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November 1997 NOVEMBER 1997 GAME DEVELOPER MAGAZINE GAME PLAN A Pox Upon Patents EDITOR IN CHIEF Alex Dunne [email protected] MANAGING EDITOR Tor Berg ike authors, composers, and using the idea, system, or process itself, [email protected] other creators of intellectual and this is where the confusion begins. EDITOR-AT-LARGE Chris Hecker [email protected] property, software develop- Many people compare code to words, CONTRIBUTING EDITORS Brian Hook L ers derive their living directly and wonder where the government gets [email protected] as a result of what they put down on off awarding patents for a sequence of Josh White “paper.” The registration of ideas. And instructions when it would never do so [email protected] as such, it is the responsibility of soft- for the sequence of words that make up ART DIRECTOR Azriel Hayes ahayes@mfi.com ware developers to understand the a book, article, or poem. The difference ADVISORY BOARD Hal Barwood legal basis which protects their work — comes from the way the instructions Noah Falstein and which can potentially rob them of affect hardware and related devices. Susan Lee-Merrow their work. Because software is used to control Mark Miller Recently, Dave Perry, president of hardware, it is a method or process, and Shiny Entertainment (creators of therefore subject to patent laws. COVER IMAGE Real 3D EARTHWORM JIM and MDK) found himself Back in the ‘50s, the PTO routinely 2 the target of possibly unwanted atten- rejected patent applications that were tion. He caused a minor firestorm after a based on algorithms, based on the fact PUBLISHER KoAnn Vikören recent interview with Robin Ward was that they are immutable — they are ASSOCIATE PUBLISHER Cynthia A. Blair (415) 905-2210 posted on the Video Game Design web “laws of nature.” Now however, soft- cblair@mfi.com site (http://www.videogamedesign.com/ ware patents are issued for techniques REGIONAL SALES Tony Andrade design/davep2.htm). In the interview, based on algorithms when the software MANAGER (415) 905-2156 Dave stated that he intended to patent uses the algorithm to control hardware tandrade@mfi.com the engine technology behind Shiny’s in specific, limited ways. In other upcoming MESSIAH title. In his words, words, the algorithm may not be MARKETING MANAGER Susan McDonald “It is actually the first demonstration of patentable, but the application that MARKETING GRAPHIC DESIGNER Azriel Hayes perfect real-time 3D tessellation/defor- uses it may be. It’s a fine line the PTO AD. PRODUCTION COORDINATOR Denise Temple mation/skin/interpolation/volumetric walks, but that’s the system we have in DIRECTOR OF PRODUCTION Andrew A. Mickus lighting running at full speed all at the place today. VICE PRESIDENT/CIRCULATION Jerry M. Okabe same time in just software.” I say the Whether Perry has a patentable tech- GROUP CIRCULATION MANAGER Mike Poplardo attention is “possibly” unwanted, nology is certainly not clear from his SUBS. MARKETING MANAGER Claudia Curcio because it’s conceivable that his prima- statement above, and it’s unwise for NEWSSTAND MANAGER Eric Alekman ry goal was to stir up some publicity for anyone to dismiss the technology out REPRINTS Stella Valdez himself, his company, and MESSIAH. In of hand without understanding it thor- (916) 983-6971 any case, I’ll bite. The situation oughly. If Shiny’s engine is that differ- reminds us that our code is subject to ent and eligible for a patent, and the intellectual property laws that many company is awarded one, so be it. C’est Miller Freeman feel work improperly. As such, it’s a la vie, that’s their right. A United News & Media publication good time to review the conditions However, I for one am no proponent under which software may be patented. of software patents. I’ve heard my First and foremost, if you have ques- share of software patent nightmare CEO - MILLER FREEMAN GLOBAL Tony Tillin tions about this subject, run down to stories, and I don’t think it helps the CHAIRMAN - MILLER FREEMAN INC. Marshall W. Freeman the nearest bookstore and pick up growth of the industry to spend more PRESIDENT Donald A. Pazour Stephen Fishman’s Software time and money on legal fees. The SENIOR VICE PRESIDENT/CFO Warren “Andy” Ambrose Development: A Legal Guide (Nolo Press, more patents are issued, the more SENIOR VICE PRESIDENTS H. Ted Bahr, 1993). (There’s a second edition that’s everyone will tiptoe into development, Darrell Denny, about to come out that I’m definitely making sure that their software doesn’t David Nussbaum, going to buy.) This subject is complicat- inadvertently