Atari Accuses Tempest 2000 Dev Of Copying Tempest 2000

Lil devils x_v1legacy

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May 17, 2011
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LaoJim said:
I know we're supposed to root for the little guy over the big guy, but I'm not seeing it myself. From the screen shots is does look as though TxK is a direct clone of Tempest 2000. This guy didn't work on the original Tempest so he has no particular moral claim to the creative rights. While I'm not a lawyer, my understanding is that you can't copyright game mechanics but you can copyright the overall art style of the game. I think a judge looking at this would decide that "an idiot in a hurry" would assume that this was another Tempest game and therefore officially sanctioned by Atari, something they have a right to complain about - irrespective of whether or not any lines of code or assets have actually been reused. If he'd changed the background, used a different design for the ship, changed some of the wording and made at least some modifications to the gameplay (which in fairness he might have done), I'd be all in favour of him taking the basic concept behind Tempest and creating something new with it, but it does just seem like a lazy copy at the moment, and I'm not sure why I should be on his side.

Put it this way, if Coca-Cola went after someone just for trying to sell their own brand of cola, I'd against that, but if someone puts their drink in a red and white bottle and calls it "Cocia-Cola" I've got no beef with the giant stamping on them.
I thought they said the guy DID work on the original.

From the Article above:
" Minter was a developer for Tempest 2000 - as in, he literally wrote the code for both games."

Honestly though, I do not think any copy write should be able to go for more than 20 years, but then again I have major issues with copy write to begin with, as more than one person can think of an idea independent of one another, in addition you have people who have no intention of ever creating a work themselves copy writing everything imaginable just to claim royalties if someone else does. It is a terribly flawed and abused concept.
 

LaoJim

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Lil devils x said:
I thought they said the guy DID work on the original.

From the Article above:
" Minter was a developer for Tempest 2000 - as in, he literally wrote the code for both games."

Honestly though, I do not think any copy write should be able to go for more than 20 years, but then again I have major issues with copy write to begin with, as more than one person can think of an idea independent of one another, in addition you have people who have no intention of ever creating a work themselves copy writing everything imaginable just to claim royalties if someone else does. It is a terribly flawed and abused concept.
There are three versions of this game under discussion:

Tempest (1981, Atari 2600...) designed by Dave Theurer
Tempest 2000 (1994, Jaguar...) designed by Jeff Minter
TxK (2014, Vita...) also designed by Jeff Minter

I haven't played any of them except for Tempest (I might give it a go as I've got it sitting on an Atari collection somewhere), so I'm not the best person to ask, but it seems like 2000 added stuff like new maps and new power-ups; the core mechanics and gameplay are based on the original and so presumably are the legal property of Atari and arguably to some extent the moral property of Dave Theurer. The question is whether Jeff Minter added or changed enough of the gameplay that it became in some way different enough that we could assume his moral right to the work becomes more significant than Atari/Theurer. Even if we decide it does and want to stick up for the little guy, he was probably working under contract and can't claim it legally anyway.

Fun fact I got from Wikipedia while checking this.

On the way to fireworks displays at Moffett Field on July 4, 1983, David used his Porsche 928 to chase down a hit-and-run driver who had struck Michael McCully, a 15-year-old boy from Los Altos. Michael suffered a severed spine injury and was paralyzed from the waist down. The driver returned to the scene where the California Highway Patrol arrested him for hit-and-run, drunken driving, giving false information to a police officer and driving without a license. David was praised for his efforts by the California Highway Patrol.
Well done that man.
 

SweetShark

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Jan 9, 2012
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I will the "devil" on this one and I will say I agree with Atari.
Being a creator of something, doesn't mean you own it if you work for a company.
Being the artist of a very important Videogame character [Megaman], doesn't mean if you leave the company [Capcom] you have a right to create a game with the same character. For that reason there are games which we call them "spirtual successors" [Mighty No. 9] to don't have problems with Copyrights.

Sure, Jeff Minter change the name, but the game look very much the same. If he made the game a little more different from the original, he wouldn't have a problem.
Of course to be fair, there are not much to change.
 

