EU Software Patent Causes Controversy

Plans to introduce European-wide laws on computer software patents have caused controversy because of the impact they could have on the cost and availability of commercial and open-source software. Microsoft chairman Bill Gates put the case rather more strongly, describing opponents of the legislation as ‘modern-day sort of communists’ who want to damage industrial innovation.

The software Patentability of Computer-Implemented Inventions aims to clarify existing European laws on patenting software, but could create legal hurdles for IT departments wanting to develop their own software. In the worst-case scenario, the patents could force smaller suppliers and open-source specialists out of business, restricting competition and the choice of software available to users.

To be patented, software has to have a ‘technical application’. This basically means that a company that develops software to control a DVD recorder can patent it, as controlling a DVD recorder is a technical application. However, a company that develops software to automate an accounting system would not be granted a patent. This is because accounting systems are regarded as a business process rather than a technical application. The whole process is governed by European Patent Convention, an international treaty which has so far been implemented in slightly different ways in each country.

The bill has sparked a debate on whether the EU should follow the US model of granting patents to Internet business methods, such as online bookseller Amazon’s ‘one-click shopping,’ or instead restrict patents for computer software. Poland, a large EU member whose backing is crucial for the adoption of the proposed rules, told Reuters last week that it was not ready to back the legislation amid fears it could open the door to the patenting of pure computer software.

The major benefits of the bill is that it would provide European companies with protection for their ideas and encourage innovation, create a level playing-field for patents across all European countries, and clarify existing patent laws, rather than introducing major changes. However, small suppliers will not have enough financial muscle to obtain and enforce patents, thereby reducing choice for IT departments. It could also restrict the availability and functions of open source software, and IT departments may have to conduct patent searches to make sure they are not infringing rights. The saga continues, with adoption of the bill now scheduled for next week.

Snakes Snare N-Gage for Nokia

Snakes N-gage NokiaThe all-time classic Nokia game, Snake, has now hit their gaming platform, the N-Gage. Best of all it’s free to download.

One initially surprising thing is that the whole game can be uploaded to another N-Gage via Bluetooth. Clearly this hasn’t been a feature of the commercial games already released, which include snowboard-a-thon SSX yesterday, but as it’s a give away, it makes it an interesting way to get it spreading.

Pasi Pölönen, Director, Game Publishing at Nokia said in a statement, “The unique method of viral distribution via Bluetooth, plus the free download, means that practically every N-Gage owner can enjoy the addictive gameplay and upload their high scores to the N-Gage Arena.”

Snakes on N-Gage has been updated to run in 3D, taking advantage of the additional processing power of the N-Gage. It also lets up to four players join together in a game by using Bluetooth to connect them up.

N-Gage hasn’t been the huge success that Nokia had wanted, but it is clearly not going to let the N-Gage slip away unnoticed.

Just looking at the Snakes Break Out Website, that they’ve prepared to support the release of Snake, proves that. It appears they have spent a considerable amount of money on its faux-TV appearance – and this is for a game that is FREE to download.

Snakes Break Out Website

The First Review of Snakes?

Ubiquitous Viewer – Phone Access to PC from Toshiba

Toshiba Ubiquitous ViewerToshiba has announced software to remotely execute programs on a PC, via a mobile phone. They call it Ubiquitous Viewer.

Software that gives remote access to your computer from another has been available for years, with a particular favourite within the Digital Lifestyles offices being the open source VNC (Virtual Network Computing).

The way these packages used to work, was by an application running on the host (remote) computer and another on the client (local). Keystrokes and mouse movements are read from the client, sent over a communication line (dialup/IP) and executed on the host. Graphical changes to the screen on the host machine are collected, compressed, sent down the line and replicated on the client.

While this approach is basic, it has the advantage that any software application could be run.

The details of Toshiba’s Ubiquitous Viewer are still sketchy, but what we do know is it’ll allow users to open productivity software, such as the MS Office suite, and to read and modify files. It also supports access to PC-based e-mail, Internet browser and other PC applications.

