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每日观察:关注OnLive对《美国发明法案》看法(9.26)

发布时间:2011-09-26 11:02:31 Tags:,,,

1)美国总统奥巴马刚签署的《美国发明法案》(America Invents Act)对美国专利体系进行了一次重大修改,旨在促进美国创新型企业的发展,刺激就业市场的复苏,但云游戏服务公司OnLive(游戏邦注:该公司是QuickTime和WebTV的发明者,并持有100多项专利)首席执行官Steve Perlman近日却公开表示,该法案作用不大,甚至可能阻碍创新领域的发展。

Steve Perlman(from venturebeat.com)

Steve Perlman(from venturebeat.com)

据他所称, 《美国发明法案》只会给小型初创企业带来消极作用,而大型公司却丝毫不受影响,并且无助于减少专利争纷和侵权案件。原因在于,该法案使美国专利体系从“发明优先”转变为“注册优先”模式,假设有两家公司针对同一项社交游戏微交易发明内容对簿公堂,法院当然很容易根据专利注册时间审理并裁定结果,最先注册者当然就占据了法律优势。

虽然这种操作有利于简化专利保护流程,但其本质是维护大型公司的利益,而非保护小型但更具创新性团队的权益。Perlman认为该法案迫使资源有限的小企业耗费更多精力获取专利权,当被卷入专利纠纷时,大型企业很容易靠强大的资本力量将小公司挤兑出局。他在给参议员提交的反对该法案申诉中指出,他自己的公司一般都要“花费2万至3万美元才能享有一项商业型的专利权”,这对尚无专业法律团队的初创企业来说实在是笔大开支。

他称多数专利权来自小型企业,大部分突破型创新也是小公司的想法,大型企业却甚少创新作为,后者一般只会通过战略合作,投资或收购小企业推动创新发展,这项法案将给创新领域带来巨大冲击。

2)据Fusible报道,社交游戏开发商Zynga正不遗余力地保护其知识产权,截止9月20日,已收购超过75个与《Mafia Wars 2》名称相关的网站域名,这些网址涉及抨击或赞扬Mafia Wars的字眼,例如mafiawars2sucks.com,ilovemafiwars2.com,或其他故意套用该游戏名称的网址,例如wwwmafiawars2.com。

mafia-wars-2(from venturebeat.com)

mafia-wars-2(from venturebeat.com)

3)Facebook首席技术官Bret Taylor在最近的f8大会上发言表示,Facebook平台不会设置应用程序的“中央储存库”,也就是说Facebook并没有开发传说中的“Facebook应用商店”。

f8_presser(from readwriteweb)

f8_presser(from readwriteweb)

他称通过Open Graph进入Timeline的应用可运行于浏览器、平板电脑和智能手机等多个平台,未来将有多种网页应用进入Facebook移动平台。

但观察者称,Taylor这番话并不能表明Facebook就不会紧随苹果和Android步伐,推出基于网页的应用商店。

4)1991年的Amiga游戏《Another World》在近日诞生20周年之际推出了iOS版本。

Another World(from techcrunch)

Another World(from techcrunch)

玩家在游戏中的任务是指引一名红发的物理学家走进一个异域世界,其玩法与原先版本并无差异,基本上是原游戏的一个直接移植版本。但最大的问题在于,触摸屏控制方式给游戏带来了更大的操作难度。该游戏目前在App Store售价为4.99美元。

5)美国运通近日进军虚拟商品交易市场,出手3000万美元收购目虚拟货币公司Sometrics,意在通过后者的用户基础,拓展自己的数字支付平台业务。在被收购之前,Sometrics已有2.5亿用户。今年1月份,美国运通竞争对手Visa以1.9亿美元收购了游戏盈利解决方案供应商Playspan。

sometrics(from techcrunch.com)

sometrics(from techcrunch.com)

据Inside Virtual Goods报告显示,2011年美国虚拟商品交易市场规模将达12亿美元。

6)开发商Game Face Gaming最近发布了其在线游戏平台Face Up Gaming,结合了社交网络和在线竞争元素,旨在打造一个全球性的游戏平台,支持任何语言的玩家通过各种连网设备玩游戏。玩家登录该网站并玩过游戏之后,仍可与在游戏中结识的玩伴保持联系。

Face Up Gaming(from equitygroups.wordpress)

Face Up Gaming(from equitygroups.wordpress)

