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DDR Freak obtains amended complaint document
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yyr
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60. PostPosted: Wed Jul 13, 2005 12:46 pm    Post subject: Reply with quote

I think the amendments to the document are interesting.

They make their case, which focuses mainly on the ITG1 conversion kits for DDR machines. Despite my growing love for ITG, they've definitely got a case there; after all, it's possible that hardware patents have been violated. The only hole in it that I can see is that RoXoR is selling conversion kits, not patented Konami technology. While it is true that these conversion kits depend on a DDR machine to work, it is entirely up to the purchaser to physically convert the machine from DDR to ITG; RoXoR is not directly responsible for the conversion.

This seems eerily similar to the debate over file-sharing services. Obtaining the programs is not in itself illegal; using these programs to obtain illegal material is. Should the distributors of the software be held responsible? That debate isn't all that different from this one, and if anything regarding that debate is resolved in court anytime soon, it may have an impact on a case like this, IMHO.

The amendments to the original document make this a whole new game, though. Mad Catz's game is sold with a controller that could be proven to be an imitation of Konami's arcade machine, and therefore could indirectly violate Konami's hardware patents. Personally I think this is a stretch, though... the patent is VERY specific and names specific pieces and operations all relevant to the original DDR arcade machine. Since the Mad Catz game runs on a Nintendo GameCube and standard TV, and uses a plastic mat controller, it could be different enough that it doesn't fall under the scope of this specific patent.

On the other hand, ITG for PS2 is NOT sold with a controller. I don't have the game box in front of me, but I'm not certain whether the back of the ITG PS2 box even mentions a dance pad. I do know, though, that a dance pad is TECHNICALLY not required to play the game, and that the other equipment consists of a PS2 and standard TV. This means that the chances of RedOctane's patent infringement are less than Mad Catz's.

I'll admit that I'm no lawyer, that I haven't gone through the documents with a fine-toothed comb, and that there's a possibility that everything I just wrote has no relevance to anything. I also don't know whether lawsuits like this are "all-or-nothing" or not--whether they can rule something like "well, RoXoR has to pay for the retrofitting of DDR cabinets, but the others are free to do as they've done." But if this IS an "all-or-nothing" sort of thing, IMHO there's now a possibility that Konami screwed up and will lose this. It probably depends on the wording of the patent and the court's opinion of the patent's scope, but it seems to me that anything can happen now. Before the amendment I figured RoXoR was screwed, but it seems to me that Konami's getting greedy.
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kamron_1
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61. PostPosted: Wed Jul 13, 2005 12:49 pm    Post subject: Reply with quote

Elegant Bisexual Tramp wrote:
DDRguyKAOS wrote:
DDRguyKAOS wrote:
I wasn't aware that Roxor sold kits to refit DDR machines... dumb move

Elegant Bisexual Tramp wrote:
untill ITG 2 that was the only way to buy ITG


I guess that's why I havn't seen an ITG (1) cabinet lol. Mabye Roxor assumed that since Konami didn't care about the tons of bootled DDR machines in the US that they wouldnt care to notice. Unfortunately, I guess that was probably because there wasn't a specific company that was in the wrong.


everyone keeps saying that all the EXs in america are bootlegs but i never actualy saw any proof of it i know that he EX in my local namco arcade is legit cause ive worked on it before and have witnessed the holofoil on the disk the correct secury card and the proper documentation

now the BANNER is a photocopy but the disk is a real disk


True that
when MGL first got extreme, the banner was a USA, but they had the foil serial # and such

anyways, shouldn't Andimiro get sued, because i read on roxor's website that Andimiro were the one's who helped mod the machines for ITG2 (usb ports, ect...). I think Konami may have overlooked this, there are more company in cahoots than Konami is aware of

ah... here it is:
http://www.roxorgames.com/phpBB2/viewtopic.php?t=980 wrote:
....This is the first title in a planned series of new arcade games developed in cooperation by Roxor and Andamiro, bringing cutting edge content and hardware to gamers starved for new, exciting arcade experiences...

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62. PostPosted: Wed Jul 13, 2005 12:56 pm    Post subject: Reply with quote

yyr, the point of RO and MC being listed is that they distribute games wherein scrolling targets are used to coordinate your movements. It's not the pads, it's the games themselves; or more specifically, the games infringing upon patented mechanics.

