intellectual property
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Officers' Quarters: Charter pirates
Every Monday, Scott Andrews contributes Officers' Quarters, a column about the ins and outs of guild leadership. He is the author of The Guild Leader's Handbook. I never thought I'd be writing an OQ column about intellectual property, but here we are: Hi Scott, I'll make this short and to the point, because I'm honestly at the end of my rope with just how disrespectful, inconsiderate, and shady some folks who play this game are. Without going into too much detail, we removed some folks from our guild a few weeks ago; they tried to poach our members and couldn't, so they ended up stealing our charter instead. I found out because I noticed them advertising in trade chat, so I scoped their website out. Lo and behold, there were MY words I worked so dutifully on, for many hours, over the course of a few weeks, with my co-GM and other officers. This charter was the result of almost a year's worth of questions, concerns, comments, and experiences we all have shared since forming our guild, and to see another guild just blatantly rip it off was infuriating.
The Think Tank: The curse of IP-driven MMOs
Whenever a new MMO with a popular IP is announced, there's a palpable sense of dread in the Massively virtual offices. Multiply that dread by a thousand if the IP is being overused in other media or the game is being produced by a studio with a reputation for churning out junk. Whether we're talking Star Wars, Dungeons and Dragons, Game of Thrones, or even gaming-centric IPs like The Elder Scrolls or Final Fantasy, that wariness is understandable. We've all been burned before. But even still, not all of the members of the Massively staff allow an IP to unduly influence their opinions about the MMOs themselves. In today's Think Tank, let's discuss just how cautious we are about MMOs saddled or boosted by popular IP-driven settings. Are they a boon or a curse?
The Daily Grind: What licensed property would you prefer not to see as an MMO?
I've become completely enraptured by My Little Pony: Friendship is Magic. I'm not alone in this regard. But odd though it might sound, I'm not really hoping for the show to move into the MMO space soon or, well, ever. It's a great setting, and it's a lot of fun, but I just can't help but feel as if it would lose something in the translation, especially as it almost certainly would be designed trying to appeal to two vastly different age groups. Sometimes, even if we like a setting, it just doesn't translate well to an online game. Maybe it's too focused on a specific set of characters, maybe it's aimed at disparate audiences, maybe it just doesn't lend itself to much variety in gameplay. So what licensed property do you like that you would rather not see adapted to an online game? Or are you happy to see anything you like turned into an MMO? Every morning, the Massively bloggers probe the minds of their readers with deep, thought-provoking questions about that most serious of topics: massively online gaming. We crave your opinions, so grab your caffeinated beverage of choice and chime in on today's Daily Grind!
Marvel Heroes assures fans that it's 'completely free'
Worried that you'll hit a content wall in Marvel Heroes and be unable to progress without taking out your wallet? Rest easy today, gentle player, for this is not to be. Gazillion President David Brevik said that he dislikes the vagaries of the free-to-play label and assured players that Marvel Heroes is going to be as up-front with its business model as possible. "We aren't just a little bit free," Brevik said. "We're completely free. All the content is free and there are others things that you can buy to enhance your experience but they are completely optional. This isn't a nickel and dime experience we're creating." Brevik admitted that the team had to take liberties with the Marvel IP to make it all work as an MMO but has faith that it will be received well by fans after the Avengers movie this past summer. Marvel Heroes is currently accepting closed beta signups.
Court of Appeals for the Federal Circuit tells Judge Koh to revisit Galaxy Tab 10.1 injunction
One of the hallmarks of the US judicial system is its seemingly inexhaustible system of appeals -- a system for which Samsung is likely most grateful at the moment. Its earlier entreaty to Judge Lucy Koh to have the Galaxy Tab 10.1 preliminary injunction lifted may have been denied, but the Court of Appeals for the Federal Circuit is giving the Korean company another bite at the Apple. That court has granted Samsung's request to have the injunction issue remanded so that the trial court can re-consider Samsung's motion to dissolve it. The ruling enables Samsung to argue that the injunction should be lifted because the jury failed to find infringement of the tablet design patent upon which the injunction is based. Will Judge Koh lift the ban? Perhaps, but we're pretty sure that the crowd from Cupertino will be doing plenty to prevent that from happening. Stay tuned.