Internet browsing through a phone to your PC? This is the only one we find a little bizarre, it’s a bit like reading a book through a telescope.

Given the support for “other PC applications” and the photograph, the Ubiquitous Viewer looks like it works on the same principles as the old-school solutions.

To access the remote machine, a password must be entered once. The transfer of data is over a secure connection, as it uses the Web standard secure socket layer (SSL) encryption

The service will initially be released at the end of March 2005 in Japan on KDDI’s service using CDMA1X mobile phones. Following this, they intend to take it other countries.

Quite what the experience will be like on a mobile screen is unclear and frankly this type of solution will only be used in desperation when you must have access to some information that you’ve forgotten.

It is a good example in our view of the future – no matter what the restrictions of the device, any that provides access will be acceptable, until you can move to a location or device that is superior.

Toshiba

Youth Gym Usage Up 15% After PS2 Games Installed

Liverpool Gym PS2Back at the tail end of last year, Liverpool City Council installed gym equipment with Sony Playstation games consoles fitted to them, in an effort to induce the local youth to come to the gym.

At the time, Councillor Warren Bradley, Executive Member for Leisure was quoted as saying “By fitting television screens and games consoles to the equipment, we will be able to show children that they can combine their favourite activity with exercise. And by teaching children about the positive benefits of exercise.”

Why are we mentioning today? The Sun, a well known tabloid “newspaper”, is running a brief story and editorial comment about it today, deriding Liverpool council spending money on Playstations in an attempt to encourage children into gyms.

Over the two years since we first discovered the Reebok CyberRider, we’ve written about devices that connect games consoles to exercise machines and have been keen on them. The connection of physical input to video games seems like a great area of growth and it’s certainly true that in those two years there have been lots of interesting developments. Sony and Nike MotionWorks have got together recently to bring EyeToy Kinetic to market in autumn 05, combining the camera add-on for the PS2 with fitness software.

We spoke to Donald Hurst, Operations manager of sport and recreation service at Liverpool City Council to get the accurate details on the story.

The equipment that they’re using, supplied by TechnoGym, includes running a treadmill, rowing machine, and cycle. The four machines that they have working at each of their Lifestyles fitness centres at Peter Lloyd, Everton Park and Garston have been particularly well received, both by the children and adults.

It appears particularly popular at the Garston centre, which has 2,000 members and is their busiest site, with the staff receiving quite a number of positive comments from children’s parents.

Keen children are given an introduction session which runs between 4 – 5:30 daily and are then free to choose from a selection of 30 games supplied by the venue. Hurst said they’ve made the decision to currently not let the children bring in their own games, so they have some control over the type of game being played. Once the game has been selected it has to be setup by the fitness instructor.

Hurst put some comparative usage figures together for us that show usage by young people has gone up by 15% over the same period last year since the Playstation had been introduced. He also told us that there is a growing interest from adults to use the equipment as well.

While Liverpool hasn’t yet gone the whole hog of direct connection between physical input and the games, we think it’s a good start. The increase in attendance figures also point in that direction.

Liverpool City Council

Chernin Hints News Corp. to Buy into Video Gaming

News Corp., the media giant built by Rupert Murdoch is reportedly looking to get into the games business.

The FT is running a story today that Peter Chernin, News Corp. chief operating officer, told a conference in Phoenix, Arizona that they were “kicking the tires of pretty much all video games companies,” as “We see as a big business and would like to get into it.”

Normally used to buying huge companies like Fox, News Corp is clearly looking for the best value company, but finding a big disparity between the largest, Electronics Arts (EA), and the rest of the video games companies. “We are struggling with the gap between companies like Electronic Arts, which come with a high price tag, and the next tier of companies. These may be too focused on one or two product lines.” Chernin said.

There are many reasons why a move into gaming would make sense for News Corp. Numerous studies have shown that people, particularly the young, are moving away from watching television to play video games and the next generation of Set Top Boxes (STB’s) have considerable power. Using News Corps. satellite distribution platform, such as Sky and DirecTV, to distribute games to these STBs makes total sense.

