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jmtb02

Age/Gender: 21, Male
Location: Irvine, CA
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Entry #21

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jmtb02

Preloader Games Protected by US Law

Posted by jmtb02 Mar. 6, 2008 @ 2:44 AM EST

On February 17, 1998, a patent by Namco Ltd was approved by the United States Trademark and Patent Office (#5718632) . This patent was a page 12 document outlining the technological process of a smaller game being loaded and played while the larger game was being loaded... otherwise known as the preloader game. This helps prevent "wastage of time", on the behalf of the user and the system.

What this means is that if you put a game in your preloader, Namco reserves the right to seek monetary compensation in the court of law. Seems silly right?

A patent allows a technological process to be protected from other's monetary or personal gain. In return, a public record of the technological process is made which can help stem new ideas, technologies, etc. So basically, if you discover a process or technology that is unique, you can patent it so that if anyone else wants to use the process, they have to get permission from you... you basically own the right to let people use your work legally.

I'm not saying that Namco is going to sue you... granted, a lot of indie game developers are really under the radar of such an attack, especially one of this nature... but it is always interesting to see how protective people can get over processes, even ones that are so simple and occur often in games.

But given that they are specific processes... doesn't this mean you can patent specific gameplay elements as well? By US Patent standards, yes you can, and it has been done before. We'll just have to see how this all plays out in the future... especially because most of these patents last 20 years.

Read the Patent
Gamasutra Patent Article
Kotaku Article

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The People Have Spoken

30 Comments

Mar. 6, 2008 | 3:07 AM Rudy says:

Simply ridiculous. :/


Mar. 6, 2008 | 3:44 AM Archem says:

It's good that this law exists, because people would take credit for something they didn't make. But, I didn't know Namco could sue you just because you put a simplest thing in your movie or game, a preloader game. I thought it was free thing for everyone, and now it seems I'm wrong. :|


Mar. 6, 2008 | 3:58 AM ZekeySpaceyLizard says:

you know someone somewhere will take advantage


Mar. 6, 2008 | 4:18 AM Dazmi says:

That's copyright laws for you.
If you use someone else's work, they might sue you.

Don't tell me you wouldn't if you found out the stuff you made became stolen.

Even if it's just a preloader game, at least ask first!


Mar. 6, 2008 | 4:55 AM greamer22 says:

did you know you have to pay I D money if you make an fps game?!?!?!


Mar. 6, 2008 | 6:19 AM Cyberdevil says:

Rudy be Right


Mar. 6, 2008 | 7:57 AM BadPun says:

Dude... That's just crazy.


Mar. 6, 2008 | 8:15 AM CW-Clayt says:

that is just wrong.. its not copyright if u make ur OWN preloader game from scratch.

something like this cannot be used by one person or company.

there has to be a way around it!


Mar. 6, 2008 | 8:35 AM TomFulp says:

We should unveil a Pacman Preloader on NG just to make a stink. :)


Mar. 6, 2008 | 9:32 AM Matt-Frozenfire says:

You can copyright Ideas now? Not just products? :C

So will this be an issue in flash games?


Mar. 6, 2008 | 10:32 AM MRat says:

You could always copyright ideas and not just products.

I got into an argument with a guy because he used the phrase "Two Thumbs Up" in a review as a ranking system. That process is actually Copyrighted to Ebert and Roeper, although Ebert is working to transfer the copyright to Roper and A.O. Scott, because Ebert will no longer be working for the program, "At the Movies."


Mar. 6, 2008 | 12:25 PM I-smel says:

I'm blurry on deciding what constitutes as a game and what doesn't =/


Mar. 6, 2008 | 1:01 PM TheCriminalDuder says:

Meh... 'em big boys don't care 'bout us. We are indeed under the radar, but they won't notice such small blips like us. :P
It's all good..... plus I'm in Canada. ^^


Mar. 6, 2008 | 3:04 PM Madmanonfire says:

Namco should burn in hell for this retarded patent. They are too greedy.


Mar. 6, 2008 | 3:22 PM exotworking says:

I don´t think they patented preloader games itself, but the technical stuff etc. like shown in the picture.


Mar. 6, 2008 | 3:50 PM DaVeB0T says:

Lol, what bullshit.


Mar. 6, 2008 | 4:42 PM The-Swain says:

They can pry my preloader game from my cold dead hands.


Mar. 6, 2008 | 5:55 PM mooseisloose says:

So does Namco want a slap to the face NOW or...?


Mar. 6, 2008 | 5:56 PM Coolio-Niato says:

I read through a bit of that and I noticed that what you said wasn't ENTIRELY exact to what they said.

Their version of a preloader game is a game that gets installed and loaded before a larger game is installed/downloaded for instance of installing a game from a CD-ROM. This did not include any mention as to preloader games loading before and actual flash/console game, and so I would assume do not include those.

The patent is really quite unique in what it really patents, the creation of a preloader game installing and working before a main game is installed of larger size and while the other installation occurs, the preloader game allows for some time-wastage.

If I haven't gotten that exactly right, my bad, but from what I read, it really does not apply to any preloader games for stuff like flash.

Mar. 6, 2008 | 6:55 PM jmtb02 responds:

You have the gist of the technological process, but if you read the actual 16 steps that are followed to reach that technological process, you'll see that the wording is ambiguous enough to cover any sort of preloaded "minigame" that is loaded before the larger part.

Gamasutra follows up that argument in their article.


Mar. 6, 2008 | 6:03 PM Infernalz says:

They can't patent all preloader games, patenting one of them, one they made them selves, yes, but all preloader games anywhere is... fucked up. It's like trying to patent cars, you can patent your own car, to the extent that it is a rare kind or something, and is not widely used and changed freely.


Mar. 6, 2008 | 6:19 PM FlashKn1ght says:

aw damnit! comon!
Thats just not right...


Mar. 6, 2008 | 6:20 PM voidshatter says:

well that sucks just a bit


Mar. 6, 2008 | 6:24 PM Wiiporter says:

I would like to violate that patent over and over and over again...


Mar. 6, 2008 | 9:21 PM Luxury-Yacht says:

Fuck, this happened on my 9th birthday.


Mar. 6, 2008 | 10:22 PM Coolio-Niato says:

Oh wow. Yeah now reading it a bit more, it has very open definitions.

Time to break some laws >=)


Mar. 7, 2008 | 2:11 AM dragonewyn says:

So u say "Preloader Games Protected by US Law". Ok, so if u are a US inhabitant the law is for u. But if u are from a nother country like... Sweden... the law dont work. Here there is a other laws. So on swedish servers and in Sweden the law wont work I think :O


Mar. 7, 2008 | 9:47 AM Dasneviano says:

Some japanese folks went into the Amazon forest and patented açaí, a fruit paste that had been used by natives for centuries. Can you believe this??
Let's try and patent shushi!!


Mar. 8, 2008 | 2:32 PM Jindo says:

Hah, interesting.

I never liked preloader games, the point of a preloader is to preload the game, having a game on the preloader kinda defeats the objective of its existance :P.


Mar. 8, 2008 | 11:08 PM Sleepypenguin45 says:

It is pretty crazy the lengths that some companies will go to!


Jul. 13, 2008 | 11:10 AM HandsomeJake says:

I'm curious who'll get sued first?

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