U.S. patent application number 11/689977 was filed with the patent office on 2008-01-03 for management and protection of creative works in a virtual environment.
This patent application is currently assigned to LEVIATHAN ENTERTAINMENT, LLC. Invention is credited to Raymond J. Mueller, Andrew S. Van Luchene.
Application Number | 20080004120 11/689977 |
Document ID | / |
Family ID | 46328612 |
Filed Date | 2008-01-03 |
United States Patent
Application |
20080004120 |
Kind Code |
A1 |
Van Luchene; Andrew S. ; et
al. |
January 3, 2008 |
Management and Protection of Creative Works in a Virtual
Environment
Abstract
The present disclosure provides various novel concepts to a
video game environment. The disclosure describes video game
environments that include a method and system for protecting
intellectual property including creative, intellectual, or artistic
works including, but not limited to, poems, plays, and other
literary works, movies, choreographic works, musical compositions,
audio recordings, paintings, drawings, sculptures, photographs,
software, radio and television broadcasts and industrial designs
created by players and characters for use in the virtual
environment.
Inventors: |
Van Luchene; Andrew S.;
(Santa Fe, NM) ; Mueller; Raymond J.; (Palm Beach
Gardens, FL) |
Correspondence
Address: |
GONZALES PATENT SERVICES
4605 CONGRESS AVE. NW
ALBUQUERQUE
NM
87114
US
|
Assignee: |
LEVIATHAN ENTERTAINMENT,
LLC
Santa Fe
NM
|
Family ID: |
46328612 |
Appl. No.: |
11/689977 |
Filed: |
March 22, 2007 |
Related U.S. Patent Documents
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Application
Number |
Filing Date |
Patent Number |
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11428263 |
Jun 30, 2006 |
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11689977 |
|
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11620563 |
Jan 5, 2007 |
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11428263 |
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Current U.S.
Class: |
463/42 |
Current CPC
Class: |
G07F 17/32 20130101;
A63F 9/24 20130101 |
Class at
Publication: |
463/42 |
International
Class: |
A63F 9/24 20060101
A63F009/24 |
Claims
1. A method comprising: providing a first video game environment;
receiving a creative work from a first player character interacting
in the first game environment; obtaining a determination of
registerability for the creative work; and if the creative work is
registerable, registering the creative work in a virtual copyright
office.
2. The method of claim 1, wherein the step of obtaining a
determination of registerability comprises comparing the creative
work to other registered creative works in the virtual
environment.
3. The method of claim 1, wherein the step of obtaining a
determination of registerability comprises comparing the creative
work to other creative works in the real world.
4. The method of claim 2, wherein the comparison is performed by an
Examiner.
5. The method of claim 2, wherein the comparison is performed by a
panel.
6. The method of claim 2, wherein the comparison is made by an
algorithm.
7. The method of claim 1, wherein all creative works are registered
upon creation.
8. A method comprising: providing a first video game environment;
receiving a creative work from a first player character interacting
in the first game environment; acquiring rights to the creative
work from a first player character; adding the creative work to a
database of creative works created by other characters.
9. The method of claim 8, wherein the database of creative works
may be accessed by other characters.
10. The method of claim 8, wherein player characters must subscribe
to the database in order access creative works by other player
characters.
11. The method of claim 10, wherein the subscription can provide
access to part of the database.
12. The method of claim 10, wherein the subscription can provide
access to the entire database.
13. The method of claim 10, wherein the subscription provides the
ability to download copies of the creative works.
14. A method comprising: providing a first video game environment;
receiving a creative work from a first player character; making the
rights to the creative work available to a second player
character.
15. The method of claim 14 further comprising receiving a request
to purchase a creative work from a second player character;
receiving payment for the creative work from the second player
character; and transferring ownership in the creative work to the
second player character.
16. The method of claim 14 further comprising receiving a request
to license a creative work from a second player character;
negotiating licensing terms; receiving payment for the license from
the second player character; and authorizing the second player
character to perform or use the creative work.
17. The method of claim 16, wherein the licensing terms depend on
the venue for the use of the creative work.
18. The method of claim 14, wherein the rights to the creative work
are made available on an exchange.
19. The method of claim 18, wherein the exchange may be between
different virtual environments.
20. The method of claim 18, wherein the different virtual
environments may be in different games.
Description
PRIORITY CLAIM
[0001] The following application is a continuation-in-part of U.S.
patent application Ser. Nos. 11/428,263, "Video Game Environment"
filed Jun. 30, 2006 and 11/620,563 "Copyright of Digital Works in a
Virtual Environment" filed Jan. 5, 2007, each of which is hereby
incorporated by reference.
BACKGROUND
[0002] Video games, such as World of Warcraft and Virtual Worlds,
such as Second Life and Eve, which are accessible to multiple
players via a server, peer to peer network are well known. For
example, hundreds of thousands of players access games known as
massive multi-player online games (MMOGs) and massive multi-player
online role playing games (MMORPGs). Players of these games
customarily access a game repeatedly (for durations typically
ranging from a few minutes to several days) over a given period of
time, which may be days, weeks, months or even years. The games are
often constructed such that players pay a periodic subscription
price (e.g., $15 per month) rather than, or in addition to, paying
a one time purchase price for the game. Often, though not
necessarily, these games have no ultimate "winner" or "winning
goal," but instead attempt to create an enjoyable playing
environment and a strong player community.
[0003] It would be advantageous to provide improved methods and
apparatus for increasing the enjoyment and/or longevity of video
games including, but not necessarily limited to MMOGs and
MMORPGs.
BRIEF DESCRIPTION OF THE DRAWINGS
[0004] FIG. 1 is a block diagram depicting a network according to
an embodiment of the present disclosure.
[0005] FIG. 2 is a block diagram depicting an embodiment of the
present disclosure.
[0006] FIG. 3 is an embodiment of a method of examining a creative
work.
[0007] FIG. 4 is a block diagram depicting an embodiment of the
present disclosure.
[0008] FIG. 5 is an embodiment of a method of subscribing to a
subscription service.
[0009] FIG. 6 is a block diagram depicting an embodiment of the
present disclosure.
DETAILED DESCRIPTION
Definitions:
[0010] Unless stated to the contrary, for the purposes of the
present disclosure, the following terms shall include the following
definitions:
[0011] Alert--Includes the communication, transfer or storage of
information with, by, between or among any two or more real,
virtual or computer generated entities involved in a virtual
environment. Such a transfer may take place between the virtual and
real world, may be limited to the virtual world, may be limited to
virtual world devices, may be limited to the real world, or may be
limited to real world devices. An alert may be triggered by an
alert event.
[0012] Alert Event--Includes any event which triggers an alert.
Such events may be initiations or completions of missions,
transactions, communications; changes in the status of events in
the virtual world, for example, a change in availability, a change
in a trend, a change in price, or the alteration of any other
aspect of an object or entity in a virtual environment.
[0013] Avatar--includes the virtual representation of a player
character.
[0014] Billing Information--includes any information pertaining to
billing a player for playing a game, accessing a game, purchasing
goods or services, or any other reasons. Billing information may
include such real world information as a billing address, credit
card account number, bank account number, pay pal account number or
other payment facilitator, or the account number of any other
financial entity providing a real world credit line or any other
payment-related information.
[0015] Blueprint component--may include any sub sections of a
virtual blueprint that can be treated as a whole. For instance, the
hilt and blade of a sword blueprint or components. Blueprint
components can be items that are made from their own blueprints.
For example the tire blueprint component for a virtual car can be
assembled from the tire blueprint.
[0016] Character Account--includes an account that tracks character
attributes.
[0017] Character Attribute--includes any quality, trait, feature or
characteristic a particular Character can have that is stored in
the corresponding Character Account or is otherwise generally
associated with a Character or Character Account. Character
Attributes may include, but are not be limited to: [0018] 1. A
character score [0019] 2. A genetic profile or makeup [0020] 3. A
ranking [0021] 4. A relationship with another character [0022] 5. A
score for subsequent matching of later game parameters [0023] 6. A
skill or skill level [0024] 7. A synthetic voice [0025] 8. A
virtual object [0026] 9. The ability to join groups of other
players at a later time [0027] 10. The physical appearance of a
character [0028] 11. An emblem or mark [0029] 12. Virtual currency
[0030] 13. Virtual help points or credits [0031] 14. A character's
avatar [0032] 15. A character's clothing or other personal
effects
[0033] Character Life--includes a fixed or variable, finite or
infinite period of virtual or real world time that a player
character can exist in a game environment.
[0034] Character or "player character"--includes a persona created
and controlled by a player in a video game, such as an avatar.
[0035] Character Skills--includes game attributes inherent in or
acquired by a player character during game play such as, but not
limited to: the ability to cast (certain) spells, foretell the
future, read minds, use (certain) weapons, cook, hunt, find herbs,
assemble herbs into potions, mine, assemble objects into other
objects, fly, and/or enchant other player characters.
[0036] Computer Generated (CGC) or Non-Player (NPC)
Character--includes any character that is controlled by the game
system and/or a computer program and/or rules established by the
game system and/or a player and not by a player on a continuous
basis.
[0037] Credit Card--includes a credit instrument issued by a real
or virtual world institution or entity to a player that allows the
player to make purchases by providing an account identifier (e.g. a
credit card number) rather than cash or other currency. An example
is a credit card like those issued by Visa, MasterCard, Discover or
American Express. For the purposes of the present disclosure, the
term "Credit Card" is intended in a very broad sense and is not
limited to those situations in which a player's purchases are made
on credit (i.e. where payments for those purchases is not due until
a later time) but also includes financial instruments such as debit
cards, check cards, lines of credit and the like.
[0038] Game Environment--includes a particular level or area within
a virtual world. Each game environment may have its own rules,
regulation, currency, government, managers, etc. Game environments
may exist within other game environments.
[0039] Game environment manager: entity that administers a game
environment. The game environment manager may be a character,
player, group of characters, group of players, NPC, group of NPCs,
committee, company, religion, government, business entity, third
party, rules, self adapting systems, e.g., genetic algorithms, or
any combination thereof.
[0040] Game Objective or Game Goal--includes a desired state,
condition, result, action, cessation of action, or a desired
outcome and/or change or a delay in change to any of the
preceding.