We imagine there is a state of confusion at EA, if not the whole of the games industry, switching between a state of high excitement and nervousness. As the many corporate corpses that litter in the trail of News Corp. attest to, when they do it, they do it big.

News Corporation

Gizmondo beef up with Disney and Sega

Since we first brought news of the Gizmondo gaming console to you in June 2004 it has been coming on leaps and bounds.

Not only is the Gizmondo a handheld games platform, but it’s also able to play music and video; has GPRS, Bluetooth and GPS built-in to it; works as a wireless email and SMS client; and has a digital camera built in. All for an expected $399 in the US or £229 in the UK.

While this is all very lovely, it’s common knowledge that what keeps a gaming machine alive beyond the spec sheet is the games it runs. Tiger Telematics, who have developed and sell the Gizmondo, are developing their own original software, having bought two software developers Indie Studios and latterly Warthog Games in October 2004, but they are also wisely doing deals with other companies.

The fruit of these now-combined studios, renamed Gizmondo Studios, will be nine titles; City; Colors; Johnny Whatever; Sticky Balls; Fallen Kingdoms; Momma, can I mow the lawn?; Milo and the Rainbow Nasties; Furious Phil; and Future Tactics.

A three year deal with Disney should bring their games to the Gizmondo platform. The initial fruits of the deal will be Tron 2.0. Developed in-house by Gizmondo, the contract also “envisions for four additional titles to be determined by mutual agreement”. The agreement has the Gizmondo paying a minimum guarantee totalling $100,000 for the Tron 2.0 property over three years. Four other titles could also be developed under the deal.

Tiger Telematics have also signed a letter of intent with Taiwan-base Digital Media Cartridge Ltd, hoping to bring many of the classic Sega video games to the platform. Currently this deal looks a little less certain that the Disney deal, but the games being discussed include Sonic the Hedgehog, Outrun, Golden Axe, Altered Beast and Shinobi.

As an icing on the cake, our friends at CNET declared the Gizmondo a finalist in the Next Big Thing awards.

The Gizmondo soft launched by taking pre-orders in the UK in October 2004, and should be in UK shops in February 2005 priced at £229. The online capabilities will be provided using a Gizmondo-branded Pay As You Go (PAYG) service.

Gizmondo

Sims 2 Get Hacked Off

Sims 2 Telescope alien AbductionWe’re constantly amazed by the world of online gaming. It’s a fascinating, deep and engrossing world. Some at the Digital Lifestyles offices are big fans, others are scared of it. The latter worry that if they start to get involved, they will be sucked in to the games vortex, never to reappear.

SlashDot pointed us to an interesting story that SecurityFocus ran about the alterations to items in the Sims 2 that are spreading around the game with unexpected results. If this world is new to you, it’s well worth a read.

There are many site, like mod the sims 2 that contain hacks such as Expensive Telescope Abduction Hack v1.0, mentioned in the article, that guarantees that your Sim will be abducted by aliens if you look through the telescope between the hours of 7pm and 2am.

Hacking online PC games isn’t new. Ever since the days of Doom, hackers have been making modifications to give themselves the advantage of seeing through walls, or infinite ammunition – anything to give themselves an advantage. Indeed one of the advantages that Microsoft listed at the launch of the Xbox was that “unauthorised” code couldn’t be run on it (others saw it as restricting the platform), so games wouldn’t be ruined.

We attended the Edinburgh International Games Festival last year and sat in on a debate about the virtual currency within games be sold in the real world for real money. The Electronic Arts representative (EA sell the Sims 2) attitude to it was very relaxed to it, claiming that it wasn’t something that bothered them.

It looks like pressure from Sims 2 players has moved EA into action in this case, they’ve written software that acts in the same way as anti-virus software, scanning for alter objects and removing them.

Digital Lifestyle extolled by Bill Gates at CES

In what has now become a tradition, Bill Gates opened the Consumer Electronics Show (CES) in Las Vegas extolling the virtues of Digital Lifestyles (thanks for the plug Bill).