tread on someone’s Galen A. Poss, ed and open to much interpretation, patent. Wini D. Ragus, and the more you educate yourself, the Let’s hope that Perry is not serious Regina Starr Ridley better position you’ll be in to spar with about the patent, and simply desires VICE PRESIDENT/PRODUCTION Andrew A. Mickus other developers about the merits (and more prerelease attention for MESSIAH. VICE PRESIDENT/CIRCULATION Jerry M. Okabe otherwise) of the system. You know the old saying, “there’s no SENIOR VICE PRESIDENT/ Regina Starr Ridley In contrast to software copyrights, such thing as bad publicity….” ■ SYSTEMS AND SOFTWARE DIVISION which protect the expression of an idea, system, or process (but not the idea, system or process itself), patents go much further. Patents keep others from GAME DEVELOPER NOVEMBER 1997 www.gdmag.com SAYS YOU Wal-Mart: Right or Wrong? ell, I actually hope that the what? It still wasn't good enough for W integrity of video games is some people. never sacrificed for shelf space. I don't For Wal-Mart, I actually had to hard hat was a great editorial in the know what percentage of the video code the parental lock option to be T September issue. Wal-Mart has game sales market permanently stuck on and compiled already changed several game titles, is controlled into the final executable in order for both in terms of packaging and in by Wal- the game to be acceptable to them. terms of content. Monolith's latest Salut, mes amis! Drop us a line at Mart There isn't even a parental lock menu game, BLOOD, had its packaging — as [email protected]. Or write to Game now, option in the Wal-Mart version since well as the game itself — altered for Developer, 600 Harrison, San but I that is the only version of the game Wal-Mart (to be less bloody), although think you can purchase there. If you want the customer could Francisco, CA 94107. that it’s a the uncensored version of the game download a different that you buy at Wal-Mart, you’ll have patch from market than music. It to download a special patch from the Monolith's would certainly play a strong role 3D Realms web site. site to in the development of a game title O.K. fine, now we have the Wal-Mart bring if a major game retailer such as Toy's version. Now comes the international back the 'R' Us were to start carrying only titles market. We came to find out that there full gore. that it morally approved of. This is a ban on owning, using, or otherwise CARMAGEDDEN industry isn't only about making a depicting shurikens in any media in 5 was treatedB in the quality game, but also about making the UK. I guess people back in the ‘70s same manner. The "gay- money. Once you sacrifice design and got a little carried away after watching pride" Easter Egg in SIM quality, the buyer suffers. the latest Bruce Lee flick, and this is COPTER was also followed by a replace- We as consumers need to support their answer to the problem. So now, ment offer from Maxis. the little man and deviate from saving on top of Wal-Mart, we also have the I recommend subscribing to both a buck at retail giants such as Wal- UK version where we actually had to VGA: Video Game Advisor and Computer Mart. One person isn't going to make a add special code to the game which Retail Week, as both are written by and difference, of course, but if enough replaces any and all shurikens in the for retailers and distributors. Both give people say, "To hell with them!" then game with throwing darts at run time. a very different outlook on the indus- they might get the hint that consumers This also required new code and a lot try from their side. They’ve been hav- want more. of new art — as if a dart isn't going to ing similar Wal-Mart/censorship arti- David Krueger hurt just as much as a shuriken. So cles in their coverage, but with the now, instead of shurikens you'll just retail perspective. Frankly, I‘m very read your article on the "Wal-Mart have incidents of people nailing each worried for the industry. IEffect" and it was right on. Let me other with darts at every local pub in Part of this backlash is caused by the tell you about our personal experience the UK. industry's own success. We’re finally with this during the development of While the executives at Wal-Mart getting computers and games into the SHADOW WARRIOR. It's amazing how claim that they are not twisting our hands of more than 15% of the popula- many different content restrictions arms, they actually are, just in a passive tion, and as a result, into the hands of exist now, and not just with Wal-Mart way.
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