Organization of Computer Programs Organization of Computer Programs

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Organization of Computer Programs Organization of Computer Programs Hardware Organization of Computer Programs Operating System Hardware Organization of Computer Programs Application Application Program Program Operating System Hardware Interoperability Application Application Program Program Operating System Hardware Interoperability Application Application Program Program Operating System Hardware Interoperability Strategy #1 (e.g., Microsoft, Apple) Borland Microsoft Free access Microsoft Dell Interoperability Strategy #2 (e.g., Sega, Nintendo) Licensee Nintendo License fees Nintendo Nintendo Interoperability Strategy #3 (e.g., MAI Systems Corp.) MAI MAI No licenses MAI MAI Sega (CA9 1992) Licensed Sega Games Games License fees TMSS Sega Genesis III Sega (CA9 1992) Licensed Sega Games Games Accolade Games License fees TMSS Lock-out Sega Genesis III Sega (CA9 1992) Microcode (copied by Accolade) Licensed Sega Games Games Accolade Games License fees TMSS Lock-out Sega Genesis III Sega (CA9 1992) Licensed Sega Games Games Accolade Games License fees TMSS TMSS initialization Lock-out code Sega Genesis III Sega (CA9 1992) Licensed Sega Games Games Accolade Games License fees TMSS Sega Genesis III Reverse Engineering for Interoperability • Courts finding this to be fair use: – CAFC (Atari 1992 [dictum]; Bowers 2003 [dictum]) – CA5 (DSC Communications 1996) – CA 9 (Sega 1992; Sony 2000) – CA11 (Bateman 1996) • EC Directive 91/250, Art. 6, takes same position Fair Use Doctrine • Purpose and Character of the Use – commercial use – transformative uses – parody – propriety of defendant’s conduct • Nature of the Copyrighted Work – fictional works/factual works – unpublished/published • Amount of the portion used • Impact on Potential Market – rival definitions of “market” – only substitution effects are cognizable Fair Use Doctrine -- as applied in Sega • Purpose and Character of the Use – commercial use: purpose of A’s copying was “study” (noncom) – transformative uses: concede no transformative use – parody: n.a. – propriety of defendant’s conduct: stress decency of A’s behavior • Nature of the Copyrighted Work – fictional works/factual works: computer programs deserve less protection that fictional works – unpublished/published: sale of program = publication • Amount of the portion used: concede A copied entire program • Impact on Potential Market – rival definitions of “market”: implicit adoption of narrow version – only substitution effects are cognizable .

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Accolade-Catalog2
Introduction • • Jack Nicklaus Golf & Course • Design: Signature Edition'" • AI Michaels Announces ~ • HardBall III'" • T • Road & Track®Presents Grand Prix Unlimited'" • • Science Fiction Role-Playing: • Star Control II'" • ® SNOOPY's Game Club'" • • Accolade in Motion • • Sports: Mike Ditka Ultimate • Footbalr & Winter Challenge • • Driving: A Test Drive III: The Passion'" 1 L 0 Role Playing: Elvira®Mistress (J • of the Dark'" & Elvira II the ~ • Jaws of Cerberus'" Graphic Adventure: Les Manley in: Lost in LA'" Science Fiction: Hoverforce'" & Star Contror o Ordering Information Macintosh Titles All Time Favorites Product Availability s 1 Accolade In Motion •••••• From the moment hen it comes to entertainment software, you'll find a game IS Accolade in motion creating the finest and most conceived imaginative computer games on the market today. through design, Whether your favorite genre is sports, driving, role-playing, science fiction or graphic adventure, Accolade has a great ... production, game for you. and meticulous From the soaring drives of Jack Nicklaus to the towering home testing, we runs of HardBall 111- from the blazingly fast Formula One work hard to cars of Grand Prix Unlimited to the white-hot space combat of Star Control 11- Accolade pours on the excitement. produce the We pour out our hearts, too, with children's games like our very finest warm and funny SNOOPY's Game Club. games Accolade is proud that so many of the titles in our constantly possible. growing library have won critical acclaim for their realistic simulations, graphic excellence and absorbing gameplay. Yet it is our minds in motion - the creativity and dedication of our Accolade staff - that is our greatest pride.