Kamron, Andamiro holds some share of the Konami patent. That's why they are able to continue to produce PIU machines--because they pay royalties to Konami. Roxor's partnership means that Andamiro produces the cabinets because they can, Andamiro gets advertisement of their PIU series, Roxor makes ITG2, Konami gets a fat check from every cabinet sold, and everyone's happy. Don't think that Konami somehow "missed" that.
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yyr
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63. PostPosted: Wed Jul 13, 2005 1:12 pm    Post subject: Reply with quote

Synaesthesia wrote:
yyr, the point of RO and MC being listed is that they distribute games wherein scrolling targets are used to coordinate your movements. It's not the pads, it's the games themselves; or more specifically, the games infringing upon patented mechanics.


I don't have time to check the document again (gotta leave in two minutes), but doesn't the gameplay description specifically reference the machine? If not, I get the feeling it's really too broad and could be applied to quite a number of games that aren't DDR ripoffs...
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ColorOfSakura
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64. PostPosted: Wed Jul 13, 2005 1:22 pm    Post subject: Reply with quote

While I think that Konami is doing the right thing prosecuting RoXoR for screwing with their already well designed formula, I do think the wording in that text does make Konami look like a bunch of bastards who just shot themselves in the foot.

Case in point, the whole reference to ITG being "poorly designed" and "inferior". Let's not resort to name calling, children.
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65. PostPosted: Wed Jul 13, 2005 1:42 pm    Post subject: Reply with quote

Zajitarrius wrote:


Case in point, the whole reference to ITG being "poorly designed" and "inferior". Let's not resort to name calling, children.


its not name calling its required to have any case at all you must say the infriging is inferior
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Synaesthesia
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66. PostPosted: Wed Jul 13, 2005 3:22 pm    Post subject: Reply with quote

yyr wrote:
I don't have time to check the document again (gotta leave in two minutes), but doesn't the gameplay description specifically reference the machine? If not, I get the feeling it's really too broad and could be applied to quite a number of games that aren't DDR ripoffs...


Well, the patent specifically refers to the arcade version; you're correct on that respect. Of course, the mechanics for movement coordination by a set of scrolling targets, a judgment window, creation of your score by an algorithm of dance points, et al. are identical in the home version, as well as the arcade version. As the patent describes the mechanic, the home version certainly falls within its description--remember, the game is *supposed* to be played on a dance pad controller, and not a Dualshock. Since home and arcade version might be considered to be synonymous in terms of patented gameplay, that is certainly the grounds used to indict ITG PS2 and MC Groovy Whatever. (The patent refers to the pad as a "step-on base," which can include everything from the arcade pad to the $20 placemat thing.)

The 2nd paragraph of the patent describes how the concept of performing an operation in coordination with music came specifically from Beatmania/IIDX (only mentions a "plurality" of keys, so I don't know); as in, the idea of scrolling targets coordinating your movement in sync with music. It proceeds to say that BM's apparatus is "only a game machine which has nearly the same construction as that of a conventional housing used in an amusement center." So, the point is, it's saying that while BM's cabinet is rather generic (including its operation method, being that it uses keys similar to buttons), DDR's cabinet housing is unique to anything else that might be found in an arcade.

I don't know if Beatmania has its "scrolling target whatnot" mechanic patented. If it does, that certainly provides the basis for the argument that DDR, having its idea sprung from BM, has a patented mechanic which cannot be emulated. If it doesn't, that makes one wonder if other games could have the mechanic, so long as you weren't "supposed" to play the game on a dance pad. As in, if I made a game that had the same 4-arrow design and so forth, but I specifically said to play this game on a handheld controller of my own design, showed it in all the instruction menus, bundled my game with it, would that still infringe on the DDR patent? If you have an 8-panel design, you can probably play a lot of "regular" video games with your dance pad. Let's say I did make this game, and someone got the bright idea to use a dance pad with it. It seems to me that I couldn't be held liable for patent infringement (still assuming the "scrolling target in sync with a piece of music" mechanic isn't patented by BM), because someone else decided to use the dancing mechanic which I didn't originally intend. BM wasn't intended to be played with your feet, but I'll bet you any sum of money that I could build essentially a larger, more metal version of the IIDX controller, and *attempt* to play IIDX with my feet (I'd probably get killed by anything other than really easy songs, but it could be done.).

