Hillcrest Labs Sues Nintendo Over Waggle Technology

Oh, Nintendo...sued again....This is time, it is Hillcrest Labs, claiming that the Wii's motion sensing and graphical interface technology infringes on their patents. HL licenses it technology to other peripheral manufacturers, like Logitech, but did not fully disclose its licensing arrangements. As of the time of the story, Nintendo had not been served.

Hey Nintendo! Waggle This!

Once again, patent law is reprimanding the "innovator" for video games. Hillcrest may have valid patents, but it is so suspect how these companies wait years to file suit, after the big N has already made a ton of money. Coincidence? I think not...will the patent thicket ever be trimmed?

East Texas Controller Patent Case Finds for Plaintiff (big surprise), Nintendo Owes $21 Million

Keeping with the sordid history of patent cases in the Eastern District of Texas, Nintendo has lost its patent infringement legal battle with Anascape to the tune of 21 million bucks over patents relating to controller technology. Microsoft was also named, but settled for an undisclosed amount. It is unknown why Sony was not named as well.

Boohoo, Nintendo!

It is amazing to me how the EDT court system just pumps out these infringement cases. How is it possible that plaintiffs can win 70% of the time? I guess everyone is guilty in Texas...

European Patent Filings Show Possible Wii Adaptations

Recently published patent applications from Nintendo show some pretty *interesting* ideas for Wii accessories. Of note is the Wiimote charger, which would be nice...the rest of the ideas, well, from the pictures they do not look as stunning.

Wiibear? Wiibike? Wiiboard? They all sound cooler than they look...

Before any reader goes too bonkers about how stupid these drawings look, remember that patent drawings are very rough, and may not correspond with the product envisioned exactly. For example, the teddy bear shot could just be an illustration of using the Wiimote with a toy not traditionally affiliated with games (or something like that). Although, the idea of using a teddy bear to control a game sounds...innovative. Yes, innovative...

Sony, Nintendo Sued For Controller Patent Infringement

Copper Innovations Groups, a PA based group, is suing Sony and Nintendo for their purported infringement of one of its patents, titled, "Hand Held Computer Input Apparatus and Method." The method involves assigning hardware identification numbers to device transmissions in order to connect and organize inputs to a system. Specifically targeted are the Wii Remote, Nunchuk, Sixaxis controller, and the Blu-Ray remote. The company is seeking not only damages, legal fees, and interest, but also a permanent injunction to prevent further profiteering. Microsoft is notably absent.

Copper May Have Struck Gold

I checked out the patent, and it is hard to say if the Wii and PS3 utilize this technology without being able to see more about the hardware in those systems. However, the patent presents a very straightforward way of setting up a plurality of transmitters and providing a framework for the receiver to know which transmitter is sending what using identification numbers; this is an obvious way of tackling this problem, and it would be interesting to see how these companies would not utilize the method described in the patent short of having a specific receiver for each input transmitter, which seems highly inefficient.

To Copper's credit, at least he came up with this patent and isn't being a complete troll like the AVG folks...

E for All 2007 Day One

Reporting semi-live from the E for All, this game expo is amazing. Having never been to one before, I am getting a bit of the "kid in the candy store" feeling. There were a couple of games I was looking for and a couple of things I discovered. Rock Band is the gem of the show. I played Epic by Faith No More and Dani California by Red Hot Chili Peppers on the guitar with my brother backing me up on vocals. It was HOT! That game is the best. Guitar Hero III was cool, but nothing too different than what I have come to expect. Super Mario Galaxy and Super Smash Bros. Brawl looked predictably sweet. I did find Piano Wizard, a piano game/trainer. It had multiple stages of play, and by the end, if you played it enough, you would learn to read music, which is pretty cool. I had great fun the first day, and I'm headed back there again right now.

"Spastic" Too Offensive for UK Players

Following the recall of Mind Quiz for use of the word "spastic," Nintendo has likewise pulled the newest installment of its Mario Party franchise. Cleverly titled Mario Party 8, some discs contained a manufacturing defect by using the word spastic. Hoping to avoid too much hoopla, they plan on relaunching the game immediately.

Spastic...really

Being educated from Berkeley, I am PC almost to a fault. But I just wonder how anybody could really be offended by Mario Party? Mind Quiz maybe since it is trying to rate intelligence, but frankly, every time I have ever played Mario Party my frenetic button mashing during mini-games is completely mindless. I feel like even if the parent is offended, the kid playing doesn't care.

Lone Star, Patent Troll, Stalks Nintendo

Claiming that the Wii utilizes their patent on small capacitors in a semi-conducting circuit, Lone Star, a company based out of an Austin, Texas law firm, is suing Nintendo in the hallowed Federal Eastern District of Texas courts. Known for its ultra-plaintiff friendly patent decisions, the Eastern District has seen many patent infringement cases, including the American Video Graphics lawsuit covered in my first blog entry (second for those who are counting). Nintendo was, of course, unaware of any such infringement. Lone Star has been successful against other industry big wigs like Texas Instrument and Broadcom, but it is unclear how successful they will be here. Looks like another, "this patent is too complicated, and I (Nintendo) would have to give up too many secrets...I'll just settle." --> Trollery at its finest.

