NCsoft hit with patent lawsuit

By Oli Welsh Published 5 January, 2009

Worlds.com claims it invented MMOs.

This was one of the stranger stories to emerge over Christmas and the New Year: NCsoft, the Korea-based MMO publisher, is being sued for patent infringement by Worlds.com, a virtual world platform.

The patent in question, filed in 2000, is for a "system and method for enabling users to interact in a virtual space". It could apply to almost any 3D MMO or virtual world you can think of.

"In a preferred embodiment a plurality of users interact in the three-dimensional, computer-generated graphical space where each user executes a client process to view a virtual world from the perspective of that user," reads the abstract of the patent.

It goes on to describe the basics of a server system and user interface that will sound familiar to anyone who has played NCsoft's games - or, for that matter, Second Life or World of Warcraft. Or even EverQuest, which was released in 1999, before the patent was filed.

The suit, filed to NCsoft's Austin, Texas offices on Christmas Eve, names all of NCsoft's games, from old timer Lineage to newcomer Aion. All of these were released after Worlds.com's patent was filed - but that may not be the reason that the Korean company has been singled out.

Stephen Roth, the lead attorney from the law firm representing Worlds.com, alleged to Virtual Worlds News that the first filing of the patent dates back to 1995 - after the very first graphical RPGs, but before the release of the first major example, Ultima Online. "It is a very robust patent," he said.

NCsoft may have been selected because its position as a foreign company in Texas is a vulnerable one. Roth's colleague James Gatto told Virtual Worlds News that "being a foreign defendant in Texas is not a pleasant thing".

"The juries are, many would say, biased towards American plaintiffs and have a propensity to offer high damages. Some defendants might view them as an unfriendly jury and it might make the defendant more likely to settle," Gatto claimed.

Furthermore, in a perceptive analysis of the lawsuit, Massively points out that the troubled NCsoft might look like "the weakest member of the herd" to Worlds.com.

Gatto saiid that it was likely that this would be only the first of many suits filed against MMO developers and operators by Worlds.com - but the lawyer wouldn't say which.

"I'm not at liberty to disclose what other companies I believe come within the scope of the claims," he said. "I think it is a very broad and robust claim."

"We intend to defend ourselves vigorously," an NCsoft representative told Virtual Worlds News.

It sounds far-fetched on paper, but so did Immersion's patent on rumble in joypads - and that ultimately cost Microsoft and Sony millions of dollars. This could be the massively multiplayer equivalent, with important repercussions for the future of MMOs, and Blizzard's bottomless coffers its ultimate target. We'll be watching the case with interest.

Picture of Oli.

About Oli Welsh

Oli is Eurogamer's acting deputy editor and reviews editor and likes to take things one word at a time. He is among the best dressed people in South London.

Read more articles from Oli by visiting the Oli Welsh archive page.

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Comments (22) Latest comment 3 years ago

Comments threads automatically close after 30 days, but please feel free to continue chatting on the forum!

  • Kami #1 3 years ago

    And this, people, is why patent law needs to be changed. It used to protect people whom needed protection from big companies... now it's a quick and easy buck.

    It's another one of those vague patents, and I'm sorry, even I have a tough time believing this will see any serious courtroom trial.

    I'm surprised anyone can take patent law serious nowadays.

  • TheBoyChris #2 3 years ago

    The question is, did Worlds.com actually do anything with this patent in the mean time? Did they actually make anything?

  • insincere_dave #3 3 years ago

    I hold the patent for being a leeching, cynical corporation... worlds.com watch out!

  • udat #4 3 years ago

    I thought patents had to include an inventive step... something that is "not obvious", and this seems broad enough to be obvious. People had been interacting and communicating via networked computers for some time, adding a graphical component seems fairly obvious.

    Software patents suck.

  • Kaecyus #5 3 years ago

    Try lodging this against Blizzard, Worlds.com

    I dare you.

    And try citing it against Gravity, the Makers of Ragnarok Online.

    I dare you once again.

    And here's one more.

    I dare you to lodge this against Richard 'Lord British' Garriott, the original designer of Ultima Online.

    OHWAIT. Ultima Online was released in 1997, three level-grinding years before your drop-in-the-ocean surfaced.

    Bye bye, Worlds.com.

  • Sanxo #6 3 years ago

    They don't need to do anything with the patent itself. And the Eastern District courts are notoriously, um, biased towards the plaintiff.

    However, i think there is probably prior art around - MP Doom surely? - however if upheld stands then I think worlds.com have hit the jackpot.