In a “casual” interview style, US TV chat show presenter, Conan O’Brien, lead Bill through the wonderful world of digital media.

O’Brien started his shtick with a great joke, “When Bill Gates walks onto this stage in a few minutes, the average net worth of each person in this room will be(come) $128 million.”. He then went on to be reasonably rude about most people in the industry. Of particular note was the “CES – The Movie” spoof casting, where well known characters in the industry were matched up with their acting doubles. It’s worth watching, just fire it up and jump to 11m 30s.

Bill Gates then came on stage to give Microsoft’s view of Digital Lifestyles.

Not surprisingly Microsoft pitches the PC as the centre of it, “The PC has a central role to play, (in that) it’s where it all comes together.”

As has been the case since the public started recognising the iPod and iTunes, Bill and his promotional videos took every opportunity to feature ‘other’ music players, while subtly highlighting the virtues of the Microsoft approach.

This covered “Windows Plays For Sure”, the certification process that labels all devices that are able to understand and adhere to Microsoft’s Digital Rights Management (DRM) scheme. Read as, music in Apple’s format can’t play on other devices except Apples.

For the trend spotters among you, Bill referred to this as a “rights management system”, dropping the Digital prefix.

He also pitched monthly subscription services where you have access to all of the music you desire – another thing that Apple iTunes doesn’t offer. He failed to mention that with most subscriptions services, the ability to play the music you’ve paid for access to, stops when the monthly subscriptions fees do.

Media Centre featured large with Gates announcing that PC manufacturers have sold 1.4 million Media Centre models worldwide so far.

Media Extenders, which enables households with networked homes to pull content from their Media Centres to rooms around the house were also brought up again. Dedicated boxes from companies like LG were mentioned as well as a software upgrade for Microsoft’s xBox to provide the same function. The fact that 6.3 million people had bought Halo 2, was also dropped into the conversation.

The LG example was of note. A dedicated DVR with DVD burner, it featured a cut-down version of the Media Center software that retained the familiar user interface (UI), while offering access to music and photo’s stored on the Media Centre PC. Not only that but content recorded on this dedicated device could be transferred to the Media Centre PC and in turn to a smartphone or Portable Media Centre (PMC).

To easily operate the Media Centre, the “simple, single remote control” was also touted, more than once. Microsoft have formed partnerships with Philips, NiveusMedia and Logitech to produce universal remote controls that work with Media Centre, as well as many other devices. All these remotes will feature a “signature” Green Start button. Bill had previously mentioned that some remote controls will have small colour screens on them, allowing video content to be shown on them.

New content partners also got a nod. Discovery will be creating “unique content” that fits on Media Center, with Yahoo and Fox Sports also getting a mention.

One key item was the launch of the Media Centre as a platform. Not just a means of accessing and playing back content, but of broadcasters creating interactive content specifically for it, that combines broadcast and IP delivered content using Online Spotlight. We feel this is the most important item to come out and will be covered in more detail in another piece shortly.

It’s also worth watching the video, if nothing else then to see Bill looking less than comfortable with the interview technique.

Bill Gates CES – Opening Speech

6 PSP Games Due from EA

SIRIUS SportsterToday Electronic Arts (EA) used CES to announce its line-up for the US launch of Sony’s handheld entertainment system, the PSP due in March.

The six games are FIFA Football and MVP Baseball, (only available in the US and not in the UK) along with four previously announced franchise greats; Need for Speed Underground Rivals, Tiger Woods PGA TOUR, NBA STREET: Showdown (working title) and NFL STREET 2: Unleashed.

EA say each game has been specifically designed for the PSP, as they found that trying to port the games didn’t work visually and they wanted the handheld titles to take advantage of the unique PSP functions such as WiFi head-to-head game play. To create the games, EA created the very dramatic sounding Team Fusion.

More details of the games are on their dedicated PSP site. It has some screen shots of the games which looks most impressive.

