A firm which alleges that Nintendo and Microsoft infringed on its nearly two decade-old parental control technology has sued the video game console makers, along with 36 other corporations, in federal court.
While, oddly enough, PlayStation manufacturer Sony is not a defendant in the case brought by Guardian Media Technologies, LTD., a number of other high profile firms are, including Apple, Amazon, Best Buy, Costco, Dell, Target, Tivo, Wal-Mart and Overstock.com. The companies were sued on December 23rd in the Central District of California.
Of the suit, Courthouse News writes:
Guardian Media Technologies claims 38 major electronics firms and retailers... violated its patented "parental control" video censoring programs. Guardian says the patents in suit are expired, but the defendants made, imported, distributed or induced patent violations before they did expire.
GamePolitics has obtained Guardian Media's 78-page complaint which, although not specific as to the alleged offenses, contains the following:
Each defendant has substantial contacts... including, but not limited to the manufacture, sale and/or distribution of DVD players, televisions and/or computers capable of playing DVDs and/or receiving television and/or video programs.
At issue are a pair of 1990 patents for Guardian Media's "Selective Playing System" and "Automatic Censorship of Video Programs."
UPDATE: Ars Technica's John Timmer has the lengthy backstory to the case, including the reason why Sony isn't named as a defendant.
Comments
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
This illustrates, in a nutshell, everything wrong with the patent system.
I had another idea once: A website that discusses video game politics. I will sue anyone who makes it!
M. Carusi
Capitol Gaming
http://capitolgaming.blogspot.com
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
somewhere i heard or did i read it anyways the us has roughly a 10:1 ratio of lawers to engineers where japan (i think) has a reverse of that ratio 1 lawer to every 10 engineers
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
WTF?
Nintendo and Microsoft sued for just doing the right thing???
Now this is greedy trying to claim and make money out of something that happens to work well.
I think that censorship has sunk to a new low...
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
I just want to know how my employer, Costco, and the other distributors of equipment and physical media only, got on there. Is it because we sell devices that supposedly use their patent? That's pretty freaking reaching. But I guess that's what patent trolls do.
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Meanwhile some ex-attorney is sitting at his desk praying this lawsuit holds as then people could sue the console companies for not having the parental controls on them
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
If this company is successful and manages to get everyone in trouble for the parental controls, can you imagine the political flak this will stir up? "Think of the CHILDREN!"
http://w00tstudios.net/
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
This all depends on the exact wording of the patents and how the parental controls are implemented, both in components, programming, and marketing description.
Being that no one here is a patent lawyer or even a clerk, perhaps you are jumping the gun.
From what I know of patent law, cases of identical components are clear cut, and easy to solve: either company A used company B's indentical Switch C to stop kids from playing, or not. I doubt this is the issue because of ease of preventing this type of foul-up. (Just buy a swtich D that does the same thing, but from a company you own - like Sony does.)
Programming is the muddiest of all these cases, since it's such a grey area. Comapny A writes code that stops kids from playing video games, Company B does the same thing, but uses different code. From a patent standpoint, there is 'historically' no infringment, but with the pro-IP movement and DMCA, we are seeing the idea bandied about that you can patent a 'goal' of programming, instead of just the code. It's yet to be tested in court, so I imagine this is the type of case we are dealing with.
Probably open and shut, but we've seen the Big 3 overlook the little guy before. Which is why the term Wiimote is not ever officially used, even once.
If they win, I'm going to see if there's a patent on the If-Then statement.
~~All Knowledge is Worth Having~~
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
I think you nailed the core of what we're seeing right now. Several people trying to get the patent system to enforce patents on generalized ideas of how a software should function and then enforcing that idea upon specific code.
There is a part of the patent system I don't understand, which is does a patent have to be design specific to be enforceable?
For instance if I was to say, submit a patent on something thats toasts two slices of bread by putting the slices of bread into slots, pushing a button, and then the bread pops out after a specified amount of time. Then someone invents the toaster, would my patent on a generalized idea be enforcable on a specific design?
I always though patents were more about specific designs, not just the idea and goal? man, the patent system needs reform :/
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I am a signature virus, please copy and paste me into your signature to help me propagate.
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Typically, patents on such a thing as a toaster (of which the original patent has long since expired) are very specific, down to the pattern of the heat coils, the spring tensions, control thermocouples, etc.
