Patch 5.4 patch notes
Virtual Realms feature revealed
The Proving Grounds are coming
The latest patch 5.4 newsWorlds.com aims to sue over the virtual world of Warcraft
by Adam Holisky 
Mar 11th 2009 at 6:00PM
- Thom calls up Blizzard, Linden Lab, etc...
- Thom says "Hey, I invented virtual worlds! Pay me money since you're making money off the concept."
- Blizzard and Linden Lab laugh and hang up, assuming it's a prank call.
- Thom goes to court.
How did Worlds.com wind up with the patent to the idea of a scalable virtual world with thousands of users? Kidrin has said that they invented the virtual worlds with a product for sick kids called Starbright World back in 1997. (Though apparently the concept was thought up back in 1995.)
However, let's take a look at the definition of Cyberspace. It was first used in William Gibson's 1982 story "Burning Chrome" and again used in a few of his books, with "Neuromancer" being the most popular. Gibson's definition for Cyberspace reads:
"Cyberspace. A consensual hallucination experienced daily by billions of legitimate operators, in every nation, by children being taught mathematical concepts... A graphic representation of data abstracted from banks of every computer in the human system. Unthinkable complexity. Lines of light ranged in the nonspace of the mind, clusters and constellations of data."
Now there are a few interesting parts there, in that the Gibson created a fictional representation of a world that was shared graphically with billions of legitimate operators. Sound familiar? It's exactly what WoW is: a graphical world shared by millions of legitimate operators, abstract data that is unthinkably complex, arranging lines of light in the nonspace of the mind, and teaching children mathematical concepts (ie: threat, gear statistics, etc...)
Now that's one answer to Kidrin's attempt at patent trolling.
The other, and perhaps grounded more in legal arguments, is that there is a ton of prior art available. That is going to make it hard to prove any sort of patent infringement claim. Nonetheless, we'll keep you updated on this interesting story.
I should note that when doing a bit of background research for this post I noticed that worlds.com lists AOL as one of their clients. AOL is the parent company of Weblogs, Inc., which owns and operates WoW Insider. However with that said, WoW Insider has complete editorial independence. Any relationship between AOL and worlds.com had no impact in the writing, researching, and opinions presented in this article.
Filed under: Analysis / Opinion, Odds and ends, News items
Reader Comments (Page 3 of 8)
Aldheim Mar 11th 2009 6:46PM
Yeah, wouldn't MUDs (which have been around since the 70s in one way or another, right?) count as virtual worlds? The original MMOs were basically MUDs + Graphics. (In some ways I suppose you could argue that still are...)
West Mar 12th 2009 2:57AM
KSR made obviousness pretty liberal now.
how about MUDs + BZFlag (originally created in 1992). or maybe just BZFlag by itself.
from BZFlag changelog: The game was initially and primarily written by Chris Schoeneman in 1992 while he was a Masters student at the Cornell Program of Computer Graphics.
that might knock out US7181690 under a re-exam, but not sure if it does the limiting of US6219045 as i can't find a copy of the 1992-1996 source tree (sourceforge has 2000+).
Eternauta Mar 11th 2009 6:53PM
I invented the internetz.
Gimme a million dollars.
Cash, please.
Qil Mar 11th 2009 7:16PM
I'd bet my 80 shaman Blizzard's legal department will be sitting right next to NCsoft and the full weight and might of Activision Blizzard will be available to pound this ambulance chaser into nether dust.
Hoggersbud Mar 11th 2009 7:35PM
Sir, I knew Al Gore, and you are no Al Gore.
Mathir Mar 11th 2009 7:00PM
The first scalable, graphic virtual world that I can recall was The Sierra Network/Imagination Network. If memory serves it came online around 1991. It was essentially a portal site for various online games ranging from Bridge to the great turn based MMP, Shadows of Yserbius.
These were the pre-internet days where you had to actually dial in on your super fast 28.8 modem.
Wülff Mar 12th 2009 6:52AM
A sort of time-line.
1978 - MUD
1986 - Air Warrior, first graphical MMOG
1991 - Neverwinter Nights, first 'truly' graphical MMORPG
Those three precede his 1997 (or 1995) by years.
And as far as 'virtual worlds' go:
The concept of virtual worlds predates computers and could be traced in some sense to Pliny. The mechanical-based 1962 Sensorama machine used the senses of vision, sound, balance, smells and touch (via wind) to simulate its world. Among the earliest virtual worlds to be implemented by computers were not games but generic virtual reality simulators, such as Ivan Sutherland's 1968 virtual reality device. This form of virtual reality is characterized by bulky headsets and other types of sensory input simulation.
