Sony to Sue Connectix 160
Millennium writes "By now you've all probably heard about Virtual Game Station, the Playstation emulator by Connectix for MacOS. Well, it appears Sony isn't too happy about it. They've filed for an injunction against Connectix, and are planning to sue for intellectual property rights violations. It looks, however, as though the law might not back Connectix up on this one. Either way, it looks as though this case could well bolster or destroy the emulation community, so it's one to follow. " Initially I sided with Connectix, but the more I thought about it, the more
complex issue I realize it is. Let me know what you think. Update: It seems as though the IGN story is a rumour - my apologies.
Net Yaroze (Score:1)
Depends, I suppose.... (Score:1)
how do you claim to own an API? I'm sort of
shocked that the companies that produce games for
the Playstation aren't upset at this -- this can
only increase their potential market.
Anyhow, I think this is bull; imagine if Bill
Gates were to sue a company whose software allowed
you to emulate Windows and run Windows
applications on Linux (aka, shut down WINE through
whatever means). This isn't that different; Sony
enjoys a monopoly in the sense that if you want to
play certain titles, you must own a playstation.
----
Sony is in the right here (Score:1)
It's one thing for Joe Random guy to make an emulator, however it is quite another to make a product to sell. I'm all for free software, but people have to make their money somewhere.
Sony is WRONG (Score:1)
Sure it is. Windows runs MacOS binaries every bit as well as its native binaries.
"Revenue for Sony" (Score:1)
Profit != Retail Price
Profit = Retail Price - Numerouse Middleman Cuts - Cost of Goods. With the PSX, I'm almost sure that COGs > Retail Price alone. Sony LOSES money on the consoles.
Yo, Holmes! (Score:1)
Howdy. I'm A GREEDY SCUMBAG EVIL PIG FASCIST. I really don't give two shits about Playstation. Playstation is merely one of dozens of ways Sony Corp has at its disposal to separate people from their money and time. I'm not "deeply harmed" by their attempt to hoard their IP; I'm thoroughly unmoved.
But having said that, and not having read the particulars of the case, I support Connectix in this if all they've done is reverse-engineer the thing. That's surely not the same thing as out-and-out theft of IP.
Standard disclaimer: IANAL.
--
Sony fears for the future... (Score:1)
The model that sony/nintendo/sega work under demands that the system be as closed as possible...
The programming tools have to be bought from them.
The distribution has to be handled through them.
Anything that threatens this model by opening up the distribution of games or the ability for non-licencees to develop games will get lawyers thrown at it.
They don't care if a few hackers throw some freeware project together... that's not a mass market threat... Connectix's product is. It could set a precident that sony doesn't want to deal with...
PS. Those who counter that this practice is evil... ask yourself why you can buy a console cabable of generating near-pc quality graphics for less then a good video card...
--
OG
Depends on development model in part (Score:1)
This could be very interesting, considering the work by some to get rid of emulators for a lot of the old platforms.
proof that RMS is right (Score:1)
I can understand people having problems with software patents as there's a lot of duplication of code/effort out there, but hardware patents are a much different thing. You can patent a particular implementation of a hardware system, but you can't patent the generic system idea. Hence AMD, Cyrix, etc. If I develop an idea for how to do something in hardware, I'm gonna patent it. If someone copies my way of doing it, I'll go after them. If someone comes up with another way to do the same thing, more power to them.
IP laws exist to prevent slimy cretins from getting rich off of other people's hardwork. It doesn't always work out quite that way, and there are some problems with it's current implementation, but IP law is not inherently evil in anyway.
I'd think that if you ever patented something, you'd want to take advantage of the protections it affords you, but I highly doubt you'll ever even have an idea worth patenting.
Incidentally, a lot of people have gotten rich off of slaughtering other people. It's the American way (tm).
No Subject Given (Score:1)
What if Cavemen had patents? (Score:1)
limited minds... (Score:1)
For ages, it also was nigh impossible to cheaply and easily profit off of the work of others. Books could not be quickly and easily produced until the rise of the printing press. Music could not be copied until the rise of the record. The rise of the Industrial Revolution made the mass production of nearly all consumer goods possible. The Digital Age has made it possible to perfectly copy another's work, label it as one's own, and redistribute it with astonishing speed.