Skyhook sues Google for patent infringement... again
Last time Google found itself in court proceedings opposite Skyhook, it was facing anticompetitive and IP legal claims for forcing Android OEMs to use Google's location services. Yesterday, Skyhook filed a new complaint alleging that Google is infringing nine of its patents. FOSS Patents reports that the IP in question is, like last time, all about geolocation technology. The patents cover various aspects of a WLAN-based positioning system, and all but one of them were granted after the prior lawsuit, hence the new legal action. We've yet to hear Google's side of the story, but you can take a peek at Skyhook's airing of grievances at the source below.
Apple wins injunction against Motorola in Germany over 'rubber-banding' patent
Hope and pray all you want, but the patent wars are far from over. The latest chapter in the ongoing game of IP Risk hands Apple a victory over the Google-owned Motorola Mobility in Germany. If you thought the recent licensing deal would put the kibosh on further flare ups between the two, you were sadly mistaken. The Munich I Regional Court awarded Cupertino an injunction against Moto devices over the so-called "rubber-banding" patent, which relates to the bounce back animation when scrolling to the bottom or top of a list. The fate of infringing phones isn't set in stone yet, as there's still room for appeal, though, a €25 million bond would score Apple an enforceable preliminary injunction. One relatively simple solution would be for Moto to implement the stock Android "glowing" animation, which would bypass Apple's claims. Though, an even better solution would be for all parties involved to quit their bickering over patent minutia and focus on making the best products possible.
38 Studios loan could impact state elections
If you've started to forget about the saga of 38 Studios' collapse, rest assured that Rhode Island politicians certainly have not. With the election coming soon, many in the state are scrambling to offset the blame for the $75 million loan decision and protect their positions. The Associated Press is reporting that it's being seen as a "liability" among candidates. One candidate, Mark Binder, addressed the continued furor over the issue: "If I don't bring it up, other people bring it up. Everyone is infuriated. There's this game going on in Rhode Island right now called 'pass the blame on 38 Studios.'" While many of those directly responsible for voting the deal through have since resigned from their positions, the search to pin the fiasco on one of the state's leaders is still underway. Another 2012 candidate, Laura Pisaturo, said that the public is demanding more answers: "People read in the paper about 38 Studios and think 'we elect these people and expect they will lead and ask tough questions.'"
Breaking free with your own IP: Insomniac's CEO on what's next (besides Ratchet & Clank)
There's a big craze these days with independent developers, though the idea isn't all that crazy. Developers, as it turns out, like to own the stuff they create – Ratchet & Clank developer Insomniac Games is no different. And here's something you might not know about Insomniac: the studio owns virtually none of the iconic characters or worlds it's created. Not Ratchet, not Clank, not the world of Spyro the Dragon. That last one cuts especially deep considering the vast riches Activision's reaped from its Spyro-based Skylanders game. The former two are Sony-owned.With Fuse (which we think used to be Overstrike) and Outernauts, Insomniac is pushing in a new direction. "For us, we're at the point in our growth as a company where we can own our intellectual property," Insomniac president and CEO Ted Price told us in an interview last week. "That's been gratifying for us because, as creators, controlling your own destiny – controlling the IP that you build – is important." Beyond its financial importance, owning IP also means unfortunate spin-offs of properties you created can't be farmed out to other studios (see: Resistance: Burning Skies).It's important to note what Price says about his studio not being able to own its previous projects. When Insomniac started in 1994, it produced only franchises owned by its publishers. Quite literally everything the company created up until Outernauts and Overstrike/Fuse was owned by outside forces. That's why you will assuredly see more Resistance games, despite Insomniac outright stating it won't work on any more (at least any time soon) – Sony owns the IP rights to the Resistance franchise and can do with them as it pleases.
Apple adds form to report intellectual property infringement on the App Store
Apple has added a site that allows iOS developers to report intellectual property infringement, The Next Web reports. Those who report infringement will be provided with a reference number, and contact with the maker of the disputed app will be given to the person who reported the infringement. Apple says contact with the App Store's legal team should be made by email from that point forward with the reference number. Other iTunes copyright infringement can be reported through another site. Hopefully, this will make it easier to cut down on the amount of ripped-off apps that appear in the App Store. Companies such as RealMac Software and Breaking Art have had near-cloned versions of their apps appear this year.
