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

GoodBytes
2 minutes ago, Master Disaster said:

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 content. 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.

On YOUTUBE, Nintendo is  allowed to do that. If you did it on another video site you could try doing it, and see if Nintendo would still go after you and claim copyright and DMCA. Youtube itself is the problem alongside Nintendo in that regard.

 

Mathias was another one of the Parody youtubers that tried to fight it using the same logic you did, but was shot down by youtube.

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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 .

They're not that different. Both cases have the company saying that the other party is infringing on its IP. Whether or not Nintendo's DMCA requests or Gamevice's lawsuit is legitimate is not up for you to decide. That part is left to the courts and the law. It doesn't matter whether or not their claim is legitimate. They maintain the right to such a claim.

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12 minutes ago, Shimejii said:

On YOUTUBE, Nintendo is  allowed to do that. If you did it on another video site you could try doing it, and see if Nintendo would still go after you and claim copyright and DMCA. Youtube itself is the problem alongside Nintendo in that regard.

 

Mathias was another one of the Parody youtubers that tried to fight it using the same logic you did, but was shot down by youtube.

I'm failing to grasp how I could have been clearer but I'll clarify anyway...

 

Fair use is the law, it is applied to any and all content that falls under it's policies no matter what platform the content is distributed on.

 

YouTube HAS TO follow the fair use doctrine, its THE LAW. No implied contractual agreement can ever supersede the law.

 

The fact YouTube chooses to ignore something doesn't magically mean Nintendo are allowed to break the law. I understand it happens on YouTube but that doesn't make it OK. I'm not saying it doesn't happen, I was the one who brought the topic up so I'm fully aware it does, I'm saying it shouldn't happen whether it be from Nintendo or anybody else.

 

My point being, if Nintendo are OK breaking the law and trying to monetize content they have no right to then I'm OK with a patent troll trying to sue Nintendo. A taste of their own medicine can't do them any harm.

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2 hours ago, Master Disaster said:

I'm failing to grasp how I could have been clearer but I'll clarify anyway...

 

Fair use is the law, it is applied to any and all content that falls under it's policies no matter what platform the content is distributed on.

 

YouTube HAS TO follow the fair use doctrine, its THE LAW. No implied contractual agreement can ever supersede the law.

 

The fact YouTube chooses to ignore something doesn't magically mean Nintendo are allowed to break the law. I understand it happens on YouTube but that doesn't make it OK. I'm not saying it doesn't happen, I was the one who brought the topic up so I'm fully aware it does, I'm saying it shouldn't happen whether it be from Nintendo or anybody else.

 

My point being, if Nintendo are OK breaking the law and trying to monetize content they have no right to then I'm OK with a patent troll trying to sue Nintendo. A taste of their own medicine can't do them any harm.

That's where you're wrong. Youtube only has to take responsibility when a copyright infringement is made. Fair use only protects from legal action against the content creator/distributor by the creator of the original content, but it doesn't protect from a private company from deciding to not host it.

 

YouTube, nor Nintendo, are in the legal wrong here.

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5 hours ago, SCHISCHKA said:

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.

In that case I'll use the hole like older times in non-Western countries. Beside they say that it is better way to poo.

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9 minutes ago, GoodBytes said:

In that case I'll use the hole like older times in non-Western countries. Beside they say that it is better way to poo.

thanks ill add that to my list of shitty patents.

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ψ ︿_____︿_ψ_   

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29 minutes ago, Drak3 said:

That's where you're wrong. Youtube only has to take responsibility when a copyright infringement is made. Fair use only protects from legal action against the content creator/distributor by the creator of the original content, but it doesn't protect from a private company from deciding to not host it.

 

YouTube, nor Nintendo, are in the legal wrong here.

What? Have you actually read the thread before responding because I'm confused where the "deciding not to host it" part of your reply has come from. It makes zero sense in the context of the discussion.

 

YouTube are hosting the content then ignoring the law and allowing Nintendo to strike content they have no right to strike and Nintendo are trying to force creators to pay them for creating content that's protected under fair use.

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It would be funny if nintendo would open their patent suitcase, pull out one of their hundreds of patents, and would then countersue gamevice on a technicality. Knowing nintendo, it wouldn't be beyond them.

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1 hour ago, Drak3 said:

That's where you're wrong. Youtube only has to take responsibility when a copyright infringement is made. Fair use only protects from legal action against the content creator/distributor by the creator of the original content, but it doesn't protect from a private company from deciding to not host it.

