Re:Atari abuses copyright to kick competitors out of the iOS...
by extension on Saturday December 31, 2011 @02:38PM
(#3411625)
Yep. And in the case of Battlezone, a game that is about its appearance, I would argue that the expression can't be separated from the abstract idea. But I doubt we'll ever see a court's opinion on that.
Re:Atari abuses copyright to kick competitors out of the iOS...
by biot on Saturday December 31, 2011 @03:30PM
(#3411749)
To me, the abstract idea is a 3D wireframe world where you accumulate points and avoid being shot by wireframe enemies, much in the same way that the Munchkin ruling says:
Other games, such as "Rally-X" (described in Dirkschneider)
and North American's own "Take the Money and Run," illustrate
different ways in which a basic maze-chase game can be expressed.
The idea could still have been a 3D wireframe world where things try and shoot you, but it didn't have to be tanks. Atari's own Star Wars: Empire Strikes Back from 1985 shows how the idea can have a radically different expression.
http://scholar.google.com/scholar_case?case=6441518363892064...
A notable quote from that case:
The Munchkin ruling also references an older case and quotes: It later goes on to say: This was to be North American's downfall: Had they only copied the idea the case would have gone the way of the Asteroids vs. Meteors case. Where they went wrong is that they copied the expressions used to such a degree that it was found to be infringing their copyright.