In continuation

Perhaps you noticed it, perhaps not. The last article was left a little unfinished. I had to do this because we are faced with two separate parts and I needed to isolate a few things, leaving you with the idea that this was it, alas (or fortunately) it is not!

In the past we saw that software required to pass “a manner of manufacture”, the linked issue of physicality, which is one I do believe in. It is for that reason I still consider the article by Ben McIniery ‘Physicality in Australian Patent Law‘ (at Deakin law review) to be the article that everyone in IP should read. It is an absolute must in the field. The article opened my eyes to a few parts of IP. On page 465 He goes into National Research Development Corporation v Commissioner of Patents (1959) 102 CLR 252, where we see “the High Court explained that the patentable subject matter inquiry is a broad test that recognises all new and useful innovation as patent eligible, irrespective of whether it involves a physical embodiment or a transformation of physical matter“.

This is where we are now. The gaming industry is only one side of it, the mobile data and mobile device market is the big one. No matter how much you see how mobile markets are worth hundred, two, three or even four hundred billion. As I see it, the mobile device market has now passed the 1 trillion dollar mark. As the people involved are looking at ‘their’ corners, the overall interaction market, including apps, data and hardware has exceeded a trillion dollars. So why does this now matter?

This is at the core of it all. The new games are only one side, the other side connected to all this is the value of data. There was a reason that Microsoft paid 2.2 billion for a videogame. The massive connection here is not just the data, it is the collection technology that you can link to it that matters.

Software was taken to satisfy the requirement for patentable subject matter; that is, it was “a manner of manufacture”. As articulated in the watershed NRDC decision, it is a mistake to ask if an invention (in the present context, software) is a kind of manufacture because it tends to limit one’s thinking by reference to the idea of making tangible goods by hand or by machine. Rather, the correct emphasis is that the application of a manner of manufacture results in an artificially created state of affairs, and that a manner of manufacture has an industrial, commercial or trading character in that it belongs to a useful art, as distinct from a fine art, and consequently its value to the country is in a field of economic endeavour. Software would appear to satisfy that requirement. Apple found that out the hard way, when it ‘learned’ that Smartflash owned the patent (at http://www.reuters.com/article/2015/02/25/us-ip-apple-verdict-idUSKBN0LT0E720150225), the bandage for that pain has been set at half a billion dollars. Here we see the link to both gaming and mobile devices.

The hottest ticket in the gaming industry is not just the game, it is the one who gets the race horse right on cross platform workings. So, a person on an Xbox One meets a person on a PlayStation 4 and they both fight it out ‘Doom’ style, who is the baddest, deadliest and most determined player on his console? That is currently not an option to the extent it should be. If you think it is easy, than think again, Bethesda with its Elder Scrolls online has not been able to bring that baby to life (Neither has Diablo 3 for that matter, who has a lot more experience in this field).

The jackpot value goes up even more when we consider the Android and IOS devices. Cross platform is the one ticket (read: patent) that once solved will hold the trump card to instant super wealth. Leave it to greed to properly motivate innovation, but that is usually the case.

So as we see the E3 to the largest extent about gaming. I am looking at it from the additional view of Intellectual property. If you have read yesterday’s article called ‘As the heart thumps‘ (at https://lawlordtobe.com/2015/06/15/as-the-heart-thumps/), you might wonder if there is a reason behind my focus on the navigational view of Elite: Dangerous. Now consider the design patents that Microsoft holds and consider the Elite HUD in a car window as a heads up display. It is the next step. You see, several players (read: car manufacturers) have been looking at implementing something like this, but the costs were scary. Now consider Corning’s Gorilla Glass technology solutions, not just to be a stronger screen, but a screen ‘film’ solution on the inside of the glass linked to a device that feeds the screen, whoever holds the quality design patent here will make a killing. The ‘technology’ that we saw in games for HUD, is technically already possible, now it only needs one clear implementation with the right patent and that person is sitting on the platinum patent. That same train is linked to interactive data transfer and consolidation cross platforms. Not what you think already exists (like feeds to every device), no, I am talking about true bi-directional interaction of the mobile world. We are getting closer, but we are not there yet.

In gaming terms, we are talking interactive intelligence versus scripted moments. The bulk of all games still rely on scripted moments. When you walk into a door, a new house, or meeting that ‘special’ character in the game. Games are full of that, no it is the intelligent design, regardless of moment, character or location that decides the interaction. That will be the upcoming frontier. Yes, you might think that this is about gaming, which is partially true. Yet that part is one step away from intuitive marketing; to reach any person regardless of device, location or state of travel, the holy grails of Direct Marketing and the Business Intelligence field is pursuing. You see, when we travel we tend to be decently idle. That is the moment marketing could hit us square in the face, possible resulting in us pressing the ‘buy’ button. That is as I say the platinum patent that allows for almost instant wealth beyond measure. Most of the technologies exist in generic form, whoever delivers the focus narrow enough to get set into patent will be holding onto the Chalice of Avarice.

In all this, the IP market remains in development, in addition, these events with added complication of what the TPP will offer large corporations is centre as to why I had an issue with the TPP. It gives unbalanced strength to large corporations, whilst diminishing the efforts of small innovators and it is the latter part that is most likely to come up with the golden idea, which was always my issue against the TPP.

So, when you take another look at what the E3 offers in gaming, consider how much bigger the net is that could catch options in other parts and other business segments.

 

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