Another monumental case in which Williams Electronics sues the company Artic International for making a video game that was nearly identical to Williams Electronics Inc's popular game, Defender.
The game Defense Command was determined to be nearly identical to Defender in both the "play mode" in which the player gains control of the character, and the "attract mode" which is defined by the screen that displays before the coins are inserted. Artic's defense was that there was no "fixation" as far as the audio and visual effects presented on screen were concerned. When a person plays "Defense Command" whether in attract mode, or play mode, the person changes what is occurring on the screen, and so there is an element of transience to the images and sounds presented to the player (even though said changes are infinitesimal). Essentially, Artic made the argument that each player is a co-author of his individual game. The Courts however, did not accept Artic's argument of transience.
It was concluded that Artic's claims were not sufficient, considering that within the play mode, there was enough repetition of audio and visual material that the little difference made by the interference of the player was insignificant, and within the attract mode, there was basically no player manipulation.
The most important aspect of this case, which relates significantly to my paper is fact that this case brought into question whether or not ROM was copyrightable. Artic claimed that by initiating the case, Williams was arguing that ROM was in fact not only a machine part, but intellectual property. Still, the Court dismissed this claim as the ROM was said to merely prove fixation, and that it was not copyrightable. Artic also argued that it copied object code, rather than source code, making this case groundbreaking on another level. Copy of object code would not have infringed upon copyright, considering it was un-copyrightable. It is important to note that in order for a decision to be reached, the Court had to deliberate and almost translate existing copyright law in order to reach a conclusion and counter argument to match Artic's claim. The case ended in favor of Williams, because the Court was able to study existing Copyright law in order to accommodate the technology.