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Creative Pressures id Software With Patents
Posted by
simoniker
on Wed Jul 28, 2004 11:06 AM
from the patent-this dept.
from the patent-this dept.
Cryect writes "Earlier today it was announced by Creative that they would be adding in EAX 3D sound support to Doom 3, and that they had come to an 'agreement relating to Creative's patented shadowing technique [also known as Carmack's Reverse in some coding circles] and id's cutting-edge 3D graphics DOOM 3 engine.' This seemed somewhat suspicious, almost as if id was being pressured, and a quick email to John Carmack from Reverend @ Beyond3d got this reply: 'The patent situation well and truly sucks... It was tempting to take a stand and say that our products were never going to use any advanced Creative/3DLabs products because of their position on patenting gaming software algorithms, but that would only have hurt the users...' There's also some possible prior art [PPT link] to Creative Labs' patent, from a 1999 talk by Nvidia's Sim Dietrich."
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Ugh, I hate software patents. (Score:5, Insightful)
It is not right. I understand the importance of patents outside of the software industry, I really do. I think that if someone comes up with a clever idea and makes a prototype and intends to sell said object, then they should have a grace period of how long they can be the only ones. I'm up for debate on how long this period should be, but still. In software this just does not happen. You have these companies that are entirely setup with a bunch of patents and they just sue other companies to make money. Talk about shaddy business.
Patent a way to click a button, or how a shadow is rendered, or something just as rediculous is wrong and should not be possible. It hurts the industry more then it helps anyone. It will be aweful to see the rest of the world pass us by because we are unable to innovate because of all the legal mess we have. We have no one to blame but ourselves though.
I hope all of this mess does not affect Doom 3 release date, and it is almost a shame ID did not stick it to Creative. It is nice to see a company care about the user for once to though.
Brendan
Dont worry! (Score:4, Insightful)
This because of different trade agreements where the US is a part (NAFTA, WTO, etc). (using trade as leverage). And also thanks to big companies doing massive lobbying for these kind of laws. We really dont have a good democracy anywhere in the world, since it is money = power.
I recommend everyone to see this movie:
http://www.imdb.com/title/tt0379225/
Parent
Re:Ugh, I hate software patents. (Score:5, Insightful)
A more reasonable term should be adopted for software patents say more on the order of 2 or 3 years. A lot of money can be made in that time frame giving enough insentive to develop without taking too much from the people whom these patents affect.
Parent
Re:Ugh, I hate software patents. (Score:5, Insightful)
Inventions are often hard, and really, if the invention is already out there, it's much cheaper to buy rather than re-invent, but if you put the effort into inventing parallel (or without any knowledge of) a patented invention, why should you not also get protection???
Parent
Re:Ugh, I hate software patents. (Score:3, Insightful)
Re:Ugh, I hate software patents. (Score:4, Interesting)
But patents rarely fully disclose exactly how the invention works, and as we know, the devil is in the detail. I think a lot of people skilled in a particular art would find it hard to re-create an invention from it's patent - indeed, there are many patents for things that do not work.
Patents are protection for ideas, but ideas are worthless when implementation is everything, which is certainly the case in software. Implementations are adequately protected by copyrights.
Patents may have meant something in the dim, dark past when people patented physical inventions that worked, but now....
Parent
Re:Ugh, I hate software patents. (Score:3, Insightful)
Those who can, do. Those who can't, patent.
"I don't have the technical skills necessary to make a product out of idea x, therefore I'll patent it, and make sure that nobody else can make a product eithter."
I think the comparaison was with the "dog in a manager" fable. Patents are for people who want to prevent others from creating things.
John, just do it! (Score:5, Insightful)
Have to agree, I would love to see iD remove support for Creative soundcards, or at least offer enhanced sound support for any other brand. Maybe then the asshats over at CL will see what happens when you bite the hand that feeds.
I wonder which boardroom genius decided to threaten the company behind the most eagerly awaited game of all time, when game players are one of the biggest buyers of your products. Fuck Creative; I was looking to buy a new Audigy card this month, absolutely no chance now, I'm looking elsewhere...
