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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."

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ksense1834d ago (Edited 1834d 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

Paradicia1834d ago

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

otherZinc1834d 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.

kneon1834d ago (Edited 1834d 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.

gamingdroid1834d ago (Edited 1834d 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.

Persistantthug1834d 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.

gamingdroid1834d ago (Edited 1834d 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 [email protected] lawyers are ruining our country!

kreate1834d 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.

hikayu1834d 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-Villian1833d ago

MS should just buy it and close it.

zag1833d 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.

fr0sty1833d 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.

gaffyh1833d 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.

EVILDEAD3601833d 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 1833d ago
LOGICWINS1834d 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.

Apophis1834d ago SpamShow
insomnium21834d 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.

kingdoms1834d ago (Edited 1834d 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*

WhiteLightning1834d 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.

kneon1834d ago

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

The Iron Sheik1834d ago

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

kikizoo1834d 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-1834d ago

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

TheBatman_Fanatic1834d 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.

insomnium21834d ago (Edited 1834d 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.

NastyLeftHook001833d ago SpamShow
+ Show (5) more repliesLast reply 1833d ago
Heartnet1834d ago

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

cannon88001834d ago

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

the_best_player1834d ago

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

M-A-R-S-H-A-L-L1833d ago

Personally, I hope the little guys win. :)

likedamaster1833d 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 1833d ago
rabidpancakeburglar1834d ago (Edited 1834d 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.

Dlacy13g1834d 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.

rabidpancakeburglar1834d 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.

kneon1834d ago (Edited 1834d 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

jacksheen00001834d 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.

Batista20201834d ago SpamShow