View previous topic :: View next topic |
Author |
Message |
Edible Bondage Tape Trick Member
Joined: 26 Jan 2002 Location: Kerri |
660. Posted: Tue May 17, 2005 11:01 am Post subject: |
|
|
lawyers anrt free people
if konami went after everyone violating thier lawsuit they woudl of gone broke a decade ago they targeted roxor because
1.roxor was in a country where patent and copyright violations can actualy be easily prosicuted
2. they were making enough money to pay for SOME of the legal fees after all is said and done
3.they FUCKING STOLE from konami _________________
|
|
Back to top |
|
|
Wakka Lakka Trick Member
Joined: 12 Mar 2005
|
661. Posted: Tue May 17, 2005 11:13 am Post subject: |
|
|
Actually I think the reason Roxor is a target is more business-oriented than a case of stolen ideas.
1. Roxor has a hot new cabinet and ITG2 arcade game coming out - compare this to Konami's current feeble position in US arcades.
2. Roxor's strong partnership with Redoctane means they can supply high quality, popular home hardware dirctly made for their games, like afterburner - compare this with Konami's current home hardware offerings.
3. Users who will be responsible for publicity through tournaments and playing in arcades are willing to embrace ITG because the perception is that Konami has let them down in terms of arcade fare since 2001. |
|
Back to top |
|
|
Wolfman Jake Trick Member
Joined: 13 Sep 2002
|
662. Posted: Tue May 17, 2005 11:49 am Post subject: |
|
|
Wow, is it really hard for most of the people here to conceptualize that Konami may and most like does in fact have SEVERAL motivations in persuing this lawsuit? Also, if you think this lawsuit thing sprang up overnight, by the way, you're sorely mistaken. Most people in the know on this indicate that Konami has been carefully planning the suit for months now, since way before Redoctane announced ITG PS2 and before Roxor unveiled ITG2 Beta. You can cry conspiracy theory all you like, but nothing Konami has done so far is inconsistent with standard business practice.
As far as Monopolies go, I think many of you need a history lesson. The anti-monopoly and anti-trust laws were established here to break up companies that could basically ransom essential resources that the US industry desperately needed, things like oil and steel, for example. No one holds a patent for oil (tm) or steal (tm), etc, but over a century ago, there were a handful of companies basically controlling all of the resources, naming their own absurd prices to line their pockets with gold at the expence of the rest of the economy, and the US government put a stop to it. Dancing games aren't a precious resource, and I'm sure the government does NOT care a lick to go after Konami for having "the only dancing game in town." Plus, it is NOT as if Konami doesn't let anyone else develop their own dance game brands. Games like PUMP and Brittney's Dance Beat and Mad Katz Terrible Knockoff DO exist in this country. Yes, that's right. There ARE other dance games in town. That doesn't sound much like a monopoly to me. All these other developers have to do is pay Konami for the royalties because Konami was first to develop the genre and applied for a patent. Guess who decided to sidestep the royalties stipulation? Roxor. Guess what Roxor tried to do to get itself head with minimal investment? Rip off Konami's patented hardware and technology. What other more recent history lesson does this remind us of? Nintendo vs. Tengen. Who lost that lawsuit? Tengen. Just food for thought, people...that food being lemons (Still no one has admitted to understanding that reference.) _________________
Wolfman Jake |
|
Back to top |
|
|
diddrstrait Trick Member
Joined: 01 Jan 2004
|
663. Posted: Tue May 17, 2005 2:02 pm Post subject: |
|
|
Wolfman Jake wrote: | What other more recent history lesson does this remind us of? Nintendo vs. Tengen. Who lost that lawsuit? Tengen. Just food for thought, people...that food being lemons (Still no one has admitted to understanding that reference.) |
you might wanna chill out, and take a look back in the thread. someone stated Nintendo won against Tengen for Tengen Tetris. Nintendo was unable to win against tengen for the whole "hey, you're using our chipsets in your unlicensed games" case.
http://www.gamersgraveyard.com/repository/oddities/nintendosuits.html
the more you know |
|
Back to top |
|
|
J. S. Mill Maniac Member
Joined: 28 Apr 2003 Location: New York, New York |
664. Posted: Tue May 17, 2005 2:03 pm Post subject: |
|
|
I like how people assume (correctly) that Konami was planning the suit for a long time and therefore assume ROXOR had NO idea it was coming and was caught TOTALLY unaware and had NO defense planned. I mean that makes lots of sense. _________________
|
|
Back to top |
|
|
Anthony of TGA Vivid Member
Joined: 20 Jun 2004
|
665. Posted: Tue May 17, 2005 2:09 pm Post subject: |
|
|
Syncognition wrote: | the more you know |
Answers.com wrote: | Atari created a line of NES products under the name Tengen, and took a different tack: the company obtained a description of the lockout chip from the United States Patent and Trademark Office by falsely claiming that it was required to defend against present infringement claims in a legal case. Tengen then used these documents to design their Rabbit chip, which duplicated the function of the 10NES. Nintendo sued Tengen for these actions, and Tengen lost because of the fradulent use of the published patent. Tengen's antitrust claims against Nintendo were never finally decided.