[0041] Game performance parameter--includes any aspect of a Video
Game by which a player character's, CGC's or NPC's performance can
be measured. Game Parameters shall include, but not be limited to:
[0042] 1. accuracy with weapons [0043] 2. achieving deity or other
status [0044] 3. Completing all or part of a mission [0045] 4.
decreasing or increasing Karma Points [0046] 5. earning a higher
rank in an army [0047] 6. earning income [0048] 7. the proper
weapon [0049] 8. getting married [0050] 9. getting through or to a
certain geographic area [0051] 10. getting, buying, exchanging or
learning a new skill or player attribute [0052] 11. having a child
[0053] 12. status or caste [0054] 13. kill/death ratios [0055] 14.
killing a certain character/creature [0056] 15. obtaining, buying,
trading, producing or developing raw materials [0057] 16.
obtaining, creating or modifying an object [0058] 17. producing
goods or services [0059] 18. Reaching a certain level or score
[0060] 19. Playing for a certain period of time [0061] 20. solving
a puzzle [0062] 21. using or obtaining an ability or technology
[0063] 22. completing a game objective [0064] 23. Winning a match
against another player character or computer generated character
[0065] 24. winning an election among two or more player characters
[0066] 25. assisting other player characters with any of the above.
[0067] 26. the speed of accomplishing or changing the rate or
trends and/or failure to complete of any or all of the above.
[0068] In-game Marketplace--includes a virtual environment where
Characters can exchange items, attributes, or any other
exchangeable game element.
[0069] Item Attributes-shall include any attributes of a virtual
item in a game environment. For example, effective use of item
attribute for virtual armor could be "plus 2 strength for improving
player character wearing the armor.
[0070] Novice Player--includes a player that is relatively new to a
game or game environment, and/or is identified as requiring the
help of an expert to complete a Game Parameter.
[0071] Player--includes an individual who can register an account
with a Video Game Central Server or within a peer-to-peer or other
network and create Characters that can interact with other
Characters in a Virtual Environment, and/or that can authorize a
NPC to act on the player's behalf.
[0072] Player Account--includes an account on the Video Game
Central Server or within a peer-to-peer or other network that
contains a Player profile including personal, billing, and
character account information.
[0073] Player Attribute--includes any attribute that can be applied
to a player account. Player Attributes may include, but are not be
limited to: [0074] 1. Discount of monthly fees for playing game.
[0075] 2. Interest rates for use of or borrowing real or virtual
cash amounts. [0076] 3. Monthly fee for playing a game [0077] 4.
Real Currency. [0078] 5. Rewards for encouraging another player to
signup to play. [0079] 6. Global character attribute settings for
all characters created by player across multiple games [0080] 7.
Any one or more game performance parameters [0081] 8. Or any one or
more or combination of the forgoing
[0082] Player to Player Contract--includes a real and/or virtual
but binding contract between player characters that allows the
players to provide or exchange game attributes to one another. Once
a player-to-player contract is established, the game server or
peer-to-peer or other network automatically distributes acquired
game attributes between the player characters based on the contract
conditions.
[0083] Real Cash Value--includes the value in real dollars of the
virtual currency or obligation. This value can be determined by
multiplying the value of a virtual currency amount by the current
exchange rate to real dollars.
[0084] Registration--in the context of a creative right, includes
the process or mechanism by which an entity is given an enforceable
right with regard to a creative work. Exemplary rights could
include, but are not necessarily limited to, the right to use,
sell, or make, the right to exclude others from using, selling, or
making, the right to reproduce, the right to prevent other from
tainting or tarnishing the work, the right to goodwill associated
with the work, etc.
[0085] Registerable--in the context of a creative right, includes
the idea that a creative work is in a condition for registration.
For example, if a condition for registration is novelty, a work
must be novel in order to be registerable.
[0086] Registratability--in the context of a creative right,
includes the determination of whether or not a creative work is
registerable.
[0087] Total virtual obligation amount--may include the total
amount of the virtual financial obligation(s) associated with a
player character's account or a given transaction.
[0088] Video Game--includes a game played on a Video Game Console
that may or may not be networked to a Video Game Central Server or
within a peer-to-peer or other network.
[0089] Video Game Central Server--may include a CPU, memory and
permanent or temporary storage that is connected to multiple Video
Game Consoles that allows for Massive Multi Player Online Video
Games to be played.
[0090] Video Game Console--includes any device comprising any one
or more of a CPU, memory, optional permanent storage and/or other
components residing at a player location that can allow for the
interaction with or playing of video games. Examples include, home
PCs, PDA's, Cell Phones, Microsoft Xbox, and Sony Playstation
and/or any devices attached thereto, e.g., hand controllers,
joysticks, headsets, etc.
[0091] Virtual--includes in a video game environment or other
intangible or computer generated item, character, or space.
[0092] Virtual Blueprints--includes virtual designs for virtual
items that include information such as dimensions, materials,
skills, and other virtual items or attributes that are required to
assemble a virtual item specified by the blueprint. Virtual
Blueprints may define virtual objects, and/or business methods,
business processes, software, games, costs, prices, and/or
definitions to create any or all of the foregoing.
[0093] Virtual Blueprint Registration number--may include a virtual
registration number assigned to a virtual blueprint.
[0094] In Game Patent Office--includes an entity in connected to a
game environment where blueprints and/or copyrights can be
registered.
[0095] Digital Patent--includes the registration of a virtual
blueprint with a virtual patent office and/or issuance of a virtual
patent number to a virtual patent application.
[0096] Virtual Contract--includes an enforceable agreement between
a first player character and either another player character, a
game server, or a third party. Some examples of virtual contracts
are provided in U.S. patent application Ser. Nos. 11/355,232,
11/279,991, 11/624,662, 11/611,050, 11/621,880, 11/621,886, and
Provisional Patent Application Ser. No. 60/652,036, each of which
is hereby incorporated by reference in its entirety.
[0097] Virtual credit card--includes a financial instrument issued
in a virtual environment by a real or virtual world institution or
entity that acts in the virtual environment for virtual currency
the way a real world credit card acts in the real world for real
currency.
[0098] Virtual Credit Score--includes a score given to players or
player characters or NPC's in a video game based on one or more of
the following criteria, including, but not limited to: one or more
game performance parameters or character attributes, the virtual
assets they possess, the age of the character account, the type of
account, e.g. basic or premium, the available credit line of the
credit card associated with the account, the existing virtual
financial obligations of the player character account, the player
character's payment history including days to pay, amounts overdue
or delinquent, and/or the player character's real world credit
score, and/or any other data or information stored or available or
associated with such player, player character and/or any other
factors used or available in the real world that can be used to
determine a credit score.
[0099] Virtual Creditor--includes a first player character or other
entity who is owed a virtual obligation by a second player
character.
[0100] Virtual Financial Account--includes a virtual account issued
to a player or player character by a virtual bank, virtual
creditor, game server or third party where virtual cash can be
deposited and withdrawn.
[0101] Virtual Financial Intermediary--includes virtual
institutions including virtual creditors, depository institutions,
contractual savings and loan institutions, and investment
intermediaries which offer financial products and services for use
within the virtual environment. The various financial
intermediaries available in the virtual environment may each serve
different or overlapping purposes and provide means for using,
saving, borrowing and transferring currency. Such virtual financial
intermediaries may or may not have a real world counterpart and/or
interact with one or more other virtual or real world financial
intermediaries.
[0102] Virtual Financial Obligation--includes an agreement by a
player or player character or entity to pay one or more game
attributes to another player or player character, NPC, entity,
third party, other financial institution or game server or owner.
This obligation can be a one time payment, or multiple payments
over time. The obligation or agreement can specify that payments
are due on virtual or real dates using virtual or real
currency.
[0103] Virtual Financial Obligation Value--includes the in game
value of the obligation. For virtual cash the value may be stated
as a virtual and/or real cash amount. For other game attributes,
the value can be determined by generating a virtual cash market
value for the item based on the current value in an online
marketplace or exchange or any other applicable means. The value of
the obligation may be fixed or variable and may also be set as a
condition of the player contract and/or by the game server or other
entity.
[0104] Virtual Resource Assignment--may include the act of
assigning resources to components of a virtual blueprint and/or the
database record created from the act.
[0105] Virtual World--includes a world or interactive environment
or other video game created, maintained and/or operated within an
online game such as World of Warcraft, or a virtual community such
as Second Life, Eve or There.com.
[0106] The term "variation" of an invention includes any embodiment
of the invention, unless expressly specified otherwise.
[0107] The term "variation" of an invention includes any embodiment
of the invention, unless expressly specified otherwise.
[0108] A reference to "another embodiment" in describing an
embodiment does not necessarily imply that the referenced
embodiment is mutually exclusive with another embodiment (e.g., an
embodiment described before the referenced embodiment), unless
expressly specified otherwise.
[0109] The terms "include", "includes", "including", "comprising"
and variations thereof mean "including but not limited to", unless
expressly specified otherwise.
[0110] The term "consisting of" and variations thereof includes
"including and limited to", unless expressly specified
otherwise.
[0111] The terms "a", "an" and "the" mean "one or more", unless
expressly specified otherwise.
[0112] The term "plurality" means "two or more", unless expressly
specified otherwise.
[0113] The term "herein" means "in this patent application,
including anything which may be incorporated by reference", unless
expressly specified otherwise.
[0114] The phrase "at least one of", when such phrase modifies a
plurality of things (such as an enumerated list of things) means
any combination of one or more of those things, unless expressly
specified otherwise. For example, the phrase "at least one of a
widget, a car and a wheel" means either (i) a widget, (ii) a car,
(iii) a wheel, (iv) a widget and a car, (v) a widget and a wheel,
(vi) a car and a wheel, or (vii) a widget, a car and a wheel.
[0115] The phrase "based on" does not mean "based only on", unless
expressly specified otherwise. In other words, the phrase "based
on" describes both "based only on" and "based at least on".
[0116] The term "represent" and like terms are not exclusive,
unless expressly specified otherwise. For example, the term
"represents" does not mean "represents only", unless expressly
specified otherwise. In other words, the phrase "the data
represents a credit card number" describes both "the data
represents only a credit card number" and "the data represents a
credit card number and the data also represents something
else".
[0117] The term "whereby" is used herein only to precede a clause
or other set of words that express only the intended result,
objective or consequence of something that is previously and
explicitly recited. Thus, when the term "whereby" is used in a
claim, the clause or other words that the term "whereby" modifies
do not establish specific further limitations of the claim or
otherwise restricts the meaning or scope of the claim.
[0118] The terms "such as", and/or "e.g." and like terms means "for
example", and thus does not limit the term or phrase it explains.
For example, in the sentence "the computer sends data (e.g.,
instructions, a data structure) over the Internet", the term "e.g."
explains that "instructions" are an example of "data" that the
computer may send over the Internet, and also explains that "a data
structure" is an example of "data" that the computer may send over
the Internet. However, both "instructions" and "a data structure"
are merely examples of "data", and other things besides
"instructions" and "a data structure" can be "data".
