Would-be cloud gaming entrepreneurs take note: OnLive has secured its own cloud gaming patent. VentureBeat reports that the patent was awarded to OnLive head Steve Perlman, who submitted it way back in 2002. The patent covers "Apparatus and method for wireless video gaming," specifically the transmission of compressed game signals from one location to another. The concept for the set-top-box is also covered in the patent's claims.
The patent represents a potential hurdle for other cloud-based gaming startups, should such services use similar methods of delivery. For what it's worth, Perlman stated that he has never sued anyone for patent infringement. Thankfully, Joystiq's foward-thinking cloud gaming service will remain unaffected, as the entire operation runs on tin cans and string.
Reader Comments (31)
Posted: Dec 14th 2010 1:29PM sigma8 said
Patents really sound like a good idea until you start looking at what gets patented these days.
Some stuff really deserves to be protected, but other stuff should be copyable, otherwise people will innovate once and sit around on their patents and prevent others from making progress.
I think the best thing at this point would be to just reduce the duration of patents to something like ~5 years. Instead of ~20. The 20 year figure was decided at a time when information and industry moved at a much slower pace.
Some stuff really deserves to be protected, but other stuff should be copyable, otherwise people will innovate once and sit around on their patents and prevent others from making progress.
I think the best thing at this point would be to just reduce the duration of patents to something like ~5 years. Instead of ~20. The 20 year figure was decided at a time when information and industry moved at a much slower pace.
Posted: Dec 14th 2010 1:46PM jsx92 said
@sigma8 You mean like software?
http://nosoftwarepatents.org
You're not the only one who thinks so, unfortunately, the lines between software and methodology get skewed quite easily.
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http://nosoftwarepatents.org
You're not the only one who thinks so, unfortunately, the lines between software and methodology get skewed quite easily.
Posted: Dec 14th 2010 2:10PM Ordeith said
@sigma8
Copyright is abused worse than patent. I Would like to see that corrected as well.
It should be put BACK to the original 14 - 28 years. This 70 years + the life of the author is ridiculous.
Most of the copyright problems would be solved simply by doing that.
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Copyright is abused worse than patent. I Would like to see that corrected as well.
It should be put BACK to the original 14 - 28 years. This 70 years + the life of the author is ridiculous.
Most of the copyright problems would be solved simply by doing that.
Posted: Dec 14th 2010 2:33PM CamelCamelCamel said
@sigma8 Just so you know, I hold the patent on the three paragraph, thoughtful internet comment. I'll allow it this time.
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Posted: Dec 14th 2010 3:17PM sigma8 said
@Ordeith Totally agree. The reason copyright/patents were created was to incentivize inventors, and it's totally worthwhile to do so. It's no fun coming up with something when some bully company with more resources can just take your idea and commercialize it. However, it's gotten to the point where even having an idea at all is more of a legal exercise than anything else. Going to market without having an army of lawyers check the archives for nearly 100 years worth of still-valid copyrights and (last 20ish) years of patents is very onerous to the invention process.
I would also argue it scarcely helps those it sought to protect. Resting on its laurels is basically signing a corporate death warrant. It encourages stagnation, and stagnation kills companies. Two examples of IP-centric companies that immediately spring to mind are SCO and Rambus. SCO is teetering at the brink, and Rambus is doing much better, but it's basically on multiple-life support systems. They're not actually DOING anything. They're just getting money by preventing others from doing stuff. I'm not sure how that increases "innovation".
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I would also argue it scarcely helps those it sought to protect. Resting on its laurels is basically signing a corporate death warrant. It encourages stagnation, and stagnation kills companies. Two examples of IP-centric companies that immediately spring to mind are SCO and Rambus. SCO is teetering at the brink, and Rambus is doing much better, but it's basically on multiple-life support systems. They're not actually DOING anything. They're just getting money by preventing others from doing stuff. I'm not sure how that increases "innovation".
Posted: Dec 15th 2010 10:31AM pmiddy said
@sigma8 stats please. There have been about 73,000 people registered to submit patents to the Patent Office since the beginning of the certification (which is decades old). I would think that there are more than 73,000 people inventing things on a daily basis.