|
I think I would believe Answers.com over a website that uses the quote "Or somthing".
http://www.answers.com/topic/nintendo-entertainment-system |
|
Back to top |
|
|
project_mercy Basic Member
Joined: 16 May 2005
|
666. Posted: Tue May 17, 2005 3:02 pm Post subject: |
|
|
zaphod wrote: | However all of that is off topic. As I've explained above Konami is right, roxor fucked up, and they are getting nailed on it. End of story. |
Um no it isn't.
I can sympathize with Konami's Trademark issue, but as for a patent violation, they're just grasping at straws.
You're all arguing completely seperate issues, and using tangential justifications.
The "you can't put a ford engine in a chevy" argument,
Actually you can, legally. What you CAN'T do is then drive it on a public road. The reasoning for that though has to do with DOT and EPA regulations. If you wanted, as a private owner, you could actually then take it into your state and have it approved under a 'homebuilt' title, and bring it back to the roads. You also can't buy the two and resell them under a new name. Selling a kit to make the swap possible is perfectly legal, and has been done for for the past 65 years (+/- a few).
A USoA utility patent (which is what this is) protects the right of the patentee to the making, using, offering for sale, or importing of an item or process.
If you don't understand it, I refer you initally to http://en.wikipedia.org/wiki/Patent
The boxxor kit does none of these. It does not manufacture another Bemani box. It modifies an existing one. To some extent, you could easily pass it off as a 'maintenance' factor, and the only possible violation of it again being the trademarking issue.
What a private owner wishes to do with his purchase, outside of external regulations (such as electrical emissions, etc) is of his own volition. Konami can then attempt to sue every owner an ask them to cease using their cabinets, but that's a seperate issue.
Ever change the shocks/struts in your car before? Did you find that especially illegal?
I've read through this whole thread, and spent the time to register, from the sole fact that I see 33 pages which predominantly are filled with people who seem to have a very skewed version of the US legal system. It has nothing to do with 'right' or 'wrong'. It has to do with law. |
|
Back to top |
|
|
Edible Bondage Tape Trick Member
Joined: 26 Jan 2002 Location: Kerri |
667. Posted: Tue May 17, 2005 3:33 pm Post subject: |
|
|
sp porject ary why did you peopel LIE about having lawers and cleared all this stuf with konami then _________________
|
|
Back to top |
|
|
cfusionpm Trick Member
Joined: 24 Jan 2002 Location: San Diego, CA |
668. Posted: Tue May 17, 2005 3:50 pm Post subject: |
|
|
SPF5.Kiba wrote: | I like how people assume (correctly) that Konami was planning the suit for a long time and therefore assume ROXOR had NO idea it was coming and was caught TOTALLY unaware and had NO defense planned. I mean that makes lots of sense. |
obviously roxor knew it was comming. thats a given. assuming they know anything about pattent laws, they knew they were skating on thin ice as soon as they released it. if they have been planning this master deffence case all along, then they knew what they were doing was wrong, yet they did it anyway. great way to run a business IMO . whats their master plan anyway? "we're sorry konami for stealing your cabinets. please forgive us."?
just as everyone else compitant in this thread has said, this case will likely settle, and everything not pertaining to the boxor kits will remain unchanged. _________________
|
|
Back to top |
|
|
Light_373 Trick Member
Joined: 11 Apr 2005 Location: Chicago |
669. Posted: Tue May 17, 2005 3:57 pm Post subject: |
|
|
project_mercy wrote: | zaphod wrote: | However all of that is off topic. As I've explained above Konami is right, roxor fucked up, and they are getting nailed on it. End of story. |
Um no it isn't.
I can sympathize with Konami's Trademark issue, but as for a patent violation, they're just grasping at straws.
You're all arguing completely seperate issues, and using tangential justifications.
The "you can't put a ford engine in a chevy" argument,
Actually you can, legally. What you CAN'T do is then drive it on a public road. The reasoning for that though has to do with DOT and EPA regulations. If you wanted, as a private owner, you could actually then take it into your state and have it approved under a 'homebuilt' title, and bring it back to the roads. You also can't buy the two and resell them under a new name. Selling a kit to make the swap possible is perfectly legal, and has been done for for the past 65 years (+/- a few).
