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jmtb02
Founder of Wonderful Elephant + jmtb02 Studios. Formally Armor Games CEO, previously at Kongregate, 100+ Flash games many of which featuring a little blue elephant

John Cooney @jmtb02

Age 38, He/Him

Game Developer

UC Davis

Northern California

Joined on 3/1/04

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Preloader Games Protected by US Law

Posted by jmtb02 - March 6th, 2008


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

Preloader Games Protected by US Law


Comments

Simply ridiculous. :/

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. :|

you know someone somewhere will take advantage

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!

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

Rudy be Right

Dude... That's just crazy.

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!

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

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

So will this be an issue in flash games?

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."

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

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. ^^

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

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

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

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

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.

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.

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.

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

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