Normally when we see somebody filing a lawsuit with interface-related patents in question, we're talking about
some vague thing filed a couple months after that product went into production and with little relation to the real-life technology under fire. No such luck for Nintendo this time around: Patrick Goschy, an ex-Midway employee, has a YouTube video of himself demonstrating something astoundingly similar to a Wiimote / Nunchuck... eight years ago. His demo shows his hacked-together controllers providing a surprisingly-responsive interface for a bit of Ready 2 Rumble Boxing on the Dreamcast. Goschy, who appeared on Fox News in Chicago last night, says that he has had no formal involvement with the Wii, but holds the related patents
and is taking Nintendo to court over its implementation. Rumor has it that Nintendo might have to sacrifice as much as 47 seconds of retail profits were the company to lose in court. Video is after the break, brace yourself for a complete lack of pants.
[Thanks, Boyo]
Update: Patrick's wife Sheri contacted us to set the story straight and says that Patrick isn't suing Nintendo (yet). She also gave us the link to
the news story, which provides some further info and a Nintendo statement which denies any Goschy involvement in the Wii's technology.
Reader Comments (Page 1 of 2)
Boyo @ Jan 14th 2008 12:15PM
;)
FrankTheCrank @ Jan 14th 2008 12:58PM
Oh my god...that mullet is priceless.
I'm in stitches.
James @ Jan 14th 2008 1:01PM
Buisness up front, party in the back.
FrankTheCrank @ Jan 14th 2008 1:11PM
His look screams Jacksonville, FL sometime in the 90's.
bcollinstex @ Jan 14th 2008 2:34PM
The "mullets" have it...
kevjohn @ Jan 14th 2008 3:54PM
$10 says he still hasn't gotten a haircut since then.
russ @ Jan 14th 2008 6:29PM
That's a pony tail.
skulldriveshaft @ Jan 15th 2008 3:38AM
So if you develop something in a vacuum, and all of a sudden it becomes part of a very popular (not profitable mind you) system, where does that leave you? Would now have to spend precious resources on searching through patents offices in every country you were going to be introducing your product?
What a minefield for any company doing business in the US, and it's patent system. Just amazing we don't have the courts clogged with patent lawsuits covering everything that has ever been made. I imagine that only electronics, manufacturing related items, and pharmaceuticals have the type of people writing patent law to make sure they make money from someone else (they seem to be the greediest). Oh wait, I forgot about one company, MONSANTO, for suing farmers, for illegally growing it's Genetically Modified crop.
And MONSANTO won, here's one case for you to think about: http://www.bnd.com/business/story/221785.html
Did the individual incubate the idea and try to spend money on marketing? oh wait it's owned by the company, sorry doesn't belong to you. We paid you to try and come up with something awesome, and the president would look at it and say "we're supposed to be making games, who authorized this? you're fired" and then Konami does the MoCap Boxing the following year, naturally evolving their arcade games from Rescue 911 and something I can't spell :]
I wish I had a video camera when I was a kid to record all the crazy shit we did with ATARI controllers! now THAT was prior art!
Why does the guy in the VIDEO say to contact Mark Myers @ Midway Games? I know he was like an Executive Producer of some big titles. What was he doing at that time? only corporate filings can reveal that.
Does this become the target of C'r'opper NON Inn'er'ovations Gr'ubs'oup claims? Because this video came after their patent filing, notice how they both use micro-controllers, accelerometers, etc, etc. Or they don't care because MIDWAY didn't wander into this area of the industry?
How could the patent office have issued a patent on something so clearly in violation (sic) on the OTHER patent?
Do they get to sue each other instead? and then whoever wins gets to go after SONY + NINTENDO?
EVERY R&D department is now going to require closed circuit 24 hour recording systems in every room, on every table, and portable cameras, because if you don't file, you have to document, and if you don't document you have no proof.
Boyo @ Jan 14th 2008 12:18PM
Patrick Goschy is his name
Boyo @ Jan 14th 2008 1:40PM
http://www.myfoxchicago.com/myfox/pages/Home/Detail?contentId=5478742&version=1&locale=EN-US&layoutCode=VSTY&pageId=1.1.1
Here is the Fox "News" Chicago (Home City Of Midway Games) Report and interview with Goschy.
jmd @ Jan 14th 2008 12:22PM
hmmm...isn't his only a 2 axis vs a 3 axis for the wiimote? and doesn't the wiimote use an infrared system, not movement sensors?
what patent is he defending? The wiimote is closer to the power glove then this thing is to the wiimote.
Les @ Jan 14th 2008 12:35PM
the wiimote uses infared for the pointing the cursor. the accelerometers are for movement sensing
Andrew Jones @ Jan 14th 2008 12:36PM
No - the wiimote includes both an IR camera and 3-axis accelerometer. Boxing uses exclusively the accelerometer.
