Certain expressive matter in the PAC-MAN work, however, should be treated as scenes a faire and receive protection only from virtually identical copying. The maze and scoring table are standard game devices, and the tunnel exits are nothing more than the commonly used "wrap around" concept adapted to a maze-chase game. Similarly, the use of dots provides a means by which a player's performance can be gauged and rewarded with the appropriate number of points, and by which to inform the player of his or her progress. Given their close connection with the underlying game, K. C. Munchkin's maze design, scoring table, and "dots" are sufficiently different to preclude a finding of infringement on that basis alone.
Rather, it is the substantial appropriation of the PAC-MAN characters that requires reversal of the district court. The expression of the central figure as a "gobbler" and the pursuit figures as "ghost monsters" distinguishes PAC-MAN from conceptually similar video games. Other games, such as "Rally-X"[9] (described in Dirkschneider) and North American's own "Take the Money and Run,"[10] illustrate different ways in which a basic maze-chase game can be expressed. See also Durham, 630 F.2d at 914-15. PAC-MAN's particular artistic interpretation of the game was designed to create a certain impression which would appeal to a nonviolent player personality. The game as such, however, does not dictate the use of a "gobbler" and "ghost monsters." Those characters are wholly fanciful creations, without reference to the real world.[11] See Krofft; Walt Disney Productions v. Air Pirates, 581 F.2d 751 (9th Cir. 1978) (Cummings, J., sitting by designation), cert. denied, 439 U.S. 1132, 99 S.Ct. 1054, 59 L.Ed.2d 94 (1979).
North American not only adopted the same basic characters but also portrayed them in a manner which made K. C. Munchkin appear substantially similar to PAC-MAN. The K. C. Munchkin gobbler has several blatantly similar features, including the relative size and shape of the "body," the V-shaped "mouth," its distinctive gobbling action (with appropriate sounds), and especially the way in which it disappears upon being captured. An examination of the K. C. Munchkin ghost monsters reveals even more significant visual similarities. In size, shape, and manner of movement, they are virtually identical to their PAC-MAN counterparts. K. C. Munchkin's monsters, for example, exhibit the same peculiar "eye" and "leg" movement. Both games, moreover, express the role reversal and "regeneration" process with such great similarity that an ordinary observer could conclude only that North American copied plaintiffs' PAC-MAN.
Atari, Inc. v. North American Philips Consumer Electronics Corp., 672 F.2d 607, 617-18 (7th Cir. 1982).
Much of what NASA does would properly be called 'trivial'. It's of extreme interest to a very small group of people, but to the overwhelming majority their work is of no consequence whatsoever.
The next time you see a headline like "NASA determines crust of Mars is actually 32.9% iron and not 32.7%" just ask yourself: Who cares and why did I have to pay to find out?
If he could identify you he would. He and the dean know that if they tried failing people based on "statistical evidence" the university would get its pants sued off.
Tell him to get back to working 20 hours a week for $130,000.
Only the crazies want jury trials when its clear that they are in the wrong. Juries are pissed that they're stuck in a courtroom for a week and are getting paid $20 dollars. When you throw in a defendant who is clearly wasting everybody's time by lying... there tend to be pretty harsh verdicts.
I can sue anyone in the country right now and they will be forced to either come to my local courthouse (even if they live in another state) or pay to send a lawyer to court.
Incorrect. If the forum state does not have personal jurisdiction over the Defendant, the Defendant does not need to appear.
Why is this still an issue? I understand that he can't be taken out as it is likely he has given instructions to others to release the info if he turns up dead. However, doesn't this guy have a family that he prefers to keep free from harm. The CIA or whichever countries were the counterparties on these cables need to start doing their job.
In my jurisdiction, Missouri a few laws apply. Here's one.
Mo.Rev.Stat. 569.099.
1. A person commits the crime of tampering with computer users if he knowingly and without authorization or without reasonable grounds to believe that he has such authorization:
(1) Accesses or causes to be accessed any computer, computer system, or computer network; or
(2) Denies or causes the denial of computer system services to an authorized user of such computer system services, which, in whole or in part, is owned by, under contract to, or operated for, or on behalf of, or in conjunction with another.
2. The offense of tampering with computer users is a class A misdemeanor unless the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, the value of which is five hundred dollars or more, in which case tampering with computer users is a class D felony.
Other statutes that apply include: 537.525, 569.095, 569.097.
Slashdot Mirror
Still.
Persistant misbehavior by children just wasn't acceptable 25 years ago.
Today parents are too busy twinking their buddies on friendbook, or watching TV to properly raise their children.
Spanking Deficit Disorder
When I want something,
I don't want to pay for it.
I walk right through the door.
Walk right through the door.
Hey all right! If I get by, it's mine.
Mine all mine!
Certain expressive matter in the PAC-MAN work, however, should be treated as scenes a faire and receive protection only from virtually identical copying. The maze and scoring table are standard game devices, and the tunnel exits are nothing more than the commonly used "wrap around" concept adapted to a maze-chase game. Similarly, the use of dots provides a means by which a player's performance can be gauged and rewarded with the appropriate number of points, and by which to inform the player of his or her progress. Given their close connection with the underlying game, K. C. Munchkin's maze design, scoring table, and "dots" are sufficiently different to preclude a finding of infringement on that basis alone.
