620°

Microsoft sued over Kinect

The Ohio-based firm claims that Microsoft's motion tracking sensor violates seven of its patents, include those that cover a "wide variety of games where the movement of a player is tracked in three dimensions…and certain exercise games where the motion of the player is tracked to effect movement of a virtual avatar, and the exertion of the user is monitored, including where the tracking of the player is done by the use of a camera."

Read Full Story >>
patentarcade.com
ksense4651d ago (Edited 4651d ago )

lol highly unlikely but hoping this will spark the end of kinect and MS actually focusing on core games. anyways these kind of cases usually go unnoticed after a while. this firm is prolly just trying to get some kind of settlement from microsoft out of this. time will tell

Paradicia4651d ago

It seems that the company is acting out on a 'impulse'. Wouldn't say anything will actually materialize :L

otherZinc4651d ago

This company may lose this battle. M$ bought the device from another company or M$ bought the company with the Kinect technology, period. Right?

If so, that company should've sued the original developer of the Kinect tech first.

kneon4651d ago (Edited 4651d ago )

No point suing a small company that didn't have much of a real product. But now there are billions at stake, and judging from the patents it seems they have a pretty good case. I'm sure this won't shut down Kinect, but it could cost Microsoft a good chunk of change.

And just because Microsoft bought the company doesn't shield them from being sued. When you buy a company you not only get their assets, but also their liabilities. If the patents aren't stuck down then Microsoft will probably lose.

gamingdroid4651d ago (Edited 4651d ago )

***But now there are billions at stake, and judging from the patents it seems they have a pretty good case.***

Because there is more money involved, doesn't mean there is "more" merit. That's a fallacy.

**And just because Microsoft bought the company doesn't shield them from being sued. When you buy a company you not only get their assets, but also their liabilities. If the patents aren't stuck down then Microsoft will probably lose.***

Well depends on what you mean by struck down, but the patents can be invalidated if there is prior art, potentially too broad or if MS has other patents they can show as a counter-argument. That said, you also have to show the patents actually apply at all.

It's hard to say, because patents are a mess. I think we really need to redo the patent law, when companies are using patents as some kind of weapon to keep each other at bay and very often, they are patenting the idea (i.e. too broad) more than a way to do it.

Many things are too obvious to patent, yet we get stupid patents like 1-click ordering by amazon.com.

This though could hurt Kinect significantly, if it is perceived as legally dangerous to release games for the device.

Persistantthug4651d ago

"Because there is more money involved, doesn't mean there is "more" merit. That's a fallacy."

He's not saying there's more "merit" because there's more money involved.....He's saying there's more incentive and motivation.

None of use knows if Microsoft will win or lose, but as you said, it could disuade devs fom developing for it....especially, for example, if your own dev company could get called into court.

Personally, I bet Microsoft settles....that's what they normally do in cases like these.....this ain't the first time for MS.

gamingdroid4651d ago (Edited 4651d ago )

Yeah, Kneon sent me a message clarifying so yes, I misunderstood. My apologies to kneon.

That said, MS undoubtedly expected this sort of thing. It's sad that anytime a successful products come on the market, there are tons of lawsuits. You essentially plan in lawsuits as a cost of doing business now.

These d@mn lawyers are ruining our country!

kreate4651d ago

microsoft has been sued so many times. i dont think its a big deal. thy got other things to worry about. its just 1 more case for their paralegal department to deal with.

hikayu4651d ago

this company is just one of the hundreds of thousands of companies out there that troll patents . they file dubious claim that provide very very brief detail of their "invention" , do very little research on it and basically wait for someone to either buy them up or sue the shit out of anyone that actually turn it into something . the patent system in the united state is broken . it inhabited with patent troll of all kinds , just waiting to suck the money out of anything they can for no flippin work. i read through the patent of this company , it basically is statement of an imagination. basically , it's a fiction filed as an "invention" . they never clearly stated what did to achieve the said action .
basically , they claim that anything involving tracking movement in 3d space using sensor is their idea ...
man WTF ?!! this is not an invention , everyone want something like that since they were 10 ! it's like saying patenting a system where they can recognize voice for position placement . that is not an invention , the invention should be how you do to achieve it : triangulation of microphone , algorithm , sensitive mic ...w/e
i hope this base lose , get their "patents" revoke . there need to be a fix for this broken patent system .