Parent
Re:John, just do it! (Score:4, Informative)
Nvidia Soundstorm. The Audio solution that comes with the Nforce2 MCP-T. And it's a Nvidia Product, So ID Getting full support From Nvidia would be easy as Pie since both companies like each other so much.
There's also VIA's Vinyl Audio Solution, as well as Analog Devices Soundmax.
Parent
Re:Not just software patents (Score:5, Interesting)
Unfortunately, other areas of audio have suffered. There is no "OpenGL" of 3D audio because Creative owns all of the patents from its acquisition of companies like Aureal and Sensaura. They will always have the one-up on 3D audio performance over their customers, and any improvements will be at their own pace. PC audio has been so stale over the last few years. It's sad to see that it's come down to this, but literally; PC audio has gone virtually nowhere because of patent issues like this. This issue with their (stealing) patenting of Carmack's Reverse really shows why we are probably set-back several years in terms of a truly awesome 3D audio experience.
Parent
Re:Not just software patents (Score:5, Informative)
OpenAL? http://www.openal.org/
Parent
Re:Not just software patents (Score:3, Interesting)
Probably not. The advantage that sound cards have over integrated stuff is that the integrated stuff uses CPU power. The PCI cards have full fledged DSP's on them, and the drivers usually offload a lot of work to the card (hardware acceleration). This advantage is slowly going away, since CPU's are so massively powerful nowadays, and noticeable sound quality only gets so good.
Re:Ugh, I hate software patents. (Score:4, Informative)
From the creative web page:
Phil O'Shaughnessy
Director of Corporate Communications
poshaughnessy@creativelabs.com
Lara B. Vacante
Public Relations Manager
Lara_Vacante@creativelabs.com
Jennifer Ellard
Senior Public Relations Specialist
Jennifer_Ellard@creativelabs.com
Katie Meyer
Public Relations Coordinator
Katie_Meyer@creativelabs.com
Parent
patents (Score:4, Funny)
Friend or Foe? (Score:5, Funny)
"Working together with id Software, an industry icon, provides Creative with an exciting opportunity to enhance one of the hottest game engines around," said Hock Leow, CTO of Creative Technology. "We look forward to the challenge of implementing EAX ADVANCED HD Multi-Environment technology within the Doom 3 engine, and subsequently working with id to make these enhancements available to their licensees. We are also pleased with the agreement relating to Creative's patented shadowing technique and id's cutting-edge 3D graphics DOOM 3 engine."
Hmm, this press release seems rather pleasant in tone. I don't get the impression that they were coerced into anything. When I check id's website [idsoftware.com] though I don't find the press release on the front page, nor do I see Creative listed in their "Friends of id" section [idsoftware.com]. Perhaps they are just a bit behind on updating their website while working to release Doom 3 on time?
Surprise? (Score:4, Insightful)
Is a press release ever NOT pleasant in tone? Of course it's pleasant; if id is being legally pursued by Creative they wouldn't print a press release saying, "Creative can blow." That kind of talk is saved for plan files, not press releases.
Parent
If Carmack won't take a stand, who will? (Score:5, Insightful)
Sadly, if Mr. Carmack won't take a stand against evil software patents, I doubt anybody will, or will at least do so successfully.
Think about it. John Carmack has influence and money. People will continue to buy the games id makes, whether or not they use this patented technology. Sure, they might be slightly slower, but considering all the other optimizations id is famous for, it's unlikely anybody would notice.
If a free software project wanted to challenge a patent like this, it wouldn't stand a chance. With no money, it couldn't defend itself. From the other side, the companies that have more power than id simply don't care to take a stand on issues like this.
I can't help but feel that Mr. Carmack wimped out of this fight. Saying that it hurts gameply is just an easy out. Would people really have noticed?
Maybe it's not too late. Maybe if enough people speak up about this, either id will decide to reverse their decision, or Creative will back down and make their patent available royalty-free.
