450°

Microsoft accused of 'egregious and wilful' patent infringement

The tech giant is facing a lawsuit for its alleged infringement of Patent 6,362,822 and Patent 7,061,488, relating to graphical lighting and shadowing methods.

Terminal Reality states that, while developing its own projects such as Nocturne, Bloodrayne, and The Walking Dead: Survival Instinct, it built and reiterated the Infernal Engine which it then licensed out to other studios.

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gamesindustry.biz
Eonjay2232d ago

Personally, I am against these types of lawsuits. However in Microsoft's case which has managed to make billions off of other people's products by claiming that competitors like Google stole their patent, I think its just medicine. Now let it be known that many companies do this and nothing will stop lawyers from trying to get paid for doing nothing. I think the worst of this was definitely King's lawyers and the whole attempt to patent the word 'candy'.

2232d ago Replies(2)
Gazondaily2232d ago

"Personally, I am against these types of lawsuits. However in Microsoft's case which has managed to make billions off of other people's products by claiming that competitors like Google stole their patent, I think its just medicine."

Eh? You're against these types of lawsuits? Why?

Secondly, you're okay with this lawsuit because of their past behaviour, despite acknowledging that all companies do it.

Also, have you had sight of of Terminal Reality's arguments in favour of their allegations of patent infringement? To reiterate (as I know the audience here), I'm not defending MS- just want to know why something, which you're against, is okay here, despite you not really knowing what this case is about (I am assuming this is the case).

" Now let it be known that many companies do this and nothing will stop lawyers from trying to get paid for doing nothing."

Lawyers doing nothing? They have to substantiate their claims and put forward an argument in their claim/defence. Let's have an intelligent conversation about this.

Before you lot jump on the "Oh no its Septic defending MS bandwagon", let me spell out my view on this and you're free to latch on to this because the comments below are already coma inducing: I think that the settlement agreement entered into by EA and TR and the rejection of the claims are strong evidence of a case that TR may have, without having sight of the docs.

gangsta_red2232d ago Show
ShottyatLaw2232d ago

The EA settlement is the telling piece. There's apparently enough there to keep the suits alive for a bit, but we're talking about lighting tech from early to mid 2000s. So every EA game in recent memory along with every MS game is utilizing this tech? PUBg is also included, which seemed odd.

I don't know. Seems like they're casting a really wide net, but have a bit of substance to get a few $$ in settlement.

BTW, I think Eonjay is just an old Netscape fan.

Eonjay2232d ago

"I think that the settlement agreement entered into by EA and TR and the rejection of the claims are strong evidence of a case that TR may have, without having sight of the docs."

Agreed. I am against these types of lawsuits because of the King example I listed above where infact they want to get paid for doing nothing. I think Microsoft deserves to have someone come after them as they have targeted all Android phone makers. I think that patent law needs to be looked at because these guys tend to be just bullies against people they think can't afford to fight them. For a perfect example, see the Universal vs Nintendo case over Donkey Kong. Thats right not only do users use patent litigation to make money doing nothing, they are also basic thieves.

Cyborgg2232d ago Show
rainslacker2232d ago

How would you be seen as defending MS here, as you are saying that these kinds of lawsuits may be OK, and MS is the one being accused.

+ Show (2) more repliesLast reply 2232d ago
Christopher2232d ago (Edited 2232d ago )

Sounds petty to be against it but not in this case.

Microsoft is in the business, like many major IT companies, of buying businesses for their patent controls. They understand patent law better than most.

I'm guessing this will result in a settlement out of court similar to EA in 2015.

My only confusion is why go after Microsoft for PUBG. Seems like they're throwing the kitchen sink in when clearly that would be Player Unknowns item (both IP control and development). This only tells me that this is more about a quick settlement rather than necessarily upholding patent security outside of the precedence that they will look for cash when you use it. Not really a deterrent here so much as "if we feel we can make money off of you, we will."

