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Author Topic: Nintendo controllers facing possible ban  (Read 19762 times)

« on: July 23, 2008, 08:42:04 AM »
It was already known that Nintendo was on the hook for $21 million in a patent suit over the company's controllers. A Texas judge last week denied the game maker's request for a new trial, and Bloomberg is reporting that the judge will issue a ban to halt sales of the controllers tomorrow.

However, if the ban were to be issued, it would not take effect until after a Nintendo appeal on the original ruling was resolved. Nintendo could also avoid the ban by posting a bond or putting royalties into an escrow account, according to Bloomberg.

The original suit sought to have Nintendo's Wii Classic Controller, Wii Nunchuk, GameCube controller, and GameCube WaveBird all deemed in violation of an Anascape patent for a "six degrees of freedom" interface device. A jury found that all of those products, with the exception of the Wii Nunchuk, infringed on Anascape's patent.

Microsoft was also named as a defendant in the suit, but settled out of court before it went to trial. Sony has licensed the patent for use in its own products since 2004.
Noy Duh

« Reply #1 on: July 23, 2008, 08:50:40 AM »
Just goes to show how America's justice system is more broken than Super Sonic in Brawl. >_<

"I'll sue yah, I'll take all your money. I'll sue yah, if you even look at me funny! I'll sue sue, yes I'm gonna sue. Sue sue, yah that's what I'm gonna do! I'm gonna sue sue, yes I'm gonna sue. Sue sue, yah that's what I'm gonna do!  UH! UH! UH! UH!"

I'll Sue Ya - Weird Al
What is a mystery? Just go inside my head, and you'll find out.

« Reply #2 on: July 23, 2008, 08:56:56 AM »
I heard from my brother that Texas is full of "patent [derogatory name]s" (or more accurately, patent trolls.) Whenever they think of something, they immediately go and patent it and sue anyone who then happens to have the same idea.
« Last Edit: July 23, 2008, 09:37:30 AM by NintendoExpert89 »

Glorb

  • Banned
« Reply #3 on: July 23, 2008, 10:48:49 AM »
So, if you own a banned controller, FBI agents bust down your door and blow your head off?
every

Turtlekid1

  • Tortuga
« Reply #4 on: July 23, 2008, 11:38:00 AM »
Just goes to show how America's justice system is more broken than Super Sonic in Brawl. >_< much smarter Sony is than Nintendo or Microsoft.

Fixed.

So, if you own a banned controller, FBI agents bust down your door and blow your head off?

Nope.  They'll bust down your door, flash their badges shouting "FBI!" and then blow your head off.  That way they can say they gave you a warning.
"It'll say life is sacred and so is death
but death is life and so we move on"

« Reply #5 on: July 23, 2008, 12:59:14 PM »
Gee I wonder what I call my(Canada) FBI, I think its CIA, oh well nobodys going ta take away my wavebird controller
Noy Duh

« Reply #6 on: July 23, 2008, 01:19:06 PM »
I heard from my brother that Texas is full of "patent [derogatory name]s" (or more accurately, patent trolls.) Whenever they think of something, they immediately go and patent it and sue anyone who then happens to have the same idea.

I've never heard of that one. Oh well. That's just another thing everyone else will make fun of us for.
« Last Edit: July 23, 2008, 01:21:01 PM by PaperLuigi »
Luigison: Question everything!
Me: Why?

Glorb

  • Banned
« Reply #7 on: July 23, 2008, 03:27:37 PM »
You mean aside from living in a desert full of hillbillies where everyone wears ten-gallon hats and says "yeehaw"?
every

N64 Chick

  • one ticked chick
« Reply #8 on: July 23, 2008, 04:25:35 PM »
I heard about it this morning from a friend.

http://www.1up.com/do/newsStory?cId=3168949

Only one word is needed to describe this: ridiculous.
Fangirling over Luigi since 1999.

« Reply #9 on: July 23, 2008, 06:13:14 PM »
I'm so sad. My poor, poor, awesome classic controller. Good thing I bought a new GCN controller a month ago. Hope I don't get sued for "harboring illegal patent infringed objects".

