The Warp Pipe

A portion of a WiiLoveIt review…

Mind you, the presentation values aren’t terribly strong, and the game can get pretty difficult later on (for better or worse). But there’s a possibility that the unique gameplay mechanics will stick with you, thus making it worth a look for fans of this genre.

A portion of a Pure Nintendo review…

Pros

Blast from the past…from just 17 years ago!

Time Warner’s video game unit, Atari Games, has been found to infringe Nintendo’s copyright and patent covering the security system for the Nintendo Entertainment System.

Nintendo had been granted a U.S. patent and copyright for its security system. The system prevents unlicensed third parties from producing game software for play on Nintendo’s home video game systems.

Federal District Court Judge Fern Smith, in San Francisco, issued orders Monday granting Nintendo’s motion for a summary judgment against Atari Games.

The Time Warner unit had previously been preliminarily enjoined by Smith. In the earlier decision Smith found that Atari Games’ representatives had lied to the U.S. Copyright Office in order to obtain Nintendo’s copyrighted computer “source code.” Smith’s decision was affirmed by the Federal Circuit last year.

In addition to finding patent infringement, the new decision finds substantial similarity between protected portions of the computer code found in all Nintendo video game cartridges and the computer code contained in video game cartridges manufactured by Atari Games.

The decision is of far-reaching importance in the evolving area of copyright law as it relates to computer programs. Until now, the courts have cast considerable doubt over the scope of protection for computer programs under the Copyright Act, despite Congress’ clear directive that they are to be protected just as any other literary work.

This decision makes clear that an infringer cannot copy the creative work of a computer programmer any more than that of authors in other media.

While there are unique aspects of computer program works that give rise to complex issues with respect to their copyrightability, the federal court in this case was able to cut through thousands of pages of testimony and hundreds of pages of legal argument. It found that the deliberate copying of programming expression by Atari Games and Tengen could not be excused under any fair reading of the Copyright Act.

Howard Lincoln, Nintendo’s senior vice president, said: “Time Warner’s unit has not dealt honorably with our company. It stole our intellectual property rights. We are pleased the court has now vindicated our position.”

Nintendo’s counsel, John Kirby of Mudge Rose Guthrie Alexander & Ferdon, said, “The court’s ruling is not only a landmark in the copyright law and of major importance in the computer industry, but it also is a landmark in this litigation that affirms Nintendo’s determination to protect its intellectual property rights against those who might have believed that the law had turned its back on owners of such property rights.”

The court’s decision leaves certain issues to be resolved at trial, including Nintendo’s claim that Atari Games’ infringement was willful and Atari Games’ claims with respect to the validity of Nintendo’s patent.

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