I also hate these type of cases but understand that they exist to prevent conglomerates from stepping over every small fry out there with no regard to IP. Without them, many IP considerations would make the IP themselves pointless and understood to be free use because of the inability to file opposing use cases. That's much worse for small businesses in every way as it's the one leverage they have in the free market over conglomerates.

rainslacker2232d ago

I don't think they're going after MS because of PUBG, it's just that PUBG used their tech. MS also made several games using their tech. It shows that MS had access to the tech ahead of time, and didn't just make it up on their own. Patent law can be tricky with software, because if someone makes a technique completely independent of one who ends of filing a patent, and they had no knowledge of said technique from another company then they can actually use their own independently created worth without any recourse.

Christopher2232d ago

I didn't say they were going after PUBG because of Microsoft. I said they threw that in there just to attach another game onto it ("throwing everything at them, plus the kitchen sink"), let alone a noteworthy one that really has no bearing, legally, on Microsoft here.

Cobra9512232d ago

I'm wholly against the idea of software patents. At the very least, you should not be able to patent anything simpler than an entire application. Anyone would understand that driving nails into wood with a blunt instrument is simple and obvious, but only the technically savvy would understand the equivalent obviousness and simplicity of using the boolean operator XOR to stamp one image over another, and then using it again to remove it non-destructively. That concept has been granted a patent, as have other similarly obvious methods of accomplishing something in software. They need to hire competent software engineers at the patent office, and then they need to go review and invalidate all the idiotic patents their employer has granted.

rainslacker2232d ago

There are certain types of things in software which couldn't be patented. Generally, what would be considered the simplest and most obvious approach to handling something. However, this doesn't typically apply to new techniques which do a specific action....like how to create light or shadow on a texture.

While once said technique is created, it may be the best or most obvious way to do it, a patent typically requires that the end result be a specific action, and it's that action which supports the implementation part of the patent. That kind of thing takes money and resources to create, and the patent system is there to make sure those who actually do such things can be compensated when they want to be.

While there are those who abuse the patent system, the patent system actually does work more than it fails. There just needs to be better laws to prevent the frivolous lawsuits which seem to crop up. Trademark law is actually worse, and should be address as well, because there are those who trade mark things which shouldn't be. Singular words shouldn't be able to be trademarked, except for their use as a company name, product/service.

porkChop2232d ago

"make billions off of other people's products by claiming that competitors like Google stole their patent"

Google DID infringe on Microsoft's patents, and they knowingly did it. That's why Microsoft makes money off Android. Microsoft's lawyers didn't just find some loophole. Microsoft's patents and ideas were built into the core foundation of Android, so deep that they can't be fixed without designing a new OS from scratch.

Atanasrikard2232d ago

Gotta love how everyone on this site is a patent lawyer, and a video game developer, and a hardware developer, and......

rainslacker2232d ago

I'm not when they're valid. Companies spend a lot of money or require some ingenious thinking to make up new techniques. They should be compensated for that work. If a company knowingly, and willfully just takes that and does their own thing with the same techniques or technologies, then they should be required to compensate the people who made it up.

I'm sure Terminal Reality sought compensation before filing the lawsuit, or at least put out a cease and desist letter, and MS refused. Other companies have to pay to license this tech through their game engine, so it's not right that that company can just take it for their own for other projects.

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AizenSosuke2232d ago

Microsoft You always make news bad or good at a constant at this point.

Pancit_Canton2232d ago ShowReplies(4)
UltraGaming2232d ago

Since they mention PUBG does that mean they are going after Epic since PUBG uses Unreal Engine 4

Christopher2232d ago

No. It's an external tool to that of Unreal Engine. You can integrate tons of tools if various purposes into UE, but you still need to get rights to use those tools.

UltraGaming2232d ago

To be honest Microsoft likely will fight it. It reeks of a dead company trying to get some easy cash

The_Jackel2232d ago

put yourself in their shoes though, work hard for this tech to then be stolen in a way and no money going to you.... id sue them aswell to get my share of the pie.
everyone boasts about ms having all this money yet they do shit like this im sure they wont miss 1 billion coz you know they already lost that innthe gaming devision already that fans havent seen anything for it.

Gh05t2232d ago

@The_Jackel

you forgot "allegedly" in that dumpster fire of retribution and hate for Microsoft. They haven't been found to be doing anything wrong ...yet.

