Play Meter

Issue: 1985 September 15 - Vol 11 Num 17

FOR
YOU
AND
ME
THE
VERY
BEST
PLACE
TO BE
IS
NEW
ORLEANS
FEB. 6, 7, 8, 9 1986
FOR
will attract possibly: one ol the greatest
industry gatherings in years."
She said AOE had reserved ample
hotel rooms at the Sheraton New
Orleans Hotel but convenlion-goers
should make their reservations early
in anticipation ol the rush.
"The Sheraton has assured us we
have the necessary hotel space." said
Lally. " but we are nonetheless making
supplementary arrangements to
accommodate the overtlowcrowd we
expect. "
The announcement lor AOE '86
followed the termination ol an attempt
to hammer out an agreement between
the AOE and AS! shows which would
give the industry one post-AMOA
show. Actually. the two sides reached
a tentative agreement in late June.
but the board ol directors ol the
American Amusement Machine Asso-
ciation (AAMA). by a close vote.
turned down the compromise agree-
ment which would have joined the two
shows.
A late eHort initiated by Play Meter
again to resolve the matter and join
the two shows was tabled past the
deadline Play Meter needed in order
to commit lor show and hotel space.
"We were disappointed w e couldn't
reach an agreement which would
have joined the two shows." said the
Play Meter publisher. "But we're really
excited about the Mardi Gras dates.
" Mard i Gras is really a most
unbelievable spectacle. The sea ol
humanity that descends on New
Orleans lor this period ol frolicking
and peaceful celebration is really
something to behold! I'm just glad we
were able to join our show with such a
festive lime so that industry veterans
can get a firsthand look at a truly
once-in-a -lifetime opportunity."

AND Arachnid wins
suit agianst IDEA
MARDI
GRAS
8
Arachnid ol Rocldord. Illinois. has
won its lawsuit. liled in 1982. against
Industrial Design Electronic Associates
(IDEA) ol Sycamore. Illinois. lor patent
infringement on Arachnid's eledronic
dart game. English Mark Darts. The
August 23 verdict in the District Court ol
Illinois. delivered by a six person
federal jury, found that IDEA had
infringed on an Arachnid patent.
IDEA's attorney Eugene Dick. said
his client will lile a motion lor a
judgement not withstanding the
verdict and. i1 necessary. an appeal to
a higher court.
Said IDEA's Bonnie DeVale. "The
trial brought out the lad that the
features ol an eledronically scored
dart game with moving segments. soft
lip darts. and chamfered holes are in
the public domain and are therefore
not patentable. However. Arachnid
has a patent on the target segments ol
its game and the jury found that our
target segment design infringed on
that patent. And though we don't
believe we ini.r inged on that patent
and are appealing the verdict. we are
redesigning our target segment in
accordance with what we learned in
the courtroom. We will make the new
segments available to all owners ol
IDEA dart games."
Arachnid 's attorney and vice
president. Steve Tillery. however.
would not specify exactly what
Arachnid's patent covers. choosing
instead to read a portion ol an
Arachnid press release which says.
"The six person federal jury in Chicago
made numerous findings in upholding
Arachnid's patent. Specifically. the
jury found that Arachnid has a valid
patent lor its electronically scoring
dart game ... "
IDEA's attorney Dick agreed that
Arachnid has a patent on its game that
covers the target segments. but went
on to say. " The statement !rom
Arachnid's press release is a distortion
ol the truth. because it was worded to
imply the patent is on the overall
concept ol electronic darts which is
clearly not the case. Arachnid's patent
covers a specific dart board
construction and includes no
electronics."
Arachnid 's press release also
noted. "Arachnid also plans to bring
Nomac (another electronic dart
manufacturer in Algonquin. Illinois) to
trial lor its patent iniringement claims
as soon as possible to obtain the same
relief and to lile patent iniringement
lawsuits against all distributors selling
the iniringing games."
Nomac's president Fred Kelley
said. "Arachnid has no grounds to win
a patent iniringement suit against us.
They use lawsuits as part ol its
marketing plan to deter tree
enterprising competition . Nomac
went to great lengths to make sure its
dart game didn't infringe on anyone's
patent."
Arachnid's president Paul Beall
could not be reached lor comment .
However. Arachnid's Tillery added.
"Allast Arachnid has been vindicated.
The bottom line to all this is that
we won."

