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The latest target for the Electronic Frontier Foundation's Patent Busting Project comes courtesy of Patent 6,264,560,a patent for a "method and system for playing games on a network." Thepatent in question is held by Sheldon F. Goldberg and was granted onJuly 24, 2001, about two years after it was filed.
Goldberg's patent claims to cover any and all online, multiplayer gamesthat offer real-time updates of player rankings and usetournament-style play. Patent '560 also covers serving up targetedadvertising using player demographics.
The EFF accuses Goldberg of extracting hefty licensing fees fromonline gaming companies anxious to avoid what could be costlylitigation, a scenario that has become all too familiar.
Accordingto the EFF, there's a significant amount of prior art on the '560patent, the existence of which should lead the US Patent and TrademarkOffice to overturn it upon reexamination. In particular, Netrek,an online multiplayer game with origins in the mid 1980s, makes use ofmuch of the same technology described in Goldberg's patent. Much of thecode for Netrek is open source, and its development is archived online;the source code was first posted to Usenet in late 1989.
The EFF has also documented other instances of prior art with the assistance of students at the Cyberlaw Clinic at the Berkman Center for Internet and Society at Harvard Law School.
So far, the EFF has seen some success with its patent-bustingproject. Of the patents on its top ten list, one has been overturnedwhile three others have had requests for reexamination granted by theUSPTO. The overturned patent was held by Clear Channel and covered burning CDs of a performance right after a concert ends. That patent was revoked by the USPTO in March 2007.
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