LoveSpuds2232d ago (Edited 2232d ago )

If companies or individuals were unable to protect there investment with intellectual property rights, we would not see the advancement of technology, medicine etc that we currently take for granted.

Who knows how much investment was spent in developing the tools protected under those patent rights, why shouldn't they be entitled to profit from their investment.

If MS have infringed then they deserve to be held to account, you better believe that if the roles were reversed, MS would seek to prove infringement.

Wulfer2232d ago (Edited 2232d ago )

Troll patent grab!! Someone bought patents (from a dead company) and tried to tie as many companies including MS and Bluehole to the patents so, they could try and grab a quick buck. Nothing to see here.

rainslacker2232d ago

So? The company that got brought out got compensated. If they didn't, then they could fight this themselves. When a company buys another company, they buy the right to sue another company.

While I do not care for companies that do it, it's actually completely legal, and is just a transfer of who owns the patent. A patent doesn't suddenly become null and void because it's ownership changes hands.

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130°

Why is Steam Blocked in Vietnam? Government Shares Reason

Finally, the Vietnamese government has officially responded to Steam being blocked in the country.

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spieltimes.com
blacktiger6h ago

AMAZING! Thank You Gabe, stand for freedom of speech!!!!

PRIMORDUS5h ago

VPN to buy games, fuck that if it's allowed or not, or just use a VPN and torrent what you can.

250°

Take-Two CEO Doesn’t Think AI Will Reduce Employment or Dev Costs; “Stupidest Thing” He’s Heard

Take-Two CEO Strauss Zelnick doesn't think AI will reduce employment or lower development costs, and calls it "stupidest thing" he's ever heard.

lodossrage1d 12h ago (Edited 1d 12h ago )

They already have AI trained to do coding.......

How he thinks it's stupid is beyond me, Especially since we see it happening in real time.

CS71d 10h ago

Company A has 300 employees and lays of 200 to replace them with AI to release the same quality game.

Company B has 300 employees and keeps all 300 but instead uses AI to release a game with dramatically larger scale, scope, complexity, short dev cycle etc.

Company B would release a dramatically better product by using humans + AI and consumers would buy the better game.

I actually agree with this concept.

Huey_My_D_Long1d 10h ago (Edited 1d 10h ago )

This is key facet. Its how the AI is used. It's actually is impressive as is and really would make an amazing addition to alot of people in their jobs, not just tech. It also has the potential for businesses to use to lay off large amounts of people, as much as they could to save money on labor. I hope too many companies don't go with the latter. But since usually companies are worried about bottom line over people...we will see some try and hopefully fail. But yeah, if its to help workers like in your company B scenario I'm totally down...Just scared Company A may be too enticing to some ceos and businesses.

Darkegg1d 10h ago

Value of AI and value of humans will both be increased with human-AI complex. Each, by themselves, will not be independently better than the other. Whether AI will ever be independent from humans is the fear question of humans, ironically because of our doing. At this stage, most of the doing is because of humans, not because of AI. AI is doing exactly that by our design, until we have failed ourselves with an AI development that went awry. The biggest take is that humans have only ourselves to blame when things become wrong, and we have to decide what is the ultimate goal with AI we want to accomplish. It would take a person with high morals and high ethics to make right of AI. I would not want businessman to decide what AI should do or what capabilities it can have. AI should be in the hands of people with high moral fiber, or those operating on love, kindness, and compassion.

BlackOni1d 9h ago

AI is SUPPOSED to be used as a tool, not a replacement. It's designed to do two important things artists can take advantage of immediately.

- Make the ideation/reference imaging process much quicker and easier (basically using it as a google search)
- Make mundane and time consuming tasks faster and easier so more time is spent on creation.

Unfortunately, what many have done is used it as a way to replace rather than supplement.

Einhander19721d 6h ago (Edited 1d 6h ago )

CS7

In the ideal world yes.

In the real world where companies have shown little desire to innovate and spent every effort to maximize profits the end result will be the same quality games (if were lucky) made by less people and more AI.

