Chương 12: Chapter 12: Chronicles of Time
"Okay, enough small talk. Let's get straight to the point," Barbara Babcock said as she invited Ethan and Evelyn to take their seats after glancing at her wristwatch. Smiling, she added, "It's now 8:05, and I have a class at 9:00, so you have fifty minutes to discuss your concerns."
Ethan nodded in acknowledgment of the concise words.
Glancing at Evelyn and seeing her gesture to speak up, Ethan earnestly said, "Professor Barbara, our main reason for coming today is to consult you on the copyright issues related to electronic games. Does this emerging industry enjoy copyright protection? If it does, how should we legally protect ourselves?"
Exactly, this was the purpose of Ethan's visit today.
Perhaps feeling that his question sounded a bit unprofessional or perhaps a bit naive, Ethan added, "Professor Barbara, forgive my ignorance, but my understanding of the law is that it tends to lag behind."
"No problem," Barbara, the lawyer, responded with a slight hum, resting her elbow on the table and gesturing. "Ethan, I understand what you mean. You don't need to be so formal. In fact, Evelyn has briefed me on the Magnavox and Atari situation..."
At this point, Barbara, the lawyer, paused for a moment and continued, "It should have been about two years ago? When Nolan Bushnell's plagiarism incident was just exposed? Yes, that's when she consulted me."
"What?" Ethan was somewhat surprised, turning to look at Evelyn.
However, the girl on the sofa remained composed, saying, "I thought you might need legal assistance."
She shrugged, saying, "If Magnavox really sues you, for such rogue behavior, we'll have to fight back in an even more rogue way. Those trash lawyers on the market don't have the skills for that."
This fact truly surprised Ethan.
He had never expected that Evelyn, who had always been critical of him over the past three years, had already helped him in this matter.
"Thank you," Ethan felt a bit touched.
But this expression of gratitude...
It was on behalf of the original Ethan Jones.
Because now, looking at it, that poor guy who got hung up on the phone call was even more unlucky!
"Hey! Evelyn! Who are you calling a rogue?"
Barbara overheard Ethan and Evelyn's conversation.
Regarding the term "rogue," she immediately put on a stern face.
Evelyn, however, was unafraid. She stuck out her tongue, approached, and hugged Barbara's arm, coquettishly saying, "Oh, Professor Barbara, I'm praising you for being formidable!"
"Humph!" Barbara gave Evelyn a stern look, then couldn't hold back and burst into laughter. "Okay, okay, enough teasing. Let's not waste time."
Amidst the playful banter, the atmosphere at the scene became very relaxed.
The kindly-faced Barbara, still smiling, answered Ethan's previous question, "Ethan, your question is actually quite simple. Electronic games are protected by copyright laws."
"However, I need to clarify something about this."
"The copyright protection law currently used in our country was formulated in 1909. Since there were no electronic games at that time, the categories for copyright registration did not include electronic games."
"Of course, when the law was formulated, people already foresaw similar issues. So, in drafting the law, there was a fallback provision. For example, in our 1909 Copyright Protection Law, it states that the objects protected by copyright law include novels, music, plays, movies, and other published or unpublished works."
"So, the common understanding in our industry now is to categorize electronic games into other works. In other words, if someone plagiarizes the content of an electronic game, the 1909 Copyright Protection Law still applies."
"Oh, is that how it is?"
Barbara, the lawyer, explained it clearly, and Ethan understood it well.
But precisely because he understood it, he became more puzzled.
Frowning, he asked, "Professor Barbara, since the content of electronic games is also protected by copyright law, how did Atari dare to plagiarize Magnavox's games in the first place?"
Yes, this was the key issue for which Ethan sought a lawyer!
Because in his memory, American copyright protection laws were very strict!
Otherwise, there wouldn't be such a ridiculous joke as drawing a mouse on a deserted island and then being saved!
However, after he arrived in this era, the copyright lawsuit between Magnavox and Atari made him lose confidence.
Because, according to the memories of the original owner of this body, Nolan Bushnell's plagiarism at Atari happened in 1972, and Magnavox learned about it as early as 1973. However, they only officially sued last year, in 1974!
As long as one had clear eyes, it was obvious that there was a problem in this matter!
After all, no company could just stand by and watch its opponent plagiarize its work without doing anything!
Especially when the competitor was making a fortune by plagiarizing their work!
Ethan's question made Barbara, the lawyer, raise an eyebrow. She picked up her coffee, took a sip, and said with a smile, "Ethan, don't be confused. Because after hearing your story earlier, I was also curious. So, I looked up some information, and I found out that Atari's plagiarism of Magnavox's games was due to the negligence of the American Copyright Office."
"???"
This answer piqued Evelyn's interest.
"Professor Barbara, are you saying that those staff..."
