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Microsoft LogoMicrosoft has been sued a lot. It happens. This one could end up costing them a decent chunk of change, however. In 1994, Peter Hochstein and Jeffrey Tenenbaum were granted a patent for "communicating live while playing the same video game in separate locations." The two sued Microsoft in 2004, claiming that Xbox Live infringes on their patent.

Microsoft's defense appears to hinge upon the claim that Xbox Live operates outside of the actual video game. Furthermore, Kotaku notes that the company has resorted to cheap tricks, including holding up the trial for weeks over a type and providing 140,000 documents on the plaintiffs without any index.

Sony was also sued by Hochstein and Tenenbaum over the PS2's network, but Sony settled the case for an undisclosed amount of money. Seems like the reverse of the lawsuit over rumble in controllers. In that case, Microsoft settled and licensed the tech to include rumble on the Xbox 360. Sony was the one that dragged the process out, finally releasing the DualShock 3 after settling the case.

Source

Comments

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  • TurnerJoy

    The patent office is to blame for this. How is "talking while playing a video game" a unique or novel idea? If it was a particular method I could understand but this one is silly.

    Posted: July 2, 2009 12:27 PM | Reply | Report
    TurnerJoy
  • codered1212

    didnt nintendo sue both microsoft and sony for vibrations in controllers or something like that? i dunno what it was exactly but it had something to do with controllers

    Posted: July 2, 2009 12:30 PM | Reply | Report
    codered1212
  • ViolinistHDL

    they just want money, they can not patent, "talking while playing a game"

    Posted: July 2, 2009 12:35 PM | Reply | Report
    ViolinistHDL
  • ImpurestCrowd

    Now with any LUCK MS will get sued for billions and be forced to abandon Xbox live.

    Posted: July 2, 2009 12:44 PM | Reply | Report
    ImpurestCrowd
  • Raverenz51

    Sueing over Talking while playing video games, wow Im surprised Tim Berners-Lee doesn't sue every time somebody uses the internet......retarded

    Posted: July 2, 2009 12:46 PM | Reply | Report
    Raverenz51
  • BogusGnarly

    Communicating live while playing the same game? That would include typing with other ppl in an MMO ala WoW, would it not? I've been reading through the patent and it doesn't necessarily say "voice". And doesn't each video game developer setup how voice is used during the game, not Microsoft? Ventrilo would be up next I assume, as well as two people playing a flash game over the internet while talking on a digital phone to each other that uses the same modem for phone and internet.

    I absolutely agree with TurnerJoy's post. Also, I played Doom through a modem with my friend in 1993 and could type to him while we played. How can you patent something someone else already did?

    Posted: July 2, 2009 12:54 PM | Reply | Report
    BogusGnarly
  • BogusGnarly

    Communicating live while playing the same game? That would include typing with other ppl in an MMO ala WoW, would it not? I've been reading through the patent and it doesn't necessarily say "voice". And doesn't each video game developer setup how voice is used during the game, not Microsoft? Ventrilo would be up next I assume. Also, I played Doom through a modem with my friend in 1993 and could type to him while we played. How can you patent something someone else already did?

    Posted: July 2, 2009 12:56 PM | Reply | Report
    BogusGnarly
  • BogusGnarly

    sorry for double post while editing...

    Posted: July 2, 2009 12:56 PM | Reply | Report
    BogusGnarly
  • kkotd

    Sounds like it's about time to get rid of Patents all-together... Sure it was great when you had one mastermind a generation but when you have over 100,000 of them all thinking the same thing at the same time... Oy... Just think if the lightgun had tried patenting all motion controllers. The Wii and now all these rip-offs from Sony and Msoft would be sued for making their own innovation of it...

    Posted: July 2, 2009 1:18 PM | Reply | Report
    kkotd
  • slimmer

    Lawyers making big fat cash like usual.

    Posted: July 2, 2009 1:22 PM | Reply | Report
    slimmer
  • Mechutu

    Wouldn't they have to provide an exact technology showing how they "talk while playing videogames"? Otherwise someone could just say "I'm going to patent the idea of videogames".

    Posted: July 2, 2009 1:25 PM | Reply | Report
    Mechutu
  • Beleabub

    I've resorted to trickery to get out of a speeding tick more than one time!!

    Posted: July 2, 2009 1:26 PM | Reply | Report
    Beleabub
  • Beleabub

    I've resorted to legal trickery to get out of speeding tickets!!

    Posted: July 2, 2009 1:27 PM | Reply | Report
    Beleabub
  • DEAThHEART

    I'm just gonna shut up on this on. I'm tired of this... and i'm not talking about microsoft being (maybe they deserve that)

    Posted: July 2, 2009 1:33 PM | Reply | Report
    DEAThHEART
  • DEAThHEART

    I'm just gonna shut up on this on. I'm tired of this... and i'm not talking about microsoft being (maybe they deserve that)

    Posted: July 2, 2009 1:34 PM | Reply | Report
    DEAThHEART
  • unfungames

    how the hell can they patent something that people were already doing? People were playing text based MUDs long before 1994

    Posted: July 2, 2009 1:39 PM | Reply | Report
    unfungames
  • crocodilius

    I wish I lived in the USA sometimes.
    Then I could sue whomever I wanted for no distinguishable reason and be rich.
    Like back around 1996-98, i wrote a letter as part of class project to THQ and somewhere in the letter I suggested their next Smackdown! project be named "Know Your Roll" because I loved The Rock. Guess what happened? (I also never got a reply to the letter)

    Posted: July 2, 2009 1:40 PM | Reply | Report
    crocodilius
  • crocodilius

    I wish I lived in the USA sometimes. Then I could sue whomever I wanted for no distinguishable reason and be rich. Like back around 1996, i wrote a letter as part of class project to THQ and somewhere in the letter I suggested their next Smackdown! project be named "Know Your Roll" because I loved The Rock. Guess what happened? (I also never got a reply to the letter)#2

    Posted: July 2, 2009 1:42 PM | Reply | Report
    crocodilius
  • stoner369

    so whats next Vent, Teamspeak? out of the three leading systems microsoft seems to be on top of their game. with success comes greed and i guess everyone one their piece of the pie. X-box live has been around how long now?

    Posted: July 2, 2009 1:55 PM | Reply | Report
    stoner369
  • shadpreston

    Does anyone else see the irony in the author misspelling the word "typo" ?

    Posted: July 2, 2009 1:56 PM | Reply | Report
    shadpreston

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