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Case History
Page 1 of 15 Case History: Yinjie Soon STS 145, Winter 2002 Page 2 of 15 Yinjie Soon STS145: History of Computer Game Design Final Paper 12 February 2002 Case History Star Control II: The Ur-Quan Masters In July 1990, the two partners who formed the software company Toys for Bob released their first game, Star Control, under game publisher Accolade for the personal computer system. These two men – Paul Reiche III and Fred Ford – were big fans of science fiction, and in Reiche’s case, fantasy role playing games (especially Dungeons and Dragons). Unsurprisingly, the game had a strong science fiction theme and heavy doses of traditional role-playing elements, wherein the player controlled one of two sides in an effort to either take over the universe as the marauding conquerors of the Ur-Quan Hierarchy, or save the universe as the brave defenders of the Alliance of Free Stars. Star Control effectively interleaved elements of strategy and action; the player tried to outwit the opposing forces in various turn-based inter-planetary strategic scenarios, and subsequently engaged enemy ships in real-time “space melee” one-on-one spaceship dogfights, similar in style to Spacewar, the earliest of video games (Derrenbacker). Many of the sequel’s most interesting elements, such as the unique characteristics of each race’s ships and behaviors, were established in this game and would carry on to Star Control 2. Figures 1a and 1b show some scenes from Star Control, illustrating how advanced some of the graphics from the game were for the time (figure 1a is also an early manifestation of the creators’ sense of humor – the ship shown in the middle of the picture is the flagship of an all-female race of humanoids; the explanation behind the visual is left to the reader’s imagination.).
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Sega Enterprises LTD. V. Accolade, Inc.: What's So Fair About Reverse Engineering?
Loyola of Los Angeles Entertainment Law Review Volume 14 Number 3 Article 3 3-1-1994 Sega Enterprises LTD. v. Accolade, Inc.: What's so Fair about Reverse Engineering? David C. MacCulloch Follow this and additional works at: https://digitalcommons.lmu.edu/elr Part of the Law Commons Recommended Citation David C. MacCulloch, Sega Enterprises LTD. v. Accolade, Inc.: What's so Fair about Reverse Engineering?, 14 Loy. L.A. Ent. L. Rev. 465 (1994). Available at: https://digitalcommons.lmu.edu/elr/vol14/iss3/3 This Notes and Comments is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Entertainment Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. NOTES SEGA ENTERPRISES LTD. v. ACCOLADE, INC.: WHAT'S SO FAIR ABOUT REVERSE ENGINEERING? I. INTRODUCTION You are the president of a major corporation that develops and distributes computer video game cartridges and the consoles on which the games can be played. Your company has maintained a majority of the market share by remaining at the forefront of the game cartridges field. Your company's ability to be the first to incorporate all the latest enhance- ments is due to the efforts of one man-your chief designer of game concepts. If he were to leave, your company's position as number one in the industry would be jeopardized. One day, your chief designer demands that if he is not made an executive vice-president and equity shareholder in the company he will resign and take with him a new concept he has been privately developing at home that will take video game technology to the next level.
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Sega Enterprises Ltd. V. Accolade Inc. 977 F.2D 1510 (9Th Cir
Sega Enterprises Ltd. v. Accolade Inc. 977 F.2d 1510 (9th Cir. 1992) REINHARDT, Circuit Judge: This case presents several difficult questions of first impression involving our copyright and trademark laws.1 We are asked to determine, first, whether the Copyright Act permits persons who are neither copyright holders nor licensees to disassemble a copyrighted computer program in order to gain an understanding of the unprotected functional elements of the program. In light of the public policies underlying the Act, we conclude that, when the person seeking the understanding has a legitimate reason for doing so and when no other means of access to the unprotected elements exists, such disassembly is as a matter of law a fair use of the copyrighted work. Second, we must decide the legal consequences under the Lanham Trademark Act of a computer manufacturer's use of a security system that affords access to its computers to software cartridges that include an initialization code which triggers a screen display of the computer manufacturer's trademark. The computer manufacturer also manufactures software cartridges; those cartridges all contain the initialization code. The question is whether the computer manufacturer may enjoin competing cartridge manufacturers from gaining access to its computers through the use of the code on the ground that such use will result in the display of a "false" trademark. Again, our holding is based on the public policies underlying the statute. We hold that when there is no other method of access to the computer that is known or readily available to rival cartridge manufacturers, the use of the initialization code by a rival does not violate the Act even though that use triggers a misleading trademark display.