I know this from personal experience. I was commisioned to produce graphics for a fantasy rpg along with a couple of other people. One of the other people producing graphics stole the graphics I produced and received credit and payment for the work I did. Because it was my word against his, and he wasn't going to fess up, I had no real way to receive restitution. The game never ended up shipping, but I still lost out. If I had some way of effectively watermarking the image and not having to worry about someone altering that watermark. Have you ever actually been involved in an IP-related dispute?
> since many ideas children have tend to have
> more merit than those of their older
> counterparts;
Interesting statement, considering the older counterparts can (and do) get away with taking credit for the works of younger coworkers and because of their reputation. But such is the nature of research.
Fact is, the idea of eliminating IP law as we know it is supported almost exclusively by academians, who are used to the free exchange of ideas and whose motivations are other than monetary in nature. To suggest that someone would change his opinions if he wasn't in academia is an observation of human nature not an insult (unlike your assertion that I'm some FUD-spreading, unenlightened troll). The world isn't a meritocracy. The world is driven by money and power and greed. Your landlord (or perhaps bank, unless your among the lucky few that truly own their residence) could care less about your contributions to the Linux kernel if you can't make your monthly payments.
The world is a greedy ugly place. Face it. Honesty won't get you very far when you're dealing with a liar.
Even if you support copyright... (Score:1)
Even if you support copyright... (Score:1)
perhaps you forget that some people have no care about reputation. only honorable men operate by honorable principles. others will take advantage of every loophole possible. your argument seems to include the acceptance that people will be taken advantage of, and there's no reason to try to prevent it.
I am willing to acknowledge problems in current copyright law, however I fail to see how the existence of copyright law mandates a heavy handed government presence in the lives of the citizens. If government interference is your main concern, there are far greater issues to worry about. However, nothing I have seen has yet to convince me that IP law must be destroyed.
If you play the game... (Score:1)
I say, if you're in the proprietary game, you lose when you lose. Someone leak your secret? Did someone reverse-engineer your work? Too bad. You can't sanely tell your customers that by using your product they're now not allowed to be curious, or even have _similar_ ideas. You can't use law to force other bright, motivated people from looking at your work and trying to do better from their own fresh start. Sony built their house of cards, Connectix just brought in the winds.
Reverse Engineering == IP Theft? (Score:1)
Aleks
Sony is in the right here (Score:1)
Sony is in the right here (Score:1)
Too Bad for Sony (Score:1)
So here they have this audience of ravenously hungry gamers who could go out and buy a bunch a games. Probably controllers to, if they had UDB versions of them.
But no, like so many IP freakouts, this isn't about partnering, it's about protecting. And IP law is so screwed up that if you don't protect like a madman, you can set precedent to lose it. Ick.
My prediction is that they'll at least win the injunction.
Too Bad for Sony (Score:1)
Recall Atari 2600 emulator for ColecoVision (Score:1)
This is what also protects WINE, SoftPC, MAME (the emulator, not the ROMs), Linux (a UNIX clone, ne?)
Sony is treading in the dung here. (Score:1)
There is no intellectual property violation if you independently create this technology from scratch.
Things like machine instruction sets, programming languages, application interfaces, data formats
and communication protocols are not intellectual property, only their implementations are.
There ain't no WIPO yet.. (Score:1)
If Connectix specifically signed an agreement with Sony saying they would not reverse engineer their product.
If Connectix was given the Playstation API from Sony with Sony's explicit understanding that Connectix was using the API only to develop games.
;)
Otherwise, Connectix is well within its rights (so long as <FASCIST>WIPO</FASCIST> doesn't pass) to reverse engineer the design and develop their own (alternative) implementation. Where would we be if there wasn't an alternative (royalty free) implementation of Unix?
Razors and Blades! (Score:1)
Sony don't make their money on the PSX!
In fact the rumors are that Sony LOSE money on every PSX sold.
Where they make bucketloads is the commision from EVERY game sold for the PSX!!!!
Now, 800,000 imacs...