As for the comment that the 20 year term, actually, it was set in 1995 to be 20 years from the earliest claimed filing date, not 17 years from the issuance of the patent which was the old system. It actually shorted the period for patents because under the old system, you could keep extending your patent rights by 17 years every time you got a new patent. Now, your patent term runs out 20 years from the earliest patent you filed on that technology.
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As for the comment that the 20 year term, actually, it was set in 1995 to be 20 years from the earliest claimed filing date, not 17 years from the issuance of the patent which was the old system. It actually shorted the period for patents because under the old system, you could keep extending your patent rights by 17 years every time you got a new patent. Now, your patent term runs out 20 years from the earliest patent you filed on that technology.
Posted: Dec 15th 2010 3:37PM stevo13344 said
@CamelCamelCamel as soon as you allow one person you allow them all. this would hurt you in court if you tried to enforce it in the future.
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Posted: Dec 15th 2010 5:11PM sigma8 said
@pmiddy
Okay, I'll see if I can find some stats that show that there are more than 70K IP attorneys. According to some google search I just did, there are over a million lawyers in the US--certainly not all of them practice patent law. That stat seems harder to find. However, it still seems pretty ridiculous to me. And 17 years vs 20 is ...something, but I was thinking it should be in the single digits. If it's going to take you 10 years to ramp up, maybe we could have special slowbie patents that allow others to copy UNTIL the patent holder releases something. (Silly, I know)
One interesting patent story is the one of asymetric key encryption. That was patented until 10 years ago or so, and essentially delayed commerce on the web until it expired. I know it's one of those "what if" scenarios, but seriously, all the great SSL stuff we do? It used to be much more tightly controlled by a small company just sitting on it, hoping to make money by charging massive prices for it, instead of going for the mass market. I'm sure they made some good money with it, but it slowed down progress overall. It can take 10 years for people to come up with non-infringing alternatives! Imagine how the music scene would have been if Fraunhofer had really clamped down on mp3. We don't always have ready alternatives for stuff.
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Okay, I'll see if I can find some stats that show that there are more than 70K IP attorneys. According to some google search I just did, there are over a million lawyers in the US--certainly not all of them practice patent law. That stat seems harder to find. However, it still seems pretty ridiculous to me. And 17 years vs 20 is ...something, but I was thinking it should be in the single digits. If it's going to take you 10 years to ramp up, maybe we could have special slowbie patents that allow others to copy UNTIL the patent holder releases something. (Silly, I know)
One interesting patent story is the one of asymetric key encryption. That was patented until 10 years ago or so, and essentially delayed commerce on the web until it expired. I know it's one of those "what if" scenarios, but seriously, all the great SSL stuff we do? It used to be much more tightly controlled by a small company just sitting on it, hoping to make money by charging massive prices for it, instead of going for the mass market. I'm sure they made some good money with it, but it slowed down progress overall. It can take 10 years for people to come up with non-infringing alternatives! Imagine how the music scene would have been if Fraunhofer had really clamped down on mp3. We don't always have ready alternatives for stuff.
Posted: Dec 14th 2010 1:39PM Jawmuncher said
I bought the Onlive Micro Console and got my code for a free game.
Now I'm just waiting for them to add more games.
I have to say at this point the lack of games is the biggest issue for me
Now I'm just waiting for them to add more games.
I have to say at this point the lack of games is the biggest issue for me
Posted: Dec 14th 2010 2:24PM georgefragr said
@Vidikron the performance has been awesome for me. i played most of the games so far and own nba 2k11 and unreal. online play is fine also and the games are in 1080p and look as good as playstation 3 games. i highly recommend it if you have decent internet. i have comcast regular service here in south NJ. i think i have about 8mg/s... look the console and controller its worth it
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Posted: Dec 14th 2010 1:43PM DustbinK said
So now even if onlive fails this guy is rich as this will undoubtedly be tried again in the future.
I really hope this works out though. The hardware box was definitely a step in the right direction.
I really hope this works out though. The hardware box was definitely a step in the right direction.
Posted: Dec 14th 2010 1:44PM Draco84 said
wouldn Sega have this patent from Sega TV?
Posted: Dec 14th 2010 2:08PM GeoffSchultz said
@Draco84
No but it surely treads on every other remote desktop solution on the planet. I don't understand why the fact that it has "games" as the subject matter makes it unique enough to be patentable.
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No but it surely treads on every other remote desktop solution on the planet. I don't understand why the fact that it has "games" as the subject matter makes it unique enough to be patentable.
