Legal? Ethical?

Wizkids has filed suit against Wizards of the Coast. While I have no particular love of Wizkids, I think it's ironic that a company that is known for innovation (Wizkids, I mean) is being threatened by a company who hasn't done anything innovative in nearly ten years (that would be WotC.) I wouldn't count "borrowing" the idea of pre-painted plastic miniatures from Wizkids innovation...would you?

I worked at wizards when "Punch Bots" was being created. It was a neat idea. Apparently neat enough that somebody thought a patent was in order. Hey, it sort of worked with trading card games! Of course, Punch Bots and all the other games they thought up using the idea the patent supported were abandoned before they saw the light of day. Again, Hasbro-era Wizards has trouble dealing with innovation. A couple of years later, Wizkids releases Pirates of the Spanish Main. At a basic conceptual level, not too different from what Wizards abandoned (aside from the patent) years before. Wizards informs them of the patent, but rather than a let a good idea die on the vine, as WotC did, they push on and release a very successful game.

There's a very good chance that Wizards has a valid patent and Wizkids will have to rethink how (if!) it can continue producing a genre of game they pioneered. That would be a shame.

I hope that Wizkids knows what it's doing and can prove that the patent is invalid. Otherwise, it sets a precedent where it's possible to patent game mechanics with no actual game or publishing plan in place, then legally ask for and receive compensation after somebody else does all the hard work...actually produces a successful game.

The legal question is whether or not the WotC patent is valid. The courts will decide.
The ethical question is whether or not coming up with an idea alone is real innovation or whether making the idea into a successful product is.

Ask anyone. Ideas are easy. Success is hard.

-Adam!!!