Yahoo! Sues Xfire For Patent Infringement 174
CheesyPeteza writes "GameSpot is reporting
that the popular game messenger client Xfire is being sued by Yahoo for patent infringement. The patent was originally granted to two Yahoo employees who developed GameProwler for Yahoo Messenger. It describes a system which "allows users to use a game server in connection with a messenger server to permit 'buddies' to know when other 'buddies' are playing games online, and easily join such games." One of these employees then left Yahoo to work for Xfire. Xfire denies infringing on Yahoo's patent, but with the costs estimated at $2 million to defend this cas, will the startup company Xfire be able to stand up to the Yahoo giant?"
Yes (Score:5, Funny)
Re:Yes (Score:5, Insightful)
At least now, a lot more people will notice it, and offer more opinions/information on the matter than in the previous posting.
Re:Yes (Score:1, Insightful)
There'll be a lot more posts, certainly, but I'm not sure whether 85 "Dupe! Dupe!" posts qualify as "on the matter".
Re:Yes (Score:3, Funny)
-Bill
Re:Yes (Score:2)
Thoughts (Score:3, Informative)
X-Fire has way more features than Yahoo! messenger and is way more useful for "in game" chat.
For example, while I am playing Call of Duty Multiplayer and someone talks to me on xfire a small unobtrusive box appears near the bottom of my screen t
Steam (Score:5, Interesting)
Re:Steam (Score:3, Interesting)
(IANAL)
Re:Steam (Score:3, Funny)
Re:Steam (Score:2, Funny)
Re:Steam (Score:2, Informative)
Re:Steam (Score:2)
Isn't a peice of paper something you can draft diagrams for an invention on? OMFG!11 No more patents cause paper itself serves as prior art to all of them.
That said, this patent is complete bullshit, especially given the date on which it was filed. Insane.
Re:Steam (Score:1)
Re:Steam (Score:3, Interesting)
2. Anyone done a search to see if Valve have a patent war chest themsevles? I'd be surprised if they didn't have a little something stashed away to deter suits from companies like Yahoo. And to use themselves, against a similar start-up, tring to compete in the FPS/online games industry.
Re:Steam (Score:2, Informative)
I am not a big XBOX live user (though I forgot to unsubscribe from the beta and they charged me again d'oh) but I have not heard about MSN messenger ever getting that feature. Does MSN messenger have a feature like the one I mentioned above?
If not then did they back off because of this patent?
As far as I know XBOX live has its own b
Re:Steam (Score:3, Insightful)
That may be true, but who would you rather sue. Microsoft or Xfire?
Re:Steam (Score:2)
Re:Steam (Score:2)
"Why are you suing me? You didn't have a problem when Xfire did it!"
Re:Steam (Score:2)
Re:What about Battle.net? (Score:2)
You have access to a Friends list, as well as a game locator that matches you up with other players looking for the same kind of game.
Prior art? (Score:2)
Wait, isn't that PRIOR ART? Then it would make the patent become void. (I think...)
Down with slashdotting... (Score:5, Informative)
The patent, referred to as the '125 patent for the last three numbers of US Patent No. 6,699,125 (see screenshots for select pages from the patent documents), was granted to two then-Yahoo! employees Brian Gottlieb and Chris Kirmse on March 2, 2004. As is typical, ownership of inventions by employees remains with the corporation the employees work for. Such ownership rights are usually sealed in hiring contracts signed by the employee when he or she is first brought on.
In the case of the '125 patent, Gottlieb and Kirmse were employed by Yahoo! when they developed certain technologies for a game-specific variation on Yahoo!'s popular Yahoo! Messenger. Yahoo! has been the sole assignee--or owner--of the '125 patent since it was granted.
The complaint describes the Yahoo! Messenger instant message service--in this case, the GameProwler instant messenger application--as one that "allows users to use a game server in connection with a messenger server to permit 'buddies' to know when other 'buddies' are playing games online, and easily join such games."
Xfire offers a client application that allows gamers to chat with other gamers online. It also serves to help quickly facilitate gameplay on remote servers.
