cash prizes and wide-screen TVs.

At the heart of his complaint is that fantasy sports -- a $1.5 billion industry with more than 15 million players -- are games of chance, not skill, and therefore qualify as gambling.

Read more here.

An interesting twist, for sure.

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News: Sony appeals Immersion lawsuit

Posted by Ross Dannenberg (Gamertag: Aviator) on Thursday, June 29, 2006.

It appears the Sony/Immersion dispute is not over. As you may know, Immersion makes vibration technology for game controllers. The Northern District of California held that Sony infringed Immersion's patents, and awarded Immersion $82 million as a reasonable royalty. Sony has appealed the case to the Federal Circuit, making only one argument--that Immersion hid evidence. Sony's appeal brief contains its allegations. I'm working on compressing it so I can upload it, but in the meantime you'll have to get it from the court, or send me an email and I will forward it along. Interesting reading...

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News: New breed of games on the PhysX horizon

Posted by Ross Dannenberg (Gamertag: Aviator) on Saturday, June 24, 2006.

Mountain View, Calif.-based Ageia Technologies Inc., is the first to offer a specialized computer chip — called "PhysX" — designed to give video games a better sense of reality, as dictated by Newtonian physics. How will this affect games? For example, carve a wrong turn in the deep powder of the video game "Stoked Rider: Big Mountain Snowboarding" and you'd better brace for an avalanche of swirling white snow engulfing everything as it crashes down the mountainside.

Read more here.

This will pose interesteding gaming possibilities as developers strive to create more realistic games, and hopefully we will see a new wave of video game innovation along with it.

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News: Author quoted on ABC news re Apple iTunes/iPod

Posted by Ross Dannenberg (Gamertag: Aviator) on Wednesday, June 21, 2006.

WARNING: Shameless plug to follow!

While not technically video game related, I have been quoted in an article on ABC News regarding the litigation/issue in Norway regarding Apple's iTunes/iPod tie. While, as with any quote, it is a little misstated by the reporter (not me!), it nonetheless gets the point across. Is there a solution that Norway can forge, or does it face losing iTunes altogether? On the other hand, would Norwegians rather have iTunes, but be restricted to playing songs downloaded from iTunes only on an iPod?

This is an issue that Apple is facing more and more, and one that certainly will take some time to resolve. We'll keep you posted.

Link to article.

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News: "Heidi Fleiss of Video Games" pleads guilty

Posted by Ross Dannenberg (Gamertag: Aviator) on Thursday, May 11, 2006.

A co-owner of a Hollywood video game store that caters to celebrity clients on Wednesday pleaded guilty to participating in a conspiracy to violate federal copyright laws by selling Xbox video game consoles modified to play pirated games.

Interesting sound bite: "We're like the Heidi Fleiss of video games," said Jones, referring to the famed "Hollywood Madam." He added that his supporters have stood by throughout the ordeal and that he plans to open a bigger, better store in another Los Angeles location.

Read more here.

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News: China upholds virtual property rights

Posted by Ross Dannenberg (Gamertag: Aviator) on Monday, April 03, 2006.

China has upheld a guilty verdict and fine against a man who stole and sold players' games IDs and online equipment amid growing calls for more concrete virtual property laws.

Read more here.

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News: Second Life and "Electric Sheep"?



In a logical extension of the MMO genre, a young Company, Electric Sheep, is helping big customers create a presence inside "Second Life," the popular virtual world in which people can do or build just about anything they can imagine and socialize with others anywhere in the real world.

Electric Sheep can help you out to customize an island, or what in Second Life is called a "sim"--a 16-acre piece of land that users can buy and do with what they like. Now there is a new party in the fight over who owns this virtual IP: Linden Labs (creator or Second Life), Electric Sheep (or some other third party developer), or you. Better read those contracts closely...

Read more here.

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News: Hacked Xbox 360?

Posted by Ross Dannenberg (Gamertag: Aviator) on Wednesday, March 22, 2006.

There have been rumors and various posts about a firmware hack for the Xbox 360, allowing people to play copied Xbox 360 games. A response from Microsoft has been posted on Gamerscoreblog, a blog of MS Xbox and MS Games employees.

Read more here.

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News: PS3 Launch Delay

Posted by Ross Dannenberg (Gamertag: Aviator) on Monday, February 20, 2006.

Not exactly IP news, but interesting nonetheless. Looks like the launch of the PS3 is being delayed...

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News: Red Cross enforces trademark against video game use

Posted by Ross Dannenberg (Gamertag: Aviator) on Wednesday, February 01, 2006.

The Red Cross has begun to take it a little more seriously that game developers' use of the Red Cross emblem has been rampant in years past. The Red Cross recently wrote an open letter to the video game industry, requesting a dialogue to discuss the proper and legal uses of the Red Cross emblem (if any). The letter was addressed to a law firm, but no specific games were mentioned. Rather, the letter mentions that the practice of illegally using the Red Cross emblem has been widespread, and the Red Cross is seeking to curtail such use in the future.

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News: Video Game market worth $10.5B in 2005

Posted by Ross Dannenberg (Gamertag: Aviator) on Monday, January 16, 2006.

MarketWatch reports that the video game industry grew 6% in 2005, weighing in at $10.5 billion. That's quite a sum of money, given that as reported by Fox, box office receipts for the movie industry were below $9 billion in 2005. Ironically, the market for flagship game consoles and related software shrank, allegedly due in part to the supply shortages of the new Xbox 360.

Other random industry samples for 2005:
I can't wait for next year...

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News: Criminal charges filed for Xbox modding. (Follow Up)

Posted by Ross Dannenberg (Gamertag: Aviator) on Friday, January 13, 2006.

Following up on a previous post, two Hollywood video game store owners and a third man who were charged in December for allegedly pirating video games and installing them on modified Microsoft Corp. Xbox consoles were indicted on Thursday, according to the United States Attorney's Office in Los Angeles.

Read more here.

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News: Criminal charges filed for Xbox modding.

Posted by Ross Dannenberg (Gamertag: Aviator) on Tuesday, December 20, 2005.

LOS ANGELES (Reuters) - U.S. prosecutors have charged three men with copyright infringement for selling modified Xbox consoles that enabled the original video game machine from Microsoft Corp. (Nasdaq:MSFT - news) to play pirated games.

...

Jones and Bryant demonstrated the modified Xbox game consoles in their Melrose Avenue store. They charged from $225 to more than $500 for the modifications, depending on the extent of the modifications and the number of games preloaded onto the hard drive, according to a statement from prosecutors and the complaint affidavit obtained by Reuters.

Read article here.

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News: Acclaim IP on the block... cheap!

Posted by Ross Dannenberg (Gamertag: Aviator) on Tuesday, December 06, 2005.

Ever want to own a video game? Now's your chance. The bankruptcy trustee for Acclaim is auctioning off their portfolio, around 200 games! Some have bids, but some are just waiting for a bidder. Who knows what the IP includes, so do your due diligence, or else you'll get what you pay for. There are a number of inte