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Comment Arbitrary vs. descriptive marks (Score 1) 169

You're allowed to register a trademark for a term that is arbitrary in the field of use. For example, "Apple" is an existing English word, but it is arbitrary for phonorecords of musical recordings (Apple Corps) or computers (Apple Inc.) because there is nothing about the products themselves that suggests an apple. But if something is merely descriptive, it's much harder to qualify for a trademark. For example, "Candy" would appear to be descriptive for a computer game in which the player interacts with game pieces that depict sweets. The registrant has to show that the mark has gained a secondary meaning in the field of use.

Comment Merely descriptive (Score 2) 169

I thought "candy" would be considered merely descriptive for a video game that depicts pieces of candy as the objects with which the player interacts. For example, in both Yoshi's Cookie and Cookie Clicker, the player interacts with cookies. Unless a merely descriptive term gains a secondary meaning, I don't see how it should be eligible for a trademark.

Comment Frozen Bubble (Score 1) 169

Burning copycat apps who are ripping off your game is a different issue

That depends. Several years ago, Taito published a video game called Bust-A-Move (Puzzle Bobble in some markets). Should Taito (a Square Enix company) take action against the developers of free software such as Frozen Bubble , which has the same rules?

Comment Re:Market is Apple/Google's, but N has an advantag (Score 1) 559

The platform is also open-source. If you wanted to you could make an Android-based console of your own - like a tablet with a controller built in.

OUYA was supposed to be that, with the same CPU and GPU as the Nexus 7 tablet, but it appears to have fizzled for some reason.

I imagine that XBox is somewhat painful to license a game for, but for that you can at least target your code at Windows to get started and port it over, and have a consolation prize if MS doesn't let you in.

The consolation prize might be useful for single-player and for genres where players tolerate online-only multiplayer, such as first-person shooters. But it's not so useful for genres where players expect to share a screen, such as fighting games. I've been told that not many people are willing to buy a second Windows PC to put next to the TV, to carry a Windows PC back and forth between the PC and the TV, or to plug in two to four USB game controllers and crowd around a desktop monitor, just to play one game that the console makers turned down. If you have evidence to the contrary, I'd like to see it.

Comment Define "the executable" (Score 1) 279

The signature is not required for rebuilding the executable, it is only required for installation and execution on a particular platform which the LGPLv2.1 does not specify is required.

Then we differ on how "the executable" is defined. Some platforms sign an installation package containing the executable, some sign the executable itself, and some sign both. For example, under Windows, both the MSI installation package and the EXE inside it can carry an Authenticode signature. Rebuilding "the executable" would require signing it.

Comment CYA screen (Score 1) 559

What difference does auto-run make in that scenario? A seizure is a seizure, whether it happens right after you hit the power button or a few seconds later after you tell the device to start the game.

When the Wii is powered on or resumed from WC24 sleep (amber power light), Wii Menu displays a health and safety warning screen, directing the player to the console's manual, to cover Nintendo's behind. (When started by closing a game or channel, Wii Menu instead briefly displays a grid of gray rectangles on a black field in the shape of the channel grid.) If the player presses A on that screen, Nintendo has a defense that the player reasonably should have read the warnings in the manual.

Comment Re:LGPLv2.1 allows static linking: ship .o files (Score 1) 279

You can rebuild the executable, that is all that matters. This does not mean they need to provide a means for you to install it on the device.

If the executable contains a valid signature, and they do not provide a means to add a valid signature, then they do not provide a means to rebuild the executable.

Comment Epilepsy warning (Score 1) 559

Firmware update: launch straight to the title screen of whatever game is loaded. All the OS fluff can be accessed as needed, but power-on straight to the game.

That won't happen because lawsuits. Several parents didn't discover that their children were photosensitive until they seized while using a Nintendo product, and then the parents lawyered up.

Comment PS4/XbOne not "computers"; why no MMO AC (Score 1) 559

I would promote the Wii U as a game console as the only game console out their( say that the other two are living room computers).

One of the other three (Steam Machine) is a "living room computer", as was the fat PlayStation 3 prior to 3.21. But I don't see how PlayStation 4 and Xbox One are "computers" in any sense that usefully contrasts with a "game console". For example, they can't run word processors or spreadsheets because the console maker chooses not to sign LibreOffice.

I am thinking a large MMO animal crossing or Pokemon game would do it well.

Pokemon already has trading and PvP with strangers and friends, even if the game itself is entirely instanced so that it can run locally. I don't see Animal Crossing going MMO, or even letting strangers visit your town, because of the potential for vandalizing another player's town, disclosing PII, or other kinds of griefing. I know certain vocal gamers dislike friend codes, but there's a reason for them.

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