So I’ve always heard in the context of tabletop games (RPGs, ccgs, boardgames) that you literally can’t copyright or patent game mechanics, only specific language/presentation.
For example, you can’t call your card game mechanic, “tapping” because MTG/WotC has copyrighted that term, but they literally can’t copyright “show card is exhausted by turning it sideways.”
Is that not true or is there some reason it’s different for videogames?
I assume a lot of these patents wouldn’t actually hold up if challenged in court - but I guess you can file them anyway? I’m not familiar with patent law at all, but seeing as there’s literally millions filed, I would assume there really isn’t that much oversight done at the moment of filing… which seems like a great system to have: just let those with the resources to go through the filing process throw shit at the wall, and leave it to anyone brave enough to get dragged into long legal proceedings to challenge them if they’re bullshit.
grant of patents does not guarantee validity, and revocation is not uncommon. In fact, a large number of patent litigations result in revocation of patents by national courts. Moreover, according to EPO statistics, 70% of opposed patents are revoked or limited during opposition proceedings
And this is for patents that are actually challenged - who knows how many there are for more obscure areas, just sitting around with no-one (wealthy enough) to challenge them? (and I would assume this is even worse for the US)
Oh, so big companies can just patent whatever they want even illegally and you have to violate it and hope the court is reasonable and you can afford the legal fees for fighting it. Death to Amerikkka, Bioware delenda est.
If memory serves, one of the bideo bame corporations now owns the concept of “barrel rolls” in flight maneuvering. I imagine it might not hold up in a legal fight… but who can afford to start one?
Oh, so big companies can just patent whatever they want even illegally and you have to violate it and hope the court is reasonable and you can afford the legal fees for fighting it. Death to Amerikkka, Bioware delenda est.
Bluntly: this is pretty much how the entire legal system works. Part of why there was such a long concerted effort to defang class action suits is because the system is basically built such that its very easy to bully people individually when you have the money.
So I’ve always heard in the context of tabletop games (RPGs, ccgs, boardgames) that you literally can’t copyright or patent game mechanics, only specific language/presentation.
For example, you can’t call your card game mechanic, “tapping” because MTG/WotC has copyrighted that term, but they literally can’t copyright “show card is exhausted by turning it sideways.”
Is that not true or is there some reason it’s different for videogames?
I assume a lot of these patents wouldn’t actually hold up if challenged in court - but I guess you can file them anyway? I’m not familiar with patent law at all, but seeing as there’s literally millions filed, I would assume there really isn’t that much oversight done at the moment of filing… which seems like a great system to have: just let those with the resources to go through the filing process throw shit at the wall, and leave it to anyone brave enough to get dragged into long legal proceedings to challenge them if they’re bullshit.
this (for European patents) says:
And this is for patents that are actually challenged - who knows how many there are for more obscure areas, just sitting around with no-one (wealthy enough) to challenge them? (and I would assume this is even worse for the US)
Oh, so big companies can just patent whatever they want even illegally and you have to violate it and hope the court is reasonable and you can afford the legal fees for fighting it. Death to Amerikkka, Bioware delenda est.
If memory serves, one of the bideo bame corporations now owns the concept of “barrel rolls” in flight maneuvering. I imagine it might not hold up in a legal fight… but who can afford to start one?
Bluntly: this is pretty much how the entire legal system works. Part of why there was such a long concerted effort to defang class action suits is because the system is basically built such that its very easy to bully people individually when you have the money.