"Like the Yahoo! invention," the Yahoo! complaint reads, "this capability allows a user to see other users identified as 'friends' or 'buddies' designated on the user's computer in an instant messenger window. Also, like the Yahoo! invention, this product allows a user to see if a 'friend' or 'buddy' is online with her instant messenger program activated and also to see whether that 'friend' or 'buddy' is playing a game online...
"Defendant has no license or permission from Yahoo! to offer this capability."
The Xfire client was first made available in beta form last year. Xfire recently promoted the fact that it had reached the 1-million-registered-user threshold.
Yahoo!'s GameProwler appears to be the application it feels was compromised by the XFire client. Industry sources tell GameSpot that Xfire currently has a patent pending for its service.
Key to the complaint is Chris Kirmse, now Xfire's vice president of engineering. Yahoo! claims that "after Kirmse joined defendant [Xfire], defendant began to develop, test, and offer instant messenger 'client' software and a messenger server that, when operated with game servers, offers the capabilities of the invention."
Kirmse joined Xfire in August 2003. He had left the employ of Yahoo! some years earlier, according to sources.
Neither Yahoo! employees connected with the complaint nor attorneys representing Yahoo! in this matter would comment on the legal proceedings. Mike Cassidy, Xfire CEO, also declined requests for comment by GameSpot.
As this complaint is just one week old, no "next steps" are certain. Lawyers familiar with patent law have told GameSpot a case like this could cost up to $2 million to defend and take up to two years to fully adjudicate.
Impact on Xfire, a company founded in 2002 by Dennis "Thresh" Fong, Mike Cassidy, and Max Woon, is unclear. Likely, the company remains focused on customer acquisition over revenue growth--which makes defense of such a complaint problematic.
Yahoo!, on the other hand, recently reported it had earned $372.5 million on revenues of $1.08 billion for the most recently concluded quarter. Prospects of a drawn-out legal imbroglio, therefore, wouldn't seem to threaten Yahoo!'s well-being. Some industry sources have even speculated the lawsuit suggests a possible first step toward overtures by Yahoo! to buy out the gaming start-up.
How will David fare against Goliath in this case? GameSpot will keep you posted.
MOD PARENT UP (Score:4, Funny)
(note: It wasn't me who posted it, just in case you thought)
Instead of dupes... (Score:5, Funny)
In related news... (Score:5, Funny)
Gamespy is guilty too (Score:5, Insightful)
So is Steam. Buddy system and Chat system. (integrated)
So are half-a-dozen other serverbrowsers that have a buddy list.
What a stupid patent! This is why patents should not be allowed to exist in software.
Re:Gamespy is guilty too (Score:4, Interesting)
They wont win, and hopefully xfire can sue yahoo for legal expenses.
Re:Gamespy is guilty too (Score:1)
Re:Gamespy is guilty too (Score:3, Insightful)
I agree with your first statement.
As for the second: By the same token, no one should be driving, owning a gun, or drinking alcohol. And half (give or take 0.5%) of America shouldn't be allowed to vote in presidential elections.
Keep in mind that here at Slashdot, you're only likely to hear about the bad patents. That's like formulating an opinion on the safety of driving by reading the police blotter.
- David Stein
Re:Gamespy is guilty too (Score:2)
That's very true. Please share with us your knowledge of all the good patents from which society benefits.
Re:Gamespy is guilty too (Score:2)
Ever heard of the MP3 audio compression format?
Re:Gamespy is guilty too (Score:2)
Isn't that the audio format patented by Fraunhofer, which delayed the adoption of compressed music due to patent license fees which many companies couldn't afford?
I speculate that Ogg Vorbis would have been much more popular, and highly adopted, had it come out much earlier.
Re:Gamespy is guilty too (Score:2)
Yes, but don't change the subject too quickly. You asked if society benefited from it, and I'd like your evaluation. Yes, it could've been better (people could invent cool stuff for free), but did society benefit or not from MP3?
