The Supreme Court ruled on Tuesday that restrictions placed on a patented product could not be enforced through an infringement suit because an authorized sale exhausts all rights under the Patent Act.
So, one would ask, what does this mean?
According to the article,
This implies the court has set a precedent legal ground, and is devastating to IP trolls as well as DMCA takedown abusers. It literally admonishes any TOS that tries to ban streaming, screen shots, reviews, content, etc.... of video games and it's a blow to companies by denying basic rights of the use of the product they purchased from them.
Update:
My initial assumption is incorrect. User @FAST6191 has pointed out the following, via post:
Source
So, one would ask, what does this mean?
According to the article,
When an item passes into commerce, it should not be shaded by a legal cloud on title as it moves through the marketplace. But a license is not about passing title to a product, it is about changing the contours of the patentee's monopoly: The patentee agrees not to exclude a licensee from making or selling the patented invention, expanding the club of authorized producers and sellers.
Update:
My initial assumption is incorrect. User @FAST6191 has pointed out the following, via post:
I read the source as well. Definitely a patent affair. Everything I have seen for let's plays and the like have been copyright and trademark related, and terms of service that spring from each of those. I doubt a judge/court would rush to make an equivalent ruling or use it as a base without serious further consideration either -- with the ways patents are supposed to work, and work in practice, this sort of thing I can see being a good move to prevent stifling of innovation, for copyright and especially trademark I am not sold as is.
For games the best I can see is those that make third party modded controllers are clear from the patent angle, should be easy enough to dodge basic trademarks (don't use the name/imply authorisation), don't know what would go for colours if there is a design patent/industrial design right thing involved and I can't especially see a copyright angle. DMCA I don't know and any "cheating" is an end user problem.
Source
Last edited by delete12345,