JDKJ said:
Did you read your own wiki entry? It states that of 10 notable release in 1980, all but two are arcade releases. And of the two that aren't, only one of those is computer-based (for the Apple II). The other is a hand-held LCD game. In fact, in states that it was only in 1980 that the first domestic computers capable of playing games were released in the UK. This is your proof that personal computer-based video games could be so commonly found in 1980 that use of the term "computer program" would be commonly understood to include video games? You're kidding me, right?
Absence of evidence =/= Evidence of absence
I never said (nor does wikipedia imply) that that list was a comprehensive one, I used that list as an example of the evidence of video games, now you are demanding EVEN MORE evidence of video gaming in 1980. In fact in 1980 a video game is far more likely to be called a computer program than be called a video game!
You really think I am going to go to the effort of amassing sources and evidence of the popularity of video games in 1980 after all that I have already shown you? Especially when that is all utterly irrelevant, the law is not void by subtle change in technology, not without at least a court ruling. It's an utterly pointless effort, as pointless as proving the proliferation of the internet in the 90's.
JDKJ said:
http://en.wikipedia.org/wiki/1980_in_video_gaming
I think the above may help you towards the understanding that in 1980 personal computer-based video games were about as common as snowfall in Florida.
You do understand that the salient operative term here is "personal computer-based" (if not, "computer program" as meaning video game is a non-starter). That Pac-Man was the rage in the arcades doesn't matter. No one's gonna think an arcade game is a "computer program" as the term is used in Section 117. Do you? Are you now gonna try to tell me that a Pac-Man arcade machine is a "computer" as that term is used in Section 117? You might as well. At least then your argument will be consistent.
Well why don't we look at the "definitions" section of the actual act itself:
"A 'computer program' is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result."
http://www.copyright.gov/title17/92chap1.html#117
"A computer is a device or machine for making calculations or controlling operations that are expressible in numerical or logical terms"
http://www.wordiq.com/definition/Computer
And YES that does include everything from Pocket Calculators to Xbox 360.
You seem to be utterly depending on false perceptions and misunderstandings, mostly on your own part.
JDKJ said:
ravenshrike said:
As for games not being common, I point you to Oregon Trail, which was released to schools in 1974 and released commercially in '78.
One = common. OK. If you say so.
Dude, I'd concede this whole issue. This is the time t gracefully admit that Section 117 applies to Video Games. You can disagree all you like but till an actual court rules one way or another I think we will file your concerns under "Non-Professional Opinion".