[0119] The term "determining" and grammatical variants thereof
(e.g., to determine a price, determining a value, determine an
object which meets a certain criterion) is used in an extremely
broad sense. The term "determining" encompasses a wide variety of
actions and therefore "determining" can include calculating,
computing, processing, deriving, investigating, looking up (e.g.,
looking up in a table, a database or another data structure),
ascertaining and the like. Also, "determining" can include
receiving (e.g., receiving information), accessing (e.g., accessing
data in a memory) and the like. Also, "determining" can include
resolving, selecting, choosing, establishing, and the like. It does
not imply certainty or absolute precision, and does not imply that
mathematical processing, numerical methods or an algorithm process
be used. Therefore "determining" can include estimating,
predicting, guessing and the like.
[0120] It will be readily apparent to one of ordinary skill in the
art that the various processes described herein may be implemented
by, e.g., appropriately programmed general purpose computers and
computing devices. Typically a processor (e.g., one or more
microprocessors, one or more microcontrollers, one or more digital
signal processors) will receive instructions (e.g., from a memory
or like device), and execute those instructions, thereby performing
one or more processes defined by those instructions.
[0121] A "processor" includes one or more microprocessors, central
processing units (CPUs), computing devices, microcontrollers,
digital signal processors, or like devices or any combination
thereof. Thus a description of a process is likewise a description
of an apparatus for performing the process. The apparatus can
include, e.g., a processor and those input devices and output
devices that are appropriate to perform the method. Further,
programs that implement such methods (as well as other types of
data) may be stored and transmitted using a variety of media (e.g.,
computer readable media) in a number of manners. In some
embodiments, hard-wired circuitry or custom hardware may be used in
place of, or in combination with, some or all of the software
instructions that can implement the processes of various
embodiments. Thus, various combinations of hardware and software
may be used instead of software only.
[0122] The term "computer-readable medium" includes any medium that
participates in providing data (e.g., instructions, data
structures) which may be read by a computer, a processor or a like
device. Such a medium may take many forms, including but not
limited to, non-volatile media, volatile media, and transmission
media. Non-volatile media include, for example, optical or magnetic
disks and other persistent memory. Volatile media include dynamic
random access memory (DRAM), which typically constitutes the main
memory. Transmission media include coaxial cables, copper wire and
fiber optics, including the wires that comprise a system bus
coupled to the processor. Transmission media may include or convey
acoustic waves, light waves and electromagnetic emissions, such as
those generated during radio frequency (RF) and infrared (IR) data
communications. Common forms of computer-readable media include,
for example, a floppy disk, a flexible disk, hard disk, magnetic
tape, any other magnetic medium, a CD-ROM, DVD, any other optical
medium, punch cards, paper tape, any other physical medium with
patterns of holes, a RAM, a PROM, an EPROM, a FLASH-EEPROM, any
other memory chip or cartridge, a carrier wave as described
hereinafter, or any other medium from which a computer can
read.
[0123] Various forms of computer readable media may be involved in
carrying data (e.g. sequences of instructions) to a processor. For
example, data may be (i) delivered from RAM to a processor; (ii)
carried over a wireless transmission medium; (iii) formatted and/or
transmitted according to numerous formats, standards or protocols,
such as Ethernet (or IEEE 802.3), SAP, ATP, Bluetooth.TM., and
TCP/IP, TDMA, CDMA, and 3G; and/or (iv) encrypted to ensure privacy
or prevent fraud in any of a variety of ways well known in the
art.
[0124] Thus a description of a process is likewise a description of
a computer-readable medium storing a program for performing the
process. The computer-readable medium can store (in any appropriate
format) those program elements which are appropriate to perform the
method.
[0125] Just as the description of various steps in a process does
not indicate that all the described steps are required, embodiments
of an apparatus include a computer/computing device operable to
perform some (but not necessarily all) of the described
process.
[0126] Likewise, just as the description of various steps in a
process does not indicate that all the described steps are
required, embodiments of a computer-readable medium storing a
program or data structure include a computer-readable medium
storing a program that, when executed, can cause a processor to
perform some (but not necessarily all) of the described
process.
[0127] Where databases are described, it will be understood by one
of ordinary skill in the art that (i) alternative database
structures to those described may be readily employed, and (ii)
other memory structures besides databases may be readily employed.
Any illustrations or descriptions of any sample databases presented
herein are illustrative arrangements for stored representations of
information. Any number of other arrangements may be employed
besides those suggested by, e.g., tables illustrated in drawings or
elsewhere. Similarly, any illustrated entries of the databases
represent exemplary information only; one of ordinary skill in the
art will understand that the number and content of the entries can
be different from those described herein. Further, despite any
depiction of the databases as tables, other formats (including
relational databases, object-based models and/or distributed
databases) are well known and could be used to store and manipulate
the data types described herein. Likewise, object methods or
behaviors of a database can be used to implement various processes,
such as the described herein. In addition, the databases may, in a
known manner, be stored locally or remotely from any device(s)
which access data in the database.
[0128] Various embodiments can be configured to work in a network
environment including a computer that is in communication (e.g.,
via a communications network) with one or more devices. The
computer may communicate with the devices directly or indirectly,
via any wired or wireless medium (e.g. the Internet, LAN, WAN or
Ethernet, Token Ring, a telephone line, a cable line, a radio
channel, an optical communications line, commercial on-line service
providers, bulletin board systems, a satellite communications link,
or a combination of any of the above). Each of the devices may
themselves comprise computers or other computing devices, such as
those based on the Intel.RTM. Pentium.RTM. or Centrino.TM.
processor, that are adapted to communicate with the computer. Any
number and type of devices may be in communication with the
computer.
[0129] In an embodiment, a server computer or centralized authority
may not be necessary or desirable. For example, the present
invention may, in an embodiment, be practiced on one or more
devices without a central authority. In such an embodiment, any
functions described herein as performed by the server computer or
data described as stored on the server computer may instead be
performed by or stored on one or more such devices.
DESCRIPTION
[0130] Massive multi player online games (MMOGs) or massive
multi-player role-playing games (MMORPGs) are computer game, which
are capable of supporting hundreds, thousands, or millions of
players simultaneously. Typically, this type of game is played in a
giant persistent world where the game continues playing regardless
of whether or not real players are logged in. Players commonly
access these games through a network such as the Internet, and may
or may not be required to purchase additional software or hardware
in order to play the game. Such networks allow for people all over
the world to participate and interact with each other in a virtual
environment. The present disclosure provides systems and methods
which contribute to the stability, viability, evolution and
longevity of such a game and may increase revenues generated by
such games and/or its participants, e.g., players.
[0131] The herein described aspects and drawings illustrate
components contained within, or connected with other components
that permit play in the virtual environment. It is to be understood
that such depicted designs are merely exemplary and that many other
designs may be implemented to achieve the same functionality. Any
arrangement of components to achieve the same functionality is
effectively associated such that the desired functionality is
achieved. FIG. 1 provides an exemplary network which may be used to
support a virtual environment.
[0132] Referring to FIG. 1, a network 10 according to one
embodiment includes a central server 20 in communication with a
plurality of video game playing units (or consoles) 18. Those of
ordinary skill in the art will appreciate that any number of video
game playing units or consoles may be in communication with the
central server. Typically, the number of video game playing units,
i.e., consoles, changes at various times as players join games and
as players stop playing games. Similarly, more than one server may
operate to coordinate the activities of the video game playing
units, as is well known in the art.
[0133] Central server 20 may comprise any computing device (e.g.,
one or more computers) capable of communicating with other
computing devices. The server 20 typically comprises a processor
which is in communication with a storage device, such as an
appropriate combination of RAM, ROM, hard disk, and other well
known storage media. Central server 20 may comprise one or more
servers, personal computers, web servers, dedicated game servers,
video game consoles, or any combination of the foregoing, or the
like.
[0134] Each video game device or console 18 may comprise any device
capable of communicating with central server 20, providing video
game information to a player, and transmitting the player's desired
actions to the central server. Each video game device typically
comprises any one or more of a processor which is in communication
with a storage device, such as an appropriate combination of RAM,
ROM, hard disk, and other well known storage media. Suitable video
game devices include, but are not limited to, personal computers,
video game consoles, mobile phones, and personal data assistants
(PDAs).
[0135] Some or all of video game 17 can be stored on central server
20. Alternatively, some or all of video game 17 may be stored on
the individual video game devices 18. Typically, the video game
devices are able to communicate with one another (either directly
or via a central server or a peer-to-peer or other network). Such
communication may or may not be facilitated by central server 20.
Accordingly, a player 19a accessing video game 17 via game device
18a may be able to play with a player 19b accessing video game 17
via game device 18b. As shown, it may be possible for multiple
players (e.g. 19c, 19d) to access central server 20 via the same
game device (e.g. 18c).
[0136] Regardless of whether video game 17 is stored on central
server 20 or video game devices 18, server 20 is typically
configured to facilitate play of the game between multiple game
players.
[0137] Those having skill in the art will recognize that there is
little distinction between hardware and software implementations.
The use of hardware or software is generally a choice of
convenience or design based on the relative importance of speed,
accuracy, flexibility and predictability. There are therefore
various vehicles by which processes and/or systems described herein
can be effected (e.g., hardware, software, and/or firmware) and
that the preferred vehicle will vary with the context in which the
technologies are deployed.
[0138] At least a portion of the devices and/or processes described
herein can be integrated into a data processing system with a
reasonable amount of experimentation. Those having skill in the art
will recognize that a typical data processing system generally
includes one or more of a system unit housing, a video display
device, memory, processors, operating systems, drivers, graphical
user interfaces, and application programs, interaction devices such
as a touch pad or screen, and/or control systems including feedback
loops and control motors. A typical data processing system may be
implemented utilizing any suitable commercially available
components to create the gaming environment described herein.
[0139] Individuals involved in playing and participating in virtual
environments may spend a great deal of time and energy developing
software, avatars, virtual items, music, text and images to be
used, bought, sold and/or traded within or to be used, bought, sold
and/or traded within a virtual environment. However, most
environments do not protect such music, text and images from being
copied and used by other players. A failure to have such a
protection system in place may stifle creativity as well as the
investment individuals are willing to make in an online
environment, decreasing the economic viability, development and
enjoyment of the game.
[0140] Various embodiments of the present invention address these
issues by providing methods and systems for copyrighting software,
avatars, items, music, text and images, identifying copies of
software, avatars, items, music, text and images as real or
fraudulent, and/or providing a system for transferring rights in
software, avatars, items, music, text and images and a means for
redress for violations of copyrights. A system of protection
encourages individuals to develop virtual environments, increasing
the depth of play and interaction available.
[0141] Virtual copyright may subsist in a wide range of creative,
intellectual, or artistic forms including, but not limited to,
documents, poems, plays, and other literary works, movies,
choreographic works, musical compositions, audio recordings,
paintings, drawings, sculptures, photographs, software, radio and
television broadcasts and industrial designs.