Now moving on to your next concern, if it was so delayed, then why the hell didn't an unencumbered format beat it to
Re:Gamespy is guilty too (Score:2)
Re:Gamespy is guilty too (Score:2)
I'm not ignoring anything. I'm saying that MP3 may not have existed (or would be much delayed) without Fraunhofer knowing that it can make some money back.
If you are fundamentally opposed to software patents, then what you have to prove is
Re:Gamespy is guilty too (Score:2)
You can go in all kinds of circles playing what if. I think that looking at the actual facts of what gets produced and who produces it is telling, though. The people who most directly create new softwar
Re:Gamespy is guilty too (Score:2)
Are you asking for an invention that would be impossible without patents? How do you imagine anybody can prove that?
The patent system is a part of a system of incentives to invent. Other incentives include fame, indirect fortune, personal feelings of accomplishment, perhaps even religious satisfaction. It is unreasonable to require that patents be the sole enabler. The question is whether the system of incentives is bett
Re:Gamespy is guilty too (Score:2)
You're correct, theoretically. However, many companies patents ideas which arose as a consequence of another business directive, not the primary cause.
For example, IBM has a patent on the method by which a "fat" line can be drawn on a computer by taking a "thin" line and widening it. I seriously doubt IBM saw a business opportunity for fat lines, and thus spent R&D resourc
Re:Gamespy is guilty too (Score:2)
The question then, is how we can preserve this class of inventors without forcing them to become entrepreneurs? We need to answer this question before throwing out patents wholesale.
Re:Gamespy is guilty too (Score:3, Insightful)
Interesting that you followd this up with, "in the real world things aren't black and white" - I think that's an apropos response to this statement.
Must this be a choice of extremes? Patent no software, or throw open the floodgates and allow all of them? Is it impossible to find a middle ground where we allow patents for new and useful software, and not allow patents for the rest (including this one?)
As for the "endless supply" of bad patents: The "endless"
Re:Gamespy is guilty too (Score:3, Interesting)
How about Blizzard? (Score:2)
If you don't count the fact that a visible "list" was a more recent event, buddies for gaming contacts have been available since the early battle.net days:
Re:How about Blizzard? (Score:2)
Re:How about Blizzard? (Score:2)
Starcraft, Warcraft, Diablo, to name a few I've played on there.
Re:How about Blizzard? (Score:2)
Gotta read the claims before you talk about prior art.
Re:How about Blizzard? (Score:2)
Re:How about Blizzard? (Score:2)
Re:Gamespy is guilty too (Score:2)
No, this is why patent examiners for software patents should be required to have a certain amount of knowledge of the current state of the art in the field...
I'm gonna say what I said last time. (Score:4, Interesting)
What do you think?
Re:I'm gonna say what I said last time. (Score:5, Insightful)
I think there is nothing in this world more unlikely than a successful gamer-geek boycott launched from Slashdot.
It's like trying to herd cats.
Re:I'm gonna say what I said last time. (Score:1)
Shove this patent up your @#$ (Score:4, Insightful)
Oh you mean, kind of like when you join IRC and you say "hey John, you're there? how about we go on Playsite for a nice game of gin eh?"
I was doing that (or some version of that, before Playsite was around) for at least a decade. Which leads to the following questions:
Does is look like prior art or what?
Since I'm not particularly bright for having "invented" that method, and everybody and their dogs has been doing it forever because it's freaking obvious, does this patent look like yet another something-that-I-may-sue-someone-over-in-the-futur e patent application?
Shouldn't they replace the monkeys at the USPTO by humans at some point?
Re:Shove this patent up your @#$ (Score:1, Funny)
Yes yes yes, but is John your friend, some IRC dude you kind of know, or a true buddy? cuz you know, the wording is important in a patent...
Re:Shove this patent up your @#$ (Score:2)
With YIM, next to a person's name, it will tell you what game they are playing (if any) on games.yahoo.com.
Re:Shove this patent up your @#$ (Score:3, Insightful)
Maybe they should replace the humans with monkeys.