Re:If Carmack won't take a stand, who will? (Score:5, Insightful)
Parent
Re:If Carmack won't take a stand, who will? (Score:5, Insightful)
Are you kidding me?
Gamers will spend $400 on a video card, more than it would cost to buy an Xbox AND a PS2, in hopes of getting an extra handful of fps in 3D Shooter Game #837.
Parent
Prior art (Score:5, Interesting)
Reply Quoting This MessageEdit Message SimmerD Member since: 1/5/2003
Posted - 9/21/2003 6:50:03 PM
Don't worry about it fellas. I described this technique publicly a few months before they filed the patent - hence Prior Art. Ironically, it was at a Creative Labs developer's forum.
During my stencil buffer talk, I described doing shadow volumes the 'reverse' way. At the time, I didn't realize the major reason why the z fail method is better than the z pass method, although I did realize they were logically equivalent, which is why it's now known as 'Carmack's Reverse' and not 'Dietrich's Reverse'!
Too bad... (Score:4, Informative)
-truth
Parent
Re:Prior art (Score:5, Informative)
a person shall be entitled to a patent unless -
(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
It is difficult to prove "known", however the talk could be considered a printed publication if it was readily accessable to the public. A paper which is orally presented in a forum open to all interested persons constitutes a "printed publication" if written copies are freely disseminated. Massachusetts Institute of Technology v. AB Fortia, 774 F.2d 1104, 1109. Also see MPEP 2128,2132
Parent
Re:Prior art (Score:4, Informative)
Parent
Future source code release. (Score:5, Interesting)
I wonder if this will affect the release of the Doom 3 source a few years from now? Can patented code be released under the GPL?
Dan East
Re:Future source code release. (Score:5, Informative)
This was done w/ Doom.
Parent
Re:Future source code release. (Score:3, Insightful)
well then... (Score:3, Interesting)
Creatives drivers for SB (Live or whatever) always caused only headache on multiprocessor machines. I realized how limited (and poorly writen) their drivers are after switched to kX drivers. Now marketing dep @ creative reached total lows
I dunno about rest of the
Re:well then... (Score:3, Informative)
http://www.techreport.com/reviews/2004q3/p h ilips-u ltimateedge/index.x?pg=6
For consumer music and movies, CPU usage is much less of an issue. For these uses I would recommend a M-Audio Revolution. It uses the VIA EnvyHT chip and supports for 192/24 resolution throughout the signal path.
Ask Slashdot (Score:4, Insightful)
My own take: Not very. They're about the only game in town when it comes to fancy-pants gaming sound cards. The thing is that a fancy pants gaming soundcard is not very important to me. Don't get me wrong I'm a pretty big gamer, but who really wants a computer desk coverd with a dozen speakers and the attendant wires? I haven't had a creative soundcard since the early soundblaster days. Creative products apart from soundcards? They just re-badge other people's stuff. I'd consider the RIO mp-3 players, but rio isn't creative anymore, right? I haven't had anything from creative in years, and I haven't missed it. Even as a computer gamer. The $20-$30 econo soundboard has been fine for me for as long as I can remember. I think my 486 might have had a creative board. Maybe.
What do you guys think? When you're putting together a setup what do you think about when it comes to soundboards? Do you have to have the best one? How much do you usually spend? Do you really love the 3d sound? Have you GOTTA have the latest pimptastic creative soundboard for like $250? Some people need super awsome soundboards because they make computer music, but then the creative boards aren't the ones you want anyway, right?
While the fury of
Will Carmack change his mind about patents? (Score:5, Interesting)
Now that he's been burned, I wonder if he'll start filing them as preemptive measures. I hate software patents, but I would if I were him.
Re:Will Carmack change his mind about patents? (Score:5, Informative)
If they filed for the patent within one year of the release of the technique, then they could patent it. Yes, with our system, someone can invent something, decide not to patent it in order to let others use it, someone else can see the invention, patent it, and force the original inventor to pay to use it.