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Atari Games Corp. V. Nintendo of America, Inc. ATARI GAMES CORP
Atari Games Corp. v. Nintendo of America, Inc. ATARI GAMES CORP. and TENGEN, INC., Plaintiffs-Appellants, vs. NINTENDO OF AMERICA INC. AND NINTENDO CO., LTD., Defendants-Appellees. 91-1293 United States Court Of Appeals For The Federal Circuit 975 F.2d 832, 24 U.S.P.Q.2D (BNA) 1015, Copy. L. Rep. (CCH) P26,978, 1992-2 Trade Cas. (CCH) P69,969, 92 Cal. Daily Op. Service 7858, 92 Daily Journal DAR 12936, 1992 U.S. App. Decision September 10, 1992, Decided Appealed from: U.S. District Court for the Northern District of California. Judge Smith M. Laurence Popofsky, Heller, Ehrman, White & McAuliffe, of San Francisco, California, argued for plaintiffs-appellants. With him on the brief were Robert S. Venning, Peter A. Wald, Kirk G. Werner, Robert B. Hawk, Michael K. Plimack and Dale A. Rice. Also on the brief were James B. Bear, Knobbe, Martens, Olson & Bear, of Newport Beach, California and G. Gervaise Davis, II, Schroeder, Davis & Orliss, Inc., of Monterey, California. Thomas G. Gallatin, Jr., Mudge, Rose, Guthrie, Alexander & Ferdon, of New York, New York, argued for defendants-appellees. With him on the brief was John J. Kirby, Jr.. Also on the brief was Larry S. Nixon, Nixon & Vanderhye, P.C., of Arlington, Virginia. Before CLEVENGER, Circuit Judge, SMITH, Senior Circuit Judge, and RADER, Circuit Judge. [F.2d 835] RADER, Circuit Judge. Nintendo of America Inc., and Nintendo Co., Ltd. sell the Nintendo Entertainment System (NES). Two of Nintendo's competitors, Atari Games Corporation and its wholly-owned subsidiary, Tengen, Inc., sued Nintendo for, among other things, unfair competition, Sherman Act violations, and patent infringement.
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ACTIVISION BLIZZARD – CONSOLIDATION MOVEMENTS IN A MATURING VIDEOGAME INDUSTRY AND VALUE CREATION Rafael Tiago Duarte Martins Project Report Master in Management Guiding: Prof. Pedro Leite Inácio, ISCTE-IUL Business School, Finance Department April 2010 Activision Blizzard – consolidation in the videogame industry Abstract The present thesis was done with the objective to assess if the merger between Activision and Vivendi Games created value to its shareholders and if the share price used in this transaction represented the real value of this operation. This merger occurred in difficult economic times due to the financial crisis of 2007/2008 and in a period of consolidation and maturity in the videogame industry, allied to the rising costs of development and marketing that current videogames are experiencing. The main conclusion was that this merger created value for the shareholders in 2008, mainly due to increased revenues, and is likely to create more value than both companies were initially expecting, according to the present value of the expected cash flows, that were calculated with a 5 year projection for the period 2009-2013. JEL classification: G34 Keywords: Mergers and acquisitions; Consolidation; Videogame industry; Activision Blizzard i Activision Blizzard – consolidation in the videogame industry Resumo A presente tese foi elaborada com o objectivo de analisar a fusão entre a Activision e a Vivendi Games, e verificar se foi criado valor para os seus accionistas durante esta operação, através da análise do preço por acção em que esta transacção foi avaliada. Esta fusão ocorreu num ambiente macroeconómico adverso, relacionado com a crise financeira de 2007/2008 que começou a afectar as economias a uma escala global, bem como num período de consolidação e maturidade que a indústria de videojogos atravessa neste momento, aliado ao aumento considerável de custos de desenvolvimento e marketing que se está a verificar neste sector.