[0142] Players, characters, and other third parties may design
creative, intellectual, or artistic works inside and outside of the
virtual environment. In some embodiments, there may be an in game
editor for creating digital creative works. In other embodiments,
there may be a means for incorporating and/or importing part or all
such creative works from real world applications into the virtual
environment. For example, a method for importing real world objects
into a virtual environment and creating blueprints therefrom is
described in co-pending U.S. application Ser. No. 11/679,669, which
is hereby incorporated by reference.
[0143] A virtual copyright may vest upon creation of the work or
may require registration in order for rights to vest. Rights may be
limited to a particular game environment or game or may be extended
through multiple game environments or games. Rights may be managed
by a master server which manages copyrights for a multitude of
sub-servers. In one embodiment, each copyright application is
automatically registered. In another embodiment, copyright
applications may be examined prior to registration to determine
that the work seeking protection does not copy or otherwise violate
any one else's copyright. Such an examination may include review of
all existing issued and pending registrations, trademarks, and
copyrights in the real world or may be limited to existing issued
and pending registrations, trademarks and copyrights in one or more
virtual worlds or environments. In a further embodiment, there may
be a fee for examination and/or registration. In some embodiments,
there may be fees to maintain registration. In one embodiment, a
work may be reviewed by a panel who may vote to determine if a work
is sufficiently original. In another embodiment, a creator of a
work may be able to defend the work from other copyrighted or
non-copyrighted works.
[0144] In some embodiments, the creator of a work may not have
rights in the copyrighted work. For example, it may be a "work for
hire" in which the employer and not the creator is viewed as the
author of the work. In some embodiments, "a work for hire" may be a
work prepared by an employee within the scope of his or her
employment. In other embodiments, a "work for hire" may be a
specially ordered or commissioned work for use as a contribution to
a collective work, as a part of a virtual motion picture or other
audiovisual work, as a translation, as a supplementary work, as a
compilation, as an instructional text, as a test, as answer
material for a test, or as an atlas.
[0145] The right to use a copyrighted work may be limited to the
creating character or player; may be used by anyone in the game;
may be used by a limited group of people, for example other guild
members, characters in the same city, characters of a particular
rank, characters in possession of a particular attribute or skill;
may be accessible before, during or after completion of a mission;
may be purchased; may be licensed; may be assigned; or any
combination thereof. In some embodiments, copyrighted works may be
accessible to a greater or lesser extent at different points of the
game. In other embodiments, copyrights may be sold, encumbered,
rented or licensed. In further embodiments, unauthorized use of a
copyrighted work may incur penalties including, but not limited to,
fines, automatic royalty payments, limitations on virtual
activities, alteration of an avatar, revision of an outcome or game
play result, or any combination thereof.
[0146] Limitations on the use of a copyrighted work may be based in
whole or in part on the Buenos Aires Convention of 1910, Berne
Convention for the Protection of Literary and Artistic Works,
Convention for the Protection of Producers of Phonograms Against
Unauthorized Duplication of Their Phonograms, Geneva, 1971,
Convention Relating to the Distribution of PROGRAMME-Carrying
Signals Transmitted by Satellite, Brussels, 1974, Universal
Copyright Convention, Geneva, 1952, Universal Copyright Convention
as revised at Paris, 1971, Party to the World Intellectual Property
Organization Copyright Treaty, Geneva, 1996, Party to the World
Intellectual Property Organization Performances and Phonograms
Treaty, Geneva, 1996, Marrakesh Agreement of Apr. 15, 1994, and
U.S. Copyright Act of 1976, each of which is incorporated herein by
reference, and/or by laws, rules and regulations created or passed
using any applicable means, including those created or passed by
any one or more of the game manufacturer, player character(s)
assigned that duty, player character(s) who have the right or the
obligation to perform that duty, a virtual governing entity, or any
combination thereof.
[0147] In some embodiments, copyright protection may have an expiry
point. Expiration of protection may be a function of time, game
play results, a function of the number of copies made, number of
uses, registration or use fees paid or received, or any combination
thereof. In some embodiments, copyrights can be renewed.
[0148] Authorized copies of copyrighted materials may be created
with an edition number, global unique identifier (GUID) or other
identifying indicia such as a number, mark, logo, or the like, or a
combination of such identifiers. Unauthorized copies may not
include such registration information. In one embodiment,
fraudulent copies may lose their GUID or other identifying indicia.
In other embodiments, it may not be possible to use, sell or trade
fraudulent copies on an exchange or otherwise. Examples of in-game
and intra-game exchanges are described, for example, in co-pending
U.S. Patent Application Nos. 11560456 and 11428263, each of which
is hereby incorporated by reference. In further embodiments, there
may be a black market for fraudulent copies of materials and/or of
registration and other identification information/materials.
[0149] Use of a copyrighted work may require the payment of a
royalty or licensing or use fee to the owner of the copyright
and/or the owner's assignee. The royalty payments may be a one time
or periodic fee or a one time and periodic fee. Royalty payments
may be fixed or variable or fixed and variable or fixed and
variable at different points throughout the game and/or based upon
type of use or based upon attributes of the player or player
character paying such fees. Royalty payments may be based on market
forces, negotiation and/or agreement between the owner(s) and one
or more characters, posted prices, vote by a group of player
characters and/or an entity or player character elected to
represent the player characters, the game manufacturer, by the
game, the life span of the registration, the number of times a
copyrighted work has been copied or used, the number of times the
purchaser wants to use the copyrighted work, the intended use of
the copyrighted work, the number of characters who will view the
copyrighted work, a per user fee, any other suitable factors, or
any combination of the foregoing.
[0150] In some embodiments a license may be negotiated for the
right to use or make copies or distribute copyrighted materials. In
some embodiments, such licenses may be exclusive. In other
embodiments, licenses may be non-exclusive.
[0151] In other embodiments, databases of copyrighted materials may
be compiled. Such databases may be accessed in a variety of ways.
In some embodiments, such a database may be accessed using a
subscription service. A subscription service may require
registration and/or may require a subscription be paid in order to
view or listen to copyrighted creative works. Subscriptions may be
set up to view a limited or an unlimited amount of copyrighted
materials, to view set amounts of copyrighted materials, to view
copyrighted materials a specific number of times, to view
copyrighted materials an unlimited number of times, to download
copyrighted materials, to view materials for a particular length of
time, or any combination thereof.
[0152] In additional embodiments, ownership in the copyrighted work
may be transferred, in whole or in part, for example through an
assignment. Such a sale or transfer may take place on or offline,
through an exchange, directly between players and/or characters, or
through a third party. In some embodiments, even with the transfer
of ownership, the creator may retain moral rights in the
copyrighted material, including, but not limited to, the right of
attribution, the right to have a work published anonymously or
pseudonymously, the right to defend derogatory action in relation
to the work, and the right to the integrity of the work.
[0153] In some embodiments, there may be an exemption to licensing
requirements for fair use of a copyrighted work. Fair use allows
limited use of copyrighted material without requiring permission
from the rights holders, such as use for scholarship or review. In
some embodiments, a balancing test may be employed to determine
fair use. Factors to be considered include the purpose and
character of the use, including whether such use is of a commercial
nature or is for nonprofit educational purposes; the nature of the
copyrighted work; the amount and substantiality of the portion used
in relation to the copyrighted work as a whole; and the effect of
the use upon the potential market for or value of the copyrighted
work. In other embodiments, parody of a work may be permissible
without obtaining permission from the rights holders.
[0154] In the event that a copyrighted work is used without
permission, the user may be subject to an injunction, damages, may
be forced to give up rights to goods made using the copyrighted
materials, may have their account cancelled, may be fined, may have
their avatar branded, or may be subjected to any other punishment
deemed appropriate.
[0155] FIG. 2 provides an exemplary system 100 that is suitable for
use with the embodiment described above. As shown, system 100
includes a games server 102 and game environment server 104 each of
which may include or host various programs, routines, or
subroutines and databases. In one embodiment, master game server
102 includes game environment creation and setup program 106 and
import creative works program 114. Game server 102 may further
maintain or be in contact with a plurality of databases, examples
of which include, but are not limited to, a game environment
database 108, player database 110, a copyright database 112, and a
tax database 116. Game environment server 104 may include programs
such as digital rights management programs 120, game environment
management program 122, licensing configuration program 124,
exchange multiplier determination program 126, copyright
examination and registration program 128, copyright expiration
program 130, current date database 132, era database 138, copyright
database 134, exchange multiplier database 140, examiner database
136, player database 142 and player character database 144.
[0156] Creative works may be made in any medium applicable
including, but not limited to: documents, poems, plays, and other
literary works, movies, choreographic works, musical compositions,
audio recordings, paintings, drawings, sculptures, photographs,
software, radio and television broadcasts or content and industrial
and/or esthetic designs in a virtual environment and for
importation into or creation or use within a virtual environment.
In some embodiments creative works are made in a game environment.
In other embodiments, creative works may be made, in whole or in
part, outside of a game environment and imported into a game
environment, for example, using import creative works program 114.
Information regarding created and imported creative works may be
stored by any means applicable, for example, in copyright database
112. Copyright Database 112 may include information such as, but
not limited to: Copyright ID, Copyright Owner, Copyright Creator,
Royalty/Licensing Configuration, and Copyright content. In some
embodiments, all creative works are copyrighted from the moment of
creation. In other embodiments, creative works may need to be
registered.
[0157] Some game environments may have limitations on the types of
creative works that may be imported or employed in that game
environment. For example, particular game environments may be set
in a particular era and may only permit the creation of works that
are appropriate for that or designated eras, i.e. that are not
anachronistic. In another example, particular game environments may
be set in particular physical environments and may permit the
creation of creative works that are applicable to that physical
environment. Regulations for game environments may be established
during game environment creation and setup using game environment
creation and setup program 106 or may evolve as the game
progresses. In one embodiment, rules and regulations may be stored
in game environment database 108 which may include information such
as game environment ID, identification of the owners, percentage
ownership, governance structure, restrictions on imports or
exports, restrictions on creation, configurations, natural
resources, raw materials, attributes, skills, NPCs, creation date,
fee structure, or any other information relating to the game
environment. The appropriateness of a creative work in a particular
game environment may be defined in part by the era, preceding or
subsequent era, or date in the game environment. Such information
may be stored, for example, in current date database 132 and era
database 138. In another embodiment, creative works could be
screened, for example, by game environment management program 122
prior to being displayed or otherwise used in a game
environment.
