Creative claims similar shadowing tech as id Software

Discussion in 'Beyond3D News' started by Reverend, Jul 28, 2004.

  1. Anonymous

    Veteran

    Joined:
    May 12, 1978
    Messages:
    3,263
    Likes Received:
    0
    An agreement is an agreement, else don't agree with it, isn't that simple?
     
  2. WaltC

    Veteran

    Joined:
    Jul 22, 2002
    Messages:
    2,710
    Likes Received:
    8
    Location:
    BelleVue Sanatorium, Billary, NY. Patient privile
    resist = refuse to sign an agreement with Creative stipulating the legitimacy of Creative's software patent. Again, talking about being tempted to resist, and actually resisting, are two very different things...;)

    Example: you get a speeding ticket, but your position is that you weren't speeding. Which of the following courses of action indicates resistance?

    A) You pay the ticket, but scribble a note on the bottom of the citation that says: "I am paying this ticket in the interests of expediency, even though I do not consider myself guilty."

    B) You do not pay the ticket, but hire a lawyer and go to court to fight it, because you do not consider youself guilty as charged.

    In the first instance, what you say about your guilt becomes meaningless because you are considered guilty by your agreement to pay the fine and the ticket is placed against your driving record. In the second instance, you go to court presumed innocent where a judge or jury determines your guilt or innocence based on the evidence presented. In the first instance your resistance is token, in the second it is real.
     
  3. WaltC

    Veteran

    Joined:
    Jul 22, 2002
    Messages:
    2,710
    Likes Received:
    8
    Location:
    BelleVue Sanatorium, Billary, NY. Patient privile
    But you aren't comprehending that it "takes two to tango"...;) Unless other companies also voluntarily agree with Creative about Creative's patent claims, as id has done in this case, then id will be the exception and not the rule. Creative has absolutely no power to enforce a patent on any company against that company's will--if they try, the issue will end up in court and Creative will have to convince a judge or jury that its patent applies in every single case in which a company resists those claims. So, "what Creative does" is only 1/2 of the issue--what companies do in response to any such claims by Creative is the other half of the issue, and is no less important.

    IMO, what id has done in response to this issue is simply to legally strengthen Creative's claim that this particular patent is legitimate. What other companies may do, if Creative attempts similar tactics with them, is a horse of a different color, of course, and remains to be seen. But id's agreement here may well make it harder on them going forward.

    Conceivably, as well, should another company successfully fight and win such claims in the future as regards this particular patent, it may or may not excuse id from its present agreement with Creative (depends on how the id-Creative agreement is legally constructed.) All of this is just an arm-chair opinion, of course...;)
     
  4. Simon F

    Simon F Tea maker
    Moderator Veteran

    Joined:
    Feb 8, 2002
    Messages:
    4,560
    Likes Received:
    157
    Location:
    In the Island of Sodor, where the steam trains lie
    I suspect that depends what bit you mean. That paper describes both the more traditional "count volume surfaces in front of objests" as well as the reverse technique.
     
  5. Waveform

    Newcomer

    Joined:
    Jul 28, 2004
    Messages:
    13
    Likes Received:
    0
    Creative's claim has not been strengthened by Id 's actions it has continued un-challenged, the two are quite different legally. However WaltC's point stands, the fact that Id has chosen not to take a stand on this sets a dangerous precedent....
     
  6. Simon F

    Simon F Tea maker
    Moderator Veteran

    Joined:
    Feb 8, 2002
    Messages:
    4,560
    Likes Received:
    157
    Location:
    In the Island of Sodor, where the steam trains lie
    Arghh SPAM. Can we have registration please?
     
Loading...

Share This Page

  • About Us

    Beyond3D has been around for over a decade and prides itself on being the best place on the web for in-depth, technically-driven discussion and analysis of 3D graphics hardware. If you love pixels and transistors, you've come to the right place!

    Beyond3D is proudly published by GPU Tools Ltd.
Loading...