008Zulu_v1legacy

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Guilion said:
Breaking news! Atari is still under 75 employees [http://www.macroaxis.com/invest/ratioCompare/ATA.PA--Current_Ratio--Number_of_Employees]
It says 51, including part timers. It's so sad. they were a big games developer, now they are so small they could almost qualify as Indie.
 

Mortuorum

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SweetShark said:
I will the "devil" on this one and I will say I agree with Atari.
Being a creator of something, doesn't mean you own it if you work for a company.
Being the artist of a very important Videogame character [Megaman], doesn't mean if you leave the company [Capcom] you have a right to create a game with the same character. For that reason there are games which we call them "spirtual successors" [Mighty No. 9] to don't have problems with Copyrights.

Sure, Jeff Minter change the name, but the game look very much the same. If he made the game a little more different from the original, he wouldn't have a problem.
Of course to be fair, there are not much to change.
I think you're fundamentally right. I sympathize with Minter and really wanted to see Atari as the bad guy, but I can't. Atari owns the intellectual property, Tempest, including its visuals and gameplay. The fact that Minter was contracted to develop a sequel/update (Tempest 2000) gives him absolutely no legal ownership of Tempest or any of its assets or code, even if he developed them himself, unless his original contract with Atari explicitly gives him those rights. (Pro tip: it doesn't.)

From the screen captures provided, it seems pretty clear that TxK is more than a "spiritual successor" to Tempest 2000; based on the evidence, it is clearly the same fundamental game with updated visuals. If this was the game he wanted to make, he should really have reached out to Atari first.

All that said, I hope Jeff Minter continues to make games. I loved Tempest 2000 and played it endlessly on my old Atari Jaguar, and then again when it was released on Playstation.
 

killerbee256

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It isn't even the same Atari, the Atari that made tempest 2000 went bankrupt and got bought out years ago. What they are is a company that bought up a lot of IP and then started going around claiming people "stole" something from them. All this really proves is that IP laws need to be reformed.
 

Callate

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They're definitely similar in appearance. And if they actually use borrowed code, Atari might have a case. But in a world where companies like Vlambeer get blatantly ripped off by imitators and Capcom can't own fighting games, I'd say in anything short of that, Atari needs to lose. We can't have two standards.
 

KDR_11k

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Sarge034 said:
Looks alike to me. Be interested to know if any snippets of code he made for Atari ended up in this game.
Unlikely, the original game was a loooong time ago for a console so it likely contained copious amounts of low level code (C if you're lucky, most likely ASM). Since then we've developed new languages, new programming paradigms, new ways to interface with the hardware (and stuff like 3d hardware), ... A modern program looks nothing like a game looked back then (and would also be stored on completely different media) and it would be waaaaay faster to simply write a new game than to reuse anything from back then.

TxK is far too close to T2000 though, the most obvious part is that it has the exact same levels. Enemies look kinda different, mechanics may be mostly similar but aren't copyrightable, the claw ship has been used in other games by now but having the same levels is just egregious.

Rotting corpses like Atari and Interplay need to go away though.
 

Skeleon

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I always thought game devs got around those snags by calling it a "spiritual successor" or something. Unless he literally took code from the earlier title, I don't think Atari's argument will really hold up.
 

snekadid

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Mar 29, 2012
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Halyah said:
Lil devils x said:
I thought they said the guy DID work on the original.

From the Article above:
" Minter was a developer for Tempest 2000 - as in, he literally wrote the code for both games."

Honestly though, I do not think any copy write should be able to go for more than 20 years, but then again I have major issues with copy write to begin with, as more than one person can think of an idea independent of one another, in addition you have people who have no intention of ever creating a work themselves copy writing everything imaginable just to claim royalties if someone else does. It is a terribly flawed and abused concept.
Those kinds of people are terrible. Remember the Edge guy? Ran rampant for years until he went full stupid and decided to sue EA.