 

YouTube, nor Nintendo, are in the legal wrong here.

I have to agree with @Master Disaster on this one.  Just because YT allows Nintendo to get away with it, doesn't mean it's right.  If this were taken to a court of law, both Nintendo and YT would lose, based on the wording of the Fair Use doctrine.  If the major YTers would band together, they could do it as a sort of Class Action suit.

 

If there was a TV channel that played these reviews, and Nintendo tried to claim their ad revenue, this would have been settled long ago by the courts.  There is no difference, except that YT allows Nintendo to get away with it, and no one has challenged it.

 

If YT was doing it properly, there would be a review period when a DMCA request was sent.  Instead, YT arbitrarily pulls and/or demonetizes the video without any review.  That means that anyone - at any time - can send a DMCA request to YT and start taking the ad revenue for a video (yes, that ad revenue goes to the DMCA claimant, even though their claim hasn't been verified), even if they have no actual claim on the content.

 

The whole system is apparently automated, and no humans inspect them.  YT seemingly doesn't care, either.  Several well known YTers have been forced to abandon their channels and create new ones, because they got three (often illegitimate) strikes within a year and their channel was shut down.

 

The truth of the matter is, YT is abusing their position and flaunting the law.  Until someone takes them to court over it, they see no reason to change their practices.

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On a side note, the Wikipad gets fucking rekt by my 2012 Asus Transformer Prime and Infinity. Which were designed to compete with the iPad 2.

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On 8/11/2017 at 4:04 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.

 

On 8/11/2017 at 4:04 PM, Gamerguy207 said:

Screw gamevice 

 

 

hope nintendo wins probably will considering there a multi billion dollor company 

 

#screwgamevice

Because Nintendo isn't a completely egregious company that behaves like a spoiled child concerning its own IP. You know, doing things like DMCA takedowns on reviews and Let's Plays, or claiming that emulation is illegal while using the same work done by emulators on their newly released classic consoles.

 

Nintendo deserves to lose this, on karma alone.

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On 8/11/2017 at 3:10 PM, SansVarnic said:

Breath of the Wild for PC Dammit !

Yes! Or iOS. My iPad Pro could probs pump out better graphics than a Switch. But then no one would have any reason to buy one. Plus, you can just get the Wii U version and emulate it on your PC. Scales up to 4K just fine. 

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All I see is this

 

Gamevice: "Hey we can't sell this product for shit (because its shit)

Nintendo: "Hey look we can do it better than you guys"

Gamevice: "Fuck you guys, lawsuit!!!"

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Update: Gamevice actually sales detachable tablet controller: https://gamevice.com/collections/mobile-console-gaming-android

The web site wasn't working when I typed the article, but their Wikipad product was working. And at the time, I could not find their product when I searched, probably buried with the News post.

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7 minutes ago, sof006 said:

All I see is this

 

Gamevice: "Hey we can't sell this product for shit (because its shit)

Nintendo: "Hey look we can do it better than you guys"

Gamevice: "Fuck you guys, lawsuit!!!"

Here is the thing, I won't mind, and probably expect, if they start suing other companies making these Android phone/tablet detachable controller.

Technically speaking:

  • Their patent is well defined. Unlike most patent troll that basically patent "stuff", and takes to court all big companies.
  • And they do sale a product (even if didn't, they sold the WIkiPad, and they were serious).
  • Patents are valid regardless if your product was a flop, or you just have the idea (not everyone has the money for making one)

It is in their FULL RIGHTS to defend their case.

 

That said:

  1. They are not suing anyone else to protect their patent. Only Nintendo.
  2. The concept is not new
  3. They focus on the bridge support thingy that holds the 2 controllers part, but the Switch has none of that.
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1 minute ago, GoodBytes said:

Here is the thing, I won't mind, and probably expect, if they start suing other companies making these Android phone/tablet detachable controller.

Technically speaking:

  • Their patent is well defined. Unlike most patent troll that basically patent "stuff", and takes to court all big companies.
  • And they do sale a product (even if didn't, they sold the WIkiPad, and they were serious).
  • Patents are valid regardless if your product was a flop, or you just have the idea (not everyone has the money for making one)

It is in their FULL RIGHTS to defend their case.

