Archive for May, 2008

Source:Campus Party rulesComeça nesta segunda-feira o maior e mais importante evento de entretenimento eletrônico do país, o Campus Party. O encontro, que reúne 3000 inscritos na Bienal, ali no Parque do Ibirapuera, em São Pa [leia mais]

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Source:Age of Conan - Hyborian Adventures: A Review of the first 24 hoursAs a seasoned veteran of the MMoRPG market, I must admit that I have been looking forward to AoC for quite some time now. Having long laid down the land of Azeroth for greener pastures, I yearned for something to fill the void in what has become a stagnant pool of pretenders to WoW’s throne.
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Source:Case: In re Bilski - Federal Circuit oral argumentThe status quo is that video game play methods are patentable subject matter, provided the game play methodology is new, useful, and nonobvious. Never before has there been a case with the potential to limit video game patents as with the In re Bilski appeal. Today the Federal Circuit heard oral arguments in this case, en banc (i.e., the entire court), including arguments from two amicus parties, which is almost unheard of. A summary of today’s arguments is provided below, as prepared by Bradley C. Wright of Banner & Witcoff. The views expressed in this posting are the views of Mr. Wright, and not necessarily the views of Banner & Witcoff:

FEDERAL CIRCUIT MAY CLAMP DOWN ON PROCESS PATENTS

by Bradley C. Wright

Banner & Witcoff, Ltd.

On May 8, 2008, the U.S. Court of Appeals for the Federal Circuit held a rare en banc hearing to determine what constitutes a patentable process under the patent laws. The appeal was from the U.S. Patent and Trademark Office (PTO), which had rejected Bilski’s patent application for a method for managing consumption risk costs of a commodity. The claimed process included three steps involving various transactions between a commodity provider and market participants in a way that balanced risk. The PTO rejected the patent application on the basis that it was not a “process” as that term is defined in the patent statute and earlier court decisions. According to the PTO, in order to be patentable, a process must either be tied to a particular machine, or it must transform a tangible article to a different state. Because Bilski’s claimed invention did neither, it did not meet the definition of a “process.”

Bilski’s attorney argued to the court that a process should be patentable if it produces a “practical result,” regardless whether it is tied to a machine or transforms something tangible. According to Bilski’s attorney, the various transactions recited in the claim were very specific and involved real-world activities. Several of the judges appeared to have difficulty agreeing with Bilski’s proposed “real-world” test for patentability. Bilski also argued that the more specific a patent claim is, the less likely it is to constitute an abstract idea, which the Supreme Court has stated is unpatentable. Several of the judges also appeared to question whether the “useful, concrete and tangible” test seemingly created in its earlier State Street Bank case provided a workable standard to judge patentability, but Bilski’s attorney endorsed the continuation of that standard.

Professor Duffy argued on behalf of the Regulatory Data Corp., one of many amicus parties in the case, that the PTO has taken too narrow a view of what is a patentable process, and urged the Federal Circuit not to draw any bright-line rules. Instead, Duffy proposed that the court look at various factors to determine whether a process was patentable. He argued that the breadth of the claim should be one factor to consider, and seemed to agree that the degree to which the claim was connected to “real-world” activities could be another factor, but the judges seemed to have difficulty eliciting a clear list of factors that should be considered or which might be more important than others. He also criticized the requirement that there must be something tangible and physical in order to constitute a patentable process. Some of the judges appeared to have difficulty accepting the lack of any concrete standard under this “factor-based” test.

The PTO argued that the U.S. Supreme Court decision in Diamond v. Diehr made it clear that in order to be patentable, a process must either be tied to a machine or must transform physical subject matter. The judges explored whether throwing a baseball “transformed” the baseball in a patentable way, which the PTO answered in the negative. One of the judges asked whether a method of performing chiropractic might constitute a patentable “transformation,” but the PTO did not take a position one way or another on that question. Some of the judges expressed concern that adopting a rigid rule might eliminate patents on software, but the PTO responded that most software implemented on computers would still be patentable because they transformed the computer and the software was tied to a machine. Chief Judge Michel pointed out that the Supreme Court had previously ruled that not every process tied to a machine would be patentable if there was insignificant “post-solution activity.”