[0158] In some embodiments, overseeing of creative works may take
place using a program such as digital rights management program 120
which may oversee and/or record the use, importing, creation,
copyright protection, registration, transferal, licensing and
assignment of creative works in a game environment. In some
embodiments, creative works may be copyrighted upon creation. In
other embodiments, creative works may need to be registered in
order to be copyrighted. Registration may take place automatically,
or may require examination of the creative work in order to
determine that it is original and does not violate any virtual real
world patents, registrations, copyrights or trademarks. Such an
examination may occur by any means applicable, for example, through
a governing entity or through a copyright office. In another
embodiment, a guild, professional association, or other entity may
be responsible for conducting examinations. In one embodiment, a
creative work may be analyzed using various rules based expert
systems or genetic algorithms to determine the degree of difference
between one creative work and another. If the degree of difference
is not of an adequate percentage, the creative work can be rejected
by the copyright office system of the game server, for example,
using copyright examination and registration program 128. In some
embodiments, if the registration of a creative work is rejected,
the owner or assignee may appeal such decisions.
[0159] In another embodiment, system 100 may be configured to
determine if a creative work can be registered by performing steps
such as: [0160] 1. Receive a creative work filing, including a
player character inventor ID, a virtual entity assignee ID, and a
creative work. [0161] 2. Compare filed creative work to existing
filed creative works and generate a similarity rating. [0162] 3. If
similarity rating is greater than allowable threshold, flag
creative work as requiring further examination. [0163] 4. If
similarity rating is less than allowable threshold, generate a
registration number. [0164] 5. Assign registration number to
creative work record. [0165] 6. Notify owner that creative work has
been registered and copyright protection obtained.
[0166] If the system is unable to make a determination as to the
originality of a creative work, a determination may be made by
players, characters, or other third parties. In one embodiment,
originality may be determined by a court of competent jurisdiction
(in either the real or virtual world) which may or may not include
a judge, arbiter, and/or a jury and/or another governing or
administrative body or a group of players or player characters that
has been established for the purpose of such review. In another
embodiment, creative works may be reviewed by a panel who may vote
on the originality of a creative work. For example, there may be a
group of experts in a particular field, or of a particular class of
creative work. Such experts may be chosen using any applicable
means, including, for example, by the game server, elected, or
volunteer for the position. In some embodiments, information on
characters available to serve in such positions may be stored, for
example, in player character database 144, which may include
information such as character ID, player ID, assets, skills, skill
levels, obligations, game environment access, creative works
created, creative works licensed, and expertise. In another
embodiment, real world expertise could be accessed, for example
through player database 142 which may include such information as
player ID, character IDs, account information, billing information,
real world history, creative works created, creative works
purchased, and creative works licensed. In a further embodiment,
characters with the necessary expertise may be located in other
environments. Such players may be located, for example using player
database 110. Player database 110 may include such information as
player ID, character IDs, account information, billing information,
real world history, location of characters, creative works created,
creative works purchased, and creative works licensed.
[0167] In another embodiment, examination is performed by an
Examiner. In one embodiment, examiners are hired and governed in
whole or in part by laws and rules, such as the laws and rules of
the Buenos Aires Convention of 1910, Berne Convention for the
Protection of Literary and Artistic Works, Convention for the
Protection of Producers of Phonograms Against Unauthorized
Duplication of Their Phonograms, Geneva, 1971, Convention Relating
to the Distribution of PROGRAMME-Carrying Signals Transmitted by
Satellite, Brussels, 1974, Universal Copyright Convention, Geneva,
1952, Universal Copyright Convention as revised at Paris, 1971,
Party to the World Intellectual Property Organization Copyright
Treaty, Geneva, 1996, Party to the World Intellectual Property
Organization Performances and Phonograms Treaty, Geneva, 1996,
Marrakesh Agreement of Apr. 15, 1994, and U.S. Copyright Act of
1976, each of which is incorporated herein by reference or by laws,
rules and regulations established by the game manufacturer, one or
more players in the game designated for such purpose, any other
body elected by the players and/or appointed by the game
manufacturer, and/or any other entity that is duly authorized to
appoint and/or hire examiners. In some embodiments, Examiners may
or must agree that they cannot create or be involved with the
creation of creative works of the type that they agree to
examine.
[0168] In some embodiments, the role of Examiner may be performed
by NPCs. In other embodiments, Examiners may be other characters.
In a further embodiment, Examiners may be players. According to one
embodiment, a virtual or real fee can be charged to a player
character who wants to register or to maintain registration of a
creative work. A portion of this fee can be paid to other player
characters who are willing to examine the filed creative work for
registerability. In another embodiment, Examiners can be
volunteers. Information regarding examiners may be stored, for
example in Examiner database 136. Examiner database 136 may include
information such as, but not limited to, examiner ID, examiner
class, examiner subclass, and examination history. In some
embodiments, examination may take place using a combination of
Examiners and automated means, for example, through the use of
genetic or other learning algorithms. For example, the server may
select the most closely related creative works and present them to
an Examiner for the final determination regarding registerability.
Such a method may use some or all of the following steps: [0169] 1.
Output a creative work that has a similarity rating higher than
allowable threshold to a player character. [0170] 2. Receive
opinion from player character that creative work can be registered.
[0171] 3. Generate a registration number. [0172] 4. Assign
registration number to creative work record. [0173] 5. Notify
creative work owner that creative work has been registered and
copyright protection obtained.
[0174] In another embodiment, examination may occur using a method
such as that outlined in FIG. 3 where an initial screening is made
comparing a creative work to registered creative works. If the
threshold of similarity is not exceeded, the creative work is
registered. If the threshold is exceeded, the creative work to be
registered and the similar creative work(s) are given to an
Examiner to review. If the Examiner disagrees with the assessment,
the Examiner may register the creative work. If the Examiner agrees
with the assessment that the creative works are too closely
related, a rejection may be sent to the creator or other character
seeking to register the creative work. The creator or other
character or entity, e.g., the assignee or counsel for the owner or
assignee, seeking to register the creative work may then present
arguments regarding the differences between the creative works. If
the Examiner is convinced, the creative work may be registered. If
the Examiner is not convinced, registration and copyright
protection may be denied.
[0175] In some embodiments, copyrighted works may have an
expiration date after which anyone can use them. An expiration date
may be based on a particular length of time since the copyright was
obtained, a particular event occurring, a population density, a
mission being completed, the number of times the copyrighted item
has been used, a licensing stream, a royalty amount, or any
combination thereof. Expiration may be determined, for example, by
using copyright expiration program 130.
[0176] In some embodiments, copyrighted works may be marked as
expired. System 100 may be configured to expire a registration by
performing steps such as: [0177] 1. Determine that a copyright has
reached its expiration date. [0178] 2. Mark copyright as
expired.
[0179] In another embodiment, a copyright may be extended. System
100 may be configured to extend a registration by performing such
stems as. [0180] 1. Determine that a copyright is approaching its
expiration date. [0181] 2. Notify owner that a copyright is
approaching its expiration date. [0182] 3. Receive petition to
extend copyright. [0183] 4. Determine if copyright is eligible to
be extended [0184] 5. Extend copyright. If no petition is received,
a copyright may expire, leaving the creative work available to
everyone. In other embodiments, extension of registration and
copyright protection may require the payment of a fee and/or may be
based upon other requirements, such as the maintaining of good
standing or a certain account type by the owner and/or the
assignee.
[0185] Once they are created, copyrights may be transferred, sold
or licensed. Such transactions may take place through any means
applicable, for example using an exchange such as those described
in the applications incorporated by reference above. Exchanges that
operate between game environments or between games may use
different currencies or valuations. The value of items on an
exchange and the determination of the value to different games and
game environments may be calculated by any means applicable. In one
embodiment, exchange multiplier database 140 may track the exchange
ID number and track or store the multiplier number calculated by
exchange multiplier determination program 126 for purchases and
acquisitions of creative works between exchanges, game
environments, game environment jurisdictions and/or games.
[0186] Items offered on an Exchange may be subject to verification.
System 100 may be configured to find duplicate items or forged
items by performing some or all of the following steps: [0187] 1.
Retrieve an ID number for a virtual creative work that is posted on
an exchange. [0188] 2. Determine if ID number is a valid number.
[0189] 3. Determine if ID number is unique. [0190] 4. Remove
creative work from exchange if ID number in not valid or unique.
[0191] 5. If not valid or unique, notify valid holder of such ID
number.
[0192] In some embodiments, if the item is fraudulent, a penalty
may be imposed on the character attempting to sell the item. Such a
penalty may include an injunction, damages, cancellation of the
character or player's account, a fine, a branding or other marking
of the avatar, any other punishment deemed appropriate, or any
combination thereof.
[0193] Information on copyrights available for transfer, purchase
or licensing may be stored, for example in copyright database 134
and may include information such as, but not limited to, copyright
number, copyright price, and quantity remaining. In one embodiment,
each creator of an item can set a price for the copyright or for
one or more copies of the copyrighted item.
[0194] System 100 may be configured to post a copyright or a
copyrighted item on an exchange in order to transfer an assignee by
performing some or all of the following steps: [0195] 1. Receive an
offer to sell a copyright or copyrighted item, including an offer
price, a remaining edition number from a player character who
controls a copyright. [0196] 2. Store offer and post offer on
exchange.
[0197] System 100 may be configured to allow the purchase of a
copyright or a copyrighted item on an exchange by performing steps
such as: [0198] 1. Receive a request to purchase a blueprint from a
player character. [0199] 2. Receive a new assignee name. [0200] 3.
Withdraw purchase price, including applicable fees, from new
assignee account. [0201] 4. Transfer copyright to new assignee.
[0202] 5. Transmit purchase price, less applicable fees, to former
assignee of copyright.
[0203] In another embodiment, copyrights, or the use of copyrighted
items may be licensed. Licenses can be exclusive or non-exclusive.
Fees for licensing a blueprint may be fixed or variable, fixed and
variable, or fixed or variable at different points of the game. In
one embodiment, the licensing fee may be a reflection of the
proposed use of the copyrighted item; the time remaining in the
registration; the number of other licenses issued; the number of
copies available; the number of users; may include milestone
payments; may include guaranteed minimums or maximum limits;
upfront fees and a percentage; a percentage of the total item value
on an exchange at the time the item is created; or any combination
thereof.
[0204] Licensing arrangements may be negotiated directly between
characters, may be calculated using market prices, may be uniform,
may be determined using a genetic or other learning algorithm, or
using a program such as licensing configuration program 124. In one
embodiment, a licensing arrangement may be determined using some or
all of the following steps. [0205] 1. Set up copyright licensing
structure. [0206] 2. Receive a request to set up a copyright
licensing structure. [0207] 3. Output allowable licensing
structure, including per usage fee, usage type, maximum usage
(limited edition number). [0208] 4. Receive a licensing structure
configuration. [0209] 5. Store licensing structure configuration
with copyrighted work.