Re:Shove this patent up your @#$ (Score:2)
Re:Shove this patent up your @#$ (Score:2)
However, didn't gamespy (the original, non-sucky one) do this with ICQ LONG ago? I would launch a game in gamespy, and it would auto-set my ICQ status to "away" with a message of "playing quake2 on 239.483.25.23:33433, click __HERE__ if you have gamespy".
It would make a gamespy:// link, and if you clicked on it and had gamespy installed it would launch the correct game and auto-joi
Re:Shove this patent up your @#$ (Score:2)
Yes it does. Determining whether or not it actually is would require looking at the complete prosecution history, which is the very first thing Xfire's lawyers will do. It is possible that "message" in the claim language refers specifically to a particular message structure as disclosed in the patent, or it could be that "messenger clients" refers specifically to software with a couple of required features. One could look for hints of this in the disclosure, but coul
Re:Shove this patent up your @#$ (Score:2)
BattleBuddy [starcraftsector.com]
Yahoo! just took over the All-Seeing Eye (Score:1, Insightful)
How did Yahoo! get so much money, anyway? WTF do they do? What have they ever done, or made? I think there's an untold story as it relates to Yahoo!'s rise to success, and I strongly suspect it has to do with an intimate relationship with spammers.
A short, one act play: (Score:5, Funny)
Person B: Repeat.
A: You know what this article is?
B: Repeat.
A: You know what this article is?
B:
A: You know what this article is?
B: You know who is in the bathroom?
A: No, Who is on first.
[person B stabs person A]
CURTAIN LOWERS
~FIN~
coincidence? (Score:4, Funny)
patent (Score:1)
The online chess servers did this in the 80s (Score:4, Informative)
I'd call that prior art.
omfg, nehwz flasch!!! (Score:1)
--newr00tic pointed out, that Mr. Postwhore abused his position of power, so as to put personas with certain speech -impediments, (i.e. "stutterers") in a bad light.
In the court proceedings that followed this incident, Postwhore tried to get the panel of jurors off-track, by starting an "Linux rox; *doze suxx0rz!! *omfg* *rofl* *rofl*" -flamewar; to no avail..
(ed.note: Dupe was ACTUALLY seen 'rolling on the floor, -
Slashdot should license this patent (Score:5, Funny)
Is there anything to permit 'editors' to know when other 'editors' are posting articles online?
Re:Slashdot should license this patent (Score:2)
omfg (Score:1)
Re:omfg (Score:2)
Appalling behaviour by politicians (as usual).
Hey everybody! (Score:2, Funny)
If the editors won't Slashdot, Slashdot the editors....
And here's my dupe reply; Past Employee\Prior art (Score:1)
1)Kirmese, one of the Xfire's management, worked for Yahoo and came up with the patent in question while in Yahoo's employment.
2)Whether the implementation of connecting gamers through messenger programs under patent 6,699,125 is really enforceable.
Yahoo is concerned about a former employee using an implementation of connecting gamers together through a messenging service. Somehow, I suspect the patent itself might fall within prior art. The patent w
Re:And here's my dupe reply; Past Employee\Prior a (Score:1)
I think that replies to both articles posted here and in the previous reference seem to miss the nuances when invoking prior art.
For instance, one had mentioned a "Play Quake" option in ICQ around 1996. Several talk about Battle.net. I'm not certain both are implementations of the Yahoo patent.
Look closely at the patent flow chat (Go to Gamespot article, "view slideshow", second image - press next).
One person starts a game, sends a message using an instant messenger program to an invit
A plague on both their houses! (Score:1)
Is it the theory or the implementation? (Score:1)
Defensive patenting (Score:4, Insightful)
All seeing eye had this for years, then yahoo just (Score:1)
Anyone find it strange that Yahoo just brought ASE?
Plus, most INGAME clients have this as well, at least, and steam....
Im sure theres many more, but i dont see the point in listing them.
One word answer (Score:1)
Next question, please?
Patents... Shmatents (Score:1)
Is someone going to invent patents such as "the ability to take food and put it into your mouth" and companies could sue everybody?