« Reply #10 on: July 24, 2008, 12:32:17 AM »
I keep wondering whether the court knows of any obvious prior art, whether the company suing has any applications of their patent (any practical/tangible examples) to show it's been more than an idea, why they took so gosh-darn long to bring it up if the controllers are in your face if you ever go outside and look for it, why there are certain controllers that also "infringe" but somehow get off the hook (one article brought up that the third-party controllers don't appear to be banned)... and so on. Another article suggested that it'd cost less to settle (what Sony and Microsoft did) than fight this.

Regardless whether there's any merit to it, it just makes me mad because I don't get the impression that the company suing is actually doing ANYTHING with their patent, or even actively looking out for anything infringing on it. They can't be if they're waiting years, waiting to find some company who makes a bajillion dollars off of it, before suing them. And to threaten to ban a game controller, of all things... well, ok, in perspective, there was that patent war which meant rumble couldn't be put into a controller by... Sony or Microsoft, one of those two. But rumble's been around on N64 and GameCube, why... how did Nintendo get off the hook there? Did they settle? Money and time wasted to put in a controller feature that by now is a no-brainer, we knew it was going to come eventually.

That's all I see this as. Countless infringing-patent suits, usually for patents that are only vaguely related and, again, years and multiple prior art examples later.
There's just no good that comes from it. Isn't this very likely to hurt the stock value / reputation of the company suing? Plus, it's impossible these days to create anything without infringing on a patent. It has to happen, you have to build upon someone else's ideas. I'll shoot myself if there's a lawsuit because someone used the Fundamental Theorem of Calculus without permission.

What I'd rather ponder on is whether the infringing-patent suits has yet reached the ridiculous level of Jack Thompson trying to ban anything by Rockstar. Thompson's a distant memory now, but we remember there was eventually a time when April Fools stories were indistinguishable from the real thing when it came to that man.

If and when I get a Wii, I'd LOVE to explain to someone "Oh, the reason you can't get a Classic controller? Some company you never heard of banned them."
« Last Edit: July 24, 2008, 12:40:07 AM by penguinwizard »
You didn't say wot wot.

« Reply #11 on: July 24, 2008, 08:18:53 AM »
Sadly, It all boils down to the fact that some people care only about money - not actually making things that will be benificial or enjoyable to other people.

IMO, people who make frivilous lawsuits should be prosecuted or reprimanded themselves for wasting people's time. That would make things a lot better - although it will probably never happen. >_>
What is a mystery? Just go inside my head, and you'll find out.

MEGAߥTE

  • In flames
« Reply #12 on: July 24, 2008, 08:24:52 AM »
That does happen, actually.  It happened recently to the RIAA.

Trainman

  • Bob-Omg
« Reply #13 on: July 24, 2008, 09:46:57 AM »
Why has it not been brought up almost 7 years if they were going to bring it up at all?

I've read some articles and see the patents they claim to be infringing, but a couple seem to fit the description of basically any controller now:

#6,102,802 "Game Controller with Analog Pressure Sensor" -- The L & R buttons on the gamecube and classic controller? Triggers on Xbox
#6,208,271 "Remote Controller with Analog Button" -- Wouldn't that be like....any wireless controller with....  a button?
#6,343,991 "Game Control with Analog Pressure Sensor" -- Another way of saying the L & R buttons on GCN and Classic and triggers on Xbox.
#6,347,997 "Analog Controls Housed with Electronic Displays" -- Basically, having LEDs on the Wiimote and 360 controller...and having buttons?
#6,400,303 "Remote Controller with Analog Pressure Sensor" (A different patent) -- The Wavebird and Classic again... and Xbox controller.
#6,906,700 "3D Controller with Vibration -- Referring to any controller with rumble built in only.

I listed those because they're pretty stupid and a couple are virtually the same; I think they're just trying to find some extra money because they are ... well I can't say. But some of those... that's like suing every single car manufacture in the world for their rack & pinion designs (for steering) saying OH U CAN TURN THE WHEEL TO THE LEFT THATS MY PATENT, U CAN TURN TO THE RIGHT THATS MY PATENT TOO, AND ANYWHERE IN BETWEEN ITS ALL MINE I SUE YOU FOR ALL YOUR BASE.
Formerly quite reasonable.

CrossEyed7

  • i can make this whatever i want; you're not my dad
« Reply #14 on: July 24, 2008, 10:49:47 AM »
Well, it's not quite as bad as Australia's patent system.
"Oh man, I wish being a part of a Mario fan community was the most embarrassing thing about my life." - Super-Jesse

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