Software is trickier, because of the circuituous route you can go to program the same goal into different algorithms. Personally, I believe that Patent law can't handle the fast-paced world of software, being that different builds come at breakneck speeds, but Patents take weeks to review.
~~All Knowledge is Worth Having~~
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
"While, oddly enough, PlayStation manufacturer Sony is not a defendant in the case..."
Wasn't the PS2 the first system to have a parental lock system?
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
It had parental locks on the DVD playback side but not the game side. This generation is the first to have it on the game side.
E. Zachary Knight
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
Facebook Page: http://www.facebook.com/profile.php?id=1325674091
E. Zachary Knight
Divine Knight Gaming
Random Tower: Game News and Commentary
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
the first Xbox had it on both sides
岩「…Where do masochists go when they die?」
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
PSP has it on the game side, IIRC.
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
True... That still doesn't explain why they're not listed as a defendant. The first Nintendo product that uses such a system is the Wii if I'm not mistaken, and the PS3 came out before the Wii.
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Maybe they saw how much money Sony is losing per unit and felt bad for them?
Yes, I'm beating a horse so dead it's only dust and bones. Slow day at work.
Tea and cake or death! Tea and cake or death! Little Red Cook-book! Little Red Cook-book!
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
With this, and the Worlds.com BS that's happening right now, I can only assume that people are going bankrupt left and right and in order to stay in the black they intend to sue the money out of the largest and (in their eyes) economically untouchable companies. They think this is either going to be an easy win for them because they either win the lawsuit because of their flimsy patent, or they get to settle out of court for an ass-load of money anyways.
I feel sorry for these people who either need the money badly enough to gamble it on this or are greedy enough to be blind to the Legal Titan they just tried to poke in the eye. Seriously, the Videogame makers were bad enough, but to f*** with Wal-Mart AND Apple in the same case?
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Even in meritless cases it's cheaper to settle than to go to the mattresses. But, they're taking on 38 opponents at once. If only one of them decides to defend it in full and wins, the rest are moot. And some larger companies have shown that they're willing to fight these questionable lawsuits.
(I recall a story of a flimsy suit against Nintendo. The suit turned bad for the plaintiffs and they moved to dismiss without prejudice. Nintendo was unimpressed and wanted to deny the motion so they could get the case dismissed WITH prejudice and recover attorney's fees. So don't mess with the big N.)
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
http://penny-arcade.com/comic/2009/1/2/
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
I still say those two are in the closet; I've yet to see a single woman of any significance in any of their comics.
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
...what the...?
"There is no sin except stupidity." - Oscar Wilde
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Gabe is married to a women, this is him proposing, as for Tycho, he's to busy with the long necked birds to be gay
There have always been motherf*ckers, there will always be motherf*ckers, but what we can't do is let them control our motherf*cking lives. -John Oliver, December 1st, 2008
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Well, having met both of them several times, and their wives, I would say that, once again Derovius strikes out.
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
You don't read it very often do you?
E. Zachary Knight
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
Facebook Page: http://www.facebook.com/profile.php?id=1325674091
E. Zachary Knight
Divine Knight Gaming
Random Tower: Game News and Commentary
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
No, not really, they are pretty insufferable. ***
AE: Line crossed. Thread snipped.
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Awwe, I missed something, didn't I?
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Awww come on Andrew this troll is giving me giggle fits
There have always been motherf*ckers, there will always be motherf*ckers, but what we can't do is let them control our motherf*cking lives. -John Oliver, December 1st, 2008
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Yeah, sorry about that. I hate to be the party pooper and to be honest, many of the comments were quite chuckle-worthy but the whole thing was off topic and nothing more than non-constructive, back and forth bickering .
Andrew Eisen
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
No worries, Andrew. This is a Troll I'd rather see banned. JT was more 1u1zy than deoVIRUS.
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"Game on, brothers and sisters." -Leet Gamer Jargon
"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Amen
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James Fletcher, member of ECA Canada
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
jackie thompson behind them and these idiots before them. Is it a wonder that game companies have made kneejerk reactions to protect themselves? This makes the DRM look sane in comparison (well sort of, kinda.. almost). Sigh. Methinks trolls (patent or otherwise) should be set to the flames.
