66 A.L.R.Fed. 476, 215 U.S.P.Q. 405,1982 Copr.L.Dec. P 25,432, US Court of Appeals, Video Games (DEFENDER), Copyright, Unfair Competition, The Idea/Expression Dichotomy, original work of authorship, Whether the audiovisual aspects of a video game were sufficiently "fixed" to receive copyright protection under the 1976 Copyright Act ?, ROM an is not an fixed medium, Computer Games, Midway Manufacturing Co. v. Arctic International Inc. (547 F.Supp. 999 (1982),

1. WILLIAMS ELECTRONICS
INC. V. ARCTIC
INTERNATIONAL INC.
66 A.L.R.FED. 476, 215 U.S.P.Q. 405,
1982 COPR.L.DEC. P 25,432. By,
MOHAMMED HAROON RASHEED
B.A.LL.B (Hons.), [BSW] & [LLM]
Advocate
Email ID: adv.mdharoon@gmail.com
1(c)2014 MD HAROON RASHEED, ADVOCATE

2. UNITED STATES COURT OF
APPEALS
 Argued May 25, 1982.
 Decided Aug. 2, 1982.
 Rehearing Denied Aug. 24, 1982
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3. FACTS
 Defendant-Appellant Arctic International, Inc. is a seller of electronic
components for video games in competition with Williams.
 Williams the Plaintiff-Respondent made a video game called
"Defender" that featured images of spaceships and aliens.
 The computer program was hard wired into a 'ROM' chip , which are
tiny computer "chips" .
 Arctic the defendant began producing a set-off version called "Defense
Command" that used pretty much the exact same images and program of
Williams.
 Williams filed an case on Arctic on the bases of copyright act as unfair
competition.
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5. THE DECISION OF THE
TRAIL COURT.
 The trial court demand for monetary damages, and further severed
Williams’ to claims of copyright infringement from its claims of trademark
infringement and unfair competition by Arctic International.
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7. Three requirements:
1) That the work be “fixed” in a tangible
medium of expression;
2) That it be an “original work of authorship”;
and
3) That it not be an idea, procedure, etc.
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8. ISSUE.
 Whether the audiovisual aspects of a video game were sufficiently "fixed" to
receive copyright protection under the 1976 Copyright Act ?
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9. LAW AND ANALYSIS
 Arctic argued that Williams could not have a copyright on the material
because it was not in a fixed medium.
 The copy right act of USA states that a work must be fixed in a
tangible medium of expression.
 ROM an is not an fixed medium.
9(c)2014 MD HAROON RASHEED, ADVOCATE

10. CONTINUED…
 There is overwhelming evidence in the present case that the
Williams computer program has been copied in some form.
 (1) The game created by the Artic circuit boards contains an error
which was present in early versions of the Williams computer
program-it displays the wrong score value for destroying a particular
alien symbol;
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11.  (2) The attract mode of both games displays a listing of high scores
achieved by previous players alongside their initials, and Arctic's game
contains the initials of Williams employees, including its president, who
initially achieved the highest scores on the DEFENDER game;
 (3) Using a laboratory developmental device, Williams' employees
printed out a listing in code of the contents of the memory devices of
both games. In excess of 85% of the listings are identical;
11(c)2014 MD HAROON RASHEED, ADVOCATE

12.  Arctic argued that Williams could not have a copyright on the material because it
was not in a fixed medium.
• 17 U.S.C. §102(a) requires that a work must be fixed in a tangible medium of
expression.
• Arctic argued that since the images move around on a screen and disappear, they
don't meet the definition of 'fixed'. Each time the game is played, the images are
redrawn over again. In addition, the player controls the action and is in a sense a 'co-
author' of what appears on the screen.
 The Appellate Court affirmed.
• The Appellate Court found that the term fixed should be read to mean "sufficiently
permanent or stable to permit it to be...reproduced or otherwise communicated."
• In addition, the Court found that the audio-visual work was permanently embodied
in the computer code on the ROM.
• See Midway Manufacturing Co. v. Arctic International Inc. (547 F.Supp. 999 (1982)).
• The Court found that the player's participation in the game did not withdraw the
work from copyright eligibility, because a substantial portion of the images are the
same, regardless of how the game is played.
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13. CONCLUSION
 According to the Final Report of the National Commission on
New Technological stated that there was Uses of Copyrighted Works
in the game.
 The court also rejected Arctic’s additional arguments.
 The court remanded for further proceedings on that issue.
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