Withad @ Jan 14th 2008 12:55PM
I'm guessing he's more interested in the similarity to the nunchuck. His design seems to have a lot more in common with that than with the Wiimote. I'm not sure if it has enough in common to claim patent infringement, though.
Paul @ Jan 14th 2008 1:09PM
Also if you watch the video through to the end he mentions they are working on a 3-axis version that is wireless...
So from that you can infer that they probably had patents on both the 2-axis wired and 3-axis wireless.
midiwall @ Jan 14th 2008 2:33PM
@paul: "Also if you watch the video through to the end he mentions they are working on a 3-axis version that is wireless..."
Not really, he says "_If_ we had a 3-axis version..." @ 2:51. He _does_ say "We are currently working on a wireless version, and a version that uses a faster microcontroller" @ 2:31.
And folks, those aren't boxer shorts - they're short pants. You can see the pocket line on his left.
f.inscoe @ Jan 14th 2008 12:25PM
What's sad is that the Ready 2 Rumble graphics are on par, if not better, than Wii Boxing. Evidence that I didn't buy a Wii for it's amazing graphics performance.
Zak @ Jan 14th 2008 12:56PM
Have you even seen Metroid Prime or Mario Galaxy? Wii Boxing is not, nor was intended to be a showcase for the Wii's graphics abilities. I'm not saying the Wii is as good as the 360 or PS3, but it still looks really nice with a game that takes advantage of what it can do. Wii Boxing is not that game.
And just in case, because some people still don't realize this - games like Zelda look SO MUCH BETTER on an HDTV or EDTV using component cables and 480p instead. It's like night and day, literally. My component cables were on backorder so for the first few weeks I had my Wii I was using the standard AV cables and regular standard def. When I got the component cables and set up the Wii to use 480p, and fired up Zelda - I very literally thought it was a different game for a few seconds. Vast improvement.
I just think some people who complain about the Wii's graphics aren't using it in 480. Like I said it's still not as good as the 360 or PS3 - but that being said, there is a world of difference between standard def with av cables, and 480p with component cables.
John B @ Jan 14th 2008 1:41PM
None of the games in "Wii Sports" were meant to be groundbreaking with respect to graphics. They were meant to be a quick and fun way to get you learn to use the Wiimote/nunchuck.
Personally, I think that the "Need for Speed" games are very well done for the Wii. I was quite surprised how fluid and detailed the graphics are in "NFS: Carbon", and from what I hear the newer NFS (I forget the full name) has phenomenal graphics. "Super Mario Galaxy" and "Metroid 3" are excellent as well.
The problem is that you can't compare the Wii with other consoles. It was never designed to focus around graphics, whereas that was the core premise behind the 360 and PS3. The Wii was and is all about gameplay. As so many games from the Commodore 64 and 256-color VGA era proved, you don't need great graphics to have great gameplay, but great graphics usually don't mean anything without great gameplay.
Mtirv @ Jan 14th 2008 4:06PM
Zak:
480p? WOW, that's pretty new, up to the times, and high-def.
*looks at my 1080p NCAA College Football 08*
thethirdmoose @ Jan 14th 2008 6:37PM
*Looks at 1080p NCAA College Football 2008*
Fuck. I'm playing a college football video game.
hoop @ Jan 14th 2008 12:29PM
Worst. Lawsuit. Ever.
I don't really mind the lawsuit (they'll probably end up settling, if the suit has any merit), I just wanted to make a Comic Book Guy reference in response to that picture.
James @ Jan 14th 2008 1:03PM
Worst. Post. Evar.
Bittermormon @ Jan 14th 2008 12:32PM
Hindsight being what it is...I'd bet he wishes he wore pants before making that vid.
MEAT! @ Jan 14th 2008 12:41PM
I shudder to think what will happen should Nintendo decide to counter sue the pants off him.
Student Driver @ Jan 14th 2008 12:59PM
@MEAT!
Midway did, hence being a former employee and completely devoid of pants.
Paul @ Jan 14th 2008 1:11PM
@Student Driver: I believe in the video he is a current midway empoyee at that point because he mentions contacting him at midway.
Michael @ Jan 14th 2008 4:06PM
Come on guys... really, that's all you have? Comments about pants?
For the record, those are flannel shorts. I used to own tons of those in the late 90's. They were very popular in the mid 90's. A friend of mine still wears his today. (Yes, my friend needs a new wardrobe.)
They are not boxers!
MEAT! @ Jan 14th 2008 4:22PM
What have you got against pants?? I happen to like pants! How _dare_ you insult the pants! Nothing is more important! NOTHING! YOU HEAR ME?