[0210] Royalty payments may be part of a license, or a one time fee
for usage of a copyrighted creative work. Royalty payments may be
calculated by any means applicable. In one embodiment, system 100
may be configured to establish copyright royalty payment criteria
by performing steps such as: [0211] 1. Output royalty payment
criteria options. [0212] 2. Receive royalty configuration based on
options. [0213] 3. Store royalty configuration.
[0214] In another embodiment, the type of royalty payment may
depend on the intended use of the copyrighted work. For example, a
player character who wants to display the copyrighted work in their
visual space may be charged a higher royalty fee if the visual
space is public then if the visual space is private. For example,
the use of a set of one or more images and or one or more songs in
a virtual house may cost $x virtual or real currency per virtual or
real time period, while showing the same image(s) or playing the
same song(s) in a virtual restaurant may cost $y virtual or real
currency. Fees to use images, text and songs could be based upon
any applicable factors, e.g., set on the number of unique
impressions of those images by player characters, the expected
sales price or profit for one or more such impressions, or for an
unlimited use license. In some embodiments, the number of player
characters exposed to or who otherwise used, viewed or played the
image or song may be determined and the owner of the visual space
in which the creative work was displayed may be charged a per use
fee. Such royalty fees could be determined using any applicable
means, for example, the fees may be based upon some or all of the
following steps: [0215] 1. Receive a request to create, reproduce
or use a copyrighted item, including a usage type from a player
character. [0216] 2. Determine royalty payment based on royalty
configuration. [0217] 3. Charge royalty payment to player
character. [0218] 4. Issue item to player character. [0219] 5.
Transmit royalty payment, less applicable fees, to copyright
holder.
In another embodiment, a royalty may be automatically assessed when
an item is purchased, for example, through a retail store.
[0220] In a further embodiment, a royalty may be charged for the
unauthorized use of a copyrighted work. When an unauthorized or
authorized use occurs, system 100 further may be configured to
charge a royalty fee when an item is used in a game environment by
performing steps such as: [0221] 1. Receive an indication that a
copyrighted item has been used by a player character in a game
environment under a particular usage type without authorization.
[0222] 2. Determine a royalty payment based on usage type. [0223]
3. Charge royalty payment to player character. [0224] 4. Transmit
royalty payment, less applicable fees, to copyright holder.
[0225] In other embodiments, there may be ways to obtain fraudulent
or unauthorized access to copyrighted materials, for example using
a particular spell, potion or skill.
[0226] The licensing or payment of royalties on a copyrighted work
may trigger taxes. Such taxes may be progressive, graduated or
flat. In some embodiments, taxes may be due immediately. In other
embodiments, taxes may be due upon sale of the item being taxed.
Taxes may include, but are not limited to, sales tax, labor tax,
employment tax and capital gains tax. In some embodiments, the type
and/or amount of the tax may vary depending on the item or the
character acquiring or selling the item. Information regarding
taxes to be applied may be stored, for example, in tax database
116. Tax database 116 may include information including, but not
limited to, tax schedules for creating creative works, licensing
creative works and buying and selling creative works.
[0227] In a further embodiment, player characters may subscribe to
a subscription service for the use of one or more copyrighted
works. A subscription service sells periodic use or access to
creative works for a set duration of time and/or number of uses. In
some embodiments, renewal of a subscription service may be
automatic. In other embodiments, there may be different levels of
service or access and/or usage/license fees. In further
embodiments, the subscription service may suggest alternate
selections which based on the character player's past user history
or response to survey questions. An exemplary system 200 configured
to provide the virtual environment described above is shown in FIG.
4. As shown, system 200 may include a game server 202, a game
environment server 204, and a credit card server 206.
[0228] Game server 202 may include a variety of programs such as
import creative works program 212 and contract generation program
216. It may further include a plurality of databases such as game
environment database 210, copyright database 214, player database
218, contract database 220 and tax database 222.
[0229] Game environment server 204 may include programs such as
copyright registration program 230, licensing configuration program
232, subscription program 234, digital rights management program
236, as well as a plurality of databases such as, but not limited
to, account database 238, player character database 235 and player
database 239.
[0230] Credit card server 206 may include programs such as lock
credit line 242, ping credit line 244, and release credit line 246
as well as an account database 240.
[0231] As stated above, instead of buying a creative work, player
characters may subscribe to a service which allows them to view,
download, listen to or stream creative works. The types of creative
works available may be determined by the game environment, the type
of subscription service and/or the level of subscription service
that has been obtained.
[0232] Creative works may be made in a game environment, or outside
of a game environment, for example in the real world, and imported
into a game environment using, for example, import creative works
program 212. In some embodiments, game environments may have
limitations on the types of creative works that may be imported or
employed in that game environment. For example, particular game
environments may be set in a particular era and may only permit the
creation of works that are appropriate for that era, i.e. that are
not anachronistic. In another example, particular game environments
may be set in particular physical environments and may permit the
creation of creative works that are applicable to that physical
environment. For example, an underwater environment may not allow
sculptures made out of paper but would allow sculptures made out of
plastic or stone. In one embodiment, rules and regulations
regarding a game environment may be stored in game environment
database 210 which may include information such as game environment
ID, identification of the owners, percentage ownership, governance
structure, restrictions on imports or exports, restrictions on
creation, configurations, natural resources, raw materials,
attributes, skills, NPCs, creation date, fee structure, or any
other information relating to the game environment. In some
embodiments, access to particular game environments may be limited
to particular players, characters, or types of characters.
Information regarding players, the characters they control and the
game environments to which they have access may be stored, for
example, in player database 218 which may include information such
as player ID, character(s), accounts, game environment access, and
billing information.
[0233] In some embodiments, overseeing of creative works in a game
environment may take place using a program such as digital rights
management program 236 which may oversee the use importing,
creation, registration and use of creative works in a game
environment. In some embodiments, creative works may need to be
registered in order to obtain a copyright. In other embodiments, a
copyright may be granted upon creation. Registration may take place
automatically, or may require examination of the creative work in
order to determine that it is original and does not violate any
virtual real world patents, registrations, copyrights or
trademarks. In some embodiments, registration may occur using
copyright registration program 230. All copyrighted works may be
stored, for example, in copyright database 214. Copyright database
214 may include information such as copyright ID, copyright owner,
copyright creator, royalty/licensing configuration, copyright
content, game environment allowability, and date of
registration.
[0234] In some embodiments, owners of subscription services may
need to license the creative works they offer in the subscription
service. Fees for licensing a blueprint may be fixed or variable or
fixed or variable at different points of the game. In one
embodiment, the licensing fee may be a reflection of the proposed
use of the copyrighted item; the number of subscribers, access by
each subscriber, the time remaining in the registration; the number
of other licenses issued; the number of copies available; the
number of users; may include milestone payments; may include
guaranteed minimums; upfront fees and a percentage; a percentage of
the total item value on an exchange at the time the item is
created; the total value expected to be generated by such item, or
any combination thereof. In some embodiments, each time a
subscriber accesses a copyrighted work, a fee may be paid to the
creator or the owner of the copyright. Such licensing arrangements
may be negotiated directly between characters, between
representatives of characters, may be calculated using market
prices, may be uniform, may be determined using a genetic or other
learning algorithm, or using a program such as licensing
configuration program 232.
[0235] In some embodiments, a subscription service may be offered
after a player character licenses one or more copyrighted works. In
other embodiments, a subscription service may be priced based upon
and/or offered to characters with a particular credit score, who
have been in existence for a particular length of time, who are in
a particular industry, have obtained a particular level, discovered
a particular object, acquired a particular skill, or any other
criteria that may be determined by the game server or game
environment manager. In some embodiments, all characters may be
allowed to subscribe to a subscription service.
[0236] In some embodiments, a subscription service may allow a one
time access, access a specific number of times or for a certain
amount of time, unlimited access, or a combination thereof. There
may also be graduated or hierarchical access, for example
particular databases of creative works or portions thereof may be
accessible through different services or accounts. For example,
access may be given to creative works of a particular genre, time
period, creator, subject matter, or any combination thereof. In
some embodiments, system 200 may use some or all of the following
steps to provide access to a subscription service: [0237] 1.
Receive player character log in. [0238] 2. Determine subscription
service subscribed to. [0239] 3. Offer menu of creative works
covered by subscription service.
[0240] Subscriptions may be entered into using, for example,
subscription program 234. Information regarding the type of account
to which a character has subscribed as well as billing information
may be stored, for example in account database 238. Account
database 238 may include information such as character ID, player
ID, billing information, preferences and subscription services.
[0241] In some embodiments, player characters may enter into a
contract for subscription services. A contract may be generated by
any means applicable. In one embodiment, two or more characters may
negotiate a contract. In another embodiment, two or more characters
may select an applicable contract from a contract database such as
contract database 220, and complete the necessary information
regarding the parties to the contract. In yet another embodiment,
completed contracts are stored in contract database 220. In a
further embodiment, one character may present a contract for
signature to another character. In yet another embodiment, a
contract may be generated using a contract generation program such
as contract generation program 216. Such a program may generate a
contract using some or all of the following steps: [0242] 1.
Receive a virtual contract initiation request from a player
character(s). [0243] 2. Determine contract obligations and
conditions. [0244] 3. Output obligations and conditions. [0245] 4.
Receive acceptance of obligations and conditions. [0246] 5.
Retrieve or receive collateral such as credit line associated with
player characters. [0247] 6. Activate and store virtual contract
along with obligations and conditions. [0248] 7. Transfer any
assets as required by obligations and conditions.
[0249] Information regarding the player characters for use in
creating contracts and/or offering subscription services such as
their credit score, purchasing history, interests, account
information and billing information may be stored by any means
applicable. In some embodiments, such information may be stored in
whole or in part in player character database 235 and player
database 239. Player character database may contain information
such as character ID, player ID, assets, accounts, game environment
access, preferences, subscriptions and purchasing history. Player
database 239 may include such information as account access, player
ID, character(s), billing information, and account information.
[0250] In some embodiments, an account may be created and a
contract formed using some or all of the steps in FIG. 5. A
character may apply for an account, supply character information,
and provide billing information which may be verified.
[0251] The billing information or other collateral used to secure
the contract may be validated and secured by any means applicable.
According to one embodiment, real world credit lines can be frozen
by the bank owner or game server, and/or just periodically "pinged"
to ensure their validity and that sufficient credit is available to
underwrite the loan. The continuing availability of the real world
credit line may be determined by any means applicable. According to
one embodiment, Ping Credit Line program 244 may be configured to
complete some or all of the following steps: [0252] 1. Determine
that a player character has an outstanding virtual subscription.
[0253] 2. Determine real and virtual cash value of subscription.
