In what may very well go down as the WTF of 2009, Worlds.com CEO Thom Kidrin has put the entire Virtual Worlds industry on notice.  He claims that his company patented and owns the IP rights to scalable virtual worlds.  Let’s let that soak in for a moment. ….and we’re back.  In essence, what Kidrin and Worlds.com are doing is threatening the livelihood of an entire industry.  And yes, this lawsuit and IP infringement applies to the big boys as well, including Second Life and World of Warcraft.

And while I thought Atari and Codmasters legal assault on gamers was pretty up there on the ‘say what now?’ scale, Kidrin and Co. may have just taken the number one spot.  Worlds.com is already taking action against NCSoft, creators of City of Heroes and Guild Wars, filing in East Texas, an area know for it’s plaintiff friendly rulings in intellectual property cases.

Speaking to Eric Krangel from The Business Insider, Kidrin said that he “absolutely” intends to pursue follow up suits against Second Life and WoW.

But let’s take a step back and find out where all of this is coming from.  Back in December ’08, the then relatively unknown Worlds.com claimed to be holding a patent on virtual worlds ideas from 1997.  This patent originated from a developers work on a Steven Spielberg backed ‘Starbright World’, a part of the Starlight Starbright Foundation’s work with seriously ill children.  Wanting to protect the privacy and relative closed network feature of the virtual world, the Starbright folks, rightfully so, kept the project quiet.

Fast forward 10+ years, and a number of Starbright’s patents pass from the original creators to Worlds.com.  And while these patents do not cover ‘Virtual Worlds’ per se, and how we view them today, they do cover an architecture for enabling thousands of simultaneous users in a 3D virtual space.  Lawyers from General Patent Corporation pointed at this patent to the Worlds.com management, and encouraged them to pursue licensing deals.

Kindrin asserts that he’s not out to take any companies down and put them out of business, it’s just that he wants to get paid for what he and the Worlds.com management see as their lawful intellectual property.  Ummm, right.

Given the amount prior art available, chances are that this patent lawsuit is already moot.  As WoW Insider deftly points out, the same case could be made around the term ‘Cyberspace’.

However, let’s take a look at the definition of Cyberspace. It was first used in William Gibson‘s 1982 story “Burning Chrome” and again used in a few of his books, with “Neuromancer” being the most popular. Gibson’s definition for Cyberspace reads:

“Cyberspace. A consensual hallucination experienced daily by billions of legitimate operators, in every nation, by children being taught mathematical concepts… A graphic representation of data abstracted from banks of every computer in the human system. Unthinkable complexity. Lines of light ranged in the nonspace of the mind, clusters and constellations of data.”

Now there are a few interesting parts there, in that the Gibson created a fictional representation of a world that was shared graphically with billions of legitimate operators. Sound familiar? It’s exactly what WoW is: a graphical world shared by millions of legitimate operators, abstract data that is unthinkably complex, arranging lines of light in the nonspace of the mind, and teaching children mathematical concepts (ie: threat, gear statistics, etc…)

Related articles by Zemanta

• Worlds.com Targets World of Warcraft, Second Life For Patent Suit [Lawsuits] (kotaku.com)
• Company plans to sue Blizzard over virtual world patent (joystiq.com)
• Worlds.com To Activision, Linden Lab: ‘Pay Up Or We’ll Sue’ (paidcontent.org)
• Worlds.com Files Suit Against NCsoft – Every Other MMO Company To Follow? [When Virtual Worlds Collide] (kotaku.com)
• City of Heroes fingered in MMO patent lawsuit (theregister.co.uk)
• Worlds.com Asserting Patents on Virtual Worlds (terranova.blogs.com)

Tags: business insider, city of heroes, ill children, intellectual property cases, ip rights, legal assault, Second Life, starlight starbright foundation, steven spielberg, virtual space, virtual world, virtual worlds, World of Warcraft

This entry was posted on Thursday, March 12th, 2009 at 12:32 pm and is filed under industry news. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.