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Nintendo taken to court for patent infridging for the Switch detachable controller

GoodBytes
10 hours ago, Kamina said:

Someone is uber jelly that their shitty product didn't make the headlines.

The WikiPad didn't sell well but the enthusiast community was aware of it's existence.

 

I remember back in 2013 or 2014 that a friend of mine (who was an enthusiast) pointed it out to me.

 

It didn't sell too well but it didn't sell badly. It was kinda ok from my understanding.

Judge a product on its own merits AND the company that made it.

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16 hours ago, RagnarokDel said:

why would slide & lock on anything be patentable? It's self evident as shit.

'Cuz some guy a quarter million years ago didn't patent it. 

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19 hours ago, GoodBytes said:

 

 - Nvidia Tegra 3

 

Reason #1 why their product failed. 

 

Tegra 3 was a POS. 

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the best thing to do is simple. Nintendo doesnt pay for damages but stop selling and pull out the country which this takes place in. Say on website not available in this country because of Gamevice, to direct all complaints to them. Basically get the public to start taking action.

 

Patents like these cause a lot of problem. Only by a company stepping down temporarily and riling people up will it stop such future patent issues. It'd be a lot cheaper for nintendo too because public approval is important too. By nintendo not spending the money in legal to cover itself in court and to not pay damages to gamevice they can wait out for the public to convince the court to overturn it's ruling. 

 

The only patent that matters is to protect. The whole concept of detachable controllers cannot be patented (according to patent law), but the method of detachable controllers can. Hence gamevice has nothing over nintendo regarding this. You cant patent detachable controllers, only the way you make them detachable. I suspect that they just want to get more recognition and market share by trying to reduce nintendo's. For this despicable act, we should boycott Gamevice.

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1 hour ago, System Error Message said:

the best thing to do is simple. Nintendo doesnt pay for damages but stop selling and pull out the country which this takes place in. Say on website not available in this country because of Gamevice, to direct all complaints to them. Basically get the public to start taking action.

 

Patents like these cause a lot of problem. Only by a company stepping down temporarily and riling people up will it stop such future patent issues. It'd be a lot cheaper for nintendo too because public approval is important too. By nintendo not spending the money in legal to cover itself in court and to not pay damages to gamevice they can wait out for the public to convince the court to overturn it's ruling. 

 

The only patent that matters is to protect. The whole concept of detachable controllers cannot be patented (according to patent law), but the method of detachable controllers can. Hence gamevice has nothing over nintendo regarding this. You cant patent detachable controllers, only the way you make them detachable. I suspect that they just want to get more recognition and market share by trying to reduce nintendo's. For this despicable act, we should boycott Gamevice.

Trust me, Nintendo will go to extremes. They have rarely lost.

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1 hour ago, System Error Message said:

the best thing to do is simple. Nintendo doesnt pay for damages but stop selling and pull out the country which this takes place in. Say on website not available in this country because of Gamevice, to direct all complaints to them. Basically get the public to start taking action.

 

Patents like these cause a lot of problem. Only by a company stepping down temporarily and riling people up will it stop such future patent issues. It'd be a lot cheaper for nintendo too because public approval is important too. By nintendo not spending the money in legal to cover itself in court and to not pay damages to gamevice they can wait out for the public to convince the court to overturn it's ruling. 

 

The only patent that matters is to protect. The whole concept of detachable controllers cannot be patented (according to patent law), but the method of detachable controllers can. Hence gamevice has nothing over nintendo regarding this. You cant patent detachable controllers, only the way you make them detachable. I suspect that they just want to get more recognition and market share by trying to reduce nintendo's. For this despicable act, we should boycott Gamevice.

Considering Nintendo's prowess in court, lost days of sales would be more expensive than giving the patent troll a good, swift kick in front of the judge.

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4 hours ago, thatguyjerry said:

one thing to ask for damages like compensation, but to ask for them to completely halt sales is ludicrous and will bury them in the trial. Nintendo will prolong it long enough to bankrupt them or counter sue, silly gamevice haha lawsuits are for corporations.

You reminded me of something I heard once but that I had discounted thinking I must have misremembered - when someone files a patent claim against you, you have to stop selling the product until it's resolved, at which point the next step is obviously determined by the court decision.

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And it took them this long to decide that it's too similar?

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Jesus Christ. This is horseshit, plan and simple. 

 

The last thing we need is for people to stop being inventive because of patent trolling. Don't enforce/support this crap. 

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Who the hell even is Gamevice? If your company is so small and unknown that nobody knows who you are, all your "patent infringement" accusations need to be laughed out of court.

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1 hour ago, Weird Face said:

Who the hell even is Gamevice? If your company is so small and unknown that nobody knows who you are, all your "patent infringement" accusations need to be laughed out of court.

I wouldn't go that far.  Just because a company is small, doesn't mean that their patents shouldn't be respected.  The issue seems to be that their patent claim apparently has no bearing on the Switch design.

