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**What Would Kevin Do?** · 06-27-2008, 06:28 AM

I read Microsoft's patent, and it's... interesting. I say this mainly because the patent doesn't really cover anything concrete. It doesn't really even attempt to cover a method of using custom soundtracks, but the idea of custom soundtracks in itself. Instead of saying "We are patenting the method of using custom soundtracks using this program, or this delivery method." They seem to be saying "We're trying to cover any method of a system replacing the default in game music with other music. That's like someone in the 80's trying to patent "portable music player" as any device that plays music without the need of being plugged into an electrical outlet" , instead of patenting "Walkmen" instead.

Instead of trying to protect the method, they're trying to protect the act, which is the bigger problem. You might be able to patent a method a new grill uses for grilling, but you can't patent the act of grilling itself, and that's essentially what the patent is trying to do. It's patenting the act of replacing in game music.

That's a bit of a moot point though, because regardless of the question of wether or not the patent would hold up under scrutiny, there are still ways around it. For example, the the wording of the patent, it cannot ask you to use a "custom soundtrack" and replace the default soundtrack with it, or allow you to "create a custom soundtrack" and then replace the soundtrack with that. However, it does not say you cannot play a custom playlist during a game. So, in theory, if you can access the XMB in mid game, you can play the playlist, since the XMB is something separate from the game. Furthermore, they can't forbid you from turning off the default soundtrack, so if you can manually turn off the default soundtrack, and then turn on your custom playlist, it works around the patent.

Also, the patent seems to address the gaming system specifically doing it, but it has no mention of the video games doing it. So Sony could just have the developers put the features in the game itself (which they've already done.) If the gaming system isn't initiating it, but instead the game is, and pulling the soundtrack from the medium, it works around the patent as well.

06-27-2008, 06:28 AM	#21
What Would Kevin Do? Ninja Mod, Esquire Posts: 12,676	I read Microsoft's patent, and it's... interesting. I say this mainly because the patent doesn't really cover anything concrete. It doesn't really even attempt to cover a method of using custom soundtracks, but the idea of custom soundtracks in itself. Instead of saying "We are patenting the method of using custom soundtracks using this program, or this delivery method." They seem to be saying "We're trying to cover any method of a system replacing the default in game music with other music. That's like someone in the 80's trying to patent "portable music player" as any device that plays music without the need of being plugged into an electrical outlet" , instead of patenting "Walkmen" instead. Instead of trying to protect the method, they're trying to protect the act, which is the bigger problem. You might be able to patent a method a new grill uses for grilling, but you can't patent the act of grilling itself, and that's essentially what the patent is trying to do. It's patenting the act of replacing in game music. That's a bit of a moot point though, because regardless of the question of wether or not the patent would hold up under scrutiny, there are still ways around it. For example, the the wording of the patent, it cannot ask you to use a "custom soundtrack" and replace the default soundtrack with it, or allow you to "create a custom soundtrack" and then replace the soundtrack with that. However, it does not say you cannot play a custom playlist during a game. So, in theory, if you can access the XMB in mid game, you can play the playlist, since the XMB is something separate from the game. Furthermore, they can't forbid you from turning off the default soundtrack, so if you can manually turn off the default soundtrack, and then turn on your custom playlist, it works around the patent. Also, the patent seems to address the gaming system specifically doing it, but it has no mention of the video games doing it. So Sony could just have the developers put the features in the game itself (which they've already done.) If the gaming system isn't initiating it, but instead the game is, and pulling the soundtrack from the medium, it works around the patent as well.