  • Darkedge #7 3 years ago

    "The suit, filed to NCsoft's Austin, Texas offices on Christmas Eve, names all of NCsoft's games, from old timer Lineage to newcomer Aion. All of these were released after Worlds.com's patent was filed"

    in the US.. which for stupid IP Suits is all that matters - Bloody US patent system is F*&KED UP.

    Lineage was released in 1998 (in Korea)

    Looks like SCO and Linux all over again

  • DFawkes #8 3 years ago

    I was wondering what happened to Worlds, I used it years ago. Turns out they were busy being wanks.

  • daz_john_smith #9 3 years ago

    Penny Arcade hitting the nail on the head as usual. All the MMO Dev's should band together, get some high priced lawyers and crush these little twerps and teach them a lesson. If they don't and they win against against the currently weak NCSoft then Worlds.com are going the have an easier job afterwards targetting the bigger players
    Edited by 1 at 05/01/09 @ 20:03

  • merkdot #10 3 years ago

    why NCSoft?

    didn't they recently sign a deal with Sony?

  • Sunyavadin #11 3 years ago

    There are several programs going back to before even 1995 which did this. Not to mention how much is on the client end in the worlds patent, which most MMOs handle server side (To prevent cheating).

    However unlikely a win for worlds.com may be, I may spend some pocket change on a few thousand shares in their nigh-bankrupt company just in case they DO win and I become an overnight millionaire after they sue Blizzard, sony, and all the rest......

  • fatboy996 #12 3 years ago

    'Just been on their website, the technology they use looks shit and something knocked up by one of those pc game creator languages like Blitz3d. Also the client list looks very strange (i.e. not many), surely they should be going for second life blah blah as that fits the same model rather than MMO.

  • Sunyavadin #13 3 years ago

    Yeah Fatboy, Second Life or Activeworlds.

    The scary thing is just how MANY companies are potential victims of this. If it's allowed you can expect dozens to go bust from it. In the bizarro world in which they win worlds.com will be richer than GOD. And the market will suffer massively.

  • Mr_Brown #14 3 years ago

    I seriously doubt other companies will sit by and let this happen. If they are sucessful comapanies like Blizzard would lose a hell of alot of money. Its likely NCsoft will have alot of 'support' from other big players, meaning worlds.com will be crushed into oblivion, or the more likely scenerio, accept a settlement.

  • Hypercube #15 3 years ago

    I totally agree with daz_john_smith, Blizzard should send a few of their lvl 80 Undead litigators over to help NCsoft out, as it's clear that Worlds.com is starting with those trailing at the back of the pack, with a view to moving to the leaders. Spineless, talentless leeches.

  • UncleLou #16 3 years ago

    And this, people, is why patent law needs to be changed

    US patent law.

  • a8a #17 3 years ago

    OHWAIT. Ultima Online was released in 1997, three level-grinding years before your drop-in-the-ocean surfaced.

    Except that it's a continuation patent from an application filed in November 1996, so the cut off date for prior art is that date rather than the actual August 2000 filing date.

    Still, I think it's too vague to hold any real water. Also, it shouldn't be too difficult to prove that a game like Ultima was already a long time in development by November 1996. For one thing, I believe it was announced and showcased at E3 earlier that year.

  • MoFo #18 3 years ago

    Even if by some bizarre circumstances World.com won, I'm sure NCSoft could appeal to some higher body within the US. ie one that isn't staffed by members of the KKK.

  • Moz #19 3 years ago

    Not sure how these things work but is it possible for Blizzard to jump in and help defend NCSoft?

    But to me this seems more like a basic premise patent, it's like trying patenting the 3D shooter or racing games!!

    hell what if some paternted "a game played on a board, where players move playing piece between board segments or squares"

    You have to wonder if the person in the patent office who signed this off in the first place was behind on quota so didn't bother checking it out fully.

    edit:

    on another thought is it possible for them claim the trial as non-constitutional as clearly they are NOT being tried by a dury of their piers. But by a group of a somewhat biast nature?
    Edited by 1 at 06/01/09 @ 09:20

  • Robkinsons #20 3 years ago

    If they pull this off they will make a lot of money, somehow I can't see them taking on Blizzard though.

  • jellyhead #21 3 years ago

    They'll be going after Sony and Home next! lol!
    [link url=http://www.google.com/patents ?id=h8YiAAAAEBAJ&printsec=abstract&zoom=4&dq=7,181,690 ]http://ww w.google.com/patents?id=h8YiAAA...[/link]

    This is why we can't have nice things :(

  • hiruu #22 3 years ago

    Can we say frivalous lawsuit?