PLAY MITER. September 15. 1965
Lloyd stresses need
to stop copies
The General System Preferences
(GSP) Subcommittee met on June 24 in
Washington. D.C .. concerning the pref-
erential treatment given ceriain coun-
tries exporiing into the United States.
The major concern of the coin-
operated amusement industry is the
proli1eration of illegal copies of video
game boards being sent to the United
States from Korea under preferential
tariff treatment. With preferential
treatment. Korea can impori into the
United States at little cost.
Korea is a prime source o f counter-
feit boards and members of the coin-
op industry testified before the com-
mittee they want it to be stopped.
Bob Uoyd. president of Data East
and the American Amusement
Machine Association (AAMA). said
that there are no legal video game
manufacturers in Korea. so no game
boards should come from that country.
Lloyd noted that the Korean Traders
Association is anxious to work with
AAMA " They recognize that there is a
problem." said Uoyd. " There are some
legitimate manufacturers of other
electronics who would be penalized if
no electronic boards could be
exporied to the U.S. from Korea .
However. there is no way to distinquish
legitimate boards from illegal ones.
Our attitude is that if you can't tell. send
them all back."
Lloyd submitted a statement to the
committee in which he stated. "The
association has been forced to take an
aggressive position with respect to the
criminal prosecution of counterfeiters
of video games ... necessitated by the
growning in1lux of counterfeit games
into the U.S. and resultant economic
difficulties ... and the loss of over S400
million in industry sales to these
criminal counterfeiters ... "
Lloyd pointed out that industry
sources and the FBI have determined
that Korea is becoming the major
source of the counterfeit video game
boards. and the proliferation of these
boards has reached epidemic pro-
poriions. Uoyd continued to say that
the current economic trends have
reduced the industry's ability to
absord legitimate games. let alone
the in1lux of counterteits. Uoyd said. "It
is estimated that illegally counter-
feited games account for one half of
all video games currently in
operation."
Lloyd summed up that he sincerely
PLAY METER. September 1 5. 1985
hoped that the committee would work
with custo ms to thwari the invasion of
illegal copies and lift the preferential
treatment given Korea in imporiing
copied games.

Japan revises
copyright laws
The copyright law in Japan has
been pariially revised to include com-
puter programs as literary works
covered under the copyright laws. The
bill was established on June 7. 1985.
and will take effect in January 1986.
Masaya Nakamura. president of
Namco and chairman of the Japan
Amusement Machinery Manufac-
turers Association (JAMMA) spoke on
behalf of the industry at a May 30
House of Councilors meeting .
Nakamura said at that meeting.
" Although those engaged in amuse-
ment business have made strenuous
efforis to improve the copyright law.
contributing a great deal to improve-
ment of business. only the deed of bad
fellows has been stressed. and our
business has been subjected to strict
controls."
In Japan's current copyright law.
the copyrights of literary works are
protected both civilly and criminally.
However. computer programs have
not been included in these literary
works. As a result of litigation against
copiers by manufacturers of video
games. judgements have been
passed to the effect that. although not
specifically covered under copyright
law. computer programs are literary
works to be protected.
The new copyright law defined a
computer program and made it an
example of literary works. According
to Nakamura the move towards revi-
sion storied by several judgements
won by amusement game manufac-
turers. However. Nakamura said. " The
revison of the law has been
demanded for many years. finally
leading to the current decison to
revise it. Despite this. I'm dissatisfied
with the fact that there are exceptions.
I'm doubtful that due considerations
were given to the treatment of video
games which use a computer pro-
gram for CRT display."
His doubts stem from an issue
brought forih by the Ministry of Inter-
national Trade and Industry ( MIT!)
which claimed that once computer
programs are provided for as literary
works. not just the video game industry
but the computer industry as a whole.
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9

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