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Categories: Copyright CasesDecisions

Text of Decision Flovent For Sale, , HTML version, RTF Version (UK Court of Appeal - March 14, 2007)
Text of Decision , HTML version, RTF Version (England & Wales High Court - Chancery Division - January 20, 2006)

In what seems to be little more than another "look and feel" decision specific to the video game industry, the U.K. Court of Appeal upheld a prior Chancery Division decision ruling against Nova Productions in finding, 30mg Flovent, 150mg Flovent, yet again, that general ideas behind computer games, Flovent overseas, Flovent usa, or in this case specific game mechanics, and other programs are not protectable under U.K, Flovent us. Flovent mexico, copyright:

"Merely making a program which will emulate another but which in no way involves copying the program code or any of the program's graphics is legitimate,"

In this case, Flovent australia, Flovent india, the court found no copyright in the "imagery" relating to either: (i) lines of dots indicating the direction of a pool shot; or (ii) an "in-time" mechanic that permits the player to alter the power of a simulated pool shot by timing the shot relative to a pulsing power level - see the images in the Annexes of the HTML version of the Chancery Division decision. Providing similar, 100mg Flovent, Flovent uk, but different, "imagery" to depict the same game mechanic idea is not infringing, 1000mg Flovent. Flovent coupon, In the words of Lord Justice Jacob, when handing down the Court of Appeal decision:
"A series of drawings is a series of graphic works, 20mg Flovent, 200mg Flovent, not a single graphic work in itself. No-one would say that the copyright in a single drawing of Felix the Cat is infringed by a drawing of Donald Duck, Flovent For Sale. A series of cartoon frames showing Felix running over a cliff edge into space, 10mg Flovent, Flovent japan, looking down and only then falling would not be infringed by a similar set of frames depicting Donald doing the same thing. That is in effect what is alleged here."

In the Chancery Division decision, Flovent canada, 250mg Flovent, Mr. Justice Kitchen concluded that while the competitive games were inspired by Nova's Pocket Money, Flovent paypal, 50mg Flovent, no substantial part of the work was reproduced and therefor, no copyright infringement occurred, Flovent craiglist. 750mg Flovent,
"The ideas that Mazooma have taken have nothing to do with the skill and effort expended by the programmer. Flovent For Sale, They do not constitute the form of expression of the computer program for Jackpot Pool. They are generalised ideas at a high level of abstraction, 40mg Flovent. Flovent ebay, The features taken collectively or separately do not amount to a substantial part of the program."

Justice Jacob's Court of Appeal conclusions provide a particularly apt summary of the limited scope of copyright protection as applied to the video game industry:
"....Both sides submitted that this case had significance for the computer games (and computer program writing) industry. Mr Howe submitted that if the decision below is upheld there is no effective protection for games against copying of the game where a party copies the rules of a game but not its graphics, 500mg Flovent. Mr Carr submitted that that not all things are covered by copyright, that most if not every work is, to some extent, influenced or derived from other works. So it is very important that copyright is not allowed to intervene to stifle the creation of works that are actually very different, as the individual games are here.

I agree with Mr Carr. If protection for such general ideas as are relied on here were conferred by the law, copyright would become an instrument of oppression rather than the incentive for creation which it is intended to be. Protection would have moved to cover works merely inspired by others, to ideas themselves."


Other High Court Decision Commentary: Out-Law.com | TwoBirds.com | Davis LLP | SportandTechnology.com | Mondaq | EDRI.org

Other Chancery Division Commentary: IPKat | Clintons | Out-Law.com | IPRights.

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Text of Decision Flovent For Sale, , HTML version, RTF Version (UK Court of Appeal - March 14, 2007)
Text of Decision , HTML version, RTF Version (England & Wales High Court - Chancery Division - January 20, 2006)

In what seems to be little more than another "look and feel" decision specific to the video game industry, the U.K. Court of Appeal upheld a prior Chancery Division decision ruling against Nova Productions in finding, 30mg Flovent, 150mg Flovent, yet again, that general ideas behind computer games, Flovent overseas, Flovent usa, or in this case specific game mechanics, and other programs are not protectable under U.K, Flovent us. Flovent mexico, copyright:

"Merely making a program which will emulate another but which in no way involves copying the program code or any of the program's graphics is legitimate,"

In this case, Flovent australia, Flovent india, the court found no copyright in the "imagery" relating to either: (i) lines of dots indicating the direction of a pool shot; or (ii) an "in-time" mechanic that permits the player to alter the power of a simulated pool shot by timing the shot relative to a pulsing power level - see the images in the Annexes of the HTML version of the Chancery Division decision. Providing similar, 100mg Flovent, Flovent uk, but different, "imagery" to depict the same game mechanic idea is not infringing, 1000mg Flovent. Flovent coupon, In the words of Lord Justice Jacob, when handing down the Court of Appeal decision:
"A series of drawings is a series of graphic works, 20mg Flovent, 200mg Flovent, not a single graphic work in itself. No-one would say that the copyright in a single drawing of Felix the Cat is infringed by a drawing of Donald Duck, Flovent For Sale. A series of cartoon frames showing Felix running over a cliff edge into space, 10mg Flovent, Flovent japan, looking down and only then falling would not be infringed by a similar set of frames depicting Donald doing the same thing. That is in effect what is alleged here."

In the Chancery Division decision, Flovent canada, 250mg Flovent, Mr. Justice Kitchen concluded that while the competitive games were inspired by Nova's Pocket Money, Flovent paypal, 50mg Flovent, no substantial part of the work was reproduced and therefor, no copyright infringement occurred, Flovent craiglist. 750mg Flovent,
"The ideas that Mazooma have taken have nothing to do with the skill and effort expended by the programmer. Flovent For Sale, They do not constitute the form of expression of the computer program for Jackpot Pool. They are generalised ideas at a high level of abstraction, 40mg Flovent. Flovent ebay, The features taken collectively or separately do not amount to a substantial part of the program."

Justice Jacob's Court of Appeal conclusions provide a particularly apt summary of the limited scope of copyright protection as applied to the video game industry:
"....Both sides submitted that this case had significance for the computer games (and computer program writing) industry. Mr Howe submitted that if the decision below is upheld there is no effective protection for games against copying of the game where a party copies the rules of a game but not its graphics, 500mg Flovent. Mr Carr submitted that that not all things are covered by copyright, that most if not every work is, to some extent, influenced or derived from other works. So it is very important that copyright is not allowed to intervene to stifle the creation of works that are actually very different, as the individual games are here.

I agree with Mr Carr. If protection for such general ideas as are relied on here were conferred by the law, copyright would become an instrument of oppression rather than the incentive for creation which it is intended to be. Protection would have moved to cover works merely inspired by others, to ideas themselves."


Other High Court Decision Commentary: Out-Law.com | TwoBirds.com | Davis LLP | SportandTechnology.com | Mondaq | EDRI.org

Other Chancery Division Commentary: IPKat | Clintons | Out-Law.com | IPRights.

Similar posts: Buy Medrol No Prescription. Where Can I Buy Augmentin. Buy Avodart No Prescription. Buy Temovate No Prescription. Motilium us. 50mg Norvasc. 250mg Avodart. 30mg Plavix.
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