Vaud-Villian4651d ago

MS should just buy it and close it.

zag4651d ago

I don't think this will go far.

Think about it.

This patent is about a device that does 3D tracking for games but does so via certain moves that just so happen to be the same moves you'd use in a dance game etc then moves that you'd use in a exercise game etc.

It's just a little bit specific of a device and then the moves are a little too specific and just to add to it all, this company decides to sue a few years after the device is R&D and then produced and sold out in the stores.

I'm not a MS fan but even I find this a bit fishy.

fr0sty4650d ago

This won't permanently shut kinect down if MS does not settle out of court, but it could temporarily shut it down much like Sony had to remove rumble for a bit there until they settled.

gaffyh4650d ago

I doubt anything will come of this, but the strange thing is, it makes no sense that other publishers are liable, because they are just making software for a MS device. If anything, the only company who is liable is MS, but even then, the patent is so wide. From what they're saying, even Sony would be liable in some aspects, because the Eyetoy did most of what they're claiming is infringed.

It's more likely actually, that this company is hoping that MS will settle because it is easier, I don't think they'd win in court.

EVILDEAD3604650d ago

LOL @ buying patented tech and the company that invented it..then another company is pretending they can patent moving avatars in a 3d space with a camera.

Suuuure.show us where this tech exists..

This will get ATE up in court..

Kinect isn't going anywhere no matter how the usual suspect pray on their knees for it's downfall

Ecil

+ Show (9) more repliesLast reply 4650d ago
LOGICWINS4651d ago

$500 million when into Kinect's marketing ALONE. This doesn't include R & D costs. If Microsoft doesn't break even with Kinect, then where will they get the money to create these core games you want?

Think before you post.

4651d ago
insomnium24651d ago

@apophis

Yeah I remember. I also remember how cocky the x360 fanbase was due to "it's all about games". They shouted out "Failstation" and "it's only a BD-player" for years and now when the table has turned (like we said it would) there's not even ONE complaint over this. Noone cares about games anymore. Exclusives are not important AT ALL. I'm like O_O when I read some peoples' comments here.

kingdoms4651d ago (Edited 4651d ago )

When you say "core game focus" you're really saying *I the ps3 fanboy wants kinect to die so ps3 doesn't bleed to death*

WhiteLightning4651d ago

LOL...there are a ton of people who have both consoles which don't like Kinect.

You mention something bad about Microsoft and your suddely a fanboy...please

Says the guy with one bubble.

kneon4651d ago

About 80% of Xbox owners haven't yet bought Kinect, I guess they all must be PS3 fanboys /s

The Iron Sheik4651d ago

If you're a core gamer on 360 then you should want Kinect to die more than the PS3 fanboys.

kikizoo4651d ago

Lol, fanboy much : "ps3 bleeding to death", when the thing sell more, have better game and functionalities trhan this favorite box.

"This doesn't include R & D costs"

no R&D, just a paycheck to buy the israelian product.

-DeathWraith-4651d ago

Face it mate, Microsoft has dropped the ball with their core fanbase.

TheBatman_Fanatic4651d ago

Why would a ps3 fanboy want Kinect to die. PS3 gamers have plenty of games to play while 360 gamers were ditched becuase M$ wanted to focus on Kinect.

insomnium24651d ago (Edited 4651d ago )

The PS3 fanbase has been on the motion bandwagon since 2006 with sixaxis controller. I loved it in Lair and R&C TOD for example.

The x360 on the other hand has been pro-core games and has rubbed that one thing in PS3 fanbase's face since the beginning. After they lost the games-argument they went on straight into sales. Now when even sales are kinda grey area they find themselves waiting on the next gen to arrive saying exclusive games don't matter.

