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Trouble in Groove-land
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Funkstar Polaris
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740. PostPosted: Thu May 19, 2005 12:52 pm    Post subject: Reply with quote

Syncognition wrote:
actually, whoever said Roxor is being sued over the game probably is just reading the legalese incorrectly. the "ITG Game" is how the boxor is referred to throughout the document (I believe the "factual background" at the beginning of the court papers says something along the lines of "In the Groove Game (hereafter referred to as 'ITG Game'). You'll also notice they refer to the refitting of the "DDR Game" throughout, but that doesn't mean they are talking about software.


You're probably right. The way I read it, the Boxors are the 'apparatuses embodying the patented inventions' in paragraph 15. Thus, the game itself infringes directly or indirectly and the Boxors are contributory since they work 'only' with the DDR cab and contain a material component of the patent, i.e. the game. The whole thing is pretty nebulous, though.
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project_mercy
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741. PostPosted: Thu May 19, 2005 12:59 pm    Post subject: Reply with quote

Wolfman Jake wrote:
Yes you can. Immersion Corporation did JUST THAT. They took Sony to court over it, and SONY LOST. They have been ordered to pay Immersion 90.7 million dollars for damages for infrigements on Immersion's technology patent on force feedback. Immersion doesn't even have a competing controler! Sony is trying to appeal the case, but most analysts agree they are going to lose and have to fork over the dough.


Cept you're comparing apples to oranges again, as I tried to point out.

If the insides of a DDR cabinet is a non-PC technology, and the boxor replace is PC, how exactly is that copying Konami's design?


Quote:
And by the way, the Boxor doesn't increase the consumption of Konami's cabinets. It's marketed as an upgrade to your existing cabinet. Almost no one is going out there buying a DDR cabinet just to throw away the 573 board and install a Boxor, not arcade owners almost definately.


An arcade who wishes to run a BoXoR will either

a.) retrofit an existing DDR cabinet currently in their arcade. Cost to Konami? $0 from a hardware standpoint. Boon to Konami? $0 from a hardware standpoint

b.) having no DDR cabinet currently in their arcade they wish to retrofit, they must now purchase another one. Cost to Konami? $0 from a hardware standpoint. Boon to Konami? $whatever % they make of the $10k for the machine.

In either case, it's not costing Konami a cent. It's not infringing on Konami's ability to produce a dancing game cabinet as defined in that patent.
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Wolfman Jake
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742. PostPosted: Thu May 19, 2005 1:11 pm    Post subject: Reply with quote

project_mercy wrote:
Wolfman Jake wrote:
Yes you can. Immersion Corporation did JUST THAT. They took Sony to court over it, and SONY LOST. They have been ordered to pay Immersion 90.7 million dollars for damages for infrigements on Immersion's technology patent on force feedback. Immersion doesn't even have a competing controler! Sony is trying to appeal the case, but most analysts agree they are going to lose and have to fork over the dough.


Cept you're comparing apples to oranges again, as I tried to point out.

If the insides of a DDR cabinet is a non-PC technology, and the boxor replace is PC, how exactly is that copying Konami's design?


It's NOT just what you put the Boxor in. It's what gives the Boxor the user input. What's that device? Oh yeah, it's the Konami dance pad, a patented part of your ballanced Konami DDR cabinet! That makes the Immersion case all the more relevant.

project_mercy wrote:
Quote:
And by the way, the Boxor doesn't increase the consumption of Konami's cabinets. It's marketed as an upgrade to your existing cabinet. Almost no one is going out there buying a DDR cabinet just to throw away the 573 board and install a Boxor, not arcade owners almost definately.


An arcade who wishes to run a BoXoR will either

a.) retrofit an existing DDR cabinet currently in their arcade. Cost to Konami? $0 from a hardware standpoint. Boon to Konami? $0 from a hardware standpoint

b.) having no DDR cabinet currently in their arcade they wish to retrofit, they must now purchase another one. Cost to Konami? $0 from a hardware standpoint. Boon to Konami? $whatever % they make of the $10k for the machine.

In either case, it's not costing Konami a cent. It's not infringing on Konami's ability to produce a dancing game cabinet as defined in that patent.


