Williams Elecs., Inc. v. Artic Int'l, Inc.
685 F.2d 870 (1982)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
A computer program is a copyrightable work, and its embodiment in a Read-Only Memory (ROM) chip constitutes a 'copy' that satisfies the statutory fixation requirement, making it protectable under the Copyright Act. The audiovisual displays generated by the program are also independently copyrightable as audiovisual works.
Facts:
- Williams Electronics, Inc. (Williams) designed and began manufacturing a popular coin-operated electronic video game called DEFENDER.
- The DEFENDER game contained original audiovisual features for its 'attract mode' and 'play mode,' which were generated by a computer program.
- This computer program was stored on silicon memory chips known as Read-Only Memory devices (ROMs) inside the game's cabinet.
- Williams obtained three federal copyright registrations: one for the computer program as a 'literary work,' and two for the game's 'attract mode' and 'play mode' as 'audiovisual works.'
- Artie International, Inc. (Artie) began selling circuit board kits for a game called 'DEFENSE COMMAND.'
- These kits contained ROMs with a computer program that was virtually identical to Williams' copyrighted program for DEFENDER.
- Artie's kits, when connected to a monitor, produced audiovisual displays and a game that were nearly identical to DEFENDER, even replicating a known error in Williams' original code and displaying the initials of Williams' employees as high scorers.
- An analysis of Artie's ROMs revealed a hidden, non-displayed copyright notice for Williams that had been embedded in Williams' original code.
Procedural Posture:
- Williams Electronics, Inc. sued Artie International, Inc. in U.S. District Court, alleging copyright infringement, trademark infringement, and unfair competition.
- The district court severed the copyright infringement claim and the plaintiff's demand for injunctive relief from the other claims.
- The district court entered a final injunction order, permanently restraining Artie from infringing on Williams' copyrights for the DEFENDER game.
- Artie International, Inc., as appellant, appealed the injunction order to the U.S. Court of Appeals for the Third Circuit.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does storing a computer program and its resulting audiovisual work in a ROM chip satisfy the Copyright Act's 'fixation' requirement, making them copyrightable works subject to protection from infringement?
Opinions:
Majority - Sloviter
Yes, storing a computer program and its resulting audiovisual work in a ROM chip satisfies the Copyright Act's 'fixation' requirement. The Copyright Act protects original works of authorship that are 'fixed in any tangible medium of expression,' and a ROM chip qualifies as such a medium. The court reasoned that the statutory definition of 'fixed' requires only that a work's embodiment be 'sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.' The audiovisual works generated by the program in the ROM are repetitive and stable enough to meet this standard, even with player interaction. Similarly, the court rejected the argument that a ROM is an uncopyrightable utilitarian object, clarifying that the copyright protects the creative expression of the program embodied in the ROM, not the utilitarian chip itself. Finally, the court held that a computer program in object code form, stored on a ROM, is a 'copy' under the Act's broad definition, which includes material objects from which a work can be perceived 'with the aid of a machine or device.'
Analysis:
This decision was a landmark ruling in the early days of software and video game copyright law. It firmly established that copyright protection extends beyond human-readable source code to the machine-readable object code stored on silicon chips. By affirming that ROMs serve as a tangible medium of fixation, the court closed a significant loophole that could have allowed for widespread piracy of software and video games. This case solidified the legal foundation for the video game industry to protect its intellectual property and encouraged investment in software development by ensuring that the final, saleable product was legally protected from direct copying.