Nintendo's Getting Trolled

Manhunt 2 Release Suspended

Following an unprecedented amount of resistance from ratings boards across the globe, Take-Two has decided to suspend the release of its Manhunt 2, mostly because it could not release it on any of the platforms it was programmed for. Developed for the Wii and PS3, the game received an Adults Only rating in the US. Sony and Nintendo will not authorize the sale of AO games for their PS3 and Wii consoles respectively. M2 was also condemned by the UK ratings board, stating, "Manhunt 2 is distinguishable from recent high-end video games by its unremitting bleakness and callousness of tone in an overall game context which constantly encourages visceral killing with exceptionally little alleviation or distancing." The AO rating also means that most commercial supplier will not carry the game, including Wal-Mart, Best Buy, and Gamestop.

Manhunt 2 gets Axed

These developments do not shock me. This game really seemed to push the limits of what might be acceptable in a video game violence-wise. We all love the interactivity of the Wiimote, but if you saw your kid playing this game it would actually be more disturbing than watching him blow up the National Guard with a Rocket launcher in GTA III. You simulate murdering people with all sorts of instruments with a simple flick of the wrist. It almost seems like it would be weird to invite someone over to show them your new game that kicks ass, only to have them watch you saw some dude's head off. I'm 25 and would be a bit repulsed by the game (though I have to say that I can imagine at least one of my friends getting really into this game). Then I imagine coming home to see my ten year old brother playing, and I think enough is enough. The rating is warranted, but frankly I wouldn't be surprised if the rating would ultimately appeal to some players: after all, Rockstar and Take-Two say that they are catering to the older crowd. Are they actually, or are they just cigarette companies in disguise?

WeeWorld's Case Dropped Without Prejudice

As reported on earlier, WeeWorld had two pending cases: one in Europe and one in the US. They tried to drop the complaint in the US to focus on the European suit, but Nintendo would not let them drop the case "without prejudice," insisting that the complaint should be removed with no possibility of appeal. Apparently, Nintendo relented, and allowed WeeWorld to drop the case for now, but leave it open for appeal in the future.

Nintendo Bros WeeWorld

US hates on Chinese IP Enforcement, Nintendo Agrees

The US trade representative has filed for formal consultations with the Chinese government over there IP protection policies, or lack thereof. China is one of the worst offenders as far as respecting world IP rights, with little or no punishment for counterfeiters who largely escape punishment or even the closing down of their operations. Nintendo has identified China as the greatest exporter of infringed software and hardware, estimating losses to the industry of $762 million. China claims to be dismayed at this request for formal consultation, but I doubt anybody takes them seriously: they do practically nothing to stop piracy.

China...Piracy...No Way!

Nintendo points out that over 7.7 million infringing products have been seized from 300 factories over the past four years.

No Criminal Charges Filed in Hold Your Wee for a Wii Contest Holders

Sacramento County has decided not to sue the radio station that held a water drinking contest for the Nintendo system and resulted in a contestant's, Jennifer Strange, death. The county concluded that the employees actions did not reach a requisite height of criminality; however, the employees did get fired. The family's lawyer said he was still planning to sue for the wrongful death of Mrs. Strange.

No Criminal Charges in Radio Contest

See Hold Your Wee for a Wii for a link to the news story.

WeeWorld Tries to Back Out of Suit with Nintendo, Nintendo says Naw

WeeWorld, publishers of software used to create animated avatars for AOL instant messenger, previously sued Nintendo claiming that the Wii's Mii system violated WeeWorld's trademarks. After realizing that now is not the best time to file suit due to financial concerns and uncertainty about how a similar dispute in the UK will play out, WeeWorld wants to dismiss the current action without prejudice so the matter can be litigated at a different date. Nintendo, confident in its position, wants the suit dismissed with prejudice. They feel their case is strong and they want the matter resolved.

WeeWorld Wants Waver

I have not yet seen a case where the instigator wants to drop the suit but the accused will not let him. Judging from Nintendo's evidence that WeeWorld didn't adopt its marks until after Wii's release in the US and its fair use defense for using homonyms, I can see why Nintendo wants this case to be settled or over. Looks like WeeWorld was a wee bit too hasty...

Nintendo Phone Patent

Filed November 2001 and issued June 2006, Nintendo obtained a patent on a game phone. It looks like its got game boy functionality and phone capabilities. Doesn't look like there is any plan to release it, but the bootleg menus are still interesting.

Who needs the DS phone hacks?

I want to play Metoroid 2.

Microsoft declares victory over holiday season

Microsoft, murdering all holiday mirth, claimed victory as the number one console seller in the US this holiday season, beating second place Wii (around 600,000), and third place laggard PS3 (491,000). Boosted by "must-have" titles, like Gears of War, and the overall shortages faced by its competitors, Microsoft announced it has sold over ten million total units and over a million this holiday season alone. Not bad for $300-$400 a pop. Then again, at $600 a pop, PS3s grossed about $250 million, as much as only $50 million less. Not like the pure dollars matter though (since most console sales are not very profitable); its all about the recognition.