In conclusion after a long-winded post, it seems to me that DDR's patent on gameplay and design extends to all companies/games listed because they emulate the "target-music" mechanic *and* are designed with the intention of being played on foot (thus creating "rhythmic, dance-like motions). If MC Whatever had instructed you to play on a Donkey Konga-esque set of bongo drums, they just might be in the clear. I can't say the same for ITG PS2, since it's supposed to be a replica of a certainly-infringing arcade version, and is thus "supposed" to be played on foot by default.
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AceJay
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67. PostPosted: Wed Jul 13, 2005 3:46 pm    Post subject: Reply with quote

Yeah Adobe [anything] doesn't work on my computer.

And nevermind, got it at college.
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Catastrophe
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68. PostPosted: Wed Jul 13, 2005 5:03 pm    Post subject: Namco Reply with quote

On Topic / Off Topic

Namco Cybertainment (the mall arcade and revenue share location company) does seem to actually have all authorized kits. Almost all of their machines were originally 3rd mix Asian versions. Most of them are wicked old, like 1999/2000, but I did see one brand new never-played 3rd mix Asian back in 2003. I thought that was kind of suspicious, because I was expecting a new DDR USA unit with the Extreme JP upgrade.

What I guess happened is that Namco found a way to save money. Instead of buying a DDR USA machine and putting the Extreme upgrade in that, they somehow ordered/found a bunch of Chinese machines. Whatever works, I guess. Their kits were all made without the marqee and stickers, too. By buying only the disc and cart they must've saved seven bucks per machine. sarc.gif (Minus whatever they spent at Kinkos, per machine.) So yeah, big surprise, Namco is cheap. But all of their games should be legit. (And they did get rid of those home version machines as fast as possible. They wouldn't have done that if they liked running counterfeit units.)
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69. PostPosted: Wed Jul 13, 2005 5:05 pm    Post subject: Reply with quote

mine had a 3k2 which the downgraded to max 2
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sherl0k
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70. PostPosted: Wed Jul 13, 2005 5:46 pm    Post subject: Reply with quote

I've never been to a Namco arcade that had legit machines, they were all bootlegs.
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71. PostPosted: Wed Jul 13, 2005 6:12 pm    Post subject: Re: Namco Reply with quote

Catastrophe wrote:
So yeah, big surprise, Namco is cheap. But all of their games should be legit. (And they did get rid of those home version machines as fast as possible. They wouldn't have done that if they liked running counterfeit units.)


Well, that and the fact that those CS machines turned out to be deathtraps E13.gif Those things were shoddy as hell; the dance pads would crumple under foot, and the cabients often had pointy parts sticking out of it. There were actual acounts of some units drawing blood from unsuspecting dancers. Yes, I'm serious about that.
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72. PostPosted: Wed Jul 13, 2005 6:45 pm    Post subject: Reply with quote

Same wrote:
They didn't.


they didnt? i though piu won that case. if they didnt win then how come theres still piu around and piu planned to release to ps2
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73. PostPosted: Wed Jul 13, 2005 6:49 pm    Post subject: Reply with quote

It's not whether you win or lose... it's how you reach the settlement. Konami gets a nice check for every PIU machine sold, and probably every PS2 game. Because Andamiro pays royalties, they get to keep making their games, essentially owning a share of Konami's patent.
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74. PostPosted: Thu Jul 14, 2005 5:41 am    Post subject: Reply with quote

I'm surprised some of you didn't know that the original In the Groove (litterally in a sense) ripped off DDR, physically. I took one look at an "ITG Cabinet" in a local arcade and I could tell it was bootleg. The Marquee looked cheap and faded out, the cabinet showed evidence of internal tampering, it looked physically worn, and you can just tell it was a DDR cabinet because it had the exact same design with just a different "game" playing on it.

I dunno about you guys but I would be ticked if a company retrofitted one of my products without my permission and made money off of it. Making money off someone else's product without consent is a big NO NO by the law. I really can't see Konami not winning the suit there.