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i use a game vice on my iphone paired with moonlight to play overwatch in bed all the time . im kinda 50/50 on this both companies have alot of money considing the gamevice controllers ar £50-£100 depending on what device you buy it for since its a MFI approved controller

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Goodbytes, the controllers in question are an iPhone/iPad accessory that is still sold in Apple stores. They connect to either side of the phone, not anything unique.

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I can't be the only person who finds this to be just a little bit funny.

 

I mean, given how Nintendo flaunts and sometimes straight up breaks the law in regards to content ownership on YouTube and Twitch (requiring creators to pay them to use Nintendo content IS a breach of fair use when it comes to review and journalism) I can't be the only person thinking that maybe Nintendo deserve to be unfairly attacked by somebody over something they didn't actually do.

 

I seriously doubt it will but maybe this might make Nintendo stop acting like arseholes when it comes to videos containing Nintendo IPs.

 

Either way I look forward to tomorrow's Jimquisition and hearing Jim laugh his holy balls off at this lawsuit.

 

Screw Nintendo and their attitude towards their fans.

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On 8/11/2017 at 1:04 PM, Shimejii said:

Patent Trolls such as this should be thrown in prison for fraud. Should be unable to sell another product nor allowed to sue again. Getting tired of these  shitty companies being allowed to do this.

What? They should be thrown into prison for attempting to protect their IP? Tired of companies filing a formal lawsuit and going through the legal process?

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stories like this make me want to patent a ceramic seat-like device to transfer poo to a municipal sewage treatment plant.

Everyone needs a new toilet at some point in their lives. I will patent all shapes and sizes.

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1 hour ago, CyberneticTitan said:

What? They should be thrown into prison for attempting to protect their IP? Tired of companies filing a formal lawsuit and going through the legal process?

Yes, because they are not protecting their stuff, they are trying to make money off a similar but different product. They are trying to steal money from Nintendo at this point, and its sad that its even going to court because they are just money grubbers.

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15 minutes ago, Shimejii said:

Yes, because they are not protecting their stuff, they are trying to make money off a similar but different product. They are trying to steal money from Nintendo at this point, and its sad that its even going to court because they are just money grubbers.

You mean like how Nintendo have a programme that forces original video creators to pay them 15% of all revenue their content makes regardless of the context?

 

Jim Sterling getting DMCA'd for making a positive journalistic video about Nintendo and Angry Joe having his BOTW review DMCA'd 3 times plus the countless other smaller creators who've had videos hit illegally is totally fine because its Nintendo but another company goes after Nintendo and everyone jumps to Nintendo's defense?

 

Nintendo have no grasp on how the law works in the west nor do they care, you pay them their slice for your work or you suffer the consequences. I hope they lose and are forced to pay out a huge amount of money, maybe then they might finally understand how that feels.

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1 minute ago, Master Disaster said:

You mean like how Nintendo have a programme that forces original video creators to pay them 15% of all revenue their content makes regardless of the context?

 

Jim Sterling getting DMCA'd for making a positive journalistic video about Nintendo and Angry Joe having his BOTW review DMCA'd 3 times plys the countless other smaller creators who've had videos hit illegally is totally fine because its Nintendo but another company goes after Nintendo and everyone jumps to Nintendo's defense?

 

Nintendo have no grasp on how the law works in the west nor do they care, you pay them their slice for your work or you suffer the consequences. I hope they lose and are forced to pay out a huge amount of money, maybe then they might finally understand how that feels.

Its not illegal to what they are doing. Other companies and businesses that make games simply allow the users to make money off their games because it creates more advertising for the game, that some may not be able to have otherwise. Nintendo decided it would be best to protect who and how their games are viewed on youtube, may it be overbearing ?sure it is, and it can be annoying. But do not mistake it for being illegal, you need to educate yourself on what they are allowed and not allowed to do.

 

Nintendo's right to protect its copyright is enshrined both in law and in Youtube's copyright guidelines, which state that just because you purchase something, it doesn't mean that you have the right to upload it.

 

 

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3 minutes ago, Shimejii said:

Its not illegal to what they are doing. Other companies and businesses that make games simply allow the users to make money off their games because it creates more advertising for the game, that some may not be able to have otherwise. Nintendo decided it would be best to protect who and how their games are viewed on youtube, may it be overbearing ?sure it is, and it can be annoying. But do not mistake it for being illegal, you need to educate yourself on what they are allowed and not allowed to do.

 

Nintendo's right to protect its copyright is enshrined both in law and in Youtube's copyright guidelines, which state that just because you purchase something, it doesn't mean that you have the right to upload it.

 

 

Dude, journalism and review are both protected by law under fair use, it is illegal to do what they do.

 

Let's plays and gameplay videos, fine but they regularly go after journalistic and review type content too. The 2 cases I pointed out are the highest profile ones but they go after ANYTHING that has Nintendo content in it regardless of context.