All Seeing Eye (Score:1)
Sue the USPTO (Score:5, Interesting)
Has anyone considered a lawsuit against the USPTO for issuing frivolous patents, hence necessitating enormous legal costs for the patent "infringers"?
It seems to me that the answer to all of these nightmare software patent cases stem from a single root-cause: The USPTO and its eager use of the "Patent Approved" stamp.
Furthermore, the USPTO has many internal processes which incentivize approval of patents. This culture of easy patenting costs small businesses and consumers billions -- and reduces natural competition.
Has anyone ever sued or thought of suing the USPTO?
Re:Sue the USPTO (Score:2)
Granted, it's mainly to prevent abusive class-action suits, but nonetheless it's a good start in reforming the legal system. They definitely acknowledge there's a problem.
what? (Score:2)
That can't be! We hate Bush here at Slashdot! He can't do anything right. It's not fair!
sue the individual examiners instead... (Score:3, Funny)
Re:sue the individual examiners instead... (Score:2)
Re:Sue the USPTO (Score:3, Funny)
Then you could turn around and sue anyone who sues someone using a dumb patent they aquired.
I know its recursive, but the idea is just as good as the one Yahoo and company have embarked on.
Re:Sue the USPTO (Score:4, Insightful)
I've been saying this here quite a lot, as I don't see the fairness of the monkeys at the PTO creating a mess that someone else has to pay to clean up (or simply "pay for").
I wish a group of companies that were shutdown, sued out of existence, or whatever would sue the patent office after patents to were used to shut these companies down was proved invalid.
Then the PTO might finally realize software patents are going to be a liability to the PTO.
But there is only stumbling block: apparently there's an idiotic law that says you can't sue the goverment without the government's approval (as if the government 'could do not wrong!'), so we're left with the monkeys stamping everything that comes across their desks.
Maybe I should pay my taxes with bananas this year....
Re:Sue the USPTO (Score:2)
Britain (Score:1)
AIM... (Score:1)
Simple solution (Score:2)
Duh...
IF you're not copying them then your source will show that. If you are... then you teh sux.
Tom
Re:Simple solution (Score:2)
And even if you're not copying from them, you may still be violating their patent.
To infringe a patent you do not have to copy anything. It can be completely your own invention, without ever having heard of the other research.
Re:Simple solution (Score:2)
Tom
Re:Simple solution (Score:2)
Right, but there's no need to see the code to tell if it's infringing the patent or not. For many software patents, including this one, an observation of external behavior is all that's required to verify infringement.
That's because the patent actually covers WHAT is done, and not only HOW. Theoretically, patents shouldn't be allowed to apply that broadly, but today, they do.
Re:Simple solution (Score:2)
How true. The concept of patents isn't entirely bad. It's just that people chose to abuse it severely.
It's like the "take a penny" trays [at least those exist in North america...]. A sound business solution would be to have your traveling employees loot them. You can probably bring in upto $20 a year of free cash money. The take a penny tray is a good idea even though it can be abused.
What I love the most are "de
A question... (Score:2)
Doesn't you have the right for a free (paid by gov') layer in the US?
If you know you are right, what would be the problem with litigation, since the looser pays expenses?
Hmmmm... 2001? (Score:2)
<rant>F@#$@ idiots at the PTO!</rant>
Text-based world (Score:2)
Also I do not see any reason why this must be about games. Any similar system even not meant for gaming could shoot down the patent. For example I am thinking about the huge text-based world that was online networking before the advent of Mosaic, in particular services provided by large companies on Prime mainframe
Re:Dupe (Score:2, Informative)
Re:cas (Score:2)
Why isn't there a frivolous patent infringment classification? It would be cool if XFire had a chance to gain something by beating this case.
Re:cas (Score:3, Informative)
Motion to Dismiss or Motion for Summary Judgment are two ways to get the case taken care of early. Both still require a fair amount of work, because the courts tend not to take someone's word for it that the case is "frivolous." But still, that's how the truely frivolous cases get disposed of -- dismissal or summary judgment.