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Reader Comments (31)

Posted: Sep 6th 2006 2:32PM (Unverified) said

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FIRST (i hope)

I hope Nintendo don't do that
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Posted: Sep 6th 2006 2:32PM (Unverified) said

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Do a barrel roll!
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Posted: Sep 6th 2006 2:33PM (Unverified) said

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Ooo! I wanna say it first:

"DO A BARREL ROLL!"
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Posted: Sep 6th 2006 2:33PM (Unverified) said

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Dammit... someone beat me to it.

*pout*
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Posted: Sep 6th 2006 2:39PM Sinnix said

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It's junk like this that really bothers me about the entire patent system. Here I am coding a game with some friends for fun, and now I have to worry about companies like Nintendo coming down on us because we want to have a scoreboard?! wth!

The system DOES NOT WORK!
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Posted: Sep 6th 2006 2:37PM (Unverified) said

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I don't think Nintendo would do that. This stuff seems to just be describing what they're using in their games, I wouldn't say they're trying to protect it as intellectual property per se.
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Posted: Sep 6th 2006 2:48PM (Unverified) said

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All these patents and they havent put out a good StarFox game since N64?
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Posted: Sep 6th 2006 2:56PM MartyCota said

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They are probably doing stuff like that to cover themselves from other people makinga patent and then trying to sue Nintendo (which seems to be happening already with the WiiMote and Analog stick) If Nintendo were going to do something, they had plenty of chances to already do it with this patent!!!!
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Posted: Sep 6th 2006 2:53PM (Unverified) said

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software patents are evil
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Posted: Sep 6th 2006 2:56PM (Unverified) said

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This is extremely old and uninteresting.

Why even bother to post such old stuff (almost 6 years)is beyond me.
Same goes for that other blog entry (nintendo google past) etc.

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Posted: Sep 6th 2006 2:56PM (Unverified) said

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There was actually a very interesting article about this very concept in August's Edge magazine. I've got a sneaking suspicion that it's not available on their website, but hey, at least you can get the mag cheaper in the States now a days.

In any event, the basic premise of the article was that patent law has a major effect on video game development as #6 made clear. Innovators and small companies get screwed all the time. Unfortunately, with the way the laws are now, Nintendo pretty much has to do this type of thing, otherwise the exact same things would be patented by groups wholly uninterested in developing games, but only sitting around and waiting till some enterprising developer put out something worth playing and then suing them and forcing a settlement. In this regard, patents are seen as investments, although my sense is that for someone like Nintendo, they're seen as protections against future lawsuits.
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Posted: Sep 6th 2006 2:58PM (Unverified) said

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BREAKING NEWS.

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Nintendo has issued patent number #7648342323: The process of temporarly halting the progress of a game for cosmetic or in-game changes.

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In other words, the pause button. More at 11.
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Posted: Sep 6th 2006 3:01PM SAgreatn said

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Well, fred, you see it's damage control. They are trying to post a few negative Nintendo stories so as to appear fair and balanced with the negative Sony stories they posted today. Up next: Wii may not support DVD playback, according to some interesting evidence from Matt Cassassamassinanansnana.

I would also suggest, however, they look at nintendowiifanboy and the far cry article, which suggests that online may very well be ready by launch, and IGN's rumor could be false.
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Posted: Sep 6th 2006 3:10PM Danzig Logo said

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"I don't think Nintendo would do that."

Christ, and this is just ONE of the Nintendo-apologist comments so far. When are you people going to admit that Nintendo can be - and often is - just as scummy as MS or Sony? Being surpassed in sales seems to be the best thing to ever happen to them - they're now the nostalgic underdog who can do no wrong, with everyone lining up to buy their as-yet unproven gimmick system on day 1.
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Posted: Sep 6th 2006 3:16PM (Unverified) said

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Software companies do this all the time - it's very much like the cold war. Every company patents EVERYTHING, so that nobody will ever sue you for breaking their patents, since you could then fire your patents back in their face - you have to have these patents, or another company could sue you.

This system is breaking down, however, as people are beginning to patent things they never intend to sue - they just intend to sue real companies. You can't sue them back, as they have no software that is breaking your patents. It's not fun, but it's the way things work.
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Posted: Sep 6th 2006 3:31PM Nigeria said

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No doubt, Nintendo are evil. Don't be fooled by Mario's glazed, childlike eyes. Behind those immoral hollow holes lies the mind of an megalomaniac, capitalist who will stop at nothing to achieve complete Nintendomination.

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Posted: Sep 6th 2006 3:34PM (Unverified) said

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KR wrote:
"gimmick system"



Warning: Use of either the word "kiddy" or "gimmick". You lose the argument by default. The end.
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Posted: Sep 8th 2006 3:51PM (Unverified) said

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Jesus christ KR. Go out a little bit more.
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Posted: Sep 6th 2006 3:43PM (Unverified) said

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"Patent #31b: Polygonal anthropomorphic hare with Southern Accent."

"Patent #46a: Rotational translation process resulting in a temporary inversion of a aircraft's fuselage and cockpit." [i.e. do a barrel roll]

"Patent #16c: Expression of astonishment by an anthropomorphic wolf when performing a somersault." [WHAT THE HECK?]