Face Up Gaming刚进入内部测试阶段,计划在10月份扩大测试范围。

7)CBS热门电视剧《生活大爆炸》(The Big Bang Theory)为庆祝推出第15季,发布了一款社交游戏《The Big Bang Theory: The Mystic Warlords of Ka’a》。该游戏取材于电视剧主角最喜欢玩的卡片搜集游戏,支持玩家搜集和交卡片,与电视剧中的角色进行互动,向好友发起挑战。

The Big Bang Theory:Mystic Warlords of Ka'a(from crazycony.com)

The Big Bang Theory:Mystic Warlords of Ka'a(from crazycony.com)

该游戏出自Dire Wolf Digital公司之手,并由华纳兄弟发行。

8)据GDC China报道,App Store最著名的两只鸟——《Angry Birds》和《Air Penguin》开发商Rovio、Gamevil公司将同时出席GDC China作为在中国的首度开讲,Rovio首席营销官Peter Vesterbacka的演讲主题是《Angry Birds——具备娱乐产品系列要素的优秀游戏》。

angrybirds-moonfestival(from gamingxpress.com)

angrybirds-moonfestival(from gamingxpress.com)

另一款热门手机游戏《涂鸦跳跃》开发商Lima Sky公司总裁兼创始人Igor Pušenjak也将现身本届GDC China,与听众分享《涂鸦跳跃》背后的开发与营销故事。《水果忍者》开发商Halfbrick工作室首席营销官Phil Larsen也将出席11月14日的移动游戏峰会现场,讲解《水果忍者》品牌创始、营销和发展历程。

除此之外,gamasutra热门阅读文章《解析人类求生本能在游戏关卡设计中的应用》作者Christopher Totten、《最终幻想Ⅶ》配乐制作人崎元仁、Square Enix公司全球技术总监Julien Mercero、独立游戏《Flow》开发者陈星汉也将参与本次大会演讲。(本文为游戏邦/gamerboom.com编译,如需转载请联系:游戏邦

1)OnLive CEO: New Patent Law ‘Devastating To Ingenuity’

by Kris Graft

President Barack Obama signed into law the America Invents Act, a new measure meant to reform the U.S. patent system and encourage innovation, entrepreneurship and help fuel the country’s ailing job market.

But Steve Perlman, CEO of game streaming service OnLive, inventor of QuickTime and WebTV, and holder of over 100 patents told Gamasutra in a new feature that the act brings little reform, and actually will have a detrimental effect on innovation.

“This America Invents Act only impacts small entities such as individual inventors and startups. It has virtually no impact on large entities or so-called ‘patent trolls,’ and does nothing to keep patent disputes out of court or reduce patent litigation,” Perlman said.

The reason for this, he said, is because the law brings the U.S. from a “first-to-invent” to a “first-to-file” patent system — the latter of which is used by the U.S.’s major trade partners.

So instead of Joe Inventor and Jane Ingenious arguing in front of a court over who first conceived the idea for a new holographic social game that charges microtransactions via brainwaves, a court can actually look at the date to determine who filed for the patent first. Whoever filed first, wins (i.e., is granted the patent).

While this might streamline the patent process, Perlman argued that it favors major corporations over smaller, more innovative startups. He explained, “The act forces small entities to file far more patents far earlier in the development process prior to receiving the funding that would be needed to pay for such patents. And, even when such patents issue, it adds further cost because it makes it easier for larger entities to establish expensive barriers to small entities receiving patents.”

In his personal campaign against the act, Perlman has noted in past letters to senators [PDF] that with his companies, it “typically costs us $20,000-$30,000 to obtain a commercial-grade patent.” That’s pricey for a startup with no dedicated legal team.

“It will have a devastating impact on ingenuity,” Perlman argued. “The majority of patents are filed by small entities, and the vast majority of breakthrough ideas come from small entities. Large entities, by their nature, simply produce far fewer breakthrough ideas, and historically they have partnered, invested in or acquired small entities to drive innovation forward. This act will place an enormous damper on innovation.”(source:gamasutra

2)Zynga Goes on Defensive Domain Buying Spree

While Zynga was announcing Mafia Wars 2, they were going to great lengths to protect that new IP.  Zynga purchased over 75 web addresses on September 20th, according to information uncovered by Fusible. The addresses cover almost every possible iteration of the Mafia Wars name, from insulting – mafiawars2sucks.com, to fawning – ilovemafiawars2.com, to purposely mistyped – wwwmafiawars2.com. While none of the domains seem to go anywhere yet, the complete list can be found here.(source:insidesocialgames

3)Facebook CTO: We Are Not Working On An App Store

By Dan Rowinski

Facebook chief technology officer Bret Taylor said today after the f8 keynote that there will “be no central repository” for apps on the platform. That means that the company is not working on a “Facebook App Store.” He also said that the new apps coming to Timeline through the open graph will be platform agnostic, meaning that they will cross browser and devices such as tablets and smartphones. Hence, there should be a whole new vertical of Web applications coming to Facebook’s mobile platform soon.