That is so hypocritical it's not even funny anymore. Why doesn't the games matter anymore? You guys were so hell bent on laughing at the PS3 with your "waitstation" back then. Does anyone even remember this anymore? I do and I find the newest developments in this console war preposterous. PS3 gamers are cocky and only care about exclusives? WTH it was YOU who started laughing at us for those very same things. That is the only reason we even mention them. I'm at a loss for words (and bubbles too) for you x360 people.

Remember that I'm not talking about you who just recently jumped in in 2009+ or something. I'm talking about you who were here 5 years ago. Yes YOU.

ontopic: If MS is to blame in this then they shall pay. Same with anyone including Sony.

4650d ago
+ Show (5) more repliesLast reply 4650d ago
Heartnet4651d ago

Wudnt stop kinect.. theyd pay off the company and thatll eb that

cannon88004651d ago

How many thought that they were being sued by some person who got seriously hurt playing one of those kinect games?

the_best_player4651d ago

Kinect needs to die because there's no hard core games for it.

M-A-R-S-H-A-L-L4651d ago

Personally, I hope the little guys win. :)

likedamaster4650d ago

Everyone predicted this. No one sued before, but as soon as Kinect was successful, they take a crack at it. So typical of these hardware/supply companies to go after Microsoft. A tech, I'm absolutely sure, they had nothing to do with, sought out, made sure Microsoft didn't have the patent to and blatantly sue them for it.

Microsoft specifically acquired all the companies that had anything to do with the technology to cover all its bases, and someone still sues.

But I digress. It's anyone's guess here. Who knows what's really going on, right?

+ Show (6) more repliesLast reply 4650d ago
rabidpancakeburglar4651d ago (Edited 4651d ago )

Looks like Microsoft will have to give out quite a large settlement if this is true but they will no doubt be good for it. Not sure why the publishers are being sued though.

OC_MurphysLaw4651d ago

Typical Lawyer move... name all remotely associated when you file the lawsuit. Its a scare tactic and also a deep pockets concept. More than likely all the publishers will get excused from the lawsuit.

rabidpancakeburglar4651d ago

Why am I getting disagrees? It's a valid point. Kinect has sold millions and if this lawsuit goes in favour of that company then Microsoft will have to pay a lot of money.

kneon4651d ago (Edited 4651d ago )

Read the patents and you will see why. Kinect on it's own doesn't violate some of the patents. It's the way Kinect is used in some sports related games that violates the patents.

So it's the combination of the game developer+Kinect that violates the patents and therefore both get sued.

No more bubbles so @jacksheen0000 below. It's unlikely this company wants to stop them selling Kinect, they most likely want a royalty, in which case they want Microsoft to sell as many as possible

jacksheen00004651d ago

If Microsoft end up loosing the rights to make any further kinects devices in the new future... I won't be affected by it.And of course, I wouldn't ever see it as major lost in gaming industry... so either way if fine with me.

4651d ago
Show all comments (99)
20°

Joy Ride Turbo - The Beginning of the End for Xbox Kinect

Joy Ride Turbo launched 10 years ago today. The first title was Xbox Kinect exclusive, yet this sequel failed to support the device at all.

300°

10 of the Biggest Video Game Hardware Failures Ever

Cultured Vultures: "Sadly, not all hardware is created equal, and no matter how much developers might try, some gaming hardware just fails to hit the mark. We’ve compiled a list of 10 gaming hardware fails, and boy did some fail hard."

Read Full Story >>
culturedvultures.com
Knightofelemia815d ago

I would label the Power Glove, Kinect, and that Tony Hawk skateboard more as hardware addons hardware failure would be like the Virtual Boy and one day Stadia.

Magog814d ago

Kinect was bundled with every Xbox One and inflated the price on an already underpowered and low RAM machine so for the One it wasn't an accessory as much as a white elephant.