 

That said:

  1. They are not suing anyone else to protect their patent. Only Nintendo.
  2. The concept is not new
  3. They focus on the bridge support thingy that holds the 2 controllers part, but the Switch has none of that.

Its true, they do. I just feel like they'll fall flat on their ass when they are compared, especially since one runs Android and is primarily a tablet device and the Switch doesn't run Android (as far as im aware) and is primarily a portable console that can be docked to turn into a home console. Plus portable consoles are kind of Nintendos thing, they've been doing it way before the Gameboy.

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13 minutes ago, GoodBytes said:

That said:

  1. They are not suing anyone else to protect their patent. Only Nintendo.
  2. The concept is not new
  3. They focus on the bridge support thingy that holds the 2 controllers part, but the Switch has none of that.

So they're just doing it for publicity? They can't win, since like you said, there is no bridge thing on the Switch, the controllers are separate and clip onto the sides of the Switch itself. 

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2 minutes ago, Zando Bob said:

So they're just doing it for publicity? They can't win, since like you said, there is no bridge thing on the Switch, the controllers are separate and clip onto the sides of the Switch itself. 

Maybe. I mean, most people didn't know about them, now every gamer knows about them. I am sure their site are bombarded with views now.

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Just now, GoodBytes said:

Maybe. I mean, most people didn't know about them, now every gamer knows about them. I am sure their site are bombarded with views now.

Probs. I already know about them though, they make cool controllers for iPhones and iPads. Which the Switch has nothing to do with. Seems like a publicity stunt to me. 

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1 minute ago, Zando Bob said:

Probs. I already know about them though, they make cool controllers for iPhones and iPads. Which the Switch has nothing to do with. Seems like a publicity stunt to me. 

Win or lose, maybe after they'll take to court Microsoft and argue that the XBox One controller has their support bridge idea, just embedded in the controller, forming one piece controller.

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Just now, GoodBytes said:

Win or lose, maybe after they'll take to court Microsoft and argue that the XBox One controller has their support bridge idea, just embedded in the controller, forming one piece controller.

I think they need to realize suing either the Switch or Xbox is a bit of a stretch. Literally, their controllers are stretched, not the Switch or Xbox ones. But Playstation controllers are a bit wider.... :ph34r:

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28 minutes ago, GoodBytes said:

Update: Gamevice actually sales detachable tablet controller: https://gamevice.com/collections/mobile-console-gaming-android

The web site wasn't working when I typed the article, but their Wikipad product was working. And at the time, I could not find their product when I searched, probably buried with the News post.

That does make more sense now, and looking at them side by side, I can see the similarities.  However, there are significant differences, as well (not just the bridge part).  The layout of the buttons/joysticks is visually distinct, even the order of the X,Y,A,B buttons are different between this and the Switch.

 

I think @Zando Bob is right, this sounds like a publicity stunt.  Though if you think about it, the X,Y,A,B configuration is seemingly based off the Nintendo design (as far back as the SNES), so I could see this potentially backfiring on them.

Spoiler


snescontrollerprogress.jpg

GV167-ABXY-min.png?v=1500655811


 

 

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6 minutes ago, Jito463 said:

That does make more sense now, and looking at them side by side, I can see the similarities.  However, there are significant differences, as well (not just the bridge part).  The layout of the buttons/joysticks is visually distinct, even the order of the X,Y,A,B buttons are different between this and the Switch.

 

I think @Zando Bob is right, this sounds like a publicity stunt.  Though if you think about it, the X,Y,A,B configuration is seemingly based off the Nintendo design (as far back as the SNES), so I could see this potentially backfiring on them.

 

Actually, the button arrangement is the same as the XBox controller :)

2d6.jpg

 

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On 8/13/2017 at 4:46 AM, Shimejii said:

On YOUTUBE, Nintendo is  allowed to do that. If you did it on another video site you could try doing it, and see if Nintendo would still go after you and claim copyright and DMCA. Youtube itself is the problem alongside Nintendo in that regard.

 

Mathias was another one of the Parody youtubers that tried to fight it using the same logic you did, but was shot down by youtube.

Nintendo is allowed to do that, but the reality is that their claim is still entirely wrong. If it was taken to court, it would be a win for the youtuber and NOT Nintendo.

 

The issue is that none of them have the money to take a company the size of Nintendo to court.

 

What really needs to happen is a class action against Youtube and Google for their egregiously bad DMCA system. Each claim should have to be reviewed manually and approved before a takedown happens. 

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