"No, no, no..."
Before Evelyn could finish her sentence, Barbara interrupted, saying, "Evelyn, it's not what you think."
"I just said that our current copyright protection law was formulated in 1909. In that era, there was no category for electronic games. However, it also stipulated something very interesting—when all works wanted to register for copyright at the Copyright Office, they needed to fill out the corresponding application form according to the type of the work."
"We can now define electronic games as other types, but back then, when Magnavox applied, the person in charge of the review thought that electronic games might belong to music, graphics, or even movies. They felt these things should be registered separately."
"But Magnavox believed that their game was a whole and couldn't be registered separately. Registering them separately would make it difficult to defend against infringement. So, the registration became deadlocked at that time."
"Finally, because there was no resolution due to the argument, Magnavox only patented the Odyssey game console and did not register the copyright for the game content."
"???"
"What?"
Ethan was astonished!
This answer left him utterly speechless!
Barbara confirmed with an incredulous expression, "Isn't it absurd?"
"Unfortunately, that's reality because only in reality can such illogical things happen," she added, shrugging.
At the same time, she spread her hands and continued, "But, I haven't finished telling you the whole story. The reason Magnavox didn't register the copyright for the game, and the key factor, was the existence of an expedited service at the Copyright Office."
"You might not have heard of it, but I'm very familiar because I've used it."
"According to the 1909 Copyright Act, whether a work is registered or not, it is legally protected. However, to enforce rights, registration must be done at the Copyright Office."
"This may sound paradoxical because if I haven't registered the copyright, I can't determine when the copyright protection takes effect. Without knowing that, I can't enforce my rights."
"But with the expedited service, everything becomes simple."
"If an unregistered work is infringed upon, the victim can apply for expedited service at the Copyright Office. Within a certain period, the Copyright Office will review and issue a copyright registration certificate. Behind this certificate, there will be a note stating when the copyright protection for the work began."
"For example, if I apply today for a work created ten years ago, the Copyright Office will set the date at 1965. It's because of this remedy that even when there was a disagreement between Magnavox and the Copyright Office, Magnavox didn't care, giving Atari the opportunity."
Barbara, the lawyer, laughed at this point, her eyes twinkling playfully.
"I've laid it all out for you. You should understand what I mean, right?"
"Since Magnavox didn't register the copyright, why wouldn't Nolan Bushnell dare to copy?"
Raising her voice, she exclaimed, "Because they succeeded! They made big money! Only then did Magnavox apply for expedited service to sue them! By that stage, Atari had already succeeded!"
"Atari had to prove to the Copyright Office when Magnavox's game was made, and then the Copyright Office could determine the rights period. During this awkward evidence-gathering period, they couldn't protect their rights at all!"
"And, you need to pay attention to one thing. 'Pong' wasn't Nolan Bushnell's first arcade machine! Before launching 'Pong,' he made other games!"
"They just weren't successful, and the original copyright owner didn't even know about it, so they didn't bother him."
Well then!
It turned out that Magnavox relied on the Copyright Office's ability to record the history of years, allowing Atari to win everything!
Ethan felt a bit nostalgic.
Although he found Barbara's lawyer talk a bit amusing, but...
Well, this indeed was a tradition in America.
After all, in this country, there have been bizarre incidents of transporting refugees from one place to another.
Having experienced countless wonders in the 21st century...
Magnavox's amusement couldn't really be considered amusing, more like a big joke.
"Okay, Professor Barbara, thank you very much for your explanation."
Ethan held back his laughter and said seriously.
But, to be honest, at this moment, he felt much more relaxed.
Because he figured out the true reason for the original owner's dilemma, and he also knew that in 1975, in this primitive era, electronic games were also legally protected.
So, in this situation...
Registering a copyright for "Snake," wouldn't that mean he could sell it?
And once sold, wouldn't he have money?
Money means...
Beach! Beautiful women! Bizarre castle!
Hehehe!
Thinking of this, Ethan couldn't help but ask eagerly:
"So, Professor Barbara, if I register the copyright now, can I include electronic games?"
"I won't be rejected by the Copyright Office like Magnavox, right?"
"Of course not!"
Barbara laughed, "Actually, after Magnavox officially sued Atari last year, the Copyright Office has already opened up registration in this area. You can completely register your content under the name of electronic games."
This answer satisfied Ethan.
However, just as he was about to thank her and proceed with the registration process...
Barbara, the lawyer, said, "But, I don't recommend you register now."
"???"
This statement confused Ethan a bit.
Evelyn also looked surprised, "Why, Professor Barbara?"
The two's confusion made Barbara laugh, "The reason is simple..."
"Darlings! You're lucky. The restriction from 1956 is about to be overturned by those capitalists!"
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