IP Rights SIG/Video Game IP Litigation Repository

International Game Developers Association

This is an informal repository of video game litigation.

The purposes of this repository:

• for developers, it gives them a resource to refer to when trying to figure out how courts might view things they want to do. For instance, if a developer wants to do a superhero game and is worried about liability, they could be referred to cases we've documented in the wiki
• provide a resource for the lawyers to keep track of cases and decisions related to their field

We suggest that anyone post when they become aware of a videogame related case. The initial reference could contain the case name, the parties involved, the court where it was filed, and a brief summary of the allegations. Anyone can then post updates (including appellate court rulings) as they so desire and to the degree that they desire.

Pac Man/KC Munchkin copyright infringement case. Atari v. North American Philips Consumer Elecs., 672 F.2d 607. Post by Greg Lastowka (Rutgers law professor that speaks and writes on game law): http://terranova.blogs.com/terra_nova/2005/08/rip_kcm.html#more

Midway Manufacturing Co. v. Artic International, Inc., 211 USPQ 1152 (N.D. Ill. 1981), holding the arcade "Space Invaders" qualifies as copyrightable subject matter but that Midway's copyright of the shape of movement of aliens does not allow it to claim copyright of the idea of setting aliens in outer space and having them swoop down on target

Atari Games Corp. v. Oman, Commissioner of Copyrights, 979 F.2d 242 (D.C. Cir. 1992), a decision by then-circuit judge Ginsberg reversing the Copyright Office in ruling "Breakout" has sufficient creativity and expression to qualify as copyrightable subject matter.