EA’s dedicated PSP site

Creative Archive Gathers English MP support

The Culture, Media and Sport Committee of the UK House of Commons today released the first volume of its report, “A public BBC.” The committee, made up of eleven cross party Members of Parliament (MP), has taken evidence both written and through expert witness panels going back as far as May 2004.

The 87-page tome contains a lot of interesting and insightful comments from the MPs which are going to take a while to digest. One of the manageable chunks is on the Creative Archive and being long term supporters of it, it drew our eye.

The support from the MPs appears strong, but there’s few items that cause us confusion bordering on concern like the executive summary

7. We strongly welcome the BBC’s proposals for a Creative Archive, and agree that access to this should be free for non-commercial applications. We look to the Corporation to develop, in cooperation with intellectual property owners, innovative solutions that appropriately balance the interests of rights holders with those of the wider public. Digital rights management is a key issue in the modern media environment, and we recommend the DCMS establish a forum for assessing its implications.

We’re slightly confused as to why Digital Rights Management (DRM) is being mentioned in the same paragraph as the Creative Archive. Are these separate items that have just been mentioned in the same paragraph or is their suggestion that the Creative Archive material has DRM applied to it? One of the central ideals of the Creative Archive is the ability for the UK public to load the downloaded content into their video editing packages and create new content. How is this to be achieved if DRM is applied to the content?

Much of this may become clearer when the BBC starts a trial of the Creative Archive in January 2005 as re-announced on 24.Nov.04 by Mark Thompson, Director-General, BBC.

We’re going to be doing some more digging tomorrow to try and get some clarity on this.

Details of material about the Creative Archive

62. In Building public value, the BBC commits to launching a Creative Archive, providing “free access to BBC content for learning, for creativity, for pleasure.” The BBC’s ambition is that, starting with factual material, online access for non-commercial applications will eventually extend across all areas of its output.

63. The Electronic Frontier Foundation espouses the benefits that will accompany the establishment of the BBC’s Creative Archive, and supports its becoming a core element of BBC services. Ultimately, this could comprise the whole of the BBC’s extant archive of radio and television programming, placed online under a licence that permits non-commercial distribution and re-use of this material by “remixers”. This open licensing system is similar to that deployed by the Creative Commons initiative, a system of “some rights reserved” copyright. And it is possible that, by enabling non-commercial exploitation, there is created “a gigantic and clever series of advertisements for the commercial rights” associated with the works.

64. The Creative Archive brings to the fore what Professor John Naughton termed the “maniacal obsession” with intellectual property. In his view, the copyright industries “see digital technology as an unprecedented opportunity to extend control over how copyrighted material can be used to a degree that was inconceivable in an analogue world.”

65. In written evidence, the Music Business Forum expressed concerns that such initiatives should not be allowed to “ride rough shod over the copyrights and performers’ rights of those who contribute to BBC programmes”. There had to be provision for rights holders to be paid for the additional use of their work through access to archives. This should be the case whether in the form of repeat broadcasting fees, extensions of the collective bargaining agreements in place for the payments of revenue for secondary uses, or through the negotiation of clearance for the right to exercise new rights on individually negotiated commercial terms. The BBC ought to consider the case for the implementation of encryption and digital rights management applications in order to counter growing piracy – whether via internet or personal video recorder downloads. The MBF is concerned that while this is available free and unpoliced, commercial download services will be unable to compete and artists, writers and the other creators will have no means of getting paid. “The BBC, as a publicly-funded organisation, has a responsibility to be seen at every opportunity to be upholding the systems of rights that operate in the UK, not least to act as an example to others. The licence fee does not of itself authorise licence fee holders to the free use of BBC output in whatever way they wish.”

66. We strongly welcome the BBC’s proposals for a Creative Archive, and agree that access to this should be free for non-commercial applications. We look to the Corporation to develop, in cooperation with intellectual property owners, innovative solutions that appropriately balance the interests of rights holders with those of the wider public. Digital rights management is a key issue in the modern media environment, and we recommend the DCMS establish a forum for assessing its implications.

Culture, Media and Sport Committee report, “A public BBC”