Rather, it is the substantial appropriation of the PAC-MAN characters that requires reversal of the district court. The expression of the central figure as a "gobbler" and the pursuit figures as "ghost monsters" distinguishes PAC-MAN from conceptually similar video games. Other games, such as "Rally-X"[9] (described in Dirkschneider) and North American's own "Take the Money and Run,"[10] illustrate different ways in which a basic maze-chase game can be expressed. See also Durham, 630 F.2d at 914-15. PAC-MAN's particular artistic interpretation of the game was designed to create a certain impression which would appeal to a nonviolent player personality. The game as such, however, does not dictate the use of a "gobbler" and "ghost monsters." Those characters are wholly fanciful creations, without reference to the real world.[11] See Krofft; Walt Disney Productions v. Air Pirates, 581 F.2d 751 (9th Cir. 1978) (Cummings, J., sitting by designation), cert. denied, 439 U.S. 1132, 99 S.Ct. 1054, 59 L.Ed.2d 94 (1979).
North American not only adopted the same basic characters but also portrayed them in a manner which made K. C. Munchkin appear substantially similar to PAC-MAN. The K. C. Munchkin gobbler has several blatantly similar features, including the relative size and shape of the "body," the V-shaped "mouth," its distinctive gobbling action (with appropriate sounds), and especially the way in which it disappears upon being captured. An examination of the K. C. Munchkin ghost monsters reveals even more significant visual similarities. In size, shape, and manner of movement, they are virtually identical to their PAC-MAN counterparts. K. C. Munchkin's monsters, for example, exhibit the same peculiar "eye" and "leg" movement. Both games, moreover, express the role reversal and "regeneration" process with such great similarity that an ordinary observer could conclude only that North American copied plaintiffs' PAC-MAN.
Atari, Inc. v. North American Philips Consumer Electronics Corp., 672 F.2d 607, 617-18 (7th Cir. 1982).
Maybe we can send PayPal a strongly worded letter.
Much of what NASA does would properly be called 'trivial'. It's of extreme interest to a very small group of people, but to the overwhelming majority their work is of no consequence whatsoever.
The next time you see a headline like "NASA determines crust of Mars is actually 32.9% iron and not 32.7%" just ask yourself: Who cares and why did I have to pay to find out?
Only a sucker would come forward.
If he could identify you he would. He and the dean know that if they tried failing people based on "statistical evidence" the university would get its pants sued off.
Tell him to get back to working 20 hours a week for $130,000.
Only the crazies want jury trials when its clear that they are in the wrong. Juries are pissed that they're stuck in a courtroom for a week and are getting paid $20 dollars. When you throw in a defendant who is clearly wasting everybody's time by lying ... there tend to be pretty harsh verdicts.
The judge's remittitur ruling is not binding on other courts.
Vacating a ruling does not remove it from the record.
The RIAA was basically giving her another opportunity to settle. She declined, gambled and lost.
Gnome has held GNU/Linux back for nearly 10 years now.
I think they meant cookies and chips.
Just curious.
Are you 12?
Couldn't they have launched on a clear day so that you could see something other than clouds?
An example of how a corporation can be influenced to act a bit more responsibly through fear of public backlash.
Thanks for taking the time to illuminate us.
I can sue anyone in the country right now and they will be forced to either come to my local courthouse (even if they live in another state) or pay to send a lawyer to court.
Incorrect. If the forum state does not have personal jurisdiction over the Defendant, the Defendant does not need to appear.
The whole idea is flawed. There should be no special rights for journalists.
Wire Fraud - 18 USC 1343
Conspiracy to Commit Wire Fraud - 18 USC 371
RICO - 18 USC 1961
I don't know. "Ask the crowd" usually produced the correct answer on Who Wants to be a Millionaire.
Why is this still an issue? I understand that he can't be taken out as it is likely he has given instructions to others to release the info if he turns up dead. However, doesn't this guy have a family that he prefers to keep free from harm. The CIA or whichever countries were the counterparties on these cables need to start doing their job.
In my jurisdiction, Missouri a few laws apply. Here's one.
Mo.Rev.Stat. 569.099.
1. A person commits the crime of tampering with computer users if he knowingly and without authorization or without reasonable grounds to believe that he has such authorization:
(1) Accesses or causes to be accessed any computer, computer system, or computer network; or
(2) Denies or causes the denial of computer system services to an authorized user of such computer system services, which, in whole or in part, is owned by, under contract to, or operated for, or on behalf of, or in conjunction with another.
2. The offense of tampering with computer users is a class A misdemeanor unless the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, the value of which is five hundred dollars or more, in which case tampering with computer users is a class D felony.
Other statutes that apply include: 537.525, 569.095, 569.097.
Here's a link to the law for your jurisdiction: http://www.ncsl.org/IssuesResearch/TelecommunicationsInformationTechnology/ComputerHackingandUnauthorizedAccessLaws/tabid/13494/Default.aspx
Not an accident. This is certainly illegal in my jurisdiction. People should be going to jail.
He's not going to white-collar resort prison. No, no, no. He's going to federal POUND ME IN THE ASS prison.