Microsoft wins again!

Oh, and the earlier post about when is Microsoft going to combine the 360 and PCs...duh, that shit is on the way. I have to say in this three way race, I'm pulling for Nintendo. While the other machines may be stronger, the Wii is just more innovative and fun, i.e. I would rather see games go that way then the Microsoft way: straight to the dark side.

Nintendo News Channel

Nintendo has decided to branch out from its six year-old target audience by providing a news service powered by AP through its Wii Network. It is good to hear that they are again thinking outside the box; I spent so much time when I was younger fiddling around with my Nintendos, that I bet I would read the news too, it it were available.

Nintendo Launches Wii News Channel

Right now, it appears that only AP will provide content. I wonder if Nintendo will begin seeking news content from others and try to make there Wii network a legitimate news source hub, or whether, they will choose to keep it simple? Will other news sources want their stories available also? My how consoles have changed: I remember when my Nintendo came with a gun. Now it comes with news?

Media distribution through these next-gen consoles is just blowing up.

What Games has Tose Made?

This article is the first I have heard of Tose, a large developer who works mostly in secret doing contract work for some of the heaviest hitters in the business. They are the largest non-publisher game developer. Apparently, they have worked on over 1,000 titles, but the list of which games these are, is secret. The article mentions that they have made a name for themselves from porting popular titles between platforms. Eventually, this porting relationship transforms in to the beautiful flower that is allowing Tose to develop a game and then having the publisher slap its brand on it. Still though, this article made me feel a bit betrayed, like when Capcom developed the Legend of Zelda: The Minnish Cap --> it was a good Zelda game, but it just wasn't Nintendo.

Gaming's Dirty Little Secret

If Tose made modifications, who would get sued if one of these ports infringed an existing copyright or patent? I wonder how far the games companies would go to keep that game list secret? Would the company absorb the lawsuit on a given game in order to not have to reveal its relationship with Tose? Tose is barely mentioned in the credits of most games it works on, and it prefers to stay that way.

DS as a phone?

Apparently, there are hacks out there that can turn a Nintendo DS into a cell phone. Also, apparently, the technology is not very good, perhaps owing to the "craptacular" microphone. I wonder if the hacks become better, will Nintendo sue whoever provides it? Can they even stop it?

DS Phone Article

Hold your Wee for a Wii 2

I guess I was right...a lawsuit was promptly filed. The worst part is that the radio DJs knew about water intoxication and its ill-effects. WTF were they thinking?

Lawsuit Filed

Very shameful.

Hold Your Wee for a Wii

A Sacramento radio station decided to hold a contest that ended most tragically. Jennifer Strange, after drinking as much water as she could and then holding it all in for as long as she could, died from water intoxication in her attempt to beat the other contestants and get her hands on the oh-so-hard-to-get Wii. Nobody needs to put their law visor on to see that a lawsuit will be following.

YouTube News Story

I would make some smart-ass comment about this, but this really is a sad event. She was a mother of three, entering the contest to win the system for her kids. Rest in peace.

American Video Graphics Lawsuit

One of the first cases to catch my interest is a patent litigation involving American Video Graphics and basically every video game and hardware manufacturer. AVG is a company that acquired some patents a few years back originally granted to Tektronix back in the 80s. Now they are deciding to hold the video game industry hostage with their 4,734,690 patent "Method and Apparatus for Spherical panning." As argued by plaintiff’s pleading, the patent is meant to cover the following: imagine an object at the center of a sphere. By placing a camera on the sphere that always faces the object, a user can move the camera along the sphere to get different angles of the object. The radius of the sphere can be changed, effectively zooming in and out. Is it just me, or does this cover every freaking game created since 1996. If we think about the revenue that has been generated by "infringing" games...well...this case could be worth a lot of money; the thing that pisses me off is that, not only is AVG manipulating the video game industry (whom I love dearly), but they are also manipulating the American patent system (which I may love just a little bit more than Pearl Harbor sucked). As one PC manufacturer put it, "The patents are a mixture of an extremely general, vague variety and of an incredibly dense and complex variety. Manufacturers would need to pay a patent lawyer a lot of money to decipher whether they're even in violation of the more complex ones or not. The bringer of this suit is very conscious of that." AVG are types of fools that give the law a bad name. Who's with me? To top it off, AVG established itself (right before this suit) in the Eastern District of Texas, so that the Federal courts there would have jurisdiction over this case. Why? Because in the 5% of patent litigations that actually make it to trial in this jurisdiction, plaintiffs win 78% of the time. Coincidence...I think not

For more info:

Graphics patent holder sues Sony, MS, Nintendo

3D patent suit extended to Dell, HP, IBM, Sony, others

Patent Suits Target Game Industry