In a world where this patent didn't exist, an ambitious loading screen mini became a spinoff, made millions and everyone loved it. Then it started a trend for games to try their best to make great loading screen mini games so they too might make their own successful spinoff. Everyone had fun even when they were supposed to wait.
I honestly don't that many developers taking advantage of this situation in the near or far future. Especially when on current hardware loading occurs during cutscenes, when the game is first booted up or sometimes when the player dies.
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