Legal Issues

Legal Issues

by Mike Masnick




Video Game Rock 'n' Roll Mired In Patent Lawsuit

from the get-ready-to-rock dept

rijit writes in with yet another interesting patent dispute. In this case, the publishers of the popular game "Guitar Hero," RedOctane, sued The Ant Commandos (TAC) for patent infringement. TAC, apparently, is putting up a fight and is suing right back. There are a variety of things in both of these cases that make it a bit different, and quite interesting. First, RedOctane's history is as a maker of unlicensed third-party peripherals (just like TAC) for other music-based video games, such as "Dance, Dance Revolution." So, now that they have their own game with its own peripheral device, it's a bit amusing that they're attacking the maker of an unlicensed third-party device. TAC's countersuit is also quite interesting. Rather than the typical defense (first you say the patent isn't valid, then you say even if it is valid, we don't infringe) they're charging RedOctane with antitrust violations. This seems like a risky idea and one that might not get anywhere. They're also saying that RedOctane stole the idea from TAC, and name some specific things that RedOctane has done, including visiting TAC's factory and ordering a number of their devices. If they're making that argument to show prior art and invalidate the patent, that makes sense. But, the anti-trust claim is going to be much more difficult to show. TAC is asking the court to force RedOctane to ship the game without its own controller, allowing buyers to buy their own controller from whoever they want. It seems unlikely that a court would ever rule that you can't sell a game like "Guitar Hero" without a controller -- but it's still interesting to see a company try to use anti-trust law against a patent holder.

25 Comments | Leave a Comment..

 
 

Reader Comments

(Flattened / Threaded)

    Sep 22nd, 2006 @ 10:16am
  • by anonymous coward

    my neighbor Bob is suing my other neighbor Steve because his tree roots are destroying Bob's back fence.

    about as interesting and ground breaking as the lawsuits above.

    (reply to this comment) (link to this comment)

  • Sep 22nd, 2006 @ 10:47am
  • All things considered,

    I'm happy that I can actually play guitar.

    (reply to this comment) (link to this comment)

    • Sep 22nd, 2006 @ 11:20am
    • Re: All things considered,

      by Anonymous Coward

      I'm happy that I can actually play guitar.

      You THINK you can play guitar. Everyone else can't stand your cat screeching noise.

      (reply to this comment) (link to this comment)

    Sep 22nd, 2006 @ 10:49am
  • Anti-Trust

    by krached

    This is common in patent disputes. If the defendant can get the patent to be held invalid, then the actions of the plaintiff look alot like someone who is trying to create a monopoly.

    (reply to this comment) (link to this comment)

  • Sep 22nd, 2006 @ 10:52am
  • Roots

    by The Original Just Me

    I'm interested to know if the roots went from one side of your yard to the other.

    (reply to this comment) (link to this comment)

    • Sep 22nd, 2006 @ 12:35pm
    • Re: Roots

      by nunya_bidness

      Bob works for RedOctain, and is suing Steve because the six huge roots going across his yard look like thier controller.

      (reply to this comment) (link to this comment)

    Sep 22nd, 2006 @ 10:53am
  • by Adam

    What next?

    Sue Nintendo for including a Wiimote with their Wii, as that would lock out 3rd party peripherals?

    (reply to this comment) (link to this comment)

  • Sep 22nd, 2006 @ 11:18am
  • But...

    by Sanguine Dream

    I thought for sure I've seen new copies of Guitar Hero in stores with out the guitar controller.

    (reply to this comment) (link to this comment)

  • Sep 22nd, 2006 @ 11:49am
  • Re: Re: Re: All things considered

    by Anonymous Coward

    Yes, dear. Someone had to break it to you....

    (reply to this comment) (link to this comment)

  • Sep 22nd, 2006 @ 11:53am
  • :*(

    This is what it sounds like when doves cry.

    (reply to this comment) (link to this comment)

  • Sep 22nd, 2006 @ 12:26pm
  • hahah GuiTARS!

    by Anonymous Coward

    i almost bought one of those TAC guitars.. maybe i still will.. or maybe ill wait for guitar hero 2 and just get a 2nd guitar with that

    i love that game ;)
    i beat every song on every difficulty
    and beat every song on easy medium,most of hard, and about half of expert with 5 stars

    (reply to this comment) (link to this comment)

  • Sep 22nd, 2006 @ 12:30pm
  • hmmmmm.....

    by Grandfather Time

    "It seems unlikely that a court would ever rule that you can't sell a game like "Guitar Hero" without a controller -- but it's still interesting to see a company try to use anti-trust law against a patent holder."

    Interesting, seeing as how a buddy of mine, and I play this together all the time, and I always get stuck using the PS2 Controller, whilst he uses the kick ass guitar.....

    (reply to this comment) (link to this comment)

  • Sep 22nd, 2006 @ 12:34pm
  • light guns?

    aren't light guns (the kind you use to play time crisis and duck hunt) third party peripherals (the original NES came with a light gun didn't it?).

    surely the whole idea of a third party peripheral, even the unlicensed variety, is prior art thanks to the lightgun.