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29 minutes ago, Shimejii said:

Yes, because they are not protecting their stuff, they are trying to make money off a similar but different product. They are trying to steal money from Nintendo at this point, and its sad that its even going to court because they are just money grubbers.

So by your logic all capitalists should be thrown into jail for producing goods solely for money, not its value.

 

You also say that as if Nintendo and by extension, other companies, are not money grabbers.

10 minutes ago, Shimejii said:

Its not illegal to what they are doing. Other companies and businesses that make games simply allow the users to make money off their games because it creates more advertising for the game, that some may not be able to have otherwise. Nintendo decided it would be best to protect who and how their games are viewed on youtube, may it be overbearing ?sure it is, and it can be annoying. But do not mistake it for being illegal, you need to educate yourself on what they are allowed and not allowed to do.

Contradictory views. On one hand, you recognize Nintendo's right to protect their own content while you reject Gamevice's right to protect its own patents. I apply the same argument to you. Is Gamevice overbearing? Sure, and it can be annoying. But do not mistake it for being illegal, you need to educate yourself on what they are allowed and not allowed to do.

 

Whether or not I or the law think Gamevice will succeed in the lawsuit is an entirely different matter.

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1 minute ago, Master Disaster said:

Dude, journalism and review are both protected by law under fair use, it is illegal to do what they do.

 

Let's plays and gameplay videos, fine but they regularly go after journalistic and review type content too. The 2 cases I pointed out are the highest profile ones but they go after ANYTHING that has Nintendo content in it regardless of context.

If its posted to youtube, they are allowed to do it if they post footage of the game. Is it shitty to do so? yes. They are still allowed to do it. There is nothing here to argue, they agreed to it with the Youtube Copyright agreement and such. Just ask Venitianprincess or many other youtubers making Parody music videos, they get hit with copyright and such for almost every video, its why you simply dont see as many anymore. CaptainSparkles had his Minecraft ones hit, that made some pretty big news as well. 

 

Its not the same as The fine brothers trying to claim a genre of "React" based content which would be illegal because its not something they created, but they tried to own it.

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7 minutes ago, Shimejii said:

If its posted to youtube, they are allowed to do it if they post footage of the game. Is it shitty to do so? yes. They are still allowed to do it. There is nothing here to argue, they agreed to it with the Youtube Copyright agreement and such. Just ask Venitianprincess or many other youtubers making Parody music videos, they get hit with copyright and such for almost every video, its why you simply dont see as many anymore. CaptainSparkles had his Minecraft ones hit, that made some pretty big news as well. 

 

Its not the same as The fine brothers trying to claim a genre of "React" based content which would be illegal because its not something they created, but they tried to own it.

No they're not...

 

http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

 

The fair use doctrine applies to any content no matter where its posted and allows for the use of copyrighted material as long as the content is educational, journalistic, a review or parody and the copyrighted content is used within the context of the video (so for example using Pokemon content in a video about Pokemon is fine but using Mario in a Pokemon video is not).This is WITHOUT EXCEPTION.

 

Nintendo have no rights to ask journalists or reviewers to pay to use Nintendo content nor do they have the right to DMCA such content and yet they do, regularly.

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2 minutes ago, CyberneticTitan said:

So by your logic all capitalists should be thrown into jail for producing goods solely for money, not its value.

 

You also say that as if Nintendo and by extension, other companies, are not money grabbers.

Contradictory views. On one hand, you recognize Nintendo's right to protect their own content while you reject Gamevice's right to protect its own patents. I apply the same argument to you. Is Gamevice overbearing? Sure, and it can be annoying. But do not mistake it for being illegal, you need to educate yourself on what they are allowed and not allowed to do.

 

Whether or not I or the law think Gamevice will succeed in the lawsuit is an entirely different matter.

Its two different instances of protecting its content. One is ACTUALLY Their games being used to generate views and such, whereas another company is claiming that Nintendo stole and used their game console and design to make the switch, even though the two products are clearly different.

 

I do not like people who try to Patent troll. Its been an issue for years in the courts. If the product is actually different and the other company is found to just be patent trolling, it should be fined massive amounts of their total income for wasting the courts time and peoples. 

 

Yes all companies are money grabbers, they want as much as they can get from their games, but i do not support a company whos simply trying to get in on money because they have a similar but different looking console .

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4 minutes ago, Shimejii said:

Its two different instances of protecting its content. One is ACTUALLY Their games being used to generate views and such, whereas another company is claiming that Nintendo stole and used their game console and design to make the switch, even though the two products are clearly different.

 

I do not like people who try to Patent troll. Its been an issue for years in the courts. If the product is actually different and the other company is found to just be patent trolling, it should be fined massive amounts of their total income for wasting the courts time and peoples. 

 

Yes all companies are money grabbers, they want as much as they can get from their games, but i do not support a company whos simply trying to get in on money because they have a similar but different looking console .

And yet here you are defending Nintendo for copyright and DMCA trolling?

 

One of the richest companies in existence asking small fry journalists and reviewers to pay them 15% of all revenue is OK too is it?

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