Posted: Dec 14th 2010 2:41PM shattercross said
@GeoffSchultz
Well, you can also patent gameplay mechanics.
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Well, you can also patent gameplay mechanics.
Posted: Dec 15th 2010 10:35AM pmiddy said
@GeoffSchultz It doesn't - read the claims. You have to do something pretty specific that the prior art doesn't teach (I'm guessing - I haven't read the file history):
4. A set-top box comprising:
an interface that connects to a game card that provides a game platform to run a software video game, the game card including a processor, a memory and a graphics engine, the game card being operable to output high twitch-action video game data through the interface;
a unit to process the high twitch-action video game data for output to a display device;
a wireless transceiver to receive the software video game via a wireless network;
a compression unit for compressing the high twitch-action video game data with a latency of less than approximately 80 ms, but greater than about 5 ms; and
wherein the wireless transceiver is further operable to wirelessly transmit the compressed high twitch-action video game data to at least one remote user, and to receive commands from the at least one remote user, via the wireless network, the remote user being located beyond a transmission range of the wireless transceiver.
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4. A set-top box comprising:
an interface that connects to a game card that provides a game platform to run a software video game, the game card including a processor, a memory and a graphics engine, the game card being operable to output high twitch-action video game data through the interface;
a unit to process the high twitch-action video game data for output to a display device;
a wireless transceiver to receive the software video game via a wireless network;
a compression unit for compressing the high twitch-action video game data with a latency of less than approximately 80 ms, but greater than about 5 ms; and
wherein the wireless transceiver is further operable to wirelessly transmit the compressed high twitch-action video game data to at least one remote user, and to receive commands from the at least one remote user, via the wireless network, the remote user being located beyond a transmission range of the wireless transceiver.
Posted: Dec 14th 2010 2:39PM Shalabi said
All their games have hideous lag. These reviewers have totally downplayed the issue.
Posted: Dec 14th 2010 2:46PM shattercross said
@Shalabi
It depends... I actually have the fortune of living near one of their data centers, I've been playing through Splinter Cell Conviction and The Wheelman and have no complaints.
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It depends... I actually have the fortune of living near one of their data centers, I've been playing through Splinter Cell Conviction and The Wheelman and have no complaints.
Posted: Dec 14th 2010 2:47PM Nook said
What poor terminology, and a patent was issued on this?
Deplorable, no wonder the western world is rife with lawsuits. Patent applications should be more specific, otherwise I'll submit a patent filing for a method of data transmission via energy fields.
Deplorable, no wonder the western world is rife with lawsuits. Patent applications should be more specific, otherwise I'll submit a patent filing for a method of data transmission via energy fields.
Posted: Dec 14th 2010 2:51PM MasterYogurt said
Bullsh*t. Their methodology - code and network structure - is copyrighted. If they use proprietary server tech, it's patentable. Fine. But you shouldn't be able to patent an IDEA. If someone else wants to accomplish the same thing, they should have to do the research and work themselves, creating their own solutions. That's fine - that's the point of patents and IP protection. Now no one can even create their own solution.
The tech in THEIR set-top-box? Patentable. The IDEA of one? No.
How does the government dole these things out? What are they thinking? It's as if they have NO idea what the hell a patent is supposed to do, which is protect the work of a person, not prevent the work of someone else.
The tech in THEIR set-top-box? Patentable. The IDEA of one? No.
How does the government dole these things out? What are they thinking? It's as if they have NO idea what the hell a patent is supposed to do, which is protect the work of a person, not prevent the work of someone else.
Posted: Dec 14th 2010 2:53PM MasterYogurt said
At the least though, OnLive HAS a product that they actually SELL. That makes them better than all the patent trolls out there.
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Posted: Dec 14th 2010 3:27PM Adhesive said
But how will they handle data caps? i think this can be a decent product.
Posted: Dec 14th 2010 3:41PM hahnchen said
I don't think this is a big deal. Remote desktops have been around for years, even prior to the filing date for the patent.
Game services like OnLive are just a specific application of a remote desktop. For this patent to stand up in court, it'll have to be specific, and if it is - others will be able to work around it.
Game services like OnLive are just a specific application of a remote desktop. For this patent to stand up in court, it'll have to be specific, and if it is - others will be able to work around it.





