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Nintendo Wins Another Patent Battle - Sony and Microsoft to Follow?

A lawsuit by Fenner Investments Ltd. of Texas against Nintendo alleging patent infringement has been dismissed by U.S. District Court. Fenner claimed that Nintendo infringed a 1998 patent relating to analog joysticks with its Gamecube and Wii. The judge granted summary judgment in favour of Nintendo on March 17, 2009, but has yet to rule on the merits of the case against Sony and Microsoft, also named in the suit.

See our earlier coverage here.

Coverage also available here and here.

UTAH GOVERNOR VETOES GAMING LEGISLATION

Jon Huntsman, Utah's governor vetoed HB 353, a bill which targets both movies and video games.

Hunstman stated:
"While protecting children from inappropriate materials is a laudable goal, the language of this bill is so broad that it will likely be struck down by the courts as an unconstitutional violation of the Dormant Commerce Clause and/or the first Amendment. Therefore, the unintended consequence of the bill would be that parents and children would have no labels to guide them in determining the age appropriateness of the goods or service, thereby increasing children's potential exposure to something they or their parents would have otherwise determined was inappropriate under the voluntary labeling system now being recognized and embraced by a significant number of vendors."

The House of Representatives and the State Senate had easily passed the bill.

Coverage at: GameDaily.com

Controversial Ad Leads to Outrage ... and Potential Lawsuit

Submitted by Karine Bellavance

In response to a printed ad released by the U.K. government, it is reported that Sony Computer Entertainment Europe ("Sony") is considering legal action. This ad was published as part of the Change4Life campaign, backed by the British Heart Foundation, Cancer Research and Diabetes UK. It is reported that the campaign's intent is to promote an active lifestyle among children. The publicity depicts a young boy looking bored holding a PlayStation-like game controller and suggests that playing video games could "risk an early death". The message behind the ad has sparked outrage among gamers, publishers and industry trade groups.

It has been reported that the ad agency behind the publicity had not contacted Sony before using the PlayStation-like controller in the ad, leading to Sony considering legal action. Sony has reportedly stated that this negative portrayal of gamers is "a serious issue for the video games industry and one that needs to be dealt with by the industry as a whole".

In light of this controversy, some have suggested that such a lawsuit would be an overreaction, being that a limited number of people will be able to tell that the ad shows a PlayStation-like game controller. Furthermore, some have also stated that the real issue that should be looked into in this case is the misleading message behind the ad.

Coverage at EscapistMagazine.com and Techdirt.com

Rumoured Premium App Store Could Help Make iPhone the "Future of Game Play"

Submitted by Sylvie Lang
Rumours abound that Apple will launch a premium app store this week, at the same time as it unveils an updated iPhone operating system. The new "upscale" section of the Apple app store will only handle software programs that cost $20 or more. The new section will focus on more complex games and is likely aimed at helping game development companies such as EA and enterprise software companies such as SAP, offer premium applications that are more difficult and therefore more costly to develop. The Apple app store is highly successful, however the number of games available for $1 or less offered by independent developers has led to a cluttered store as well as a significant drop in game prices. If Apple does open the new premium app section as predicted, not only will it be easier for users to find more sophisticated and graphic focused products, but major game developers will also be encouraged to offer their more complex products in the Apple store instead of through competitors such as Blackberry. The launch of a premium app store would help Apple focus on making the iPhone and iPod touch the "future of game play".
Coverage at CasualGaming

PALTALK HOLDINGS VS. MICROSOFT

PalTalk Holdings has instituted legal proceedings against Microsoft on the basis that Microsoft's Halo and Xbox infringe its patents related to "controlling interactive applications over multiple computers".

Microsoft is challenging the validity of the patents and PalTalk's claim that the patents are worth $90 million.

These patents were originally registered by MPath Interactive who had many meetings with Microsoft regarding this technology.

The Washington State Patent Law Blog reports that Microsoft's motion for a partial summary judgment has been denied on the basis that Microsoft "has not met its burden of showing that the two patents were anticipated by clear and convincing evidence".

Sources: Gamasutra

and
Boston.com

New Zealand Raises the Bar for ISPs

Prime Minister John Key of New Zealand has decided to hold off on the implementation of the controversial Section 92A of the Copyright Amendment Act, until March 27, 2009. Section 92A of the Act requires Internet Services Providers (ISPs) to "have a policy to terminate the accounts of repeat copyright infringers in appropriate circumstances". While the amendments are considered to be inappropriate and flawed, the Telecommunications Carriers' Form has nevertheless prepared, and released for public consultation, a draft ISP "Copyright Code of Practice". While it is certainly fair for copyright owners to want to be able to protect their rights, many argue that Section 92A places too much of the onus on the ISPs to police, report and enforce possible copyright infringement. As it currently stands in Canada and the U.S., while ISPs may not be required by law to terminate the accounts of suspected infringers, the practical reality is that many of them, in the face of a sufficiently compelling letter from legal counsel for a rights holder asserting intellectual property rights (including copyright), will rely on their own applicable "terms of use" and immediately suspend or close the offending account.

Upon review of Sections 92A through 92D of the Copyright Amendment Act, I'd say that ISPs in New Zealand have a lot more to worry about than simply "reasonably" implementing terms of use that "provides (sic) for termination, in appropriate circumstances, of the account with that Internet service provider of a repeat infringer". To view the relevant sections, go here

Copyright Code of Practice

Articles: Stuff article and techdirt article

Sony, Nintendo and Nokia Sued for Patent Infringement

More fun with patents! This time, Texas-based Wall Wireless LLC is alleging that Sony, Nintendo, and Nokia have infringed its patent with Sony's PSP, Nintendo's DS and Nokia's N81, N82, N93 and N95 mobiles, as well as certain real-time online multiplayer games such as Mario Kart and WipeOut Pulse. Wall Wireless' US patent was issued in 2003 (patent #6,640,086 if you're so inclined), and claims that by "using an apparatus like a cellular telephone, an operator is able to create a message by singing into the apparatus or by pressing buttons on the apparatus as he listens to background music presented by the apparatus. By pressing buttons, the operator is able to generate sounds as if he was playing a musical instrument."

According to the Edge website, which obtained the court filing, Wall is claiming irreparable harm unless an injunction is issued, and of course seeks damages and all its costs and expenses. The filing states that each defendant received a notice of the patent in question "at least as early as October 2008", and that "as a result of Defendants' infringement of the "086 patent, Wall Wireless has suffered monetary damages that are compensable ... by no less than a reasonable royalty."

Coverage can be found here.