Software Patents on Everything
Another day, another absurd software patent: Ars reports that Nintendo has patented the concept of instant messaging in games:
In the claims section, the patent describes a chat system that uses a remotely stored buddy list, supports multiple statuses, broadcasts information about active gaming activities, displays notification of events including the arrival of new e-mail messages, facilitates transmission of player preferences, and enables users to communicate with each other either with voice or text messages. Keep in mind that this patent does not cover game-oriented chat in general; it specifically describes a console gaming chat mechanism that displays game information and uses a buddy list.
Sure, instant messaging and computer games had been around for several years when Nintendo filed for this patent in 2000. But combining them was truly a stroke of genius!
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You won't see the actual prior art there, of course.
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Jim Balsillie's congressional testimony showed how a $19 investment in postage stamps by a patent holder can do over $9,000,000 dollars in damage, even when the patents are 100% invalid: http://righttocreate.blogspot.com/2006/04/how-1...
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They are a giant drag on innovation and progress.
Look at how blackberry was almost shutdown, and how damaged they were by essentially bassless claims.
Instead of injunctions and treble damages, we should have a system of compulsory lisencing, with only actual damages, with court costs in the case of willful infringement.
The excellent recent Supreme Court decision in the ebay case seems to be moving us in that direction...
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What is the definition of "console" anyhow? What makes a "console" legally different to any other computer?
(... and by the way, MUDs have been discussed in scientific journals).
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