Konami sueing Harmonix

[PNReynard]

Source

Originally Posted by Bloomberg

Konami Sues Viacom Over 'Rock Band' Music Video Game

Konami Corp., the Japanese creator of the "Dance Dance Revolution'' music-video game, sued Viacom Inc.'s Harmonix studio, claiming its "Rock Band'' game violates patents.

The Konami patents, issued in 2002 and 2003, relate to simulated musical instruments, a music-game system and a "musical-rhythm matching game.'' Konami also makes the "Karaoke Revolution'' music game with microphones, as well as the "Metal Gear Solid'' espionage game.

"Rock Band'' the game in which players emulate rock and rollers with toy instruments, drove a 16 percent increase in first-quarter revenue at New York-based Viacom's media networks business. Konami's Digital Entertainment unit said in May it plans to begin selling its own rock band game, called "Rock Revolution,'' later this year.

Konami is demanding cash compensation, plus an order that would block Viacom and Harmonix from using the inventions, according to the complaint, filed July 9 in federal court in Marshall, Texas. The suit names Harmonix Music Systems, Viacom, and Viacom's MTV Networks Co., which owns Harmonix.

Viacom spokeswoman Kelly McAndrew said the company hasn't received the complaint, so had no immediate comment.

The case is Konami Digital Entertainment Co. v. Harmonix Music Systems Inc., 08cv286, U.S. District Court for the Eastern District of Texas (Marshall).

Before anyone asks why there is no legal case happening against Activision, Activision have bought Licenses from Konami.

So the big question is how did Harmonix forget about the need of Patent License for the instruments since they required one for their early GH games?

[AarontheblueSmurf]

Why dont Game companys do there homework properly

[Rod3r1ck]

All I can say is MUAHAHAHAHAH thats what you get for ripping people off in the EU!

[Remora Wraith]

Probably because although they have a patent it won't be supported in court, you can't outright patent music rhythm games, it's a concept not a tangible product, it's like patenting FPS games you can do it, but you won't get anything by doing so.

[Sumo]

That's kinda funny

It could only happen to EA, eh?

[PNReynard]

Originally Posted by Remora Wraith

Probably because although they have a patent it won't be supported in court, you can't outright patent music rhythm games, it's a concept not a tangible product, it's like patenting FPS games you can do it, but you won't get anything by doing so.

Konami has already took action against and won (out of court settlements to be precise) for other companies not acquiring licenses for breach of the patent.

For example:

Konami filed a lawsuit against Roxor Games on an infringement of various rights on May 9, 2005 in the Eastern District of Texas, a district known for its bias for the plaintiff in patent cases.[1] Additionally, they amended their complaint on July 1, 2005, to include the dance game "MC GROOVZ danceCRAZE" (a game produced by Mad Catz to accompany their 3rd party dance mat). Konami primarily claims that Roxor has infringed their dancing game patent rights, but also goes on to claim that the refitting of arcade cabinets "has been done in an infringing and unfair way". ITG fans were quick to criticise the lawsuit, pointing out that Konami's Japanese arcade games are illegal in the United States.

On July 10, 2005, however, Konami amended its complaint to include the In The Groove PS2 game and its publisher RedOctane. On July 25, 2005, Roxor Games filed a counterclaim against Konami. In the counterclaim, Roxor denies the claims in Konami's complaint, stating that 'In The Groove' does not violate patent law and that claiming that Konami has engaged in unfair competition.

However, the lawsuit ultimately ended in a settlement. On October 18, 2006, Roxor announced that Konami had acquired the intellectual property rights to the In the Groove series as part of the settlement to this litigation.

Links to Patent:
Text-Only Version
Image Version (QuickTime plug-in req.)

[Remora Wraith]

So? They didn't win in court they got a settlement, the fact is that is their goal, to get settlements from companies who can't afford lengthy legal battles. Viacom has been in trouble for a while now so they probably could do without lengthy legal preceding and costly legal battles, the lawsuit could also force them to delay RB2 which would encourage them to settle.

Fact is they already fought and won a similar patent against Gibson over technology which simulates a concert with pre-recorded audio and an imitation instrument. There is no founding in the lawsuit what-so-ever (as stated with the Gibson one), Konami are just trying to make the road to releasing rock revolution a bit smoother and make it harder to get Rock Band 2 out the door as it'll certainly cripple RR to have an established brand already on their second game.

[evilweevle]

theres no way that this will stand up in court, as according to konami, since they invented the drumming game genre, nobody else is allowed to make them but themselves, which is obviously bollocks, its not like the inventors of the car started sueing other companies who made cars as well, just because theyre cars! at the end of the day its a similar concept but a different product, and they cant sue for that.