They'll be buying PSX games! Sony get $$$$ from every game sold! To every VGS owner!
And they don't have to lose money on the PlayStation for it
Its really a win/win situation.
Macs get games,
Sony gets $$$
What's to complain about?
Connectix also make VirtualPC... (Score:1)
Which is god damn perfect!
And MS tried to decline them a windows license... and lost
Now they have a PSX Hardware Emulator.
A Hardware emulator emulates the hardware... NOT the API...
I don't know if VGS is a hardware emulator... BUT VPC *IS*
.
THey also have a JavaVM they are working on. And this one is a REAL virtual machine
Connectix know how to write virtual machines
Their VPC emulator can run about 9 different PC oses!!!
This would be true, but... (Score:1)
Yes, I know about the burned CD crack. But you can get a mod chip for a "real" PSX for ten bucks (it actually does cost this; I know a Hotline site which sells them) and get the same effect. Piracy was an issue long before this came out, and will continue to be an issue even if the emulator is destroyed.
Not necessarily... (Score:1)
It takes lots of computing power to do it, but emulation can be faster than the real thing.
PlayStation emulation (among others) (Score:1)
This is obviously a bit different in that a working piece of hardware has been emulated on another piece of hardware but the same principles should apply.
1) Some CPU core (MIPS?) was emulated in hardware, this has been done in the past and I haven't seen any suits brought about because of this. This wouldn't be Sony's fight anyway, it would be up to the owner of the CPU core.
2) A variety of proprietary ASICs were emulated for things like 3D rendering, sound, memory access etc. Sony may have a case here, especially if they can prove that reverse engineering was applied. There may well also be patented algorithms involved.
3) Software was emulated or reproduced as well. This is a touchy issue since if they can prove that any of the code was directly copied from the ROMS then Connectix is very much in trouble. I don't know how much program code is contained in PlayStation hardware v.s. the CD containing the game code, I don't have one of the beasts.
4) Connectix did endeavour to adhere to all the Sony PlayStation CD restrictions, or so it would appear. For instance the machine will only play North American games and doesn't (as far as I know) support reading in CD image files. This is probably good for Connectix, since they can maintain that they haven't harmed Sony's financial position (all or almost all gaming consoles are sold for less than the hardware and licensing costs (things like RAMBUS cost money to use, Sony PlayStation uses this)) since consumers still have to buy or rent PlayStation CD's.
Overall its a bit different than the problems facing MAME. The legal issues there are completely involved with the current license holders for the various games exposure to potential financial harm or watering down of copyright status and so on.
I hope that Connectix makes out OK with this, even if they have to pay some small licensing fee to Sony. A loss here could put a lot of things in jeapordy such as any emulation technologies (Virtual PC, WINE etc.) It's really hard to say since due to the length of time it takes to become a judge very few are technically literate. Also since most come from a fairly similar background (very few people from poor or even lower middle class families ever become a judge) justice isn't always quite as blind as its supposed to be.
Shouldn't Sony Encourage Emulation? (Score:1)
Its not the system... (Score:1)
Virtual GameStation (Score:1)
Even if you support copyright... (Score:1)
--
Aaron Gaudio
"The fool finds ignorance all around him.
didn't we go through this decades ago? (Score:1)
"I wasn't copying it, I was just examining the grooves on this cool new coaster I paid $40 for."
--
Aaron Gaudio
"The fool finds ignorance all around him.
No Subject Given (Score:1)
1. If their rights are infringed, why isn't it a crime?
2. Aren't AMD and Cyrix criminals for making Intel-compatible chips (apparently Intel, from time to time, thinks so).
3. Aren't every 80's non-IBM PC manufacturer criminals for using a bus that was reverse engineered from the IBM PC (and thus led to the "PC revolution")?
--
Aaron Gaudio
"The fool finds ignorance all around him.
proof that RMS is right (Score:1)
copyright is the source of the next war on drugs.
information is free, the only question is, are you?