Bill Lee argued on behalf of the financial services industry (another amicus) that the court should adopt a factor-based test based on three principles: First, abstract ideas and mental processes should not be patentable. Second, a process involving a physical transformation of matter would normally be patentable, but he rejected the idea that throwing a baseball “transforms” the ball in any way. Third, a process that is tied to a physical machine in a non-conventional way might be patentable, but not if it was tied in a conventional way. Several of the judges questioned whether “non-conventional” should be an added requirement for a process, given that every process must already be novel and nonobvious in order to qualify for a patent.

Finally, Bilski’s attorney in rebuttal argued that the information recited in Bilski’s patent application constituted something that was “physical” and he reiterated his point that there was real-world interaction recited in the claim, which was all that was needed to satisfy State Street Bank’s “useful, concrete and tangible” test.

Although it is difficult to predict what the court might say in ruling on Bilski’s patent application, it seems likely that the PTO’s decision will be upheld and Bilski’s claim to a method of managing risk will not be deemed to be patentable. Two of the judges appeared to take a broad view of patentable subject matter, leaving patentability to be determined under the remaining the standards of novelty, nonobviousness, and definiteness. Several judges appeared concerned about eliminating broad categories of invention such as computer software or financial industries. Some of the judges seemed concerned about allowing process patents only where the process was tied to a particular machine or transformed subject matter in some way. But a majority of the judges appeared to have difficulty accepting that Bilski’s claim was something that the patent laws were intended to cover.

In this author’s opinion, the most likely outcome is that the Federal Circuit will create two safe harbors for process patent patentability, and leave open the door to future technological developments that might fall within additional safe harbors. The two safe harbors would be that a process involving steps tied to another category of invention (e.g., a machine or a composition of matter) could be patentable, and a process that transforms something tangible could be patentable. Mere manipulation of numbers, without more, would not be patentable. Bilski’s claim, which seems to recite intangible principles of arranging a financial transaction in a certain way, would fail the test. Similarly, patents involving methods of playing sports or other activities lacking machinery or other tangible things might not survive the court’s decision. But the court is likely to tread carefully so that it does not wipe out patents in whole industry areas, such as banking and computer software. And the court will likely refine its earlier State Street Bank decision to clarify that “useful, concrete and tangible result” is not enough for patentability.

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Source:Penny Arcade looks at PS3 Bioshock “hate”

We’ve all heard of Bioshock coming to the PlayStation 3 for the longest time. I’ve raised this issue at least a couple of occasions. When Penny Arcade brought up the notion that a number of staunch PS3 fans “hate” (or as the comic suggests, “feel a blend of semi-grudging acceptance and cautious enthusiasm”) the 2K-developed FPS, I was very surprised.

It wasn’t clear if the hate stemmed from being able to play Bioshock in the PC or Xbox 360 and not liking it because you fight the same types of enemies repeatedly, or if the feeling is just the after effects of sour grapes.

Since we’re talking about console-specific fanboys, I’m more inclined to believe that it’s sour grapes.

Does the PS3 version of Bioshock deserve this kind of reaction? Of course not. I may have a few complaints about the core game, but since I haven’t finished it yet (thanks to the headaches it gives me), I’m refraining from making any final judgments.

Speaking of Bioshock, maybe it’s time I install the game again on my PC. On the other hand, maybe not—at least until I finish Gears of War, which I moved to my backlog list since my PS3 and Liberty City demanded for more attention.

Tags: Bioshock, penny_arcade, ps3, ps3_games

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Source:Wii Fit Energy Pak From Nyko, Give Your Balance Board A Recharge

Constantly changing batteries for your Wii Fit balance board can be a really fuss. That’s why Nyko is offering this rechargeable Energy Pak for the Wii Fit balance board. The Energy Pak fits directly into the battery compartment of the board and can drive the board for up to 30 hours. LED indicator will signal you if you need a recharge from any AC outlet. $19.99, out on 19th May.

Image: Nyko | Wiilink

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Source:Sublime joins Guitar Hero: World Tour, Activision confirms previous acts, details

Filed under: Sony PlayStation 2, Sony PlayStation 3, Nintendo Wii, Microsoft Xbox 360, Rhythm

Activision made Guitar Hero: Rock Band Edition World Tour official today, confirming the details leaked from the current issue of Game Informer. World Tour will feature an all-master track cast, filled with previously named acts like Van Halen, Linkin Park, and The Eagles, plus today’s confirmation of Sublime and “many more.” The announcement also highlights the “Music Studio” mode (create-a-song), which allows players to “compose, record, edit and share music,” and the 8-player “Battle of the Bands” mode.