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Star Control 3
Table of Contents (click on the page you want to go to) 3 STAR CONTROL UNIVERSE TIMELINE 5 CAPTAIN’S MISSION BRIEFING 7 INSTALLATION AND CONFIGURATION 8 SETTING UP SOUND 8 RUNNING THE GAME 9 VIEWING THE ONLINE MANUAL 11 USING STAR CONTROL 3 12 TITLE SCREEN 12 HYPER MELEE 12 HYPER MELEE CONFIGURATION SCREEN 13 FLEET SETUP SCREEN 14 IN MELEE 15 ADVENTURE GAME 16 QUADRANT SCREEN 17 SYSTEM SCREEN 18 ORBIT SCREEN 20 COLONY SCREEN 21 TYPES OF FACILITIES 22 ICONS 3Page2 22 CONTROL SCREEN ™ 23 DIALOGUE SCREEN 24 RACE SECTION 29 SHIP DATA 39 HAVING FUN PLAYING STAR CONTROL 3 40 CREDITS Star Control Star Control Universe Time Line 2115 Humans meet the their first alien race, the Chenjesu. 2116-2134 Humans join the Chenjesu and many other races in the Alliance of Free Stars to battle the Ur-Quan Kzer-Za and their Hierarchy of Battle Thralls. There were many great battles among the stars. (1) 2134 Humans find the Precursor factory in a cave on Vela 2. The planet is cut off from Earth by the advance of the Hierarchy. 2135-2143 Humans on Vela 2 rename it Unzervalt and build a colony. The Captain is born on Unzervalt. Unknown to the colonists on Unzervalt, Earth falls to the Ur-Quan Hierarchy. 2144-2155 Colonists discover that the young Captain is the only person who can interface with Precursor computers. The Captain activates the Precursor factory and it builds the first Precursor vessel. The Alliance forces fall to the Hierarchy. 2155 The Captain flies the Precursor vessel to Earth and discovers that is has been conquered and put under a Slave Shield by the Hierarchy.
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2014-07 EFF Gaming Exempiton Comment
Before the U.S. COPYRIGHT OFFICE, LIBRARY OF CONGRESS In the Matter of Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies Docket No. 2014-07 Comments of the Electronic Frontier Foundation 1. Commenter Information Electronic Frontier Foundation Kendra Albert Mitch Stoltz (203) 424-0382 Corynne McSherry [email protected] Kit Walsh 815 Eddy St San Francisco, CA 94109 (415) 436-9333 [email protected] The Electronic Frontier Foundation (EFF) is a member-supported, nonprofit public interest organization devoted to maintaining the traditional balance that copyright law strikes between the interests of copyright owners and the interests of the public. Founded in 1990, EFF represents over 25,000 dues-paying members, including consumers, hobbyists, artists, writers, computer programmers, entrepreneurs, students, teachers, and researchers, who are united in their reliance on a balanced copyright system that ensures adequate incentives for creative work while facilitating innovation and broad access to information in the digital age. In filing these comments, EFF represents the interests of gaming communities, archivists, and researchers who seek to preserve the functionality of video games abandoned by their manufacturer. 2. Proposed Class Addressed Proposed Class 23: Abandoned Software—video games requiring server communication Literary works in the form of computer programs, where circumvention is undertaken for the purpose of restoring access to single-player or multiplayer video gaming on consoles, personal computers or personal handheld gaming devices when the developer and its agents have ceased to support such gaming. We ask the Librarian to grant an exemption to the ban on circumventing access controls applied to copyrighted works, 17 U.S.C.