__
Sony is in the right here (Score:1)
it's pathetic, but it's the natural result of intellectual property law. there is a better way: ipnot [ipnot.org]
__
Even if you support copyright... (Score:1)
__
Even if you support copyright... (Score:1)
__
Even if you support copyright... (Score:1)
a lot of people are afraid that without copyright someone else will get rich of their idea. but argument applies to that other person too: as soon as they start to make money from an idea, other people will notice and copy it themselves. the result is that everyone gets a little rich from it, and those closest to the creation of the idea get the richest from it since they have a head start.
__
Even if you support copyright... (Score:1)
__
My guess at the reason.. (Score:1)
On the other hand, if Sony had thought of it first they would be promoting it as "the next great thing". Hell, I would not be suprised if they would bundle software with the real playstation.
Elwood.
there off (Score:1)
The chip, because... (Score:1)
---
Sony is right. (Score:1)
Razors and Blades! (Score:1)
If this is the case it is basically impossible to make new games for the PlayStation without Sony's consent, since they won't work without the OS being on the disc, and copying the OS for the purpose of publishing a game would, obviously, be illegal.
proof that PMS is right (Score:1)
and uh...like...yah, chill.
Ports for all, or we sink yer ship. (Score:1)
1)inorder to be covered by copyright, a softwares source code must be available and archived by the government (or government appointed body). This being so no source code will ever be "lost".
2a)to enforce your copyright on another platform you must have a port of it on said platform. i.e. if you don't want to make a Macintosh/Amiga port, you can not complain is someone emulates it(black box rules still apply) or writes a driver for your hardware.
2b)to aid the porters, the gov. will supply before mentioned source/driver specs to aid the individuals in porting the program.
well, this is the gist of what I would like. You give a commercial company 6 months to port or else, if it's the "or else" you have some setup where a group of hackers can go under NDA and port it to any system it's not on yet. The commercial company would still get royalties, but purely based on the same criteria that song writers get thier pay. Of course the ported code would also belong to the commercial company. But god-damnit, I would have X-Com on my mac.
Ports for all, or we sink yer ship. Aie Aie Cap'n (Score:1)
What if Cavemen had patents? (Score:1)
On a side note, I've read that the inventor of the guillotine lost his head at his own device, hows that for irony.
This is a win/win situation (Score:1)
Oh, and Metal Gear Solid kicks ass.
Sony is in the right here (Score:1)
wouldn't be a problem was because Sony loses money on each Playstation unit it sells. They're just sold to create a market for the games, on which Sony collects royalties. Therefore, having a Playstation emulator would only increase the market for which one could write games, bringing in more royalties to Sony. If this model is true, then it would seem that Sony is just being greedy, and is bargaining to get royalties from the Playstation emulator as well as the games.
Depends, I suppose.... (Score:1)
Yeah, I'm really surprised on this one. I was sure Sony wouldn't get bitchy about this but...hey...big companies are picky as hell about their "intellectual property".
>imagine if Bill Gates were to sue a company whose >software allowed you to emulate Windows
Ohh, like, Connectix, for instance?
there off (Score:1)
Get a clue, big guy, Macs are powerful desktop computers that can easily emulate wimpy little consoles with 4 MB of RAM that sell for $150.
there off (Score:1)
Oh really? My Apple IIgs emulator runs a lot faster on my Mac. I run MAME as well, and most of the arcade games are much, much faster on my Mac than they were originally.
It seems I - again - am the one with the clue, and you are just wasting everyone's time. Go read up and learn something about computers, you moron.
Connectix included the Playstation ROM (Score:1)
I don't think the suit will fly.... (Score:1)
There's a big difference legally between using a copyrighted firmware for emulation and a "clean room" developed emulation that doesn't use Sony's firmware code (I believe that Connectix is using the latter).
As others have pointed out here, Sony makes the majority of its money for the PlayStation from license fees on the games sold for this system. In fact, one of Sony's biggest revenue sources is 989 Studios, their own in-house group of game developers. The success of the NFL GameDay and NHL FaceOff series is a big source of pride for Sony, that's to be sure.
In short, this could end up being a big PR disaster for Sony if they try to pursue this suit further.
