Posts tagged Court case
Japanese developer Level-5 have responded to Sega’s allegations that the Inazuma Eleven games that appear on the Nintendo DS violate two of Sega’s patents. Via an official statement made on their site, Level-5 state that the specific touch controls Sega are referring to were only featured in the very first Inazuma Eleven DS game which was released in 2008, a year before Sega received its first patent, and two years before the second.
Level-5 also stated that the type of controls Sega are highlighting has always been a basic mechanic found in a large host of other DS games by other developers and that “Sega’s lawsuit could restrict choices in gaming from here on out as well as hindering the growth of the game industry.” Level-5 plan to settle the dispute in court with Sega.
Level-5 make a good point, in my opinion, however it would be mighty foolish and irresponsible of Sega to make such a bold claim if they didn’t think they were correct. It will be interesting to see how this will unfold, but until then be sure to let us know what you think in the comments section below.
Sega is suing Japanese developer Level-5 over what Sega claims to be violations of two separate patents. The patents in question concern the DS titles in the Inazuma Eleven series and “the manipulation of a character in game with the usage of a stylus or one’s finger.”, but more specifically with regards to football games as shown in the image above.
Not only do Sega seek ¥900 million ($10.9m/ £6.76m) in damages, they also demand that sales of all eight currently released Inazuma Eleven games be completely blocked.
I’m no lawyer or patent expert, but it’s difficult to say whether Sega have a case when the dispute concerns something as broad as the swiping of a DS screen. However, patents are patents and if Sega’s are clearly defined, and Level-5 are indeed in violation of those patents then it would spell trouble for the popular RPG football series. Played an Inazuma Eleven game? Do you believe Sega have a case here? Hit the jump to see the entirety of the Sega’s patent diagrams and let us know what you think in the comments below!
In slightly serious non-videogame related news, Sega has been awarded $10,000 in a lawsuit against pirate site MAPHIA. Said site apparently “allowed for, and actively encouraged, the upload and download of unauthorized versions of copyrighted Sega video games.” Of course this site wasn’t like any other torrent site as the creator and owner of MAPHIA, Sherman was by game copiers, thus making him liable.
What won the case in the end was the matter of trademark infringement because the Sega name and trademark was used on the site. In the end, the courts found “a likelihood of consumer confusion regarding the sponsorship and origin of the game files available” making the piracy site liable and apparently guilty.
Obviously it’s not that simple but that’s the basic low down. What do you think though? Was this justified or is the concept of piracy a much more confusing problem to tackle in the first place? Let me know in the comments.
[Source: Shack News]