CaptainHenry916814d ago (Edited 814d ago )

Definitely the RROD but that power glove had a lot of issues as well. The Kinect just didn't work

814d ago
CrimsonWing69814d ago

Hardware add-ons are more like RAM or a video card, basically components that enhance capabilities or performance of the computer.

If you really want to get technical the Kinect is more of a peripheral device, kind of like a keyboard or mouse to a computer.

ThatsGaming814d ago

The person in this article obviously is not up on their gaming history....

Sega Saturn, Sega Dreamcast, Coleco Gemini, Commodore 128, Commodore Amiga, Atari 5200, Atari 7800 were all massive failures and in most cases cost their companies participating in future gaming generations.

Gamer79814d ago

Sega saturn (successful in Japan) and dreamcast were not failures.
Seems like you're not up on you're gaming history

septemberindecember814d ago

@Gamer79

How in the world are the Sega Saturn and Dreamcast not seen as failures? They both sold around 8M each, which is much lower than the ~30M that the Genesis had sold before it, and even the Master System before that. They were both the worst selling consoles in their respective generation (PS1, N64 outsold Saturn, PS2, GC, and Xbox outsold Dreamcast). Both of the consoles were incredibly short lived. The Saturn was discontinued in every territory but Japan after just three years. In Japan the console was discontinued after six years. Meanwhile the Dreamcast was discontinued worldwide in 2001 after launching in most territories in 1999 and in Japan in 1998. The failure of the Saturn and Dreamcast lead to Sega pulling out of the hardware market. Which, by the way, all of this occurred when Sega was massively dropping the price of their consoles quickly to compete. Sega was hemorrhaging money at this point.

None of this indicates a successful console. Saying the Saturn was a success because it did better in Japan is like saying the Vita is a success (they both sold around the same amount of units in Japan). Even the Wii U outsold these consoles worldwide.

Magog814d ago

The picture should be the 360 RROD. When I think of gaming hardware failures that's what springs to mind. Kinect and it's bundled price tag definitely hobbled the already underpowered Xbox One though for sure so I would give it a close second place.

porkChop814d ago (Edited 814d ago )

That's not what the author means by failures. It's about hardware that failed in terms of sales (Wii U) or just failed to deliver on its promise (Kinect).

Magog814d ago (Edited 814d ago )

Given that the 360 had a year head start, much easier hardware to develop for, was cheaper, and still ended up in third place I think it qualifies especially when you factor in the frustration and huge losses incurred by RROD.

porkChop814d ago

Selling over 80 million consoles isn't a sales flop. We get it, you don't like Xbox, but that doesn't mean the 360 is suddenly a failure.

Rhythmattic814d ago

Porky....
You know how many people I know bought a 2nd or third 360 due to RROD? Even when MS had to confront the issue with replacement systems, my mates couldn't wait for even the turnaround of sending it in, and waiting for a replacement.,,..,..
If that's how you consider it a win... OK.. but so is having 5 , of which 3 don't function.... Its a win win....mwhahahahaha

porkChop813d ago

"my mates couldn't wait for even the turnaround of sending it in"

You're acting like it would take months. When I sent my 360 in I got a new one literally 5 days later. As soon as MS had tracking confirmation that you sent yours, they'd send a new one to you the same day. No one is going to spend hundreds to buy a new console instead of waiting a week. I swear you guys pull some of the dumbest shit out of nowhere and think people will actually believe it.

Regardless, none of this changes the fact that this isn't what the article is even about.

Rhythmattic813d ago (Edited 813d ago )

Porky
"You're acting like it would take months"
Sometimes it could.. FFS.. 'Strya here...
Best turnaround I reckon was 2-3 weeks.....
Either way, My mates experiences still exist.. So Sorry, no point trying to earn Xbox Achievements when it doesn't feature in what was a situation you never dealt with,,,,
3 of my friends would disagree (overall, 10 extra Xboxes purchased)
Regardless.. MS sold a lot of 360's that was due to this reason.. That is sales. Fact

"none of this changes the fact that this isn't what the article is even about."
Headline says HELLO !
Oh and "Sadly, not all hardware is created equal," that's enough to pass this on without taking your article bias into consideration.....
As for the rest.... Ok.. But you've actually gone out of your way to give MS a Pass... Fap on.

