I just finished reading Ernest Adams’ latest Gamasutra article, “Damn All Gameplay Patents!” It’s a well-intentioned piece that argues passionately against gameplay (as opposed to technology) patents, and contends that developers should not pursue them under any circumstances. I genuinely appreciate the sentiment that drove Ernest to write this article and agree with much of it, but I feel that some nuance is in order. Consider the following:

Patents are Somewhat Like Nuclear Weapons

In many ways, gameplay patents are like nuclear weapons. They’re expensive to develop, and they engender feelings of fear and mistrust. Put plainly, most of us would prefer to live in a world without them.

Unfortunately, like nuclear weapons, many gameplay patents already exist and are in the hands of many different owners. No matter how passionately we write, those owners will not simultaneously and universally revoke their patents tomorrow. Which means that some companies have nuclear weapons (I mean, patents)… and some don’t.

And just like in the real world, asking the countries without nuclear weapons to avoid developing them rarely works — even with economic perks or threats as incentive. More often than not, the countries that couldn’t afford to develop nukes anyway, or that don’t feel threatened, play along, while those that can/do proceed with development. Witness India, Pakistan, and North Korea.

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