Could the Playstation Stunt REAL Mac Games? (Score:1)
osOpinion.com [osopinion.com]
I don't know.. (Score:1)
Sony is in the right here (Score:1)
Thomas Cronin
Depends, I suppose.... (Score:1)
the're -- contraction of 'they are'
their -- possesive; "It is their house"
there -- "look over there"
Thomas cronin
Shouldn't Sony Encourage Emulation? (Score:1)
i.e....Give a way the razors....charge a lot for the razor blades.
Sony makes a -lot- of money from Royalties from every game that is sold for the playstation. They probably make more from the games then they do from the players themselves.
Apple sold 800,000 imacs since August. I believe they have sold 1.6 million G3's since their introduction 16 months ago.
That's 2.4 million computers capable of running Connectix's new emulator. That's a lot of new 'playstations' in homes around the world. All these new users are going to be buying playstation games...which will go directly to Sony's bottom-line.
Sony should be applauding not suing Connectix.
Sony is in the right here (Score:1)
...They seem a bit large for my 56K modem
there off (Score:1)
mac would be too slow...
there off (Score:1)
What if Cavemen had patents? (Score:1)
Give up. Advocate all you want, you'll never convince all of them, because they know that on a large scale, it won't work.
Shouldn't Sony Encourage Emulation? (Score:1)
No Subject Given (Score:1)
Instead of purchasing a PC and a Mac, one can simply purchase a speedy Mac, and run VirtualPC on it. Same thing with a Playstation and a desktop computer.
And don't even start on the issue of pirating. Sure, a patch is d/lable that effectively destroys any location lockouts in VGS. However Connectix can simply do what Sony has done with the latest PSX models; namely, improve the lockouts with each succesive update, making it harder and harder to circumvent.
I honestly think this emulator is a good thing for Sony, as long as Connectix can keep the lockouts in place. Heck, I've already bought two playstations and haven't pirated a single PSX game. I doubt I'll start pirating now that I can play them on my Mac as well...
I side with Connectix (Score:1)
If Sony does win, I hope the source gets "leaked."
-Jeff
Virtual GameStation (Score:1)
I see a lot of problems for sony, who makes most of their money off of the licensing. Now that connectix has made an emulator, its only a matter of time before someone ports GCC to support it. Then we can all make playstation games, and not give any money to Sony. Also, there is already a crack that lets Virtual GameStation read burned cd's, so software piracy is already going to be an issue.
Sounds like it's time for SOny to rush development of PlayStation II instead of worrying about this. There's not much they can do now... the software is already out there. I feel bad for Connectix because if they lose, they will lose bad. This could potential open up the playstation platform (which is probably a good thing... at least ONE platform out of all those consoles should be open).
It's also made the Mac platform a great one for games. And a $1000 imac can pretty much rock as a playstation. Just wait until you're sitting next to me on a plane with your color gameboy, and I whip out my powerbook and play Einhander and Tekken 3.
jack.
Sony is in the right here (Score:1)
The possible routes of attack on this are: Trademark infringement (does Connectix blur the line between Sony and Connectix?), Copyright infringement (Do they use any Sony code?), or patent infringement (Does Connectix use any machinery patented by Sony?).
On the first, Conncectix makes no use of the Sony or Playstation name. On the second, I doubt they use any Sony code, since it's written for a PPC. On the third, there's no machinery at all. The only precedent I know of (granted, I'm no lawyer), is that, legally speaking, software makes a machine of the processor. But it can't possibly be the same machine as the Playstation because it's a different processor, although I suppose arguments could be made here.
Personally, I think Sony should support the product. I'd like to see a Sony/Apple/Connectix triumvirate. That would produce some neat stuff. No stepped-on toes that way.
-Tesla
Sony is in the right here (Score:1)
I don't think that's gonna happen.
-Tesla
Sony is in the right here (Score:1)
-Tesla
Razors and Blades! (Score:1)
http://www.rollanet.org/~khigh/emulator.htm
I don't see what Sony can stand on in this. What patent are they claiming has been infringed? Or are they just trying to microsoft away Connectix's money by tangling them in red tape?
-Tesla
cash... (Score:1)
Depends, I suppose.... (Score:1)
Just a rumor: There is no suit (Score:1)