And as someone else brung up, it can be argued that that illegal action is what paved the way for the continuation of the series. Roxor probably didn't have the money to manufacture and distribute arcade cabinets for the original In The Groove, so they used Konami's DDR cabinets for the game. You should also note that they probably knew Konami wouldn't allow it (at least not for free) if they actually asked them, so Roxor went behind their backs and altered their hardware. Thats disgusting and kinda like I said, i'd sue the crap outta Roxor too for doing that. So in doing that, they made money (illegally BTW) which likely provided funds for them to produce more versions of the game and enter agreements to have their own cabinets manufactured for the sequel, which by both function and design, rips off what Konami did....HARD! And then of course, eventually distributing a home version which, like its arcade counterpart, by both function and design, rips off what Konami did....HARD!!

In essence, it can be argued that Roxor games broke the law by infringing on Konami's patent, illegally altering their produce a game that throughly rips off Konami's product and further infringing on their patent to make money for themselves without royalty payments to Konami even though they used Konami's machines to make the money, allowing them to produce more versions of a game that still infringes on the patent to be played on arcade cabinet that infringes with Konami's patent, and then the distribute a home version also rips off Konami's product by, like the arcade products, rip off Konamis's home versions by both function and design.

I really have no sympathy for Roxor games here.
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75. PostPosted: Thu Jul 14, 2005 7:15 pm    Post subject: Reply with quote

Tsuri wrote:
Z Matrix wrote:
Roxor can really prove Konami wrong if they just look at old games. Spider Stomp, almost any game that told you to hit buttons at a certain mark. If I was roxor's lawyer right now, I'd be a big smartass, but still getting the truth across.


Nah thats not driving it to the point however..
Pointing out that Para Para Paradise uses a similar sensor system to that of the Sega Activator only with more expensive junk (which was copyrighted) will drive the point home... Para Para Sega Activator! Hell the thing even looks like a Sega activator... only metal... heh


And the Broderbund U-force for the original NES predates even the Sega Activator--that is, light-beam (IR) sensors for hand motions, except that the U-force opened up like a book.
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76. PostPosted: Thu Jul 14, 2005 7:58 pm    Post subject: Reply with quote

Ha, no game company will get away with pulling in special rights to "rhythmic games." Just look at Nintendo's Donky Conga (or whatever it is exactly).

Patenting the right to make games in which you use your feet is like patenting the right to make games in which you use your hands (i.e. a PS2 controller). I'll have to cry if any game company seriously tries to copyright something so basic as that.
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77. PostPosted: Thu Jul 14, 2005 10:23 pm    Post subject: Reply with quote

GENTLEMEN! LOOK, AND BEHOLD!

I have here MY thoughts on this whole "lawsuit" matter. Be prepared for another one of my patented long reads, though.

Oh, and flame away. I love it when people do that. E13.gif
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78. PostPosted: Fri Jul 15, 2005 12:04 am    Post subject: Reply with quote

El Mullet wrote:
GENTLEMEN! LOOK, AND BEHOLD!

I have here MY thoughts on this whole "lawsuit" matter. Be prepared for another one of my patented long reads, though.

Oh, and flame away. I love it when people do that. E13.gif


You win the lawsuit. blink.gif
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79. PostPosted: Fri Jul 15, 2005 9:01 am    Post subject: Reply with quote

SpeedOverNostalgia wrote:
Ha, no game company will get away with pulling in special rights to "rhythmic games." Just look at Nintendo's Donky Conga (or whatever it is exactly).

Patenting the right to make games in which you use your feet is like patenting the right to make games in which you use your hands (i.e. a PS2 controller). I'll have to cry if any game company seriously tries to copyright something so basic as that.


Sorry, try again. Donkey Conga did not seek a patent on its design, so it is irrelevant. Never you mind that Drum Mania, Taiko Drum Master, and Pop'n Music all share a similar gameplay mechanism. DC's gameplay mechanism isn't completely unique, and would probably not be awarded a patent.

This isn't a matter of "trying" to patent anything. Read the actual court documents, every one of them. Konami ALREADY HOLDS THE PATENT. It's a done deal. The mechanic of using your feet to play in response to coordinating target scrolling (in sync with a piece of music) with said targets scrolling towards a target judgment window is and was unique enough for Konami to earn their patent on it.

El Mullet, superb job on the article (even though it all turned out to be spoiler text for me, that wasn't important). I don't think you missed a single important aspect of this case (although you did misspell "Houston" E13.gif ).
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