The Electronic Frontier Foundation is launching what it calls the Patent Busting Project, a campaign to recall patents awarded to large companies that are detrimental to the well-being of public domain. One of the companies listed in their "Top Ten" is Nintendo. They recently patented Game Boy software emulation, amid some controversy and some legal action on the part of some companies.
The EFF is claiming that the Nintendo patent is making it unfair for smaller companies to take advantage of something that was supposedly allowable under the fair-use doctrine, which in this case is technology used to emulate game hardware. EFF attorney Jason Schultz says about Nintendo's patent, "a bunch of small game companies are writing these emulators, and they're really no threat to Nintendo. But Nintendo is being a big bully." Their website states that the "crime against the public domain" is that the patent "threatens reverse engineering of videogames to promote interoperability and emulation by hobbyists and entrepreneurs...".
The EFF is trying to round up evidence to bring to court in order to invalidate Nintendo's patent, as well as the nine other patents in their list. If you think Nintendo's patent is out of line, you can offer your assistance to the organization, but considering Nintendo's record in court, they're going to have a long fight ahead of them.
Quote
Remember that technically, they're not arguing about the actual games, but rather, the process of reverse-engineering the hardware to make software-based emulators.
Quote
threatens reverse engineering of videogames to promote interoperability and emulation by hobbyists and entrepreneurs...
Quote
Not only that, but even if one accepted the premise that software patents should be allowed, this one should probably be busted anyway -- Game Boy emulators have certainly been around since before Nintendo filed their patent.
I hate to say it, but I'm ashamed of the big 'N' for applying for the patent.