OT: Isn't Atari today just a name that was bought up by someone else with none of the original people in it left? I'm not surprised by this though. Thats how these things tend to go if there's money involved.
Yep, Atari died a long time ago. Another company then bought the corpse, then used Atari's name to trick people into thinking they represented quality. The same thing happened to Polaroid, everything you see on the market today with their name on it isn't a actual Polaroid product. Instead they're using the name to sell subpar products with discounted parts. YEA! "Honesty" in marketing!
 

faefrost

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Lil devils x said:
LaoJim said:
I know we're supposed to root for the little guy over the big guy, but I'm not seeing it myself. From the screen shots is does look as though TxK is a direct clone of Tempest 2000. This guy didn't work on the original Tempest so he has no particular moral claim to the creative rights. While I'm not a lawyer, my understanding is that you can't copyright game mechanics but you can copyright the overall art style of the game. I think a judge looking at this would decide that "an idiot in a hurry" would assume that this was another Tempest game and therefore officially sanctioned by Atari, something they have a right to complain about - irrespective of whether or not any lines of code or assets have actually been reused. If he'd changed the background, used a different design for the ship, changed some of the wording and made at least some modifications to the gameplay (which in fairness he might have done), I'd be all in favour of him taking the basic concept behind Tempest and creating something new with it, but it does just seem like a lazy copy at the moment, and I'm not sure why I should be on his side.

Put it this way, if Coca-Cola went after someone just for trying to sell their own brand of cola, I'd against that, but if someone puts their drink in a red and white bottle and calls it "Cocia-Cola" I've got no beef with the giant stamping on them.
I thought they said the guy DID work on the original.

From the Article above:
" Minter was a developer for Tempest 2000 - as in, he literally wrote the code for both games."

Honestly though, I do not think any copy write should be able to go for more than 20 years, but then again I have major issues with copy write to begin with, as more than one person can think of an idea independent of one another, in addition you have people who have no intention of ever creating a work themselves copy writing everything imaginable just to claim royalties if someone else does. It is a terribly flawed and abused concept.
Tempest 2000 was not the original. It was a remake of the classic Arcade IP, and an attempt to bring the IP into the console generations. Tempest had remained one of Atari's few properties that had not been well adapted to modern home gaming systems. It's unusual control setup and extremely fast gameplay made it all but impossible for most contemporary consoles, and consoles evolved further and further away from its paddle type controls.

Atari could not ignore this one. It would literally be surrendering their IP, which is the only value remaining to the company. They do still have an obligation to protect that and carefully steward it for investors. And I am sorry, but as much as 20 IP seems like a great idea, it means creators have no reason to invest in new ideas. To create or invent new things. While some of the extremes of modern copyright are more than a bit abusive, the classic "creators lifespan or 75 years + x is a perfectly valid approach to insuring that creators get value for themselves and can pass some to their families.
 

killerbee256

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faefrost said:
Lil devils x said:
Atari could not ignore this one. It would literally be surrendering their IP, which is the only value remaining to the company. They do still have an obligation to protect that and carefully steward it for investors. And I am sorry, but as much as 20 IP seems like a great idea, it means creators have no reason to invest in new ideas. To create or invent new things. While some of the extremes of modern copyright are more than a bit abusive, the classic "creators lifespan or 75 years + x is a perfectly valid approach to insuring that creators get value for themselves and can pass some to their families.
But they aren't the creators, they're someone who came around later and bought the name Atari and IP and all they've done with it is create those cheap consoles that are a controller with audio video cables that emulate old games.
http://en.wikipedia.org/wiki/Atari
 

