[casual_games] Gameplay patents

[Tom Hubina]

There are _many_ problems with patents when applied to software, but they're
all caused be the processes that are in place for a system that is
antiquated. The system just can't handle the fact that the industry moves
about 10x faster than it can handle. The result is a pure mess that's
horrible for everyone involved.

We _should_ be able to patent UNIQUE game play. We _should_ be able to
leverage some form of legal protection to stem the tide of rampant copycats
that is absolutely destroying the casual games industry (buy me a drink at
GDC and I'll talk your ear off about this topic). However, the current
patent system is woefully inadequate for the task and the one group that
could do something about copycats (the portals) have no financial incentive
for doing so (they're turning to advertising to solve the financial problems
they create).

There's almost no value in patenting unique game play in casual. It will be
roughly 3 years before you can exercise the protection and by then 50 (100?)
or more knock offs will have been created, the companies that created them
will have gone out of business or have liquidated all tangible assets, and
the damage caused both to the patent holder and the industry in general will
have long since past the point of relevant action.

You can debate whether patents are evil or not till your blue in the face,
but given the current system it's totally irrelevant since patents are
basically ineffectual in casual games (and to a lesser extent games in
general). At best you can hope for an increased valuation by some investors,
but as Daniel James points out, they're probably not the kind of investors
you want anyway.

For my own two cents - patents aren't evil, they're just horribly broken. 

Tom


> -----Original Message-----

> From: casual_games-bounces at igda.org 

> [mailto:casual_games-bounces at igda.org] On Behalf Of Milt Michael

> Sent: Tuesday, February 13, 2007 10:57 AM

> To: 'IGDA Casual Games SIG Mailing List'

> Subject: Re: [casual_games] Gameplay patents

> 

> Absolutely...I've really enjoyed reading all the banter from 

> both sides - this has been a great discussion!

> 

> We've been debated two separate issues as I see it: 1) 

> whether it's worth a developer's time and money or not, and 

> 2) whether it is healthy for the industry or not.

> 

> Me thinks it depends on your place within the industry and 

> what your resources are as to whether it's an advantage or 

> not. I probably represent less than 1% of the members of this 

> list. You might refer to me as a "basement inventor". Believe 

> me, most of my friends who have played my game and advised me 

> have exibited more fear of me losing my game than I feel.

> There's a lot of fear and misunderstanding out there about 

> patents, trademarks, and copyright.

> 

> I have a team member who is experienced in patents, but we're 

> a long way from having a development team or a distribution 

> channel, so I'm going ahead with one but not two as I we had 

> previously planned. 

> 

> I'm not going to patent gameplay as I think that is covered 

> mostly by copyright laws anyways, so it's not worth it. This 

> patent will be for a "device with game play".

> 

> So, are patents healthy for the industry? You guys would be 

> better able to answer that one. What if PopCap had patented 

> the 3-link thing? Things would definitely be different!

> 

> Maybe there would be an abundance of hungry programmers, 

> distributors, and investors :)

> 

> 

> 

> 

> 

> 

> -----Original Message-----

> From: casual_games-bounces at igda.org 

> [mailto:casual_games-bounces at igda.org]

> On Behalf Of Hal Barwood

> Sent: Tuesday, February 13, 2007 10:06 AM

> To: IGDA Casual Games SIG Mailing List

> Subject: Re: [casual_games] Gameplay patents

> 

> Have you noticed?  Patents are a game.

> 

> Jason Van Anden wrote:

> > It sounds to me like you suggesting that if someone has gone to the 

> > trouble and expense of legally protecting their 

> intellectual property,  

> > you would decide to violate this right based solely on 

> whether you had 

> > more resources than your competitor.  It seems to me that this is 

> > morally and ethically perverse, and ought to be discouraged more so 

> > than patents themselves.  Does anyone (else) out there feel that 

> > (reasonable) patents are a good thing - or is "patents == bad" the 

> > general consensus of the casual games community?

> > 

> > 

> > On Feb 11, 2007, at 7:11 AM, Jonas Beckeman wrote:

> > 

> >> The substantial amount of time and money to get the patent 

> approved 

> >> is

> >> *nothing* compared to what it will take to defend it.

> >> The patent itself doesn't really give any protection, only 

> when tried 

> >> in court will you know if it's solid. It probably isn't (although 

> >> your lawyer will work very, very hard to write a 

> specification that 

> >> is impossible to interpret), and then you'll only be left 

> with a huge 

> >> pile of lawyer bills.

> >>

> >> But it's true some investors like software patents, however 

> >> ridiculous they may be - it looks good on paper and adds a 

> whiff of the "serious"

> >> research-intense industries.

> >>

> >> If I feel like infringing on your patent, I will assess your 

> >> financial status and if I think I have more resources than 

> you, I'll 

> >> simply ignore it. With more money, I'll wear you out in 

> court, if it 

> >> comes to that.

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