Taylor said that Facebook believes that users will discover apps through their graphs and sharing, which fits well into what was announced this morning at the keynote. Does it mean that Facebook is not going to go after Apple and Android native applications with a Web-based store? Not necessarily. Facebook today took the first steps that will bring its platforms games to every browser that can access the Internet.(source:readwriteweb

4)”Another World” Finds New Life On iOS, Still Crazy Hard

Chris Velazco

When it was released in 1991 on the Amiga, Another World was one of those games that drew you into its world from the very first second, and kept you at rapt attention even after you died countless times. The game has spent nearly two decades meandering from computer to console and vice versa, but Eric Chahi’s creation has just made the leap onto iOS just in time for its 20th anniversary.

Another World is a platformer that follows a red-headed, Ferrari-driving physicist whose latest experiment launches him into an alien world. Better known as the less auspicious “Out Of This World” here in the States, the new app from DotEmu and BulkyPix plays things very close to the original. The pixelated retro look of the main character and the alien world in which he finds himself have been replaced with crisper visuals, but (thankfully) the game retains its quiet, alien charm. Purists will be glad to know, though, that the game’s original look is a quick two-finger swipe away.

In order to attain the fluid motion that made Another World such an eye-opener, creator Chahi rotoscoped video of himself bounding over and picking up objects. In light of today’s hyper-realistic games, Chahi’s efforts may look quaint, but it’s sure to fill old-school gamers with a bit of nostalgia.

No flash has been added to appeal to new audiences, and the unwavering difficulty remains the same — it’s a essentially a straight port of a classic, for better or worse. The biggest stumbling block that Another World has to contend with is the device that it’s now going to be played on.

It was never an especially easy game, even when you had a trusty keyboard to work with, but playing it with a touchscreen adds another level of challenge to a game that doesn’t need it. Example: the beginning of the game requires you to run and bound over a few poisonous slugs, and then run in the opposite direction from a larger alien beastie. I played it for a bit and the game was as difficult as ever but the up and down swipes to swim, jump, and interact with objects were a bit easier on the iPad than I expected but still not quite there.

Maybe my reflexes have dulled since last I played, but it took me several tries to guide the our protagonist through those first minutes of the game. The touch controls start to make more sense after a while, but (and this is critical) I never really like I had full control over my character.

It’s a shame, really. Another World is one of those games that nerds (like myself) have put on a pedestal over the years, but the controls really mar what is otherwise a fond trip down memory lane. For those willing to deal with iffy controls to relive the good ol’ days, Another World costs $4.99 and is available in the App Store now.(source:techcrunch

5)American Express Gets into the Virtual Goods Market

American Express is following in the footsteps of rival Visa with the purchase of virtual currency company Sometrics. The deal, worth $30 million, will expand Amex’s Serve digital payments platform, giving it access to Sometrics’ existing customer base. Before the acquisition, Sometrics’ served 250 million customers. In February, Visa bought game monetization service Playspan for $190 million. According our Inside Virtual Goods Report, the virtual goods market will be worth approximately $1.2 billion in 2011.(source:insidesocialgames

6)Social Gaming Network Face Up Gaming Goes into Beta

Developer Game Face Gaming is hoping there’s room in the crowded social games landscape for its new online gaming platform, Face Up Gaming. The platform is a non-wagering poker site that combines social networking elements with competitive online gaming. According to CEO Felix Elinson, the goal is to create a global gaming platform that supports cross language play that’s accessible from any internet device. Players will be able to log on, play a game and maintain connections they make with fellow players after the game is over. Face Up Gaming just went into limited beta, with plans to move forward into an expanded beta by October.(source:insidesocialgames

7)[Launch] Big Bang Theory Comes to Facebook with Mystic Warlords of Ka’a

The hit CBS show The Big Bang Theory celebrated the debut of its fifth season with the launch of a new Facebook game called The Big Bang Theory: The Mystic Warlords of Ka’a. Based on the character’s favorite game in the show, The Mystic Warlords of Ka’a is a digital collectible card game, where fans can collect and trade cards with one another, play with characters from the series and challenge their friends to matches. The game was developed for Warner Bros. Interactive Entertainment by Dire Wolf Digital.(source:insidesocialgames


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