faefrost

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killerbee256 said:
faefrost said:
Lil devils x said:
Atari could not ignore this one. It would literally be surrendering their IP, which is the only value remaining to the company. They do still have an obligation to protect that and carefully steward it for investors. And I am sorry, but as much as 20 IP seems like a great idea, it means creators have no reason to invest in new ideas. To create or invent new things. While some of the extremes of modern copyright are more than a bit abusive, the classic "creators lifespan or 75 years + x is a perfectly valid approach to insuring that creators get value for themselves and can pass some to their families.
But they aren't the creators, they're someone who came around later and bought the name Atari and IP and all they've done with it is create those cheap consoles that are a controller with audio video cables that emulate old games.
The thing is IP once created is exactly what it says on the label. "Intellectual Property", with the Property part being the important element of this. Yes the creators are still involved. The IP as their property was available to be sold and monetized for their benefit. And the key value add if the length of the copyright. That is what enabled those original creators to gain value and compensation for their original work. They sold it to someone who would make use of it as part of their own business model. In our constant blathering about freedom and art and such we often miss the importance of property rights to invention and innovation. Have you ever noticed that you will rarely ever hear artists or creative types complaining about Copyright issues? (unless they are having a personal direct and tightly specific squabble with a rights holder). Notice how most musicians seem to be pretty much on the side of IP rights? This is because this is how they monetize their work, feed their families and provide for their children. It's not simply 'It's my art and I can do with it as I wish", it's "It's my art and I can sell it to provide for my needs". Once created IP is property able to be bought, sold and protected until it finally drops out of a reasonable and fairly lengthy copyright period. It can't work any other way. There is no potential benefit to the real end point creators any other way. Yes this will make it more difficult for derivative creators to make cool stuff based on existing work. But the priority must go to the controlling owner of the original IP in order to make it all work as we need it to.
 

killerbee256

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faefrost said:
killerbee256 said:
faefrost said:
Lil devils x said:
Atari could not ignore this one. It would literally be surrendering their IP, which is the only value remaining to the company. They do still have an obligation to protect that and carefully steward it for investors. And I am sorry, but as much as 20 IP seems like a great idea, it means creators have no reason to invest in new ideas. To create or invent new things. While some of the extremes of modern copyright are more than a bit abusive, the classic "creators lifespan or 75 years + x is a perfectly valid approach to insuring that creators get value for themselves and can pass some to their families.
But they aren't the creators, they're someone who came around later and bought the name Atari and IP and all they've done with it is create those cheap consoles that are a controller with audio video cables that emulate old games.
The thing is IP once created is exactly what it says on the label. "Intellectual Property", with the Property part being the important element of this. Yes the creators are still involved. The IP as their property was available to be sold and monetized for their benefit. And the key value add if the length of the copyright. That is what enabled those original creators to gain value and compensation for their original work. They sold it to someone who would make use of it as part of their own business model. In our constant blathering about freedom and art and such we often miss the importance of property rights to invention and innovation. Have you ever noticed that you will rarely ever hear artists or creative types complaining about Copyright issues? (unless they are having a personal direct and tightly specific squabble with a rights holder). Notice how most musicians seem to be pretty much on the side of IP rights? This is because this is how they monetize their work, feed their families and provide for their children. It's not simply 'It's my art and I can do with it as I wish", it's "It's my art and I can sell it to provide for my needs". Once created IP is property able to be bought, sold and protected until it finally drops out of a reasonable and fairly lengthy copyright period. It can't work any other way. There is no potential benefit to the real end point creators any other way. Yes this will make it more difficult for derivative creators to make cool stuff based on existing work. But the priority must go to the controlling owner of the original IP in order to make it all work as we need it to.
Thank you for the pro corporate talking point. We are talking about a company that took the once ionic name "Atari" and made it into an online casino company, yeah that's all about "art." " ...reasonable and fairly lengthy copyright period..." you mean the period which will get expended indiffidently every time mickey mouse or superman get close to becoming public domain?
 

Lil devils x_v1legacy

More Lego Goats Please!
May 17, 2011
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faefrost said:
Lil devils x said:
LaoJim said:
I know we're supposed to root for the little guy over the big guy, but I'm not seeing it myself. From the screen shots is does look as though TxK is a direct clone of Tempest 2000. This guy didn't work on the original Tempest so he has no particular moral claim to the creative rights. While I'm not a lawyer, my understanding is that you can't copyright game mechanics but you can copyright the overall art style of the game. I think a judge looking at this would decide that "an idiot in a hurry" would assume that this was another Tempest game and therefore officially sanctioned by Atari, something they have a right to complain about - irrespective of whether or not any lines of code or assets have actually been reused. If he'd changed the background, used a different design for the ship, changed some of the wording and made at least some modifications to the gameplay (which in fairness he might have done), I'd be all in favour of him taking the basic concept behind Tempest and creating something new with it, but it does just seem like a lazy copy at the moment, and I'm not sure why I should be on his side.

