Sony and Activision Get (Patent) Trolled

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Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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Sony and Activision Get (Patent) Trolled


Digital security company Uniloc [http://www.uniloc.com] has sued Sony, Activision Blizzard, Aspyr and other companies over claims that their DRM infringes upon its 1996 patent for "a system, device and/or method for reducing software piracy."

Uniloc, which offers technology that "provides integrity at the net's edge, evolving beyond simple access protection to provide peerless identification, security, and integrity within a trust environment," was given patent number 5,490,216, entitled "System for Software Registration," in 1996. Specifics of the patent weren't made clear (although they're available for your perusal at the U.S. Patent and Trademark Office [http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=5490216.PN.&OS=PN/5490216&RS=PN/5490216], if you're interested) but now, 14 years later, Uniloc has decided that Sony, Activision and others are drinking its milkshake, and it wants them to pay for it.

Uniloc alleges that the companies named in the suit have "directly and/or indirectly infringed at least one claim of the '216 patent... by, among other things, making, using, offering for sale, selling and/or importing a system, device and/or method for reducing software piracy, reducing casual copying and/or reducing the unauthorized use of software." Sony's SecuROM, Activision's product activation and registration system, Aspyr's product registration system and others are named as specific examples of infringement which have caused "reparable and irreparable damage" to Uniloc.

I'm not a lawyer so I don't want to start passing out the "patent troll" signs just yet, but I think it's worth mentioning that the California-based Uniloc filed suit in the U.S. District Court for the Eastern District of Texas, which has been overturned [http://www.technologyreview.com/InfoTech-Software/wtr_16280,300,p1.html] by a judge in September 2009, although Uniloc vowed to appeal that decision.

A full copy of Uniloc's lawsuit is available in PDF format from the WTF is My Social Media Strategy? [http://www.theeca.com/newsletters/GP/uniloc_v_sony_actbliz_aspyr.pdf]" remain under investigation.

via: GamePolitics [http://gamepolitics.com/2010/08/03/uniloc-sues-sony-activision-blizzard-and-aspyr-over-copy-protection]


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SnootyEnglishman

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May 26, 2009
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More people trying to bring down the big companies for stuff they supposedly made years ago but have done nothing sense? When will it stop.
 

Cherry Cola

Your daddy, your Rock'n'Rolla
Jun 26, 2009
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Note: Looking into the future and patenting an idea that will become incredibly popular with large, rich companies is a great way to earn money through lawsuits.
 

SomeBoredGuy

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Nov 18, 2009
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If this lawsuit means these companies will have to stop producing DRM, then go Uniloc!

It's such a shame that they couldn't sue Ubisoft as well (I believe) due to their being French.
 

SaintWaldo

Interzone Vagabond
Jun 10, 2008
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Don't patents only last 14 years from date of grant?

Edit: Some last 20 years. Not sure if this is a design patent or not, but they are certainly cutting it close to the wire if it IS a design patent.

BTW, Andy, go ahead and use "patent troll". No one with a serious claim waits 14 years to sue over practices quite common for every one of those 14 years.
 

ShadowKatt

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Mar 19, 2009
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Seems like desperation to me. A last shot effort at big money before they disappear completely.
 

KeyMaster45

Gone Gonzo
Jun 16, 2008
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SaintWaldo said:
Don't patents only last 13 years from date of grant?
I can't confirm that myself but even if that's the case these blasted trollz would be suing for the use of their supposed "idea" during the 13 years they held the patent.

Cases like these really piss me off, people file for broad vague patents on technology; NEVER do a damned thing with it and then decide "Hey, lets sue these people for comming up with an idea we failed to ever follow through on since we have this piece of paper saying it's ours." Sadly, because of where they filed the law suite they're probably going to win. Almost makes me want to become a lawyer just so I can one day become a judge and laugh these fuckwads out of court when they show up.
 

squid5580

Elite Member
Feb 20, 2008
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How many times can you appeal something? You win, it gets appealed you lose so you appeal the appeal who will then get appealed forcing you to re appeal. Why not just cut out the middle man and trade the millions back and forth?
 

DaxStrife

Late Reviewer
Nov 29, 2007
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On one hand, it sounds like a silly lawsuit to get money from big companies. On the other hand, a small part of me would like to see this succeed if it means the practice of DRM getting royally destroyed (which of course isn't going to happen, but we can always hope).
 

SaintWaldo

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Jun 10, 2008
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KeyMaster45 said:
SaintWaldo said:
Don't patents only last 13 years from date of grant?
I can't confirm that myself but even if that's the case these blasted trollz would be suing for the use of their supposed "idea" during the 13 years they held the patent.

Cases like these really piss me off, people file for broad vague patents on technology; NEVER do a damned thing with it and then decide "Hey, lets sue these people for comming up with an idea we failed to ever follow through on since we have this piece of paper saying it's ours." Sadly, because of where they filed the law suite they're probably going to win. Almost makes me want to become a lawyer just so I can one day become a judge and laugh these fuckwads out of court when they show up.
I edited my original post with some wikinsight.

You are correct that they have a high chance of winning before the traditionally tech-unsavvy judges of East Texas, but take heart in the fact that most patent judgments from that district are turned over quite frequently. That's why it was important for Andy to note the venue in the article.
 

SaintWaldo

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Jun 10, 2008
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squid5580 said:
How many times can you appeal something? You win, it gets appealed you lose so you appeal the appeal who will then get appealed forcing you to re appeal. Why not just cut out the middle man and trade the millions back and forth?
All appeals stop at the Supreme Court. They either hear your case or let the lower rulings stand. Game over.
 

Theron Julius

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Nov 30, 2009
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I don't even know what to say. There are so many good and bad things that could come of this that I am rendered speechless...

AC10 said:
This would be AWESOME if it happened.
Yes, but think of the ramifications of all those companies losing all that money. Think how much longer Diablo 3 will take when they lose all that money!
 

Korey Von Doom

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May 18, 2008
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ionveau said:
Hummm....DRM is bad.....sooo.....i go with people that want to take DRM away?
Even if this does go through, which is most likely won't, they will just make a new DRM.
 

whaleswiththumbs

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Feb 13, 2009
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The_root_of_all_evil said:
I am amused by entire lawsuit.

[HEADING=1]Go Uniloc![/HEADING]
Yes.

At first i thought of another "Edge"-y lawsuit, but this is very different. Uniloc patented a whole system, where as the former(Edge, i forgot the guy's name) trademarked a common word in the English language.

So i'm with Uniloc. Because this amuses me.