Sorry Thom, sounds like you may owe others money. =)
prudychick Mar 11th 2009 7:09PM
If he says he holds the patent for virtual worlds then shouldn't he also be suing FOX, NBC, ABC, CBS for creating "virtual TV shows" aka reality TV? That's like saying you own the patent for air and you want everyone who breathes to pay you royalties.
mitch Mar 11th 2009 9:30PM
Lol I was thinking the same thing. This guy's logic is on par with "I thought of breathing through the nose and out the mouth first! MY PATENT!"
Again, common sense has failed another poor soul and I doubt anything at all will come of it. I wouldn't be surprised if all the companies were liaising with one another just to thwart this moron as quick as possible and get back to more important things.
Noscy Mar 11th 2009 7:12PM
When I did patent law in University, there was a story that was brought up by the Lecturer, that somehow someone managed to successfully patent the wheel (or the design of), it was done as a stunt to prove various flaws in the Patent system.
It wasn't till after the patent was granted, they realised what had happened.
Tateru Nino Mar 11th 2009 7:34PM
I hadn't heard of it being done in the USA, but it was certainly done in Australia, after some legislation changes were made that brought Australian patents more in line with the system in the USA.
http://news.bbc.co.uk/2/hi/asia-pacific/1418165.stm
Rizuli Mar 11th 2009 7:25PM
If i patent stupidity, does this guy have to pay me?
Mattimus Mar 11th 2009 7:34PM
I would like to inform everyone that I have just successfully filed a patent on the Human Heart. If you wish to continue using your Human Hearts, you must pay me 60 cents a beat.
If you wish to seek an alternative to Human Heart, there's Monkey Heart, Pig Heart, or Dog Heart, but none of these compare to the quality of service you get with your patented Human Heart.
Ilya Mar 11th 2009 7:53PM
The way I see it, Thom patented an idea. Anyone can have the idea, but if we have the idea, does that mean we really have to pay him? Are our thoughts really so easily shot down by a patent?
Anyone could have thought up a virtual world. If I ever did, I'm sure as hell not going to pay some greedy SoB just because he says 'No, I had the idea first! You pay me, or I sue you for thinking!'
My two cents, might drop another two or four as this develops.
Super Guest Man 9000 Mar 11th 2009 7:55PM
Penny Arcade comic about the NCsoft ordeal.
http://www.penny-arcade.com/comic/2009/1/2/
Ilya Mar 11th 2009 8:02PM
Lulz. That's brilliant. Thank ya for posting that one.
keeoto Mar 11th 2009 8:02PM
Meridian 59 (still active), released fall 1996 (guesstimating conception of idea would be around 94-95), considered by many to be the first 3d graphical MMO, has had an active community since then. Honestly, there is no way he can win this.
Ilya Mar 11th 2009 8:08PM
Ah yes... I remember Meridian vaguely... By today's standards, the graphics stink, but 'tis still a virtual world. If he's just now pointing out the patent he has on virtual worlds, then why hasn't he pounced on this concept sooner? Hell, I knew when WoW first came out, and I didn't start playing until the summer of '07. He must have known about it at that point.
So my question is this now: why is he just now throwing a hissy fit over this? From the start, he could have said 'Hey, I have a patent on virtual worlds. License with me, or I sue you before you can even put the game out there.' What changed that, I wonder?
Psy Mar 11th 2009 8:01PM
It doesn't matter if he's being a douche (and he is, no argument there), he has the patent, he can do what he likes. Sue them or not, he can do it.
It's Blizzards fault IMO anyway, they should've done more research. As should any of the other developers. If they had taken the time to look deeper into 3D world patents they may have stumbled across this "gem" of a patent and may never have bothered to make WoW (which we would not be able to complain about since we'd be used to it's non-existence, as well as all other MMO's non-existence unless they pay out this guy).
To me, this guy IS a douche. An incredibly smart one. He has a legally binding patent, he can sue EVERY developer that has made a 3D virtual world. He's asking for a license, he could sue them. Either way, suing them or being paid for a license, he could end up one very rich man.
And to me, that's just goddamn smart. So yes, he is definitely a douche. A damn big one at that, but he's smart and he's going to be richer than us.
keeoto Mar 11th 2009 8:07PM
Prior Art: Meridian 59, the first 3d virtual world, released to the public in 1996.