+ Show (2) more repliesLast reply 813d ago
Aloymetal814d ago (Edited 814d ago )

Yup, and because of that big fiasco MS had to fork out 1 billion but knowing them I think they're very proud of the 360, it's the only time a MS console reached 80mil+ sales, RROD played a big part of that and a record they will never break again.

Rhythmattic814d ago (Edited 814d ago )

So true.. Even when MS accepted they where caught out in the biggest lie of any generation, The wait for a replacement was outweighed by just buying another, and having one be returned as a backup, which, btw, generally failed on first swap.
I own honestly can't believe MS tards are just supporting , or arguing why and what MS did by just dismissing it....

lonewolf10814d ago

Lol I had the Atari Jaguar, surprised its "competition" the 3DO isn't on the list too, both as "popular" as each other.

SullysCigar814d ago

Lol same. Played the crap out of Aliens Vs Predator and Tempest 2000 .... aaand that's about it really!!

lonewolf10814d ago

Sad but true that was pretty much it.

Kurt Russell814d ago

Agreed, I never actually saw a 3DO make it to retailers in the UK. At least the Atari Jaguar was sold for around 6 months.

lonewolf10814d ago

It made it to some my brother got one, fared just as well as the Jaguar so most probably hard to find in general.

darthv72814d ago

3do had way better games. Jaguar not so much. Neo Geo sold less than both and yet isnt considered a failure. Go figure.

LWOGaming814d ago

Stadia is a weird one. It hasn’t sold at all well but in terms of how it works it’s still miles ahead of Xcloud in terms of stability and performance. Xcloud is still a way behind and that needs sorting but it will be in time. Stadia for me is one of those things that will go down as a what could have been moments. With better marketing it could have been a roaring success. I still play it and it remains the best place in my opinion to play CyberPunk 2077. Only platform I have played it on without having any issues at all. The tech is great. The concept is fine. Marketing terrible. Shame really.

Magog814d ago

The sales model was awful. They should have teamed with an existing player to allow for local and cloud access to games or a gaming subscription service.

LWOGaming814d ago

It was a strange mess from such a huge company, as I said, as a system it works really well but without gamers it’s nothing. Such a waste,

LWOGaming814d ago

The Xbox One was Microsoft’s Nintendo Wii U. Undercooked, undersold and just an unholy mess. The thing is with any of these failures is to learn from them and thankfully both Nintendo and Xbox did just that to the benefit of gamers everywhere.

Show all comments (39)
120°

Pivotal Decisions in Gaming History - Xbox Goes All-In on Kinect

Xbox 360's Kinect had flopped yet Microsoft insisted on mandatory Kinect for Xbox One, driving the price up and alienating their potential customers.

Read Full Story >>
techstomper.com
darthv72991d ago

the tech was pretty damn good but their focus on making it the centerpiece was not. Had they opted to keep it as a secondary or even tertiary device, it may have found new use for AR/VR.

PrimeVinister991d ago

Maybe. But they were two early for VR and too late for motion control

991d ago Replies(2)
Godmars290991d ago

Their focus was marketing metrics. Information gathering for targeted advertising. Also "event curating" or head counting for special TV events. If MS had had their way with always online and mandatory Kinect pre COVID, as and during it they'd likely be turning into dominant presence in many Western homes. Be getting subsidized by Disney and other streamers as well as the NFL.

Thing was, Kinect as an actual game system, its games, just weren't ready. MS moved on it too soon. Thankfully.

Atticus_finch991d ago

Sorry but it was incredibly bad for gaming. The thing barely worked as intended and the games were broken shovelware. And let's not forget all the lies from Xbox to try and sell it. What happened to Milo?
It's like Xbox it's a perpetual lying machine.