A USoA utility patent (which is what this is) protects the right of the patentee to the making, using, offering for sale, or importing of an item or process.
If you don't understand it, I refer you initally to http://en.wikipedia.org/wiki/Patent
The boxxor kit does none of these. It does not manufacture another Bemani box. It modifies an existing one. To some extent, you could easily pass it off as a 'maintenance' factor, and the only possible violation of it again being the trademarking issue.
What a private owner wishes to do with his purchase, outside of external regulations (such as electrical emissions, etc) is of his own volition. Konami can then attempt to sue every owner an ask them to cease using their cabinets, but that's a seperate issue.
Ever change the shocks/struts in your car before? Did you find that especially illegal?
I've read through this whole thread, and spent the time to register, from the sole fact that I see 33 pages which predominantly are filled with people who seem to have a very skewed version of the US legal system. It has nothing to do with 'right' or 'wrong'. It has to do with law. |
I've said that once and it was flamed outta here. I've seen a few posts pertaning to that flamed outta here. _________________
Sandwich Pirate! wrote: | Welcome to DDRFreak. Where mods are mods, n00bs think they're mods, and beginner members spam.
|
|
|
Back to top |
|
|
Funkstar Polaris Trick Member
Joined: 31 Aug 2003
|
670. Posted: Tue May 17, 2005 4:13 pm Post subject: |
|
|
This is going to be super long, so bear with me.
First, the Tengen thing. It looks like that site I had cited was wrong (I was looking for Nintendo vs Tengen instead of Atari). Atari did indeed lose the lawsuit, but....
Quote: |
The judge in this case found that decompilation was acceptable to figure out unprotected elements of the software. However, Atari lost the case because they used fraud to obtain Nintendo's source code from the Copyright Office. |
(http://cse.stanford.edu/class/cs201/projects-99-00/intellectual-property-law/reverse_engineering.htm, supported by http://www.nesworld.com/law-0002.htm)
Atari lost because it basically stole code to reverse engineer, not because it reverse engineered. But (upon further inspection) this whole ruling is moot anyway since Konami never alleged copyright infringment. And that brings me to my second point.
project_mercy wrote: | Intelligent stuff about patents |
There are three types of patent infringment: direct, indirect, and contributory.
About.com wrote: | Anyone who makes, uses, or sells the patented invention is a direct infringer. If a person actively encourages another to make, use, or sell the invention, the person so inducing is liable for indirect infringement. Contributory infringement can be committed by knowingly selling or supplying an item for which the only use is in connection with a patented invention. |
(http://inventors.about.com/library/bl/toc/bl_patent-infringement.htm)
This case would fall under the third.
According to http://www.invention-protection.com/ip/publications/docs/Contributory_Patent_Infringement.html,
Quote: | The law requires three factors to make a case for contributory infringement; (1) a sale, (2) of a material component of a patented invention, and (3) knowledge that such component has been especially made for use in the infringement of a patented invention. |
Roxor is clearly in violation of (1), and a case could be made for (3). Konami will likely argue that the "arrow scrolling" gameplay constitutes (2).
So, the heart of this lawsuit is whether the arrow scrolling dance sim genre is legally patentable or whether Konami's patent only extends to DDR in particular.
Edit: The heart of the first count, at least. There's still the trade dress, trademark infringement, etc. stuff. |
|
Back to top |
|
|
Mr. A Trick Member
Joined: 20 Oct 2003 Location: INTERNET |
671. Posted: Tue May 17, 2005 4:27 pm Post subject: |
|
|
Funkstar Polaris wrote: |
So, the heart of this lawsuit is whether the arrow scrolling dance sim genre is legally patentable or whether Konami's patent only extends to DDR in particular. |
Well, no one patented the "run from the left of the screen to the right and jump onto the heads of enemies" genre, right? |
|
Back to top |
|
|
Wolfman Jake Trick Member
Joined: 13 Sep 2002
|
672. Posted: Tue May 17, 2005 5:02 pm Post subject: |
|
|
Syncognition wrote: | Wolfman Jake wrote: | What other more recent history lesson does this remind us of? Nintendo vs. Tengen. Who lost that lawsuit? Tengen. Just food for thought, people...that food being lemons (Still no one has admitted to understanding that reference.) |
you might wanna chill out, and take a look back in the thread. someone stated Nintendo won against Tengen for Tengen Tetris. Nintendo was unable to win against tengen for the whole "hey, you're using our chipsets in your unlicensed games" case.