Go on, make your own, it's fun!
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Posted: Sep 6th 2006 3:47PM (Unverified) said

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"All these patents and they havent put out a good StarFox game since N64?"

I hear Starfox Command is pretty good...
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Posted: Sep 11th 2006 8:48PM (Unverified) said

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Nintendo should patent the idea of pushing buttons to make things happen. That's a big one. Also they should make it known that if Peter Pan decides to reproduce (ie have sex) with a Christmas elf, the offspring will be legally owned by Nintendo since it will undoubtedly resemble Link.
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Posted: Sep 6th 2006 4:10PM (Unverified) said

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@KR
while i agree with you, today is not the best day to talk to the nintendo fans. they are feasting on the bad sony news today and also they will never accept that their company is involved in any shady deals. only M$ and $ony are evil. heres what you will get,"we have new people at nintendo, we have learned from the past"
i made a comment on how bad nintendo treated game makers and they nearly ripped my head apart, and they called me gay to boot.

i can find no reason as to why nintendo fans are considered the most insane of the bunch.
nope not a one
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Posted: Sep 6th 2006 4:11PM (Unverified) said

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Wow. Sony really does copy Nintendo, since I'm sure I've seen a level select screen in a Playstation game before.
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Posted: Sep 6th 2006 9:30PM (Unverified) said

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Im with kr#14. You young punks are clueless goody goody was once worst than sony an MS do your homework...developers not getting paid, who do you think started this exclusive crap we see today(NFL) nintendo had it set up so developer could only make games for nintendo then they had rediculous quality (some i can understand) but they went too far....We should all thank sega for coming out with genesis. They took those exclusive deals nintendo had and shoved it up their holier than thou asses! So yea it looks like communist ninty is back at it again
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Posted: Sep 6th 2006 5:01PM sand0789 said

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Just another case of Sony copying Nintendo. When I heard that Gengi 12 was going to have weak points that could be attacked for massive damage, I thought that was so innovative. Now, I know that they were just copying Nintendo. Nintendo could sue, but then Sony would counter sue for Nintendo's usage of real-time weapon change and giant enemy crabs.

My next paragraph will make a point that about patents that this instance does not apply to. Nintendo is just trying to cover their ass. This patent isn't to pull a BS lawsuit, or it would have already happened.

Honestly, though, Software and Bio patents are out of fricken control right now. Patents are supposed to help industry grow, by rewarding people for inventing cool stuff. Without patents, most people, especially big companies, would just hang back and wait for something cool, then copy it immediately. That, or steal it and beat them to market. Patents help innovation by making sure that it is rewarded, justifying the risk involved in innovating in the first place.

However, too many people abuse the system. The problem with a lot of things now is that people are just patenting broad ideas without ever developing them or intending to develop them. They wait for someone to fall in their little trap, then sue them.

To get a patent, you should have to have something that actually works. Even if it is just a prototype. This would force these scavengers to actually have to earn it a bit.

Nintendo, Sony, and MS don't really fall into this group. They actually make stuff that works, then patent it. That Sony lawsuit for rumble was somewhat bunk, but at least that company had a product, even if it was essentially just a weight that spun on a motor.

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Posted: Sep 6th 2006 5:57PM (Unverified) said

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Holy shit, so many greazy fanboys posting today. :(
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Posted: Sep 6th 2006 5:58PM Nmaster64 said

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They really shoulda picked up that barrel roll patent...
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Posted: Sep 6th 2006 6:06PM (Unverified) said

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Patents like this are filed primarily for protection. It prevents some little company from patenting these features then suing Nintendo and the rest of the gaming industry.
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Posted: Sep 7th 2006 6:58AM (Unverified) said

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>> To get a patent, you should have to have something
>> that actually works. Even if it is just a prototype.
>> This would force these scavengers to actually have to
>> earn it a bit.

So the sole inventor who cannot afford a $1 million dollar fab line should never get a patent on his create idea for a computer processor because he can't produce a prototype, right?

Dear joystiq readers: 99% of you know nothing about patent law. At all. Please stop commenting. You only show your ignorance (full disclosure: I work at an IP lae firm, specifically drafting/reviewing/litigating patents everyday) It's like I'm a doctor and I'm listening to people that "know what their talking about" because they say it on ER.

That all said, this patent in particular looks pretty weak given that it was filed in 1998. The claims, or at least claim 1, do cover a level select screen and a corresponding score for each level. Hmmm. Probably never should have been granted.

The system isn't as broken as you all think, and every idea you have for how to improve the system has been considered by people I guarantee are smarter than you are. I'm not saying I'm one of them, I have the IQ of a carrot sometimes, but I know the arguments advanced for just about every complaint I see here and they've all been considered.

Software patents are not any more evil than hardware patents, which people have been fine with for years.

-p-
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Posted: Sep 8th 2006 11:45PM (Unverified) said

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Right when nintendo sue for "wet water" and high scores then all the haters here can dump there shite on nintendo.
It's not gonna happen same thing if MS and Sony did it (and they have probably done somthin similer) I wouldn't see them suing over such basic features (well the high score thing anyway the wet water thing could be just some graphics tool?)
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