Put it this way, if Coca-Cola went after someone just for trying to sell their own brand of cola, I'd against that, but if someone puts their drink in a red and white bottle and calls it "Cocia-Cola" I've got no beef with the giant stamping on them.
I thought they said the guy DID work on the original.

From the Article above:
" Minter was a developer for Tempest 2000 - as in, he literally wrote the code for both games."

Honestly though, I do not think any copy write should be able to go for more than 20 years, but then again I have major issues with copy write to begin with, as more than one person can think of an idea independent of one another, in addition you have people who have no intention of ever creating a work themselves copy writing everything imaginable just to claim royalties if someone else does. It is a terribly flawed and abused concept.
Tempest 2000 was not the original. It was a remake of the classic Arcade IP, and an attempt to bring the IP into the console generations. Tempest had remained one of Atari's few properties that had not been well adapted to modern home gaming systems. It's unusual control setup and extremely fast gameplay made it all but impossible for most contemporary consoles, and consoles evolved further and further away from its paddle type controls.

Atari could not ignore this one. It would literally be surrendering their IP, which is the only value remaining to the company. They do still have an obligation to protect that and carefully steward it for investors. And I am sorry, but as much as 20 IP seems like a great idea, it means creators have no reason to invest in new ideas. To create or invent new things. While some of the extremes of modern copyright are more than a bit abusive, the classic "creators lifespan or 75 years + x is a perfectly valid approach to insuring that creators get value for themselves and can pass some to their families.
I completely disagree on copywrite, as that hinders creativity rather than encourages it as well as allow for wealth to be funneled into fewer hands rather than the way it originally worked via apprenticeships. Apprenticeships allowed for wealth to be more evenly distributed among those who create it, allowing for those working under to eventually be able to be the ones who profit the most from their work. Copywrite destroyed this system, thus also causing wealth inequality to run rampant. The wealth accumulated from your work should be passed, as well as any knowledge or skills you chose to pass on to heirs, but " ideas" should not be considered property. I disagree that this system helps those who invented to profit from their work and the creators rarely are the ones who profit, instead it is others who copied their idea and copywrite it first or those who paid very little for the idea instead.

20 years is ample time for one to profit from their idea, honestly I think that is even too much, it isn't like copywrite prevents people from copying these things anyhow, those with the most money get the right sin the end and it only keeps people within those nations that support such things to do so, meanwhile in china they are mass producing them for cheap like mad. Most of the time these companies suing for " stolen ideas" stole the idea themselves. Copywrite isn't sustainable long term anyhow, the more people you have on a planet, the odds of multiple people legally owning the same idea increases. Even throughout history we have repeatedly had inventions reinvented and discoveries lost and rediscovered. We do not own these "ideas", they are just part of being a homo sapien that uses tools. That is what we do as a species, we invent and adapt. Trying to claim that to belong to one person is absurd.

Most of those who create are not all that concerned about profiting from their creations in the first place, it is great when they can, but they rarely are the ones who do. They are too busy inventing and creating things to concern themselves with marketing and sales. Those driven to actually create and invent do so because they don't know how to " not" do it. You wake up in the middle of the night and have to sketch things out, you miss meals and sleep because you cannot stop until your idea is out, they are not driven by money, but by natural ability, and are less likely to be the ones who profit from their work. Chances are this benefits people who prey on the inventors rather than the inventors themselves.
ATari is no longer the people who made the name what it is, they are just some other guys who want to profit from others hard work instead. copywrite benefits those who did not do the work and prey on inventors more than it benefits those who do.