http://www.gamersgraveyard.com/repository/oddities/nintendosuits.html
the more you know |
answers.com wrote: | Atari created a line of NES products under the name Tengen, and took a different tack: the company obtained a description of the lockout chip from the United States Patent and Trademark Office by falsely claiming that it was required to defend against present infringement claims in a legal case. Tengen then used these documents to design their Rabbit chip, which duplicated the function of the 10NES. Nintendo sued Tengen for these actions, and Tengen lost because of the fradulent use of the published patent. Tengen's antitrust claims against Nintendo were never finally decided. |
The more you konw, Syngocnition. Becareful when you cherrypick your information
Also, project_mercy, who brought up modifying a car with other brands' parts, what do you think the other part of everyone's argument was on that? Oh yeah, it was selling the car under an assumed name.
Funkstar Polaris, it sounds like Konami has Roxor pretty much dead to rights on contributory infringement, since Roxor sold the Boxor and knew that it was specifically designed to overtake and only overtake Konami's cabinets (take note, Kiba. By the way, I'm still waiting to hear what Roxor's master plan was through all of this in PM). If Konami has to bring in its Dancing Game patent to clench this, it's not really a stretch, folks. Konami used that to force Andamiro into a settlement in Konami's favor. So yes, Konami has "won" with it before. The only reason a court hasn't officially decided on the patent yet is because Andamiro did the smart thing and settled when it became clear that throwing more money at lawyers to try and beat the charge Konami brought against them would just be a much bigger loss than agreeing to Konami's terms. Roxor has even LESS money to throw at a legal defense; Konami's got them in line for a nice big settlement, in my opinion, and Roxor is most likely going to take that very prudent "way out." Thanks again, Funkstar Polaris, that was all very enlightening stuff. _________________
Wolfman Jake
Last edited by Wolfman Jake on Tue May 17, 2005 5:20 pm, edited 3 times in total |
|
Back to top |
|
|
Loogaroo Trick Member
Joined: 06 Feb 2002 Location: Glendale, CA |
673. Posted: Tue May 17, 2005 5:03 pm Post subject: |
|
|
It is legal to have a monopoly on intellectual property. In fact, that's precisely what a copyright is. _________________
|
|
Back to top |
|
|
Funkstar Polaris Trick Member
Joined: 31 Aug 2003
|
674. Posted: Tue May 17, 2005 5:32 pm Post subject: |
|
|
Alpha (IIDX Style) wrote: | Funkstar Polaris wrote: |
So, the heart of this lawsuit is whether the arrow scrolling dance sim genre is legally patentable or whether Konami's patent only extends to DDR in particular. |
Well, no one patented the "run from the left of the screen to the right and jump onto the heads of enemies" genre, right? |
Right, that's what I think. I'm troubled by the prospect of a company that tries to patent a whole game genre, too anti-competitive. In that respect, at least, Roxor has the advantage of precedent (see Capcom v. Data East, Atari v. Magnavox).
Wolfman Jake wrote: | Funkstar Polaris, it sounds like Konami has Roxor pretty much dead to rights no matter if Roxor claims ignorance in the matter (indirect infringement) or that they knew what they were doing (Kiba, that's contributory infringement). Thanks, that was so very enlightening stuff. |
Thank you
According to the site where I got that, ignorance is actually a valid defense for indirect infringment (also contributory). But you're right, it seems like Konami could hold them in indirect infringment, too, by claiming that the instruction manual encourages arcade owners to make an infringing device. |
|
Back to top |
|
|
Apex Trick Member
Joined: 13 Jul 2003 Location: Seattle, WA... |
675. Posted: Wed May 18, 2005 5:25 am Post subject: |
|
|
I like Roxor games, but more importantly I like the team. I don't really care what happens to the company. If Konami manages to sue Roxor out of the game, I could live without Roxor. What I would NOT appreciate, is if In The Groove dies with Roxor.
We all know that huge companies such as Konami have the ability to sue any smaller company out of buisness just by burying them in court cases. They don't even necessarily have to have a good case (I'm not saying that they don't). Roxor probably should pay Konami some royalties. All that aside; the problem I'd have is the inhibitation of creativity due to the presence of corporate entities like Konami.