Parent
Source code to Doom3? (Score:4, Funny)
Man, it'd suck spending years writing a game engine from scratch, then having some numb-nut lawyer tell me that someone else owns a part of it.
And I am a numb-nut lawyer!
I stab at thee (Score:3, Interesting)
With this advanced audio appearing on most of Intel's new boards, it would seem to me that Creative's market is disappearing.
Re:I stab at thee (Score:3, Informative)
A few years back Intel starting selling toys and peripherals. Those bombed.
Now Intel is starting to sell integrated audio on its boards. Maybe this time it will work, maybe Intel will dominate, but I doubt it.
Intel makes its money on CPUs. Anything that takes work away from
Intel has the highest volume shipments (Score:3, Informative)
http://news.com.com/Intel%2C+AMD+market+shares+re
I why I hate, why I use Creative's cards... (Score:5, Interesting)
That ploy didn't work as everyone simply used servers in Europe or Asia to download the drivers and software.
But still to this day you need the original driver off the CD that came with your hardware. If you try to use the latest downloaded drivers, they'll tell you that there is no Creative hardware installed.
What purpose does this serve? I've bought the hardware, they have my money, why be stingy with the drivers? Every other hardware manufacture lets me simply use the latest drivers WITHOUT installing the old drivers first.
Why do I still use Creative's audio cards? Normalization. It's a feature buried in Creative's EAX, but it makes all MP3s (actually all sound files) the same volume. Thus, every computer in my house has a Creative card in it so I can access my MP3 collection from any where in the house.
Does any other sound card maker have a feature similar to Creative's normalization? Or did Creative patent that too?
Re:I why I hate, why I use Creative's cards... (Score:5, Informative)
Also, digging around the site, if you do find one of those other programs to download.. when you try to run them, they say they can't find an older version to update and force you to quit.
As for normalization, I wouldn't leave that up to your soundcard. Use a decent audio player like FooBar2000, and set replaygain levels on your tracks. Enjoy the stability.
Or, if you want, buy the OctiMax plugin for Winamp2/5.. it's a multiband compressor/limiter, and does a pretty good job at keeping things steady. I use it for radio broadcasts, or LAN parties.
Parent
MP3Gain (Score:4, Informative)
Cheers,
Toby Haynes
Parent
Do we need Creative any more? (Score:3, Interesting)
I'm not an audiophile, but for games like Doom 3 etc. if a motherboard already supports digital 5.1 (or greater) is it really necessary to go out and purchase a Creative card? Will said on-board audio provide sufficient quality for 5.1+ gaming? I'm building a gaming system to replace my aging first-generation Athlon and am not sure whether or not I should throw a sound card in the mix, too.
Carmack's love for Creative goes way back... (Score:5, Interesting)
Some harsh words were exchanged, and the guy basically told Creative to go F themselves. Not long after the guy releases Doom and the rest is history.
Creative changed their policy shortly thereafter and created a developer support department to help out the small developers. A little too late, IMO.
But the real clincher was when Creative launched their new product at the time, the AWE32, with loadable Soundfont technology. iD was getting close to releasing Quake, and Creative really wanted to get iD to support their new technology.
But Carmack, remember how he was so fondly treated, and basically told Creative to suck it, again, and Quake was released without AWE32 support.
The AWE32 never really took off, and neither did their Soundfont technology.
So I am a bit suprised that Carmack agreed to use their technology, but it does show everyone where his alliances lie. To the fan and consumer.
Kudos to Carmack.
Anyways, goes on to prove, that the toes you step on today, may belong to the ass you have to kiss tomorrow.
Kind Herb
"Whether you suffer from glaucoma, or you just rented The Matrix,
medical marijuana can make things fabulous, medically!"
-- Homer J. Simpson
innovation through litigation (Score:3, Interesting)
After installing a reasonably good Asus motherboard in my latest gaming rig, I figured I'd live with the on-board audio (which I assumed to be a piece of crap) because the extra $150 or so for an ub3r SB card would have stretched my toy budget.