PrimeVinister991d ago

I had almost forgotten about Milo. It looks so unbelievable in retrospect. How did anyone believe it?!

+ Show (2) more repliesLast reply 991d ago
TheEnigma313991d ago

Kinect requirement, TV focused, DRM, and $100 buried Xbone before it even stared.

PrimeVinister991d ago (Edited 991d ago )

I think Kinect was the worst of the bunch. They reversed DRM overnight and try to play down the TV stuff when they realised it made them look disinterested in gaming.

Kinect stuck around for six months, preventing sales and making more and more people upset when they dropped the Kinect and the price.

Atticus_finch991d ago

Don't forget the inferior hardware which affects their game development to this day.
And the constant boasting and lying that hasn't change very much to this day.

kayoss991d ago

I was kind of excited for the kinect. It had potential. That was until i tried it at one of their Microsoft store. The thing was so laggy and worker who was there, had no clue what he was doing. It kind of made rethink about buying an Xbox One with Kinect.

PrimeVinister991d ago

I had already been turned off of the idea by Kinect for 360. Even when it worked, the games were bad and showed no potential.

Wii made you understand what they were going to do with it within about 10 seconds of Wii Sports. It went on to become a bit of a joke but at least it worked and had a purpose.

Thundercat77991d ago

The damage to the Xbox brand was so hard that til this day they are just the last place brand in the market.

PrimeVinister991d ago

Totally. They haven't been really all that relevant since.

Godmars290991d ago

That has to do with repeatedly failing, having to reaffirm only to again fail at creating a competent flow of decent games.

@PrimeVinister:
Until Game Pass and BC are mentioned. Only for the point to be missed.

kayoss991d ago

thats because they dont know what they want to be. A gaming console, Television, or a gaming service?

Godmars290991d ago

@kayoss:
They wanted, expected, to be Steam. To have everyone coming to them and paying for the privilege. That's the exact mentality on display when they tried to push always online.

brewin990d ago

Its sad because the Xbox one version of Kinect was actually pretty solid. Not for motion games, I couldnt care less about those, but for the other features that are now commonplace in the gaming ecosystem. Things like voice control and optional motion features in games. Stuff that Sony did with the PS camera was pretty sweet and they could have done some of that stuff with Kinect.

The tech was pretty sweet when implemented right though. Who remembers the implementation in Dead Rising 3?! You could lure zombies away by saying stuff into the kinect, it was a bit hokey at first, but it actually enhanced the game significantly once you learned all the different voice commands. There was and still is nothing else like that!

The focus on TV seemed to be an issue for people, but the TV pass through had some real potential. They could have had cable companies giving the XBone out instead of cable boxes! I understood what they were trying to do, but they needed to show the games too, and thats where they lost the core gamers. Being able to jump right to a sports event or TV show with out leaving the console was actually a pretty cool thing. I spent many nights switching between NHL games or TV shows and jumping right back into my games seamlessly, just by telling Kinect to do so. It was better than people care to admit, but I loved it!

People say XBone had no games, but on launch I got Dead Rising 3, AC Black Flag, Watch Dogs, Killer Instinct, Battlefield 4, Forza 5, and Ryse. That was actually a pretty solid lineup in hindsight! Then later on it got gems like Quantum Break, Dead Rising 4, Sunset Overdrive, Gears 4 and 5, the Ori games, Rare Replay, Forza Horizon 3/4, State of Decay 2, ReCore (SUPER UNDERRATED GEM), Halo 5, Halo Wars 2, and all the great 3rd party stuff as well! I dare anyone who sat on the Xbox One to go back and give it a shot now.

It was actually a pretty great console all things considered. Yes the PS4 had better 1st party stuff, stuff that MS just couldnt top or even compete with, but there are some really great games that a lot of people missed out on that they would probably really enjoy if they actually played them. Thats why I recommend a Series S and Gamepass to a lot of people, as its a great way to get an awesome lineup pf games for super cheap!

Show all comments (22)