Software Patents and Video Games

I happened to catch the start of This American Life this evening, and it grabbed me.  For the first time I actually found the local NPR station streaming online and listened to the rest of it.  Not driving, not as background, but actually listening to a radio program, like people did 60 years ago.

The topic was software patents.  The undertone was that our system, originally developed to encourage invention and creativity, has been overtaken and is simply an arms race of epic proportions.  More and more companies exist whose business model is to gather patents (through filing or purchasing) and then go around politely asking every technology company in Silicon Valley to give them some money as a licensing fee, Or Else.  To defend themselves against these shakedowns, big companies get their own arsenal of patents to flaunt to would-be patent trolls. The hope is that this display of ammunition will persuade the trolls to move on to softer targets, lest they get counter-sued for infingement on one of their patents.

Ira Glass suggested that those suffering the most in this war are the startups, the people actually inventing something new, who get asked for exorbitant licensing fees at their most vulnerable early stage of existence.  It’s enough to wipe out lots of startups and discourage many, many more.

By the way, these are not patents on actual breakthrough inventions, these are patents on “downloading and uploading of video data through a wide area network” and that sort of thing.  Stuff that shouldn’t have been given a patent in the first place, but somehow was.

I’m wondering how this will affect game development.  A search on the USPTO website yields tons of video game related patents, but most are for hardware.  There are indeed some software ones including some design ones.  (I think I saw a patent for an “adrenaline meter” but I can’t find it right now.)

Currently, there isn’t enough money in indie console/PC game development for the sharks to smell blood in the water.  But I’m sure for mobile and social gaming, the arms race is on.  I just hope we have some patent reform before my company makes enough money to become a target.  Maybe I’m paranoid… we’ll see what happens.

Congratulations SuperGiantGames

Tonight was the Bastion launch party, an awesome event for many reasons.  First, I got to play a new game called Joust, which I suppose every indie developer should know about, but I somehow didn’t.  Here is me playing:

I lost every round but one.

Second, it was great to see the crew after they had accomplished something many set out to do but few succeed in: band together and create a high quality title independently.  This is somewhere I want to be in a little while.  It can be done.

Third, something Amir said during a brief toast, really struck a chord with me: that most of the people here he did not know before he began building Bastion, and that he never expected that making a game would make him this many friends.  Hell yeah!   This is game development at its finest.

 

There is also a Summer Uprising

First, just watch the video.

Yes, these are all XBLIG games coming out this summer.  Pretty sick stuff in there, and though I’m not on the list, I have to take this opportunity to give them a shout-out, for many reasons.

First, the amount of effort put forth by Armless Octopus Dave is mindboggling.  I’ve seen the XNA forum thread on this event, and it’s gotta be the biggest on the site.  Lots of people interested in the event, wanting to join in, with ideas on how to run it, and he’s managed to wrangle it all.  I’m seriously impressed.  I don’t know how they divide the labor but I have to assume Kris is picking up a good bit of slack as well.  I mean, for the IGWU I somehow managed to get credit for helping kick it off without the hassle of doing any real organization (Robert handled that), so I don’t have firsthand knowledge of how much goes into it–but it’s gotta be huge, and we all gotta give props, final cut or no.

Second, I’d still like to see XBLIG grow as a platform.  It’s taken a beating this year with the ratings shenanigans (which slaughtered SC2’s profitability–SC1 still outsells it 4:1) so it’d be great to see it get more traction.  Maybe there’s a critical point at which Microsoft decides it’s time to add Achievements and an improved top list system, so if we can get closer to that point, I’m all for it.

Why is Escape Goat not on the list?  I don’t have a great reason for not entering it, but my somewhat passable reason is that I didn’t have something quite finished enough to nominate.  There’s a chance it’ll be done in time for the event, but not a certainty, and with 50+ nominees I figured it’s best to sit this one out.  When I get into hardcore game development mode, it’s hard for me to think about anything else.  My involvement in the community is sporadic to say the least.  (Look at the date stamps on this blog for instance.)

So for now, I’m just looking forward to some of these games.  Good luck to everyone and congratulations to the devs who made the first round of cuts.

If you like Soulcaster, get Cthulhu Saves the World

Just released by Winter Uprising cohort Zeboyd Games. I spent some time with the playtest version and it has everything you want in a classic RPG. It is humorous, has great music, and pokes fun at the genre without losing any authenticity. And it’s long, I’m about 3 hours in and probably not half done yet. You’ll get your 240 MS Points’ worth.

I know I haven’t been putting in many shoutouts to the other IGWU games, so apologies to the rest of the crew… but this game is special because Robert spent a bunch of time promotion the event and his contribution (CSTW) was delayed as a result. Worth the wait! Download the demo!