International Arcade Museum Library

***** DEVELOPMENT & TESTING SITE (development) *****

Star Tech Journal

Issue: 1989-October - Vol 11 Issue 8 - Page 9

PDF File Only

)
9
As The Court Turns ...
Bill Johnston
Johnston's General Store Video
Buffalo, New York
On September 5th, 1989, the Fourth Circuit rein-
forced their technically flawed opinion, and denied
the Bill Beckham (Red Baron) petition for rehearing.
During AMOA Expo '89, on September 11th, 1989,
AOET (American Operators for Equal Treatment)
contributors met and voted to help support a budget
to take the case to the U.S. Supreme Court. While the
case is under appeal, any legal action byTaito or other
Japanese videogame copyright holders against U.S.
videogame operators is viewed as unlikely. With
prompt deadline filing of the Red Baron paperwork by
a 90-day deadline, it is hoped that the Supreme Court
will reply by June 1990.
AOET attorney, Richard H. Stern, points out that
some creative and amusingjudicial editing has taken
place in the denial of the petition:
.1. The judges have :pulled . the factual rug out frorri
under their July18th opinion and turned the" J apari-'
only notice" argument into only an assertion. (Red
Barbn·s f>c~ 11kdri8 ~Ufij \\faming notice.) •·•· •· •· · •
2 ·The judges ~a§tfoi(f~(!. sircuit board was admitted
iiltO (!Vidence lil the ~ase. (FJl~e. evidence admitteci, sin.ce this ~as a. summary judge-
ment case.)
.
(
•.
< •
3. The judges say, "\Vhatifanything that the board
says is (presuma.blyr i~ ..Japa11es~ . so t.h at an intep
P. r·.·.e.t . . e . . . · r . ·.·•· w
· · · ·. o . . ul·d· •· • b·. e . r.·.· .e··.q·u·· ired
. . " .. ···••·•••t·.•· .•o· · . v • .• ·. i·.·e.· . •. w
...... · .s •.·.·. u ... c.·ha ... w
.. arnm
.. •. •. g. in
····
cobrt.(False; Taito says the warnings are in English.
Beckham's boardhad no warning in any language.)
>
Meanwhile, AOET is looking for money. Contributors
have pledged over $28,000 as of the last day of the
AMOA Expo '89 in Las Vegas, and a total of $40,000
is needed to request the Supreme Court to hear the
case.Videogame operators who qelieve that parallel-
imported printed circuit boards •should continue to
be legal are urged to lend cash support to their beliefs.
"Even if it's only a dollar-per-game, every dollar helps
with these legal bills," says Red Baron's Bill Beck-
ham. "These contributions are tax-deductible as legal
expenses," he adds .
For contributions or more information:
Bill Beckham, AOET/Red Baron, 6540-A West Cen-
tral Avenue, Toledo, Ohio 43617. Ph: 419/841-2596.
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