Grey Acumen @ Jan 14th 2008 11:54PM
this looks like a job for Emergency Pants!
cookie for the one who guesses the reference.
owen @ Jan 14th 2008 12:32PM
I hope he gets at least a couple million dollars if he is legit. then he can start his out company dedicated to making wii games
Oinquer @ Jan 14th 2008 12:47PM
...why doest this guys only appear when the company is making loads of money with the product??
if Wii had been like Gamecube or Dreamcast i bet he wouldn't be suing Nintendo...
well...another guy trying to grab some easy money......
gonna use my vacation time to make all sorts of controllers i can imagine and maybe sometime soon i can squeeze some money like him!!..........
Jason @ Jan 14th 2008 12:52PM
@oinquer
While I thought the same thing, why the guy did not press the issue when the WII first came out. I thought for a little more, and then figured maybe he was consulting lawyers and such, and attempted to get in contact with Nintendo, prior to pursuing the lawsuit.
I could be wrong though.
Jeff @ Jan 14th 2008 12:56PM
Oinquer:
I imagine he appears when somebody's making money off his product because, you know, it'd be pretty pointless to sue them otherwise.
This is the reason why the patent system exists, folks. It's to protect people who otherwise have little money but do have good ideas. Otherwise, nobody who doesn't work for a major corporation would ever be able to create something and make a product out of it. (This is also the reason why patents expire; you have a set number of years to put your idea into action, and then it's up for grabs.)
Say what you want about patents, this is how the system is designed to be used. You have an idea, it's yours to run with for a limited amount of time. If somebody else takes it from you in that period, then you're entitled to royalties and damages. That way original ideas are protected and the little guy doesn't get screwed.
Sounds like he did actually file patents too, so he's got more than just the videos to rely on from a legal standpoint.
Alex Padilla @ Jan 14th 2008 12:36PM
Video after the break? I have not made visual contact with said video.
tiuk @ Jan 14th 2008 12:37PM
Good for him.
Halfmad @ Jan 14th 2008 12:37PM
I doubt he'll manage it, technology behind the ideas might be slightly different, in which case no doubt Nintendo can body swerve this, the idea and theory behind is has been around for a long time.
Rainier @ Jan 14th 2008 12:38PM
Is that Jeff "Comic Book Guy" Albertson from The Simpsons?
riggs @ Jan 14th 2008 12:41PM
i am saddened by the fact that you know his full name.
Rainier @ Jan 14th 2008 12:43PM
Cheer up riggs; I had to Google his full name.
linkman2004 @ Jan 14th 2008 12:56PM
He looks more like an original Klingon to me.
Lars @ Jan 14th 2008 2:51PM
It was only mentioned once, in a somewhat recent episode. I was a little disappointed when they revealed his name. I like the fact that they had no reason to refer to him by name for the past 15 or whatever years, that was hilarity in itself.
Lars @ Jan 14th 2008 2:51PM
It was only mentioned once, in a somewhat recent episode. I was a little disappointed when they revealed his name. I like the fact that they had no reason to refer to him by name for the past 15 or whatever years, that was hilarity in itself.
Lars @ Jan 14th 2008 2:52PM
What the hell, Blogsmith? I posted once...
charlie @ Jan 14th 2008 12:40PM
Do you know the meaning of prior art? I don't think you are using the term correctly.
Prior art would be used to defeat the patent and would have to predate the filing of the patent.
In your article you seem to imply that the prior art will help the patent litigation. Also, the patent is atleast 12 years old so 8 year old 'prior art' is not prior art.
narco @ Jan 14th 2008 12:40PM
The shorts he's wearing is proof that this was done 8 years ago.
FThorn @ Jan 14th 2008 12:47PM
The Japanese have always copied stuff. You know the old saying, great artists steal. And MS STOLE the Mac OS desktop. (I know, I know...other desktops were before that, too)
redspear @ Jan 14th 2008 1:01PM
yes and the Apple Desktop was stolen directly from the Xerox Parc. The Apple Lisa was an almost exact copy of the Xerox Star except that it was slightly less advanced. Xerox even sued Apple in the late 80's but the courts determined that Xerox waited around to long and the suit was thrown out for being too late. Apple is hardly an innovative company either.
Either way this isn't an article about MS or Apple this about Nintendo. I highly doubt taht Nintendo stole this patent but it is possible they violated his patent. Most likely this case will be settled if there si any veracity to his claims and if the patent holder is reasonable.
John @ Jan 14th 2008 1:07PM
congratuliations, you just made a total fool of yourself by bringing apple up even though this has nothing to do with it....dumbass
jdmbo1 @ Jan 14th 2008 1:07PM
480 isn't bad, but for a next gen system, it should have at least 720, if not 1080.