Konami has been out of the DDR scene for us for years. ITG picks up where DDR left off, and it's a vast improvement. I wouldn't care Konami even republished ITG as they're own, as long as we get a better dance game!
my point: Konami - Roxor: who cares. All I want is ITG. _________________
Doggy! |
|
Back to top |
|
|
Wolfman Jake Trick Member
Joined: 13 Sep 2002
|
676. Posted: Wed May 18, 2005 9:56 am Post subject: |
|
|
Apex wrote: | Konami has been out of the DDR scene for us for years. ITG picks up where DDR left off, and it's a vast improvement. |
That may be true for the aracade scene, but that's hardly true in and of itself. Konami has obviously been invested in the home market for DDR in the US for the past 4 years at least, and they continue to release new CS mixes in Japan. _________________
Wolfman Jake |
|
Back to top |
|
|
Edible Bondage Tape Trick Member
Joined: 26 Jan 2002 Location: Kerri |
677. Posted: Wed May 18, 2005 9:58 am Post subject: |
|
|
Wolfman Jake wrote: | Apex wrote: | Konami has been out of the DDR scene for us for years. ITG picks up where DDR left off, and it's a vast improvement. |
That may be true for the aracade scene, but that's hardly true in and of itself. Konami has obviously been invested in the home market for DDR in the US for the past 4 years at least, and they continue to release new CS mixes in Japan. |
not to mention what is hsapiong up to be a very very good CS mix release here in the fallish area _________________
|
|
Back to top |
|
|
Apex Trick Member
Joined: 13 Jul 2003 Location: Seattle, WA... |
678. Posted: Wed May 18, 2005 10:33 am Post subject: |
|
|
EnglishBastardizingTerror wrote: | Wolfman Jake wrote: | Apex wrote: | Konami has been out of the DDR scene for us for years. ITG picks up where DDR left off, and it's a vast improvement. |
That may be true for the aracade scene, but that's hardly true in and of itself. Konami has obviously been invested in the home market for DDR in the US for the past 4 years at least, and they continue to release new CS mixes in Japan. |
not to mention what is hsapiong up to be a very very good CS mix release here in the fallish area |
That's all true, but this case seems to be more focused on the arcade scene than the console scene. I've never been a big DDR consoler. It's too expensive and time consuming to maintain a metal pad that's not even as good as an arcade machine.
DDR Extreme is great for the first two years. But even a few console releases with a sparse ammount of new songs (with aweful stepfiles) doesn't do it for me.
I don't mind what happens with the console version. Spokane is getting a new ITG2 cabinet, and i'll be happy with that for a long time to come. _________________
Doggy! |
|
Back to top |
|
|
jaded2003 Trick Member
Joined: 31 Aug 2003 Location: Michigan |
679. Posted: Wed May 18, 2005 12:23 pm Post subject: Too new |
|
|
Heres what i think on the subject, if anyone cares anymore. I think it is just too soon to make any "smart decision" about the whole thing. I mean seriously, i have read the information and I believe it all to be too young to see what comes fourth with it, we can all perdict whats going to happen, but i dont think anyone is in the right to make a decision that will ultimately be the right case, or what we hope will impact the situation. I know this whole thing has got the entire fanbase in an uproar over the entire thing, and some of you might have heard what I have to say over the entire thing. But i am in the neutral position over the entire thing. Still staying neutral mind you... as a reply to those who say Konami is full of it, and doesnt care about its fanbase.. I admit, we havent seen much action from them... Reminds me of the Linux vs. Windows debate, or the Apple Vs. PC debate, on the PC side of things (as far as the Linux v. Windows) MS hasnt released anything beyond WinXP in a couple years.. Longhorn is basically a rehash of Windows XP from what Ive seen, and Server 2003 is basically another version of Windows 2000 . Microsoft has taken their time and have released some crappy stuff, however they have released some kick-butt products, if MS doesnt release a version of Windows in a few years, it doesnt mean they dont care. If Linux were to do the same thing, it doesnt mean they dont care. There are many things that go on behind the scenes that some people choose to overlook in all companies, and even open source projects.
on the Apple v. PC debate, both have released some great stuff, but if you look at it, Apple's OSX is basically copying *nix, with a few modifications, I have yet to see a PC do what the Apple OS does. Mind you some PC hardware can be modified to make it look exactly like MacOSX, also because Apple hasnt released anything (and it goes back to the MS v. Linux debate) doesnt mean Apple doesnt care... Apple does care, thats why it took them time to roll out the ipod, which is a wonderful product.
Basically things take time to make great, they go through several versions of stuff to perfect it for the public to see, and that goes with all companies.
Point is: I dont want to stop discussion, but I look at the issue in a logical sense, and how people react to it, everyone seems to be blind to the real truth, and makes all these assumptions, alligations, guesses, and possible outcomes. It isnt a bad thing, but what the proceding is, is just my opinion.
QOTW: "You are here, but you're not all there." |
|
Back to top |
|
|
|
|
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum
|
Powered by phpBB 2 © 2001, 2002 phpBB Group
|