Tim Cook and Larry Page reportedly chat about patent war
According to Reuters, Tim Cook and Larry Page have been having behind the scenes chats over the last week or so, most notably about the ongoing patent proxy war between the two companies. According to sources, the Apple and Google CEOs spoke last week over the phone and are planning a meeting where, hopefully, they can hash out some of their differences. Discussions are also apparently taking place at lower levels, which could indicate this is a concerted effort to put to rest the tiresome battles over intellectual property. Unfortunately, details about what exactly the two talked about, and how broad those conversations were are unknown. But, it's definitely a good sign that the two sides are talking. Perhaps the relatively new corporate heads can avoid going completely "thermonuclear," as Cook's predecessor infamously threatened. Update: All Things D has gotten confirmation from its own sources, and points out that Google is "wearing several hats here," including one as the owner of Motorola Mobility, which is currently suing Apple. However, we're still holding out hope that the licensing deal struck between those two companies is a sign of better days to come.
Breaking down Apple's $1 billion courtroom victory over Samsung
With a 20-page verdict form and 100 pages of instructions to explain it, many figured it would take longer for the jury to render a decision. But, the tech trial of the century has concluded, with Apple scoring a not-quite-flawless victory over its rival Samsung. While the company didn't win on every count, its cadre of lawyers did convince the nine jurors to award Apple over $1 billion in damages for Samsung's IP transgressions. Join us after the break and we'll hit you with the legal math that gave Apple a ten-figure bump to its bottom line -- and served as a shot across the bow of every other mobile phone manufacturer.
Apple and Samsung finish closing arguments, jury to decide their fate
It's just one among many, but the headlining case in the Apple v. Samsung global war is finally drawing to a close. Today, each party attempted to persuade the jury of nine one last time with their closing arguments, and with the rebuttals complete, it is time for deliberation. Starting at 9AM tomorrow morning, the jury's job is to sift through the mountains of evidence proffered by each side, decipher the verdict form provided and reach a unanimous decision on the patent and trade dress claims at issue. Will Apple emerge victorious or will Samsung's arguments carry the day? Could a hung jury and a mistrial be the result? Tune in tomorrow (and maybe the next day, and the next...) to find out.
Samsung's defense against Apple patents begins with DiamondTouch table, LiveTile UI prior art
Samsung may have convinced Judge Koh to toss a few international handsets out of Apple's lawsuit, but the Korean firm still has Cupertino's patent licensing accusations to contend with. Their tactic? Convince the court that Apple's claim to the inventions are invalid, and that the technology was developed prior to the disputed patent's filing. It's called showing "prior art," and Sammy's done it before -- famously showing a scene from 2001: A Space Odyssey in an attempt to put Apple's iPad design claims to rest. Today's examples were more grounded in reality, focusing on debunking Cupertino's claim to the "bounce back" effect that happens when a user reaches the end of a page and common multitouch zoom / navigation gestures. Samsung pitted the famous "bounce back" feature against an old PocketPC interface called LaunchTile, which allowed users to navigate through 36 applications by zooming in and out and a panning across a grid-like "world view" of said apps. Movement between grids snap to each zone, marking the end of a page. Apple shot back, noting that LiveTile's snapping navigation didn't work on diagonals, and cited other differences as well. Samsung wasn't deterred, however, and brought out DiamondTouch, a projector based multitouch table that utilized both one touch scrolling and pinch-based zoom gestures. The table even takes aim at the aforementioned bounce-back patent with a technology called TableCloth, which bounces back images that are pulled off screen. DiamondTouch's creator, Adam Bogue, told the court that he had demoed the technology to Apple privately back in 2003, noting that it was also available to anyone who visited the Mitsubishi Electronic Research Laboratories' lobby. If the jury takes to Samsung's claims of prior art, it could severely cut Apple's claims against it. Even so, Cupertino's lawyers aren't going down without a fight, and still have a number of navigation and design claims that Samsung hasn't addressed. The two parties are expected to keep up the fight for about a week, we'll keep you posted on the inevitable revelations as they come.
