Ok, this is just retarded.
http://www.dailytech.com/article.aspx?newsid=11070
According to this Gibson made patents back in 1999 for stuff like this. Well, I'd hate to burst their bubble, but as mentioned in their article Konami beat them to the punch and then some. The article is actually a bit off on the initial release date of Guitar Freaks as it first appeared in Japan in 1998.
Gibson Guitar Sues Activision over Guitar Hero!
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Gibson Guitar Sues Activision over Guitar Hero!
Memorable 2016 quotes:
Ho wrote:You can break arcade games and I will fix YOU!
Re: Gibson Guitar Sues Activision over Guitar Hero!
Actually, they're right.Amp Divorax wrote:The article is actually a bit off on the initial release date of Guitar Freaks as it first appeared in Japan in 1998.
According to the Konami GF/DM Gateway page, GF1 released 1999/03.
beatmania (5-key) and DDR hit in 1998, but Guitar Freaks didn't appear until 1999.
Well, that's not how patents work, and this is why so-called "patent trolls" are a big problem. There are entire companies out there whose sole purpose is to buy up patents, hold on to them in hopes they become widely and unknowingly infringed, and then sue over them. That isn't the case here, but the behavior is somewhat similar.
Now, there is doctrine that can prevent recovery of damages from past infringement if such infringement was widespread/obvious and the patent owner would have been expected to be aware of it, and this has come up before. Guitar Hero would seem to qualify. However, it does NOT prevent an injunction from being issued to stop current/future sales (including pulling products off shelves), nor does it prevent licensing agreements and royalties from being exchanged. The only way to keep using the patented concept for free is to either strike a royalty free agreement with the owner (IBM is famous for this, mostly due to their ability to crush just about anybody under a heap of patent countersuits) or to find a way to invalidate the patent.
The only "Intellectual Property" you have to actively defend or risk losing is a trademark. Copyrights and patents don't have this requirement. These little things (and there's bunches of them) are why many people don't like lumping all three (or, even worse, including the concept of "trade secret") into one giant category. Each thing is separate legally, and they do behave differently.
Now, there is doctrine that can prevent recovery of damages from past infringement if such infringement was widespread/obvious and the patent owner would have been expected to be aware of it, and this has come up before. Guitar Hero would seem to qualify. However, it does NOT prevent an injunction from being issued to stop current/future sales (including pulling products off shelves), nor does it prevent licensing agreements and royalties from being exchanged. The only way to keep using the patented concept for free is to either strike a royalty free agreement with the owner (IBM is famous for this, mostly due to their ability to crush just about anybody under a heap of patent countersuits) or to find a way to invalidate the patent.
The only "Intellectual Property" you have to actively defend or risk losing is a trademark. Copyrights and patents don't have this requirement. These little things (and there's bunches of them) are why many people don't like lumping all three (or, even worse, including the concept of "trade secret") into one giant category. Each thing is separate legally, and they do behave differently.
A normality test:
+++ATH
If you are no longer connected to the internet, you need to apply more wax to your modem: it'll make it go faster.
If you find this funny, you're a nerd.
If neither of the above apply, you are normal. Congratulations.
+++ATH
If you are no longer connected to the internet, you need to apply more wax to your modem: it'll make it go faster.
If you find this funny, you're a nerd.
If neither of the above apply, you are normal. Congratulations.
- Amp Divorax
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