Cost to Konami from an advertising standpoint? Tons of $. Every ITG "machine" out there is a DDR machine necessarily destroyed. Less advertising for Konami means fewer sales of its CS products.
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project_mercy
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743. PostPosted: Thu May 19, 2005 2:27 pm    Post subject: Reply with quote

Wolfman Jake wrote:
It's NOT just what you put the Boxor in. It's what gives the Boxor the user input. What's that device? Oh yeah, it's the Konami dance pad, a patented part of your ballanced Konami DDR cabinet! That makes the Immersion case all the more relevant.


Actually that's what makes it less relevent. They didn't change the dance pad, nor are they selling the dance pad, The dance pad is exactly in the state it was sold at, as is the rest of the machine, with the exception of the devices which were removed, and replaced with technology which does not copy the patented material, and is novel and unique.


Quote:

Cost to Konami from an advertising standpoint? Tons of $. Every ITG "machine" out there is a DDR machine necessarily destroyed. Less advertising for Konami means fewer sales of its CS products.


Exactly why I said HARDWARE cost. Hardware. Marketing loss is not hardware. And while they may recognize this as a personal loss, it's not a failure on RoXoR's part, nor is it a liable condition. Whether the box is retrofitted with a boxor, or sit's derelict because your local bowling alley owner refuses to fix the pad and lets it sit there, turned off, all the time, is irrelivent.

If they wanted to maintain market presence, they should actually put some effort into it, like every other company.

And as for the potentiality of a trademark infringement on a mislabled box, I said from the beginning I wasn't going to get into, as that honestly just comes down to the judge and who has a better lawyer, and people sue over that crud all the time.

If you have any doubts in that, check on the recent Tiger Directs suit against Apple about OS X/Tiger effecting the search results on Internet search engines. Doomed to loose, but they did it anyway, I'd assume just for marketing purposes.
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Edible Bondage Tape
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744. PostPosted: Thu May 19, 2005 4:10 pm    Post subject: Reply with quote

so project mercy who ARE you on the ITG staff anyway

inquireing minds want to know
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Wolfman Jake
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745. PostPosted: Thu May 19, 2005 5:05 pm    Post subject: Reply with quote

Good question. project_mercy's account was only created after this headline was posted, and so far, s/he has only posted in this thread. That's a rather narrow focus. It makes one wonder.
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uelrindru
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746. PostPosted: Thu May 19, 2005 5:34 pm    Post subject: Reply with quote

ok project mercy so what you're saying is that they can steal the design market it as a new product, and there's no liablility whether or not they used pre-existing units it's what they did. Ok they changed some internals but the cabinet looks the same.
By just using another companies product for something it was NOT INTENDED FOR they were stealing. They ripped off the product bypassing R&D costs, Production costs, and labor co
Also, part of the problem is the end user, in many cases, do not have full control over the machines. The whole right of use is given to them under an end user liscense agreement. You don't own what you buy anymore, you only get the right to use it.
Next time your get a stereo or some electronic look at them. You rarely have the right to do what you want with anything that has electricity coarsing through it and by buying it and not returning it when you see that you agree to it.
Most importantly the product confusion that was brought up early is the major thing Konami is probably worried about. Regardless of if they make the machines anymore they make products based off it. Infringing on them creates product confusion for the FRANCHISE and that is an unfair business practice. It's like another company using yellow arches instead of golden. They'd look the same, you'd trick people and you knew it. Yes I know I'm referring to trademark law but the principle is the same and a patent does have to be different enough to not be mistaken for another patent or use a different process(a grey area yes), which is what most patents are processes.
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Aaron_Kwok
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747. PostPosted: Thu May 19, 2005 6:47 pm    Post subject: Reply with quote

EnglishBastardizingTerror wrote:
so project mercy who ARE you on the ITG staff anyway

inquireing minds want to know


Hmmm....

Perhaps it's Roxor's lawyer? He seems rather knowledgeable about patent cases...

Also, I'd like to ask something. Since we're talking about patents here, if changing the inside of a DDR machine is illegal, would it be illegal for me to have a modchip in my PS2? (I know this is totally different, but I was just curious, it seems sort of similar)
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jaded2003
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748. PostPosted: Thu May 19, 2005 9:22 pm    Post subject: Reply with quote

Well, as much as i dont want to reply to the bit, i kind of found this intresting since you are all talking about the same thing... And yes I know this may be contradicting the opinions and information I posted eailer, if you want to look back, its on the end of i think page 36.