Microsoft licensed design patents at issue in Apple v. Samsung, Surface lovers breathe sigh of relief
Last week, we found out about Apple's offer to license a bundle of IP -- including its iPhone and iPad design patents -- to Samsung back in 2010. Today, Reuters reports that Apple proposed a similar deal to Microsoft, and the folks in Redmond took them up on the offer. Details of the license itself are scarce, but the deal did, naturally, include an provision expressly prohibiting iDevice copies. So, for folks figuring that Microsoft might face a litigious future similar to Samsung's, think again. Looks like Ballmer and friends had the foresight to buy the rights to those rounded corners, edge-to-edge glass and black bezels on their forthcoming Surface tablets.
Vringo buys small Nokia patent portfolio as asset sell-off continues
Nokia's sale of the century hour continues, selling off a small intellectual property portfolio to Vringo. The little-known app maker has snapped up a bundle of 500 patents and applications from the Finnish phone maker, including 109 issued US Patents. The collection mostly concerns backbone tech, including communication management, signal transmission and cellular infrastructure. Neither company mentioned a figure, but Vringo revealed that Nokia's getting a chunk of any future profits made. There's PR after the break if you're curious enough to wonder if Stephen Elop's planning the mobile phone equivalent of a yard sale.
Rhode Island possesses 38 Studios' games, looks to sell
While 38 Studios is finished, its employees laid off, and its projects canceled, there's really only one thing left to be done: figure out what to do with the leftovers. The court granted the state of Rhode Island all of 38 Studios' assets, including rights to its single-player RPG and the unfinished Project Copernicus. The Rhode Island Economic Development Corp said that it will attempt to sell these assets to recoup as much of the loan made to the studio as possible. This may be a slight blessing in disguise for fans of the studio's projects, as the move was made to keep the intellectual property intact instead of having it be lost due to the company's dismantling. The games are being transferred to servers for safe-keeping and constitute a majority of the studio's remaining net worth.
Apple patents iOS 5's exposure metering based on face detection, keeps friends in full view
Many photographers will tell you that their least favorite shooting situation involves a portrait with the sun to the subject's back: there's a good chance the shot ends up an unintentional silhouette study unless the shooter meters just perfectly from that grinning face. Apple has just been granted a patent for the metering technique that takes all the guesswork out of those human-focused shots on an iOS 5 device like the iPhone 4S or new iPad. As it's designed, the invention finds faces in the scene and adjusts the camera exposure to keep them all well-lit, even if they're fidgety enough to move at the last second. Group shots are just as much of a breeze, with the software using head proximity and other factors to pick either a main face as the metering target (such as a person standing in front of a crowd) or an average if there's enough people posing for a close-up. You can explore the full details at the source. Camera-toting rivals, however, will have to explore alternative ideas.
Nokia completes acquisition of Scalado's imaging tech and developers
It's taken just over a month for Nokia to get everything in place, but its now announced that around 50 "world-class imaging specialists" have joined Espoo's already substantial mobile imaging department, alongside a stack of Scalado's technologies and intellectual property. The imaging specialist's co-founder, Sami Niemi, who will now head up the Capture and Relive section of Smart Devices at Nokia, said: "The technologies and competences we've developed should help move from taking photos to capturing memories and emotions." (We're sure those hulking PureView sensors will help too.) Take a look at Nokia's brief statement on its future in mobile imaging after the break.
HTC files two counterclaims against Apple in Florida
Today's exciting patent infringement news of the day comes courtesy of Computerworld, which reports that HTC -- which is being sued for patent infringement by Apple along with Motorola Mobility -- filed a counterclaim yesterday before a court in Florida. In its filing, HTC said that it had been assigned all rights, title and interest of a patent titled "Installation of network services in an embedded network server" that was originally assigned to HP. It said the same for another patent, "Method and system for central management of a computer network" that was assigned to Electronic Data Systems (EDS), which was acquired by HP in 2008. Both patents were apparently licensed or sold to HTC through HPs program for selling intellectual property. Yes, you too can license or buy these patents, then go to court to sue anyone who seems to be even partially infringing on HP's your intellectual property rights. HTC, which to my knowledge has never sold a server or any server administration tools, is claiming that Apple Remote Desktop, Apple Profile Manager, and other products infringe on the former EDS patent it now owns. It's also claiming that the "embedded network servers" exist in iOS and OS X in the form of services such as Newsstand, and that Macs and various versions of the iPhone and iPad are infringing on that HP patent. Excuse me, I'm going to Kickstarter a fund to license a bunch of HP patents and sue the pants off of HTC. It's a "quietly brilliant" idea, isn't it? Be right back...