World Tour will also feature so-called “new state of the art wireless instruments” (as sorta seen yesterday), meaning mom won’t trip over the coil of wires when she walks in front of the TV and totally destroys the rock mojo; and the still curious, but ambitious sounding promise to add “significantly more localized downloadable music than ever before on all of the next-generation consoles.” Yep, that includes the Wii version (developed by Vicarious Visions). Activision confirms that World Tour will be the “first game ever in the Guitar Hero franchise to allow in-game downloadable content on Wii” — just make sure your SD card is inserted.

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Source:Awwww baby!

A big congratulations goes out to an awesome kind of guy for having a baby! That’s right, Tim Schafer from Double Fine announced that he had a baby girl! Well, I’m guessing Tim himself DIDN’T have the baby, but more like a wife or something.

Men generally don’t have babies. I mean, I’m sure it’s POSSIBLE, but it probably would be a touch on the painful side. Not that it’s not painful for women. I mean, it IS painful for women, but women having babies is way more natural than men having babies.

I think you know where I’m going with this.

Anyways… Congratulation Tim! Raise her to be a lover of adventure games! Maybe she’ll make the next greatest game known to the adventure world!

[Image courtesy of Double Fine.]

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Source:Nintendo Wii: A Hit in Korea

Nintendo finally released its hit console in Korea last month and it looks like the company continues to hit the jackpot in terms of sales. Nintendo shipped 50,000 units to Korea for the April 26th release and already 35,000 units have sold.

The console launched alongside games like Wii Play, Wii Sports, Zak & Wiki: Quest for Barbaros’ Treasure, Super Swing Golf Pangya! 2 and FIFA Soccer 08. Of these, their biggest seller was Wii Sports, which has been sold over 30,000 copies. Following Wii Sports in popularity is Zak & Wiki (Capcom) and Pangya! 2 (Ntreev Soft), with aproximately 8,000 copies sold each.

Via | C3

Image courtesy of Nintendo.

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Source:Super NES Wii Controller, Super Famicom Retro Relive

The Super Famicom (Super NES) Wii Classic Controller is perfect for playing retro VC SNES games such as Street Fighter and Super Mario. A not-for-sale item from Club Nintendo, this Wii accessory can be found for sale on eBay.

Will you grab one?

Wiilink

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Source:Nodame Cantabile: Dream Orchestra, Kawaii Mongoose, Classical Music, Crazy Mini Games

Sometimes is just hard to find certain Wii games in my country, Singapore. Most of the hard to find Wii games are usually those Japanese Wii games that seldom debut in other countries. One such game is Nodame Cantabile: Dream Orchestra for the Wii. In short, Nodame Cantabile is about classical music. Highly popular in Japan and Asia in 2007, you can find Nodame Cantabile in anime, manga, drama and video games. I particularly like the main female character, Noda Megumi (Nodame).

Nodame - Played by Juri Ueno

Ok, back to the game. The game allows you to make use of your Wiimote and Nunchuck to “play” different musical instruments such as the piano, violin, drums, oboe, cello, clarinet, flute and of course, have fun being a conductor. Get on the beat and your music meter will go up. Sort of hitting a button in Guitar Hero III but this time, you shake your Wiimote (and Nunchuck) or press some buttons on the Wiimote to hit the right note. The actions which you carry out will resemble the way of playing the real musical instrument in real life. 4 people can form something like a band to play a music piece at the same time.

Besides playing the piano, Nodame also loves the Puri Gorota anime.

What’s Nodame Cantabile: Dream Orchestra without Puri Gorota mini games?

Strictly speaking, this game is for Nodame fans only. You can’t find the exhilaration similar to Guitar Hero or Rock Band but if you like classical music and simple yet cute gameplay, then Nodame Cantabile: Dream Orchestra is the game for you.

Official Nodame Cantabile: Dream Orchestra Website

Image: (c) Patrick & Fuji TV

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