Should Video Game Patents Be Legal?

Over on Gamasutra, designer Ernest Adams has posted an interesting piece on video game software patents. He argues that not only are such patents morally gray, but that they are too encompassing—citing an example from Namco's PSOne version of Ridge Racer in which they patented, we kid you not, load-time minigames. He explains:

The US Patent and Trademark Office has taken a much more vague approach to determining what may or may not be patented. Its guidelines for patent examiners requires that the invention produce a concrete, useful, and tangible result, and gameplay patents are being allowed.

Then he later continues:

[Video games] are not inventions at all in the normal sense of the word. They are imaginary systems. Unlike mathematical theorems (which cannot be patented), game rules don't even have to be coherent — though obviously they should be for playability reasons.

It's an interesting point. And even from my limited perspective on programming, patenting any software-level features distinctly tied to gameplay (like the Namco example) feels like a canvas manufacturer patenting the use of certain paints on their material.

The Designer's Notebook: Damn All Gameplay Patents! [Gamasutra][image]

Video Game Law Shot Down

(CBS/AP) A federal judge ruled Friday that Illinois' restrictions on the sale of violent and sexually explicit video games to minors are unconstitutional and barred the state from enforcing the law.

State officials "have come nowhere near" demonstrating that the law passes constitutional muster, said U.S. District Court Judge Matthew Kennelly.

Democratic Gov. Rod Blagojevich and other supporters of the measure argued that children were being harmed by exposure to games in which characters go on killing sprees or sexual escapades.

Opponents declared the law a restriction on free speech and pointed out that similar laws had been struck down in other states.

"It's unfortunate that the state of Illinois spent taxpayer money defending this statute. This is precisely what we told them would happen," said David Vite, president of the Illinois Retail Merchants Association, one of the groups that sued over the law.

Blagojevich said Friday he will appeal the ruling.

"Parents should be able to expect that their kids will not have access to excessively violent and sexually explicit video games without their permission," he said.