AfterDawn: Tech news

Xbox Live lawsuit near conclusion?

Written by Andre Yoskowitz (Google+) @ 03 Jul 2009 1:46 User comments (17)

Xbox Live lawsuit near conclusion? A long standing court case in which Microsoft has been sued for patent infringement over its Xbox Live service, is coming to a conclusion soon, with a settlement looming, says new reports.
The patents, filed in 1994 by Peter Hochstein and Jeffrey Tenenbaum, are specifically for "communicating live while playing the same videogame in separate locations".

Sony recently settled a similar lawsuit with the two men, over the PlayStation Network. The amount of the settlement was undisclosed.

You can read about the patents and the dispute here: Case Update: Hochstein v. Microsoft

Previous Next  

17 user comments

13.7.2009 9:07

It's amazing how people can patent such a generic concept like this.

23.7.2009 9:38

I agree, I'm also amazed at the fact that you really can sue anyone for anything. LOL there suing them because they thought of Xbox Live and Playstation Network. LOL "communicating live while playing the same videogame in separate locations" I find this halarious.

33.7.2009 10:21

Originally posted by Matt898:
I agree, I'm also amazed at the fact that you really can sue anyone for anything. LOL there suing them because they thought of Xbox Live and Playstation Network. LOL "communicating live while playing the same videogame in separate locations" I find this halarious.
Well the world was much different in 1994 and im guessing the patent office didnt really understand the concept and its ramifications.

43.7.2009 10:39

Quote:
"communicating live while playing the same videogame in separate locations"
What I find absolutely BS about the whole thing is how PC's have been doing this for YEARS and yet MS & Sony both have to take the brunt of this frivolous case.

53.7.2009 10:40

this makes me want to think of some crazy idea so I can sue another company in the future

63.7.2009 12:41

This is one of those cases that help fuel the "Abolish patents" movement. While I like the concept of a patent it is way too easy to abuse and, in my opinion, does more harm than good.

73.7.2009 15:37

this is total BS cause the xbox wsas not out in 1994

83.7.2009 19:50

Originally posted by dpop28:
this is total BS cause the xbox wsas not out in 1994
-------------> 1994 is when it was patented, 2004 is when the infringement suit came about.



Case Update: Hochstein v. Microsoft
0
9:34 AM | Posted in Lawsuits, Patents, PlayStation, XBOX

Hochstein et al. v. Microsoft et al.
United States District Court for E.D. Mich.
Case No. 04-cv-73071, Filed August 11, 2004

On June 22, 2009, the day before trial began, the judge in this patent infringement case made a key decision by opting to use the special master’s construction of a disputed claim.

In 1991, Peter Hochstein and Jeffrey Tenenbaum came up with the idea of communicating live while playing the same video game in separate locations. They patented the technology for doing so in 1994. In 2002, Microsoft released Xbox Live, a gaming service that also allows users to communicate while playing the same game. Sony also released similar capabilities for PlayStation 2. In 2004, Hochstein, Tenenbaum and Harold Milton, Jr. (an assignee of the patent) brought a patent infringement suit against Microsoft and Sony alleging that the voice and data communications technology used in the gaming systems infringed on the patent claims. For relief they sought a permanent injunction and treble damages. Sony settled its suit in April 2009, leaving Microsoft as the only remaining defendant.

While U.S. Patent No. RE36,574 is also asserted, the primary patent at issue is U.S. Patent No. 5,292,125, which is for an “apparatus and method for electrically connecting remotely located video games.” See representative claim 1:

94.7.2009 2:07

Remind me to patent communicating live while playing the same videogame in same location tomorrow i could make a killing sueing Microsoft and Sony even Nintendo mohahaha

105.7.2009 0:02
chris4160
Inactive

Why aren't they sueing nintendo aswell, they're doing the same thing as sony and ms. Btw it is ridiculous that they got anything from sony, but I suppose it is the law.

115.7.2009 0:06
varnull
Inactive

this is all happening now because they realised the patent will expire this year.. luckily only 15 years on a patent.. shold be the same for copyright really.

126.7.2009 12:16

They sound like retards who just want money, hope they get half the money they ask for and a good sack tap while their at it.

139.7.2009 12:43

Matt898, a music label actually sued Fogerty for sounding like himself after he left that label. Smart move on his part! The morons were laughed out of court. At least patents do not go on forever like copyrights. The 50s will never become public domain. The labels will slip the rat-bastard law maklers some money and up the experation by 25 years. I bet you will find 'the artists' do not make money when their work is used in an add for the 50s record deals. It goes straight to the labels.

You can write a song in a night that will be protected forever but a 20 million dollar patent only lasts 17 years in the US. The manufacturers are not as united and not as evil as the music industry.

This message has been edited since its posting. Latest edit was made on 09 Jul 2009 @ 12:47

149.7.2009 14:19

I agree with you people Xbox/MS should take the brunt of every lawsuit and no one else

159.7.2009 15:54

Odd. One cannot patent an idea, only the execution of an idea. For example, one cannot patent the post-it note, only the adhesive used (low-adhesive, leaves no residue, and cane be reused). And trademark the name "post-it" insofar as that is possible.

On the face of it, I'm suprised Sony caved - unless patent caselaw differs in court to statute :-)

162.6.2011 13:10
rap1212
Unverified new user

If any of you knew what you were talking about you would not be saying these comments. It was not just an idea or anything like that. This man could actually play duck hunt and super mario brothers over a dial up phone line when the were new games. Many people have seen the actual nintendo console on which the games were played. Oh wait a minute most of you gamers that play now were not even born yet. This man was a Genius and not only had this and patented it long before Xbox live in 2004 he also figured out how to get the ping rate and wrote the code to slow the faster ping rates down so that everyone would see the same thing, or one would shoot the duck long before the other person playing would see it. Oh wait you don't even know what duck hunt is. So now with this said Sony caved because they knew they were in the wrong! Microsoft is simply trying to wait out the little guy because they hoped he would give up. So if he filed a patent on the game system he developed in 1994 and mind you played as well as his children and then 10 years later someone came up with using his working model and patent why should he not get paid. If you invented something that was a real money maker and someone took your invention changed one thing and made millions don't you think you are entitled to some of that money. Simply put Microsoft did not come up with this start it or anything and should pay those that did.

172.6.2011 15:51

Originally posted by alewis:
Odd. One cannot patent an idea, only the execution of an idea. For example, one cannot patent the post-it note, only the adhesive used (low-adhesive, leaves no residue, and cane be reused). And trademark the name "post-it" insofar as that is possible.

On the face of it, I'm suprised Sony caved - unless patent caselaw differs in court to statute :-)
Ideas are copyrighted. Inventions, a workable implementation of an idea can be patented.

rap1212, I don't even know what your problem is. I guess you don't like the world as it is. Welcome to the club but what can we do. I do know what I am talking about. It is you that seams confused and posting to a two yr old discussion. I am probably at least as old as you. There are plenty of old farts on this board but you wouldn't know it.

No one is stopping you from playing you on your Nintendo. The fact that Microsoft (M$) hasen't invented anything is very old news. Almost as old as Nintendo. At least Soney has invented the CD, beta tapes and Blue Ray. Blue Ray is a bloated Pig. They could have kept HD on a dual layer DVD but then there would be no space for adds.
This message has been edited since its posting. Latest edit was made on 02 Jun 2011 @ 15:56

Comments have been disabled for this article.

News archive