Company Real World: Fires 200 people and makes the same game cheaper using AI and the executives get record bonuses.

Edit:

Lets look at history, specifically auto manufacturing.

In the 70's and 80's the auto unions tried to oppose automation of jobs (robots) stating that they would take peoples jobs. And the people in charge who wanted to make more money said the exact same types of things that are being said about AI. But we can look at history and see that countless types of jobs were in fact replaced by automation, that was of course even compounded upon by computers.

The net effect was that the rich got richer less jobs were needed so wages were forced down by competition for the jobs that were left.

hombreacabado12h ago

that concept works in the initial beginning phase of AI but once AI learns and surpasses the knowledge and coding expertise of even the best human employee than this CEO will no longer need competent humans in that line of work.

Extermin8or3_10h ago

@Hue_My£D_Long

Yes but that is a choice then by massively increased productivity and this greater income and wealth and stagnating with similar levels of productivity and output and not creating much wealth. Usually the option that creates wealth prevails because a rising tide raises all ships.

+ Show (4) more repliesLast reply 10h ago
Number1TailzFan1d 10h ago

You can already make your own SFX with text prompts now as well, of course it will lower development cost and time

1Victor1d 10h ago (Edited 1d 10h ago )

WARNING WARNING ‼️ SARCASM AHEAD
Sure Strauss and robots didn’t take jobs from car factories.
Edit:Sad thing is he believes it and unfortunately he won’t be replaced for a long time by AI

senorfartcushion1d 8h ago (Edited 1d 8h ago )

He doesn't, he's just lying. These people lay people off so they can get bonuses. If AI takes jobs, their bonus goes bigger and the workforce goes smaller.

porkChop1d 6h ago

Because he sees AI as a tool to aid development. He wants to use AI to help make bigger and better games in the same timeframe. Other CEOs want to replace devs with AI to cut costs and make lifeless games faster for a quick buck. Strauss has the right idea, this is how AI should be used. To extend and expand the capabilities of devs.

neutralgamer199211h ago

There will be few companies who will go overboard and try to replace their employees with AI tech. The ones that will make the most money will be the ones that utilize ai, along with their employee talent, to make the best product possible

AI could handle some of the most time consuming processes. To expediate the development, so in return, costing the publisher's last money end time.

Extermin8or3_10h ago

Not reliably they haven't. Coding done by ai is generally abysmal for all but the most generic tasks.

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jambola1d 12h ago

Ceo says stupid thing
Part 5837384

Zeref1d 11h ago (Edited 1d 11h ago )

I think maybe sometimes we give people in these positions too much credit when it comes to intelligence.

DarXyde15h ago

I think you mean candor, not intelligence.

If you take him to mean what he's saying at face value, sure.

I don't. And I think he's clearly lying.

romulus231d 10h ago

As long as it doesn't effect his inflated executive salary or his ridiculous bonuses I'm sure he's fine with it.

RNTody1d 10h ago

Hahaha yeah trust the CEO suit over the actual developers making the games. Good one.

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100°

Every PlayStation Studios game available now on Windows PC

Windows Central writes: "Many PlayStation Studios games that are ported to PC get dedicated PS5 DualSense support, which allows users to experience haptic feedback and adaptive trigger support without actually having to own a PS5.

According to Hermen Hulst, head of PlayStation Studios, it's still the company's intent to launch the bigger single-player games on PS5 first, before later bringing the games to PC. This might not be the case for multiplayer games however, which are considered okay to launch simultaneously on console and PC."

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windowscentral.com
ocelot072d ago

My guess is after god of war. Probably last of us 2 that's a almost 4 year old game now and by the time it's released on pc it will be more than 4 years old or close to 5.

Elda2d ago

Every old Playstation game that is now on PC.

shinoff21832d ago

Right. I definitely see what a headlined from a website named windows central was trying to do though. It's cute little wordplay to help out the green box

Flewid6382d ago

Are PlayStation games no longer good or worth playing once they are old?

Elda2d ago

I'm guessing my comment went over your head.

XiNatsuDragnel2d ago

Good at least they can sell hardware