Now correct me if I am wrong, but I do own both a Gauntlet II arcade game, and a conversion kit, which kind of makes the conversation intresting... Lets say, someone made another game that i put in place of my conversion kit. I do *NOT* install the conversion kit, and therefore not a slapstick chip, which is the security chip, for one I would be confusing people by putting different software in a fairly known cabinet, and two.. If the third party upgrade kit required me to completely take out the board, or part of the board and put their own software, and then using their version of the slapstick chip, which is basicallly a lockout chip that prevents me from installing the Gauntlet II roms, in *ANOTHER* gauntlet II machine.. I think if i were to do that, and the option was available for me to do in the first place, Atari Games Inc. would have all right to come after me, for using a competitors software in one of *THEIR* cabinets. Its the same concept in this case, let me take a snipit out of the gauntlet I to II conversion kit manual, tell me where i go wrong if anything, and yes i put comments in there purposefully (on this forum, not the actual conversion kit manual)

Conversion Instructions:

1. Replace the Joystick Leaf Switches, Decals, and Overlays (Now, that's Atari's conversion kit, what if it were the instructions for ITG (Replace the existing gauntlet I arcade cabinet with a DDR Machine), ok moving on.

2. Install the IC's of *YOUR* conversion kit into *YOUR* game. (Say those exact instructions were given to myself of *ANOTHER* game, lets say for argumental purposes... "Pac-Man"

3. Install the product identification information (again, imagine this was another game manufacturer)

4. Inspect The Game

5. Reset game options

Now those instructions were from an existing Gauntlet II conversion kit manual that i have right besides me. now it specifically says in the manual, it would be violating their rights if i were to reproduce the scemetics, instructions, the manual... Without prior written permission from the publisher. Now lets say for the sake of argument Namco were to reproduce those instructions and call them their own, and make it required to play their game. You guys are saying it wouldnt make a difference if Atari Games made the original cabinet, game, and manual. The screen is definately produced by another manufacturer. It looks like from my perspective that this is the same cabinet, and same instructions, i just thought it might make a difference.

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sandm000
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749. PostPosted: Fri May 20, 2005 4:16 am    Post subject: Reply with quote

uelrindru wrote:

Also, part of the problem is the end user, in many cases, do not have full control over the machines. The whole right of use is given to them under an end user liscense agreement. You don't own what you buy anymore, you only get the right to use it.
Next time your get a stereo or some electronic look at them. You rarely have the right to do what you want with anything that has electricity coarsing through it and by buying it and not returning it when you see that you agree to it.
.


Yeah that's true until the warranty runs out 6mos later
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iamstorm
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750. PostPosted: Fri May 20, 2005 4:47 am    Post subject: Reply with quote

sandm000 wrote:
uelrindru wrote:

Also, part of the problem is the end user, in many cases, do not have full control over the machines. The whole right of use is given to them under an end user liscense agreement. You don't own what you buy anymore, you only get the right to use it.
Next time your get a stereo or some electronic look at them. You rarely have the right to do what you want with anything that has electricity coarsing through it and by buying it and not returning it when you see that you agree to it.
.


Yeah that's true until the warranty runs out 6mos later


Very good point!
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Wolfman Jake
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751. PostPosted: Fri May 20, 2005 6:56 am    Post subject: Reply with quote

sandm000 wrote:
uelrindru wrote:

Also, part of the problem is the end user, in many cases, do not have full control over the machines. The whole right of use is given to them under an end user liscense agreement. You don't own what you buy anymore, you only get the right to use it.
Next time your get a stereo or some electronic look at them. You rarely have the right to do what you want with anything that has electricity coarsing through it and by buying it and not returning it when you see that you agree to it.
.


Yeah that's true until the warranty runs out 6mos later


Are you absolutely sure that's true? A warranty is in reference to the manufacturer's obligation to insure their product will be free from defect and will function as intended for the period of time stipulated by the warranty. It is an agreement to aid the user in repairing and/or replacing defective parts or the whole of the product usually only if the defect can be demonstrated to be caused by faulty manufacture or design and not the user's misuse of the product. Furthermore, there is no set amount of time that a warranty must be offered, or anything (I believe) that mandates that a warranty has to be offered. It's the manufacturer's way of enticing you to buy their product with a pledge to insure your probably heafty investment in the product should it by chance be a lemon; it's a way to bolster consumer confidence in purchasing. I'm really skeptical of someone trying to do ANYTHING they wanted with a product just because the original manufacturer won't replace if for free if it breaks after the warranty expires. If you are so sure that an expired warranty entitles you to use a product however you wish, try taking a control box from a RO Ignition after 60 days (warranty period) and using it to build your own dance pad to sell to other people. Do you think RO would be cool with that just because you waited until they wouldn't replace your broken Ignition pad anymore?
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752. PostPosted: Fri May 20, 2005 8:32 am    Post subject: Reply with quote

Since nither sides put out a lot of songs from the radio (,hip -hop and right now songs especially) I think they both suck.