Ya know what? The onboard 5.1 sound (by some quasi-generic manufacturer) works quite well, rendering the positional audio of games without killing the CPU, and it handles both stereo and surround sound nicely. I've got both digital and analog in/outs, headphone jack (without the trademark Creative crappy-ground-whining-noise)..
So I can live with a perfectly useable solution and spend the $150 on new clothes for the kids - or something *really* important - like a new Dremel.
Or, I can shell out $150 for a sound card that doesn't really give me anything new, plays havoc with my hardware, and installs 80 varieries of spamware on my PC before crashing it.. Gee, let me think.... I'll skip the SCO.. I mean, Creative, hardware.
John Carmack stick it to Creative! (Score:3)
Creative is crap. Crappy products, crappy drivers, crappy support. In fact, I've heard that some of their drivers aren't even downloadable anymore.
Please please please go back on your decision and go with your CPU based audio instead of their crap.
I pledge to buy two copies if you'll do this, otherwise I'm only buying one!
Email Addresses to Voice Your Opinion (Score:5, Informative)
Director of Corporate Communications
poshaughnessy@creativelabs.com
Lara B. Vacante
Public Relations Manager
Lara_Vacante@creativelabs.com
Jennifer Ellard
Senior Public Relations Specialist
Jennifer_Ellard@creativelabs.com
Katie Meyer
Public Relations Coordinator
Katie_Meyer@creativelabs.com
playing with fire... (Score:4, Interesting)
I admire the folks at id Software, for all the usual reasons. I have no problem with any company contacting id Software and requesting that their proprietary technology is supported to improve a game. What I thoroughly dislike is the concept of software patents. What I dislike even more is the use of software patents as leverage. What frankly pisses me off is someone using software patents to threaten a company like id Software, who selflessly contribute a ridiculous amount to the development of computing, both directly in releasing unpatented software and indirectly by driving the take-up of new hardware and software technologies in their games. Doubly so when it's a distinctly uninnovative company like Creative Labs.
The only way a regular gamer like myself can punish a company is by refusing to buy it's products.
Are there any credible gamer-centric alternatives to Creative Labs' products?
I will be doing some research now, and if there are, CL will have just lost a customer. I have no problem with throwing a few hundred dollars in a different direction every year or three. Hell, I'd even be willing to donate money to id to have them say "see you in court" to the spineless worms.
Historical precedent (Score:5, Interesting)
Anyhow, there is precedent for this type of stupidity. Believe it or not the American car manufacturers at one time paid a patent holding company for every car they sold. Ford challenged the patent and the court ordered the holding company to build the car for which they held the patent on. Needless to say the car was a dismal failure and the patent was overturned in 1911.
http://inventors.about.com/library/weekly/aacarss
burnin
Parent
Re:If I was Carmack.... (Score:3, Informative)
No that would just cause owners of creative cards to get pissed of with id. Creative has a slightly higher market dominance then Doom 3 does ;)
Re:If I was Carmack.... (Score:4, Insightful)
You'd have to check which card you're using, not just blindly screwing people who have a Creative chip hooked up to their PCI bus....
All in all, more problems than it solves.
Parent
Re:The sad part is EAX sucks compared to Aureal (Score:3, Interesting)
Aureal made the same mistake 3dfx made. It decided to sell its own cards instead of licensing the technology to OEMs. That was asinine.
Re:September 2004? (Score:3, Interesting)
Most magazines use 'on date' dating, where they get put on the shelf when the date listed on them comes up.
Why the difference? Tradition mostly. The argument is that computer magazines need to seem as new as possible (cos the tech changes), moreso than most other magazines. Thus once one magazine went with 'off date' naming, the rest followed
Are you kidding? (Score:4, Funny)
Of course, this would have constituted conspiracy to commit murder in some jurisdiction or other, because if he had done so he'd know damn well that every CL executive would have been found dead in their beds the next morning.
Messily dead too.
Parent