[0254] 3. Retrieve credit card associated with subscription. [0255]
4. Ping credit card for the outstanding real cash value of the
subscription. [0256] 5. If credit equal to subscription amount is
not available, request additional collateral.
[0257] In the event a credit line securing the subscription is
cancelled or closed, the system could receive notification that the
credit card or credit line is no longer valid. Upon notification
that a credit line is no longer valid, the bank, system, game
owner, server owner, or other contract holder may require
modification or cancellation of the contract, acceleration of the
contract, require the player to provide a new credit line, require
additional collateral to secure the contract, foreclose on the
contract, secure a secondary line of credit which was previously
provided or may be secured from other player characters, notify
other characters of the opportunity to purchase a contract,
foreclose on virtual assets held by the defaulting character,
freeze the virtual accounts of the character or player, or any
combination thereof.
[0258] The lock on the real world credit line such as that
accomplished by Lock Credit Line program 242 may be released when
the contract is completed. According to one embodiment, Release
Credit Line program 246 may be configured to: [0259] 1. Receive
indication that subscription has been completed. [0260] 2. Retrieve
credit card associated with virtual subscription. [0261] 3. Notify
credit card issuer to release credit line.
[0262] Alternatively, as the virtual subscription contract proceeds
or certain milestones with the contract are met, a percentage of
the real world credit line(s) may be released in proportion to or
in some other ratio of the amount of the contract completed. For
example, a virtual subscription contract may require a commitment
for a particular length of time. A credit card amount could be
frozen for the length of the commitment after which it is released
even if the subscription is renewed. In another embodiment, the
amount of real world credit line held is reduced as the virtual
subscription contract proceeds, instead of waiting for the entire
virtual subscription to be terminated, thus freeing real world
credit lines for other purposes. Such a release could be managed by
any means available. According to one embodiment, Release Credit
Line program 246 may be configured to: [0263] 1. Receive indication
that a subscription contract milestone has been met. [0264] 2.
Retrieve credit card associated with virtual subscription contract.
[0265] 3. Notify credit card issuer to release an equal or other
determined portion of the credit line.
[0266] A real or virtual credit line can secure a milestone amount
or date, an otherwise calculated amount, the entire value of the
contract, or a combination thereof. In some embodiments, the amount
may be the next month's or other predetermined time period's
subscription payment. In another embodiment, the first and last
month's or other predetermined time period's subscription payment
may be held. In calculating the amount to be secured factors such
as game growth rates, taxes, inflation and/or exchange rates,
credit worthiness of the character or player, the amount of debt
the parties to the contract have outstanding, and/or any other
attributes or characteristics of the player, player character,
lender, game environment, and/or any combination thereof. Such
determinations and evaluations may be made by any applicable means,
including a) the game manufacturer, b) the owner(s) of the
server(s) upon which the game resides, c) one or more player
characters, d) market forces, e) negotiation among the affected
parties, f) any combination of the above. Information regarding the
credit lines used to secure a virtual loan may be stored by any
means applicable. In one embodiment, such information may be stored
in account database 240.
[0267] In one embodiment, the amount of a real world credit line to
be frozen can be based, in whole or in part, on the exchange rate
of virtual currency for real currency. According to one embodiment,
the exchange rate could be one for one. Alternatively, the exchange
rate may be based on the exchange rate at the time of the formation
of the contract. It may also be based on the exchange rate at the
time the player's credit card or other credit line is charged. In
another embodiment, the exchange rate may be adjustable for the
term or any portion of the term of the contract. Such adjustments
may be based on the credit worthiness of the player or player
character, inflation, actual exchange rates, and an agreement by
the parties, market forces, and/or any other attributes or
characteristics of the player, player character, lender, game
environment, and/or other economic indicators or a combination
thereof. The exchange rate may be fixed in that the rate does not
change for the duration of the game or segment of the game.
Alternatively, the exchange rate may be pegged to or otherwise
associated with one or more floating real world exchange
relationships, for example the U.S. dollar/Japanese yen spot
exchange rate, a percentage thereof, a plus or minus adjustment
thereof, some other economic indicator, or a combination thereof.
The exchange rate may also vary depending on the country of origin
of the player, or may be fixed to a particular real world currency,
i.e., all exchange rates may be quoted in dollars. In another
embodiment, the exchange rate may be floating and determined by
market forces such as the relative demand for virtual currency
versus real world currency. Said exchange rates may further be
established or determined by any suitable method including, but not
limited to, by a) the game manufacturer, b) the owner(s) of the
server(s) upon which the game resides, c) one or more player
characters, d) market forces, e) negotiation among the affected
parties, f) and/or any other attributes or characteristics of the
player, player character, lender, game environment, and/or f) any
combination of the above. The exchange rate may also be composed of
any combination of the above methods or any other then known or in
use determination methods. For example, the exchange rate could be
fixed for a certain length of time and then change to market forces
or vice versa. Alternatively, there may be a cap on the amount of
fluctuation in the exchange rate during the term of the
contract.
[0268] The use of a subscription service may incur the payment of
taxes by either the subscriber or subscribing entity or both. Such
taxes may be progressive, graduated or flat. In some embodiments,
taxes may be due immediately. In other embodiments, taxes may be
due upon use or sale of the item being taxed. Taxes may include,
but are not limited to, sales tax, use tax, income tax, labor tax,
employment tax and capital gains tax. In some embodiments, the type
and/or amount of the tax may vary depending on the item or the
character acquiring or selling the item. Information regarding
taxes to be applied may be stored, for example, in tax database
222. Tax database 222 may include information including, but not
limited to, tax schedules for creating creative works, licensing
creative works and buying and selling creative works.
[0269] According to one embodiment, virtually copyrighted works
such as images, text and songs or the use of such virtually
copyrighted works can be sold on a virtual exchange. Other player
characters can buy the right to use, sell, license, and sublicense
or control the virtually copyrighted works such as images, text and
songs in virtual structures they have created. Such an exchange is
further described in detail in U.S. patent application Ser. Nos.
11/428,263, filed Jun. 30, 2006, and Ser. No. 11/560,456, filed
Nov. 16, 2006, each of which is herein incorporated by reference in
its entirety. An embodiment of an exchange system is shown in FIG.
6. As shown, system 300 includes a master game server 302 a game
environment server 306 and an exchange server 304.
[0270] Game environment server 306 may include databases such as
player database 314, player character database 316, exchange open
offers database 328, exchange transaction database 320.
[0271] In one embodiment, Player Database 314 may include
information such as, but not limited to player ID, player billing
info, player personal info, player credit info, account
information, and player assets. Player Character Database 316 may
include information such as, but not limited to, character ID,
player ID, character assets, character inventory, character Skills,
virtual account numbers, game environment access, character
permits, NPC employment.
[0272] Exchange Server 304 may include or host or provide access to
various programs, routines, subroutines and/or databases including,
but not limited to an exchange database 308, an exchange open
offers database 310, and an exchange transaction database 312.
[0273] In one embodiment, Exchange database 308 may include
information such as, but not limited to, exchange ID, exchange
type, allowable assets, and allowed traders. Exchange open offers
database 310 could contain information such as: [0274] 1. Offer ID
[0275] 2. Offer type [0276] 3. Offer posting date [0277] 4. Offer
expiration date [0278] 5. Offer Item [0279] 6. Offer Quantity
[0280] 7. Offer Price.
[0281] Exchange open offers may additionally be associated with the
character or player submitting the offer. Such information could be
stored in Exchange Open Offer Database 328 and include information
such as the character ID, holdings, offer ID, offer type, offer
posting date, offer expiration date, offer item, offer quantity,
and offer price.
[0282] In one embodiment, each transaction could be stored in an
Exchange Transaction Database, for example in Exchange Transaction
Database 312. Such a database could store information such as:
[0283] 1. Order ID [0284] 2. Order Buyer [0285] 3. Order Seller
[0286] 4. Order Date [0287] 5. Order Price [0288] 6. Order Type
[0289] 7. Order terms and conditions
[0290] In another embodiment, such transactions could be associated
with the character in Exchange Transaction Database 320. Such a
database could include information such as character ID, character
inventory, order ID, order date, order, price, order type, and/or
authentication number.
[0291] According to one embodiment, the game server can set a
minimum and maximum trade amount per time period on copyrighted
items both in the game environment and between game environments.
This amount could be based on any one or more of: the total amount
of a copyrighted item available in a game parameter; the amount of
open buy orders for a copyrighted item in a game environment; the
amount of open sell orders for a copyrighted item in a game
environment; any other factors and/or rules and regulations as
disclosed herein above. In another embodiment, there may be permits
required or import and export or other taxes imposed on items
exchanged between game environments or between games. Such
calculations may be made, for example, using some or all of the
following steps: [0292] 1. Receive a request to sell a virtual
creative work on an exchange. [0293] 2. Determine if item is
unique. [0294] 3. Determine if a permit exists to sell the item.
[0295] 4. If the item is unique and a permit exists, post creative
work on exchange. [0296] 5. Receive acceptance of request. [0297]
6. Determine an import tax amount and an export tax amount. [0298]
7. Apply import tax amount to purchase price. [0299] 8. Withdraw
virtual cash equal to purchase price plus tax from buyer. [0300] 9.
Transmit purchase price, less applicable export tax fees to
seller.
[0301] Creative works bought and sold on the exchange may generate
virtual currency, and/or real currency and/or may generate an
exchange of assets and/or liabilities. The value of a currency or
an asset or liability may be based on one or more conversion
factors as described above or on an exchange rate or any
combination of the above.
[0302] The exchange rate for one type of virtual currency for
another type of virtual currency, virtual currency for real
currency, virtual assets or liabilities for real assets or
liabilities, real assets or liabilities for virtual assets or
liabilities, real assets or liabilities for virtual currency,
virtual assets or liabilities for real currency or virtual assets
or liabilities for virtual currency (or any combination of these)
may be fixed in that the rate does not change for the duration of
the game or segment of the game. In addition or in the alternate,
the exchange or conversion rate may be variable. Such a variable
rate may be pegged to one or more floating real world exchange
relationships, for example the U.S. dollar/Japanese yen spot
exchange rate, a percentage thereof, a plus or minus adjustment
thereof, some other economic indicator, or a combination thereof.
The exchange rate may also vary depending on the country of origin
of the player, or may be fixed to a particular real world currency,
i.e., all exchange rates are quoted in dollars. In another
embodiment, the exchange rate may be floating and determined by
market forces such as the relative demand for virtual currency
versus real world currency, or the relative demand of particular
types of virtual currency, or based upon the affect of said rates
on one or more game objectives or goals. Said exchange rates may
further be established or determined by any suitable method
including, but not limited to, by a) the game manufacturer, b) the
owner(s) of the server(s) upon which the game resides, c) one or
more player characters, d) market forces, e) law or regulation of
the game or within the real world, f) negotiation among the
affected parties, g) game objectives, and/or any other attributes
or characteristics of the player, player character, lender, game
environment, or h) any combination of the above.