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
And now someone's going to bring a suit against all media companies everywhere for "a system designed to limit device compatibility of audio media, visual media, video media, and combinations thereof."
"That's not ironic. That's justice."
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Hoooo boy...
This isn't going to last very long, I don't see how this lawsuit has any merit on their parts. I never saw anything useful to parental controls anyway. If you can't monitor your kid in what they play, then you shouldn't give them a gaming unit to begin with.
That's how I feel about it though.
Amy Levandoski
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Parental Controls are a good "extra" device. As they say "every little bit helps".
If you have seatbelts in a car, why bother with airbags, or vice versa?
Why reinforce the bumpers or the frame?
Simple: You never know when you might need that extra little bit.
I don't use them either. But it's good to know they are there for those who feel they DO need them.
:: Shrugs ::
As to the lawsuit, it should be interesting to see what evidence they pull out to justify suing everybody and their 20th removed great, great, grandfather's long lost brother-n-law. :)
Nightwng2000
NW2K Software
Nightwng2000 has also updated his MySpace page: http://www.myspace.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
"This isn't going to last very long, I don't see how this lawsuit has any merit on their parts. I never saw anything useful to parental controls anyway. If you can't monitor your kid in what they play, then you shouldn't give them a gaming unit to begin with."
Golly, Alevan said there is no merit to their case, so I guess its over. I dare anyone of you to question the findings of someone with no legal experience or education.
"That's how I feel about it though."
This isn't Oprah, we don't care about your feelings. Post your opinion, supported or unsupported, and defend it.
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Could the same not be applied to your feelings on American greed too? If you are just gonna be an asshole, you could at least try not to be a hypocrite as well.
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
AE: Pull back on the hostility a bit please.
There have always been motherf*ckers, there will always be motherf*ckers, but what we can't do is let them control our motherf*cking lives. -John Oliver, December 1st, 2008
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Fine, fine
There have always been motherf*ckers, there will always be motherf*ckers, but what we can't do is let them control our motherf*cking lives. -John Oliver, December 1st, 2008
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Grow up, mate.
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
So you get pissed off when people disagree or make fun of your opinions...however when someone states their opinion and how they feel on it (which you do often) you harp on them? Pot, this is the kettle calling...I think you're black, mate.
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James Fletcher, member of ECA Canada
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
I don't know about you and NovaBlack but I kind of started laughing that I angered him so... so greatly, and I didn't even say anything offense!
Thank you, though, to both of you.
Amy Levandoski
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Apparently these two have magical internet powers, seeing as I've yet to find any normal person who can ascertain emotion from text alone. For all you know I'm sitting here giggling maniacly, or am sad and depressed.
Its these baseless generalizations that give me the ammunition to attack you. I suggest you correct yourselves accordingly.
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
AE: Let's not do that. Thanks.
There have always been motherf*ckers, there will always be motherf*ckers, but what we can't do is let them control our motherf*cking lives. -John Oliver, December 1st, 2008
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Damn that was fast
keep up the good work AE
There have always been motherf*ckers, there will always be motherf*ckers, but what we can't do is let them control our motherf*cking lives. -John Oliver, December 1st, 2008
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
" Its these baseless generalizations that give me the ammunition to attack you. I suggest you correct yourselves accordingly."
Holy crap he's summoning Jack Thompson.
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Debates are like merry go rounds Two people take their positions then they go through the same points over and over and over again. Then when it's over they have the same positions they started in.
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
BASELESS ARGUMENTS
BIAS
FUNDAMENTALISM
FLUKING THROUGH LAW SCHOOL
OUTRIGHT STUPIDITY
GO, THOMPSON!
By your powers combined, I am Jack Thompson!
(hmm... maybe not as funny as I expected...)
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XBOX LIVE GamerTag: Harry Miste | Steam ID: Harry Miste | PSN ID: HMiste | EYE. HAVE. YOU.
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
LOL I found it funny :P
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James Fletcher, member of ECA Canada
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
Wow... you're right. That is somewhat very creepy.
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James Fletcher, member of ECA Canada
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
AE: Enough.
Re: Nintendo, Microsoft, 36 Others Sued Over Parental Control
There you go, we have been warned.
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I LIKE the fence. I get 2 groups to laugh at then.