    (reply to this comment) (link to this comment)

  • Sep 22nd, 2006 @ 1:21pm
  • by Anonymous Coward

    i don't remember a 3rd party light gun for the nes, but i think games like area 51 and time crisis had their own guns that were made with the help i.e. under the console's specificaions and were oficially licenesed by the vg console.

    other than that, i've never sceen a company go after mad catz or whoever for making 3rd party controllers

    (reply to this comment) (link to this comment)

    • Sep 22nd, 2006 @ 1:27pm
    • Re:

      by Grandfather Time

      Those games used what was called the GunCon (Gun Controller essentially). Which was packaged with a few of them, but sold nontheless as a lisenced third party peripheral, if I am correct. While other games, such as Lethal Enforcers, came prepackaged with clunky plastic guns........

      Anyone ever pointed an old NES zapper at a lamp that was turned on? =P

      (reply to this comment) (link to this comment)

    Sep 22nd, 2006 @ 1:58pm
  • GH w/o controller

    by Anonymous Coward

    "It seems unlikely that a court would ever rule that you can't sell a game like "Guitar Hero" without a controller"

    Yeah. Like selling a modern OS without some form of media playback capability.

    (reply to this comment) (link to this comment)

  • Sep 22nd, 2006 @ 2:14pm
  • Re: Re:

    by MasterDuckHunter

    Anyone ever pointed an old NES zapper at a lamp that was turned on? =P

    ...at a lamp? o.O had i not turned my nintendo into a bong a long time ago i might try this, however since it's in the current state that it is... what happens when you point the gun at a lamp?

    (reply to this comment) (link to this comment)

    • Nov 9th, 2006 @ 1:41pm
    • Re: Re: Re:

      by Randy

      When the trigger was pulled, the game blanked out the screen with a black background for one frame, then, for one additional frame, drew a solid white rectangle around the sprite the user was supposed to be shooting at. The photodiode at the back of the Zapper would detect these changes in intensity and send a signal to the NES to indicate whether it was over a lit pixel or not. A drop followed by a spike in intensity signaled a hit. Multiple sprites were supported by flashing a solid white rectangle around each potential sprite, one per frame.

      It is possible to cheat in games by changing the brightness and contrast of the television, or pointing the gun at a bright light. The gun thinks it is pointing at a solid white target and will report a hit. If there are multiple targets, the "hit" target will be the first to be lit with the white square. This is not as consistent with a fluorescent lamp due to the possible differences in timing of the lamp's flicker verses the timing of the television's refresh rate.

      This cheat, especially when done by pointing at an incandescent light bulb, seems to go against the drop – spike requirement, but it works. Changing the brightness and contrast so this cheat works can greatly decrease the life of older model television sets and cause the picture to look bright and washed out, which is why pointing at a light bulb is recommended. Pointing at a bare bulb seems to work better than covered, and cheap incandescent bulbs seem to work better than higher quality bulbs.

      Additionally, by using a magnifying glass on the gun, it fools the receptor into thinking that the rectangle is much larger than it actually is, allowing for a shotgun-like effect that will cover the entire screen.

      (reply to this comment) (link to this comment)

    • Nov 9th, 2006 @ 1:42pm
    • Re: Re: Re:

      by Randy

      When the trigger was pulled, the game blanked out the screen with a black background for one frame, then, for one additional frame, drew a solid white rectangle around the sprite the user was supposed to be shooting at. The photodiode at the back of the Zapper would detect these changes in intensity and send a signal to the NES to indicate whether it was over a lit pixel or not. A drop followed by a spike in intensity signaled a hit. Multiple sprites were supported by flashing a solid white rectangle around each potential sprite, one per frame.

      It is possible to cheat in games by changing the brightness and contrast of the television, or pointing the gun at a bright light. The gun thinks it is pointing at a solid white target and will report a hit. If there are multiple targets, the "hit" target will be the first to be lit with the white square. This is not as consistent with a fluorescent lamp due to the possible differences in timing of the lamp's flicker verses the timing of the television's refresh rate.

      This cheat, especially when done by pointing at an incandescent light bulb, seems to go against the drop – spike requirement, but it works. Changing the brightness and contrast so this cheat works can greatly decrease the life of older model television sets and cause the picture to look bright and washed out, which is why pointing at a light bulb is recommended. Pointing at a bare bulb seems to work better than covered, and cheap incandescent bulbs seem to work better than higher quality bulbs.

      Additionally, by using a magnifying glass on the gun, it fools the receptor into thinking that the rectangle is much larger than it actually is, allowing for a shotgun-like effect that will cover the entire screen.

      (reply to this comment) (link to this comment)

    Sep 24th, 2006 @ 3:58pm
  • Antitrust

    I'm not sure what the exact allegations are, but asserting that a patent holder has broken antitrust laws is not uncommon at all. There is a well formed doctrine labeled patent misuse that covers such illegal activity. I'm not sure if that is being asserted, but it isn't that novel of a defense.

    (reply to this comment) (link to this comment)

  • Nov 9th, 2006 @ 1:24pm
  • guitar hero 2

    by Randy

    well they made is to where you cant use 3rd party controllers for gh2

    i have a wired shredder and a wireless flying v and both dont work
    the green fret when pressed during a song activates the blue fret and the blue fret activates orange
    no other actions can be done the other frets do nothing and the striker does nothing
    you can pause though ..

    this is when you pay a song
    also to advance and go back in screens the blue advances and yellow goes back..


    pretty lame
    i was really gonna say screw buying gh2 since i would be limited to their POS sg guitar..

    (reply to this comment) (link to this comment)

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