Topic: Nintendo Sues Nyko for Wireless Nunchuk

[Flames_of_chaos]

This makes me a sad panda. What's so wrong Nintendo? Why are you so MEAN?!?!?! T_T

Nintendo is "mean" because Nyko's wireless Nunchuk is a blatant copy down to the same materials, form factorr used for producing these nunchuks. Nyko would of saved so much trouble if they would of went through the process of getting this certified and licensed by Nintendo (it probably wouldn't get certified because they are performance issues with numerous Wii games).

Although you make some excellent points, I can't help but wonder why Nintendo is pursuing this. These peripherals are still designed to work for their Wii, so it's not like its benefitting their competitors or anything. I could see them suing Sony or MS for making something like this for their systems, but this is from a 3rd party and it is for Nintendo's own system...

Nintendo is doing this because they are simply defending their pattens, if Nintendo doesn't then how much you want to bet counterfeit Nunchuks will hit the market there are already counterfeit Wii remotes in the asian market. But in all seriousness Nyko used the same exact materials, design, control stick, buttons. Basically I believe it's a matter of principal since Nyko did not bother to get this licensed.

[D_Average]

I think the wireless nunchuk is a GREAT idea.  Unfortunately, I have no use for it.  Had their been a good boxing, basketball, or baseball game by now, it would definitely come in handy (to keep the wire from smacking my face).  Sadly though, Wii Sports is the best damn sports game we have.

[Crimm]

I'm going to point out that there is a legal reason for Nintendo to defend their patents.

If Company A fails to defend a patent (IE: another company, Company B, produces something in violation of A's patent, and Company A does not sue them despite knowing of it) then if a third company, Company C, violates the patent C can use A's non-action in the case with Company B as a defence in court.

[nickmitch]

Crimm's probably right, but we won't have decisive evidence of Nintendo's real reasons for suing until the end of the case. A small, out of court settlement would support his argument.

[Shecky]

Argh, need to buy one or two of these quick.

Was planning on using them as my "mouse buttons" for my IR pen / Wii Remote combo.  In other words have this in my left hand as I work the IR pen in my right.

[Flames_of_chaos]

Crimm's probably right, but we won't have decisive evidence of Nintendo's real reasons for suing until the end of the case. A small, out of court settlement would support his argument.

I doubt Nintendo is producing a wireless nunchuk it's more of protecting Nintendo's pattens.

Argh, need to buy one or two of these quick.

Was planning on using them as my "mouse buttons" for my IR pen / Wii Remote combo.  In other words have this in my left hand as I work the IR pen in my right.

Well you may encounter one big problem, a lot of Wii games have flaky response when using this accessory and I don't know how bad it will be with the IR pen idea.

[KDR_11k]

I'm going to point out that there is a legal reason for Nintendo to defend their patents.

If Company A fails to defend a patent (IE: another company, Company B, produces something in violation of A's patent, and Company A does not sue them despite knowing of it) then if a third company, Company C, violates the patent C can use A's non-action in the case with Company B as a defence in court.

I doubt that triggers easily (most likely you'd have to ignore tons of competitors before the courts would say that you're being unfair) but they probably don't want it to start, yes.

[Shecky]

Argh, need to buy one or two of these quick.

Was planning on using them as my "mouse buttons" for my IR pen / Wii Remote combo.  In other words have this in my left hand as I work the IR pen in my right.

Well you may encounter one big problem, a lot of Wii games have flaky response when using this accessory and I don't know how bad it will be with the IR pen idea.

Hmm.  Well it be interesting to compare to the Nunchuck Adapter by the same company.  Anyone have any pointers to well done reviews?

[UltimatePartyBear]

I'm going to point out that there is a legal reason for Nintendo to defend their patents.

If Company A fails to defend a patent (IE: another company, Company B, produces something in violation of A's patent, and Company A does not sue them despite knowing of it) then if a third company, Company C, violates the patent C can use A's non-action in the case with Company B as a defence in court.

I'm pretty sure you're getting this mixed up with trademark law.

[Flames_of_chaos]

I'm going to point out that there is a legal reason for Nintendo to defend their patents.

If Company A fails to defend a patent (IE: another company, Company B, produces something in violation of A's patent, and Company A does not sue them despite knowing of it) then if a third company, Company C, violates the patent C can use A's non-action in the case with Company B as a defence in court.

I'm pretty sure you're getting this mixed up with trademark law.

Not really since they are also suing for the Nunchuk trademark/copyright.

[UltimatePartyBear]

Crimm only mentioned patents, which don't work that way.  Trademarks can sometimes work that way.  The press release doesn't even mention anything about copyrights, but they definitely don't work that way.

[Flames_of_chaos]

It doesn't?? You should read it carefully again.

"Nyko sells a wireless Kama Nunchuk designed to work with the Wii system. Nintendo contends the Nyko product copies its patented designs and infringes its trademarks for the Nunchuk name and packaging. The word ``nunchuk'' refers to a martial-arts weapon made from two sticks connected with a chain."

"The Nyko product ``wholly appropriates the novel shape, design, overall appearance and even the color and materials used in the Nintendo Nunchuk controller,'' Nintendo said in the federal court complaint, filed June 10 in Seattle."

[NinGurl69 *huggles]

Yup, there's no nunchuck in that Nyko.

It's just a freehand motion sensing butt plug.

[UltimatePartyBear]

It doesn't?? You should read it carefully again.

It doesn't.  You should read it carefully again.

[Flames_of_chaos]

Umm I just provided you proof that it did include it read the two quotes.

[UltimatePartyBear]

Perhaps there is some confusion.  I claimed that the press release doesn't mention any copyright infringement claims, and it doesn't.  It uses the word "copies" in reference to patents, and that's as close as it gets.  You understand that copyright is an entirely different animal than patents and trademarks, right?

[NinGurl69 *huggles]

I saw the Nyko Kama at Wal-Mart today.  It looks very close to the original Chuckster.  The one-ring rubber stick, the color tone, shape, and octagonal stick border look dangerous close to the original.

I was also under the impression that Nintendo had a patent on the octagon border around the stick in its controllers, and it would've been a design component that would be licensed to 3rd party controller makers (and maybe an obvious reason xbox and ps2 analog sticks are just surrounded by a circle).  I don't think Nyko ever made a GameCube controller, and thus were not aware of the 3rd party design differentiation issue Nintendo would have.  Nyko goofed up.

[DAaaMan64]

Nah, that octagon shape was in third party n64 controllers. I love that octagon idea.

[NinGurl69 *huggles]

I said they could've paid to use that aspect of the design (while everything else was horrible).

Nyko... did a great job.  Cuz it's mostly not their design.