Well theres always Stepmania i guess.

If Roxor switch cabinets ,what difference will it make?

People will play it........... or they wont blink.gif blink.gif
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753. PostPosted: Fri May 20, 2005 8:53 am    Post subject: Reply with quote

*backs away from the conversation for a time*

It seems as if everyone is talking about the same thing, and in my opinion giving the same answers, in different words. Okay, i am done talking for now.

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754. PostPosted: Fri May 20, 2005 9:24 am    Post subject: Reply with quote

Quote:
Also, I'd like to ask something. Since we're talking about patents here, if changing the inside of a DDR machine is illegal, would it be illegal for me to have a modchip in my PS2? (I know this is totally different, but I was just curious, it seems sort of similar


No it isn't illegal, but for different reasons than this lawsuit.

With a modchip, you have a little change. It's still a PS2. It can still play all the normal games, and it's not like it's a replacement for a PS2. ITG is a whole new game, just with the DDR cabinet. It's like (simplification here) If a colsole developer decided to make a system that
kept the entire ps2 outside-part (the case and controllers) and put a different (even if it's better) system inside, so they have a better market for their game, since alot of people already have ps2s.
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755. PostPosted: Fri May 20, 2005 9:31 am    Post subject: Reply with quote

Aaron_Kwok wrote:
EnglishBastardizingTerror wrote:
so project mercy who ARE you on the ITG staff anyway

inquireing minds want to know


Hmmm....

Perhaps it's Roxor's lawyer? He seems rather knowledgeable about patent cases...


actualy he dosnt

the only lawyer i wold expect to be publicly commenting would be leonard J cribs anyone else talking publcly like this about thiercase would be subject to disbarment
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uelrindru
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756. PostPosted: Fri May 20, 2005 7:15 pm    Post subject: Reply with quote

warrenties can be and in many places are mandated for certain products, it varies state by state which is why you get warrenties. People used to sell junk as working products and there was nothing a consumer could do... till the government stepped in to stop it.
End User Liscence Aggrements(EULA's) are for the life of the product and are transferable. That means as long as you use the product, you are bound by the terms of the EULA and if you sell it that burden transfers to the new owner if they have a copy of it or not.
Some things, mostly software, you can't legally sell they don't have transferable terms or they attach to something. Windows does this, it attaches to the computer motherboard you put them on in most prebuilt models. I've been looking for manuals online for the machines but haven't found one yet.
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Wolfman Jake
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757. PostPosted: Fri May 20, 2005 9:12 pm    Post subject: Reply with quote

uelrindru wrote:
warrenties can be and in many places are mandated for certain products, it varies state by state which is why you get warrenties. People used to sell junk as working products and there was nothing a consumer could do... till the government stepped in to stop it.


Still, I would like some evidence that actually links the warranty contract to stuff that would be covered under an End User Agreement or any other rights of the manufacture and/or consumer regarding how a product is to be used and not used, as sandm000 implied above. I'm almost certain they are completely different legal entities governing differect aspects of product ownership. The most like an EULA that a warranty gets, as far as I know, is that the warranty can stipulate what constitutes a warranty violation. That lets companies save on the cost of repairing or replacing damaged products that are the result of the consumer's misuse or abuse of the product. Suffice it to say, it makes little sense to me to say that an expired warranty is a license to infringe on a patent.
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758. PostPosted: Sun May 22, 2005 12:16 am    Post subject: Reply with quote

I haven't play ITG yet but I can see whats going on with this situation. I can understand Roxor wants to make ITG for a gamers like us to go further, better and it makes a good thing. But hey, business is business. I know one thing though they've got chewed by using konami's cabinet.
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Tobias Preener
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759. PostPosted: Sun May 22, 2005 9:43 am    Post subject: Reply with quote

once again i please ask: if konami wins, do arcades have to get rid of ITG?
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