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This topic contains 3 replies, has 2 voices, and was last updated by  Anonymous 11 years, 9 months ago.

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  • #5232

    Anonymous

    Doing a bit of digging in advising a client regarding s potential “look and feel” software infringement, and I came across an interesting case showing how complex it can be dealing with copyright in games.

    This case deals with an allegation of infringement involving two games companies. Its a UK case, but UK cases are often cited as persuasive precedents in Ireland. Its a very long decision, I am afraid, but it makes for interesting reading, well if certainly for lawyers advising games companies!

    The game in question was software designed to be loaded on a fruit machine. The judge goes through the case in a clear way, with useful headings, and the screen shots at the end of the case are a nice touch.

    http://www.bailii.org/ew/cases/EWHC/Ch/2006/24.html

  • #30871

    Anonymous

    There’s still too few softcos registering their UI designs these days, which would make litigation/enforcement so much easier (and cheaper) :cry:

    Thx for the linkie, DeeK

  • #36008

    Anonymous

    So this original decision was appealed unsuccessfully. Here is a link to the judgment http://www.bailii.org/ew/cases/EWCA/Civ/2007/219.html

    The Court of Appeal’s decision was delivered yesterday. Nice for us software lawyers to have a clear decision regarding screen shots of games. Even though Nova’s claim failed, beware of being too "inspired" by existing games!

  • #36101

    Anonymous

    Nice for us software lawyers to have a clear decision regarding screen shots of games. Even though Nova’s claim failed, beware of being too "inspired" by existing games![/quote:62b8954332]

    In all matters of UI (‘screenshots of games’, if you will), beware registered Design Rights and, more importantly and problematically for non-IP specialists (incl. solicitors!), unregistered community Design Rights, which in this case would have been infringed and enforceable, irrespective of copyright win or lose (putting aside the question of design validity for a moment).

    I believe there may not have been any subsisting UDRs for the claimant/appellant to rely on (can’t remember the timeline/can’t be @rsed tbh), but if there were some and these were not pleaded…

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