PS5 faceplate or IP violation? The law behind Dbrand’s “Darkplates”

Design patents, brand confusion, and “familiar-but-legally-distinct” logos.

PS5 faceplate or IP violation? The law behind Dbrand’s “Darkplates”

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When gaming peripherals company Dbrand started selling its custom black PS5 faceplates in February, its website cheekily suggested that its efforts were "totally legal," and it urged anyone who thought otherwise to "go ahead, sue us." Now, sure enough, the company has been forced to change the design of its custom plates in response to legal threats from Sony.

Sony's threats aren't that surprising, especially considering that the company sent a cease-and-desist letter to console customization company The PlateStation last November. But the back-and-forth raises important legal questions about patent protections, brand confusion, and who actually controls the aftermarket for console parts.

Getting in shape

Sony's "objection to dbrand's Infringement of Sony Interactive Entertainment LLC's Intellectual Property" letter lays out a few problems that the console maker sees with the specific "Darkplate" design Dbrand had been selling before this week. Chief among them was the distinctive shape of the plates themselves, which closely matched those of the stock PS5 faceplates.

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Google Stadia’s salvaged future as a back-end cloud service is here

After its consumer flop, Google wants to license Stadia tech to companies.

Google Stadia’s salvaged future as a back-end cloud service is here

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Quick Google Stadia recap: Things have not been great.

Google's AAA cloud gaming service launched in 2019 to middling reviews and since then has severely undershot Google's sales and usage estimates by hundreds of thousands of users. The company shut down its first-party studio, "Stadia Games & Entertainment (SG&E)," before it could ever develop a game, and it did so one week after lead executive Phil Harrison gave the division a positive progress report. Several key executives have left the struggling division, like Assassin's Creed co-creator and SG&E leader Jade Raymond, Stadia's VP and head of product, John Justice, and Engineering Lead Justin Uberti.

When Google killed the game division at the beginning of the year, an accompanying blog post hinted that big changes were coming to Google's strategy: "In 2021, we’re expanding our efforts to help game developers and publishers take advantage of our platform technology and deliver games directly to their players."

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NVIDIA GeForce Now game streaming adds RTX 3080 power for 1440p gaming at 120 fps

The promise of game streaming is that you don’t need to invest in a high-end gaming PC because you can basically just rent time on high-end hardware and stream games to your underpowered devices over the internet. Now that NVIDIA is upgrading its GeForce Now game streaming service with an RTX 3080 option, that’s probably […]

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The promise of game streaming is that you don’t need to invest in a high-end gaming PC because you can basically just rent time on high-end hardware and stream games to your underpowered devices over the internet.

Now that NVIDIA is upgrading its GeForce Now game streaming service with an RTX 3080 option, that’s probably more true than ever. For $200 per year (or $100 every six months), you get the power of an NVIDIA RTX 3080 graphics card when streaming games. And while that might seem like a lot of money to spend on a game rental service, it’s a lot less than you’d spending building your own gaming rig with that kind of horsepower, seeing as RTX 3080 cards cost an arm and a leg when you can actually find one.

Among other things, NVIDIA notes that folks who pony up for its newest, highest-performance subscription tier will get:

  • Support for 1440p resolution at up to 120 FPS on PC  or iMac systems
  • Up to 1600p at 120 FPS on most MacBooks
  • Up to 4K HDR at 60 FPS streaming to NVIDIA Shield TV devices
  • Up to 120 FPS on “select Android devices”
  • Gaming session length up to 8 hours at a time

If you don’t need that kind of performance, you can still access NVIDIA’s GeForce now free tier for gaming sessions up to 1 hour at a time and basic gaming features. Or pay $10 per month (or $50 every six months) for up to 6-hours at a time of game streaming with RTX graphics and up to 1080p @ 60 fps.

Of course, as with all game streaming services, there’s a catch – you’ll need a speedy, reliable internet connection in order to avoid graphics glitches and controller latency issues.

The new GeForce Now RTX 3080 Membership option is also only going to be a limited offering for the time being. NVIDIA will give Founders (existing subscribers) the option of upgrading first with pre-orders for converting a membership plan going live for users in North America in November before rolling out to customers in Western Europe in December.

In other news, NVIDIA notes that the latest version of its GeForce Now client is rolling out today with support for Adaptive Sync and beta support for game streaming to Microsoft’s Edge web browser.

via NVIDIA

 

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Elizabeth Holmes personally approved investor presentations, court hears

Jury hears details about sketchy investor demos and marketing inaccuracies.

Elizabeth Holmes, founder of Theranos Inc., left, arrives at federal court in San Jose, Calif., on Tuesday, Oct. 12, 2021.

Enlarge / Elizabeth Holmes, founder of Theranos Inc., left, arrives at federal court in San Jose, Calif., on Tuesday, Oct. 12, 2021. (credit: David Paul Morris/Bloomberg)

Over the past few days, jurors in Theranos founder Elizabeth Holmes’ criminal trial have been hearing about the now-infamous demos given to Theranos investors. The devices would make noise but not produce results, they ran apps that blocked error messages from appearing, and in some cases, instead of tests happening in front of visitors, blood samples were taken elsewhere for analysis.

Yesterday, the picture resolved itself further as testimony from Daniel Edlin, a product manager who was friends with Holmes’ brother Christian, continued. Edlin revealed that Holmes herself and Daniel Young, a Theranos scientist and vice president, played key roles in what ultimately transpired during demos for visitors and investors.

But first, Edlin was cross-examined by Holmes’ defense attorney Kevin Downey, who showed the court a series of emails from a US military officer who was part of the team evaluating Theranos devices for use on the battlefield in Africa. In a June 2012 email, Young wrote that he felt “very good about reliability for this deployment” after testing 100 protocols over the course of 48 hours in 110° F conditions. Yesterday, the court heard from Edlin that the device would only run properly between 72–82° F. Either Edlin or Young is mistaken or there’s some nuance here that we’ll hopefully hear about later.

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