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Reverse Engineering and the Rise of Electronic Vigilantism: Intellectual Property Implications of "Lock-Out" Programs
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 1995 Reverse Engineering and the Rise of Electronic Vigilantism: Intellectual Property Implications of "Lock-Out" Programs Julie E. Cohen Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/815 68 S. Cal. L. Rev. 1091-1202 (1995) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Intellectual Property Law Commons, and the Science and Technology Law Commons REVERSE ENGINEERING AND THE RISE OF ELECTRONIC VIGILANTISM : INTELLECTUAL PROPERTY IMPLICATIONS OF “LOCK-OUT” PROGRAMS * JULIE E. COHEN I. THE SEGA AND ATARI CASES.............................................1098 A. SEGA V. ACCOLADE ............................................................1098 B. ATARI V. NINTENDO .............................................................1101 II. THE DECOMPILATION DEBATE: FAIR USE OR FOUL PLAY?........................................................................1104 A. CHARACTERIZING COMPUTER PROGRAMS.........................1106 1. One of These Things Is Not Like the Others: Computer Programs as Literary Works...........................1107 2. Defining “Publication” in the Context of Machine- Readable Works...............................................................1111 B. COMMERCIAL ACTORS AND ENABLING USES: REFINING THE “COMMERCIAL
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You've Seen the Movie, Now Play The
“YOU’VE SEEN THE MOVIE, NOW PLAY THE VIDEO GAME”: RECODING THE CINEMATIC IN DIGITAL MEDIA AND VIRTUAL CULTURE Stefan Hall A Dissertation Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY May 2011 Committee: Ronald Shields, Advisor Margaret M. Yacobucci Graduate Faculty Representative Donald Callen Lisa Alexander © 2011 Stefan Hall All Rights Reserved iii ABSTRACT Ronald Shields, Advisor Although seen as an emergent area of study, the history of video games shows that the medium has had a longevity that speaks to its status as a major cultural force, not only within American society but also globally. Much of video game production has been influenced by cinema, and perhaps nowhere is this seen more directly than in the topic of games based on movies. Functioning as franchise expansion, spaces for play, and story development, film-to-game translations have been a significant component of video game titles since the early days of the medium. As the technological possibilities of hardware development continued in both the film and video game industries, issues of media convergence and divergence between film and video games have grown in importance. This dissertation looks at the ways that this connection was established and has changed by looking at the relationship between film and video games in terms of economics, aesthetics, and narrative. Beginning in the 1970s, or roughly at the time of the second generation of home gaming consoles, and continuing to the release of the most recent consoles in 2005, it traces major areas of intersection between films and video games by identifying key titles and companies to consider both how and why the prevalence of video games has happened and continues to grow in power.
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Case 4:17-Cv-07025-SBA Document 102 Filed 12/27/18 Page 1 of 20
Case 4:17-cv-07025-SBA Document 102 Filed 12/27/18 Page 1 of 20 1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 6 STARDOCK SYSTEMS, INC., Case No: C 17-07025 SBA 7 Plaintiff, ORDER DENYING MOTION FOR 8 PRELIMINARY INJUNCTION vs. 9 Dkt. 56 PAUL REICHE III and ROBERT 10 FREDERICK FORD, 11 Defendants. 12 AND RELATED COUNTERCLAIM. 13 14 This is a copyright action between Plaintiff and Counter-Defendant Stardock 15 Systems, Inc. (“Stardock” or “Plaintiff”), Defendants and Counter-Claimants Paul Reiche 16 III (“Reiche”) and Robert Frederick Ford (“Ford”) (collectively “Defendants”), and 17 Counter-Defendants GOG Limited and GOG Poland sp. z.o.o (“GOG”) and Valve 18 Corporation d/b/a Steam (“Valve”) (collectively “Counter-Defendants”), regarding a 19 videogame franchise known as “Star Control.” 20 Reiche and Ford created the concept for Star Control, and, in partnership with 21 Accolade, Inc. (“Accolade”), developed and published a trilogy of videogames under that 22 name in the 1990s. Pursuant to the written agreement of those parties, the intellectual 23 property (“IP”) rights in Star Control were divided, such that Reiche and Ford held some of 24 the rights and Accolade held others. In 2013, Stardock acquired Accolade’s rights in the 25 Star Control IP and began developing a new game titled Star Control: Origins (“Origins”). 26 Reiche and Ford contend that Origins (as well as promotional content associated therewith) 27 infringes upon their rights in the Star Control IP. Stardock disputes the validity of Reiche 28 and Ford’s claim to ownership of any Star Control IP.
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