[0303] It will be appreciated that while, for the sake of
discussion, various databases have been described separately, the
data in these and any other suitable databases could be merged into
a single large databases and/or maintained separately in additional
databases, or in other structures besides a database. Moreover, any
such databases could be independent or linked, and the data in
these databases could be stored centrally on a server or separately
on game devices.
[0304] The present disclosure provides numerous systems and methods
related to virtual environments in online computer games. It should
be appreciated that numerous embodiments are described in detail
and that various combinations and subcombinations of these
embodiments are contemplated by the present disclosure.
CONCLUSION
[0305] Of course it will be appreciated that the systems methods
described herein are provided for the purposes of example only and
that none of the above systems methods should be interpreted as
necessarily requiring any of the disclosed components or steps nor
should they be interpreted as necessarily excluding any additional
components or steps. Furthermore, it will be understood that while
various embodiments are described, such embodiments should not be
interpreted as being exclusive of the inclusion of other
embodiments or parts of other embodiments.
[0306] The invention is described with reference to several
embodiments. However, the invention is not limited to the
embodiments disclosed, and those of ordinary skill in the art will
recognize that the invention is readily applicable to many other
diverse embodiments and applications as are reflected in the range
of real world financial institutions, instruments and activities.
Accordingly, the subject matter of the present disclosure includes
all novel and nonobvious combinations and subcombinations of the
various systems, methods configurations, embodiments, features,
functions, and/or properties disclosed herein.
[0307] Where a limitation of a first claim would cover one of a
feature as well as more than one of a feature (e.g., a limitation
such as "at least one widget" covers one widget as well as more
than one widget), and where in a second claim that depends on the
first claim, the second claim uses a definite article "the" to
refer to the limitation (e.g., "the widget"), this does not imply
that the first claim covers only one of the feature, and this does
not imply that the second claim covers only one of the feature
(e.g., "the widget" can cover both one widget and more than one
widget).
[0308] Each claim in a set of claims has a different scope.
Therefore, for example, where a limitation is explicitly recited in
a dependent claim, but not explicitly recited in any claim from
which the dependent claim depends (directly or indirectly), that
limitation is not to be read into any claim from which the
dependent claim depends.
[0309] When an ordinal number (such as "first", "second", "third"
and so on) is used as an adjective before a term, that ordinal
number is used (unless expressly specified otherwise) merely to
indicate a particular feature, such as to distinguish that
particular feature from another feature that is described by the
same term or by a similar term. For example, a "first widget" may
be so named merely to distinguish it from, e.g., a "second widget".
Thus, the mere usage of the ordinal numbers "first" and "second"
before the term "widget" does not indicate any other relationship
between the two widgets, and likewise does not indicate any other
characteristics of either or both widgets. For example, the mere
usage of the ordinal numbers "first" and "second" before the term
"widget" (1) does not indicate that either widget comes before or
after any other in order or location; (2) does not indicate that
either widget occurs or acts before or after any other in time; and
(3) does not indicate that either widget ranks above or below any
other, as in importance or quality. In addition, the mere usage of
ordinal numbers does not define a numerical limit to the features
identified with the ordinal numbers. For example, the mere usage of
the ordinal numbers "first" and "second" before the term "widget"
does not indicate that there must be no more than two widgets.
[0310] When a single device or article is described herein, more
than one device/article (whether or not they cooperate) may
alternatively be used in place of the single device/article that is
described. Accordingly, the functionality that is described as
being possessed by a device may alternatively be possessed by more
than one device/article (whether or not they cooperate).
[0311] Similarly, where more than one device or article is
described herein (whether or not they cooperate), a single
device/article may alternatively be used in place of the more than
one device or article that is described. For example, a plurality
of computer-based devices may be substituted with a single
computer-based device. Accordingly, the various functionality that
is described as being possessed by more than one device or article
may alternatively be possessed by a single device/article.
[0312] The functionality and/or the features of a single device
that is described may be alternatively embodied by one or more
other devices which are described but are not explicitly described
as having such functionality/features. Thus, other embodiments need
not include the described device itself, but rather can include the
one or more other devices which would, in those other embodiments,
have such functionality/features.
[0313] Numerous embodiments are described in this patent
application, and are presented for illustrative purposes only. The
described embodiments are not, and are not intended to be, limiting
in any sense. The presently disclosed invention(s) are widely
applicable to numerous embodiments, as is readily apparent from the
disclosure. One of ordinary skill in the art will recognize that
the disclosed invention(s) may be practiced with various
modifications and alterations, such as structural, logical,
software, and electrical modifications. Although particular
features of the disclosed invention(s) may be described with
reference to one or more particular embodiments and/or drawings, it
should be understood that such features are not limited to usage in
the one or more particular embodiments or drawings with reference
to which they are described, unless expressly specified
otherwise.
[0314] The present disclosure is neither a literal description of
all embodiments of the invention nor a listing of features of the
invention which must be present in all embodiments.
[0315] Neither the Title (set forth at the beginning of the first
page of this patent application) nor the Abstract (set forth at the
end of this patent application) is to be taken as limiting in any
way as the scope of the disclosed invention(s). An Abstract has
been included in this application merely because an Abstract of not
more than 150 words is required under 37 C.F.R. .sctn. 1.72(b).
[0316] The title of this patent application and headings of
sections provided in this patent application are for convenience
only, and are not to be taken as limiting the disclosure in any
way.
[0317] Devices that are described as in communication with each
other need not be in continuous communication with each other,
unless expressly specified otherwise. On the contrary, such devices
need only transmit to each other as necessary or desirable, and may
actually refrain from exchanging data most of the time. For
example, a machine in communication with another machine via the
Internet may not transmit data to the other machine for long period
of time (e.g. weeks at a time). In addition, devices that are in
communication with each other may communicate directly or
indirectly through one or more intermediaries.
[0318] A description of an embodiment with several components or
features does not imply that all or even any of such
components/features are required. On the contrary, a variety of
optional components are described to illustrate the wide variety of
possible embodiments of the present invention(s). Unless otherwise
specified explicitly, no component/feature is essential or
required.
[0319] Although process steps, algorithms or the like may be
described in a sequential order, such processes may be configured
to work in different orders. In other words, any sequence or order
of steps that may be explicitly described does not necessarily
indicate a requirement that the steps be performed in that order.
On the contrary, the steps of processes described herein may be
performed in any order practical. Further, some steps may be
performed simultaneously despite being described or implied as
occurring non-simultaneously (e.g., because one step is described
after the other step). Moreover, the illustration of a process by
its depiction in a drawing does not imply that the illustrated
process is exclusive of other variations and modifications thereto,
does not imply that the illustrated process or any of its steps are
necessary to the invention, and does not imply that the illustrated
process is preferred.
[0320] Although a process may be described as including a plurality
of steps, that does not imply that all or any of the steps are
essential or required. Various other embodiments within the scope
of the described invention(s) include other processes that omit
some or all of the described steps. Unless otherwise specified
explicitly, no step is essential or required.
[0321] Although a product may be described as including a plurality
of components, aspects, qualities, characteristics and/or features,
that does not indicate that all of the plurality are essential or
required. Various other embodiments within the scope of the
described invention(s) include other products that omit some or all
of the described plurality.
[0322] Unless expressly specified otherwise, an enumerated list of
items (which may or may not be numbered) does not imply that any or
all of the items are mutually exclusive. Therefore it is possible,
but not necessarily true, that something can be considered to be,
or fit the definition of, two or more of the items in an enumerated
list. Also, an item in the enumerated list can be a subset (a
specific type of) of another item in the enumerated list. For
example, the enumerated list "a computer, a laptop, a PDA" does not
imply that any or all of the three items of that list are mutually
exclusive--e.g., an item can be both a laptop and a computer, and a
"laptop" can be a subset of (a specific type of) a "computer".
[0323] Likewise, unless expressly specified otherwise, an
enumerated list of items (which may or may not be numbered) does
not imply that any or all of the items are collectively exhaustive
or otherwise comprehensive of any category. For example, the
enumerated list "a computer, a laptop, a PDA" does not imply that
any or all of the three items of that list are comprehensive of any
category.
[0324] Further, an enumerated listing of items does not imply that
the items are ordered in any manner according to the order in which
they are enumerated.
[0325] In a claim, a limitation of the claim which includes the
phrase "means for" or the phrase "step for" means that 35 U.S.C.
.sctn. 112, paragraph 6, applies to that limitation.
[0326] In a claim, a limitation of the claim which does not include
the phrase "means for" or the phrase "step for" means that 35
U.S.C. .sctn. 112, paragraph 6 does not apply to that limitation,
regardless of whether that limitation recites a function without
recitation of structure, material or acts for performing that
function. For example, in a claim, the mere use of the phrase "step
of" or the phrase "steps of" in referring to one or more steps of
the claim or of another claim does not mean that 35 U.S.C. .sctn.
112, paragraph 6, applies to that step(s).
[0327] With respect to a means or a step for performing a specified
function in accordance with 35 U.S.C. .sctn. 112, paragraph 6, the
corresponding structure, material or acts described in the
specification, and equivalents thereof, may perform additional
functions as well as the specified function.
[0328] Computers, processors, computing devices and like products
are structures that can perform a wide variety of functions. Such
products can be operable to perform a specified function by
executing one or more programs, such as a program stored in a
memory device of that product or in a memory device which that
product accesses. Unless expressly specified otherwise, such a
program need not be based on any particular algorithm, such as any
particular algorithm that might be disclosed in this patent
application. It is well known to one of ordinary skill in the art
that a specified function may be implemented via different
algorithms, and any of a number of different algorithms would be a
mere design choice for carrying out the specified function.
[0329] Therefore, with respect to a means or a step for performing
a specified function in accordance with 35 U.S.C. .sctn. 112,
paragraph 6, structure corresponding to a specified function
includes any product programmed to perform the specified function.
Such structure includes programmed products which perform the
function, regardless of whether such product is programmed with (i)
a disclosed algorithm for performing the function, (ii) an
algorithm that is similar to a disclosed algorithm, or (iii) a
different algorithm for performing the function.
[0330] The present disclosure provides, to one of ordinary skill in
the art, an enabling description of several embodiments and/or
inventions. Some of these embodiments and/or inventions may not be
claimed in this patent application, but may nevertheless be claimed
in one or more continuing applications that claim the benefit of
priority of this patent application. Applicants intend to file
additional applications to pursue patents for subject matter that
has been disclosed and enabled but not claimed in this patent
application.
* * * * *