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.