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Equipped with individual battle armor suits, known as Elemental suits, a small group of Elementals was capable of bringing down a single MECH.
The consumer can explore one hundred square miles of an alien world, complete with canyons, obstacles, changing weather patterns, friendly MECHs, and enemy MECHs. The armor of Loose's MECH des does not appear in uninterrupted expanses, but is made from small segments or panels of plating bolted together. The descriptions that Loose used as a map in creating the des generally covered the speed, armor, armament, history, name, and manufacturer of the MECH. Pursuant to Fed. The Findings of Fact are based upon consideration of the parties' uncontested facts, all the admissible evidence, as well as this Court's assessment of the credibility of the trial witnesses.
The game was set in the 31st century where the Star League, a once-flourishing empire consisting of five separate cosmic houses, has been devastated by over two hundred years of bitter civil war. DX ; Macek Tr. PX 96, ; Lewis Decl. Unless otherwise required by the writer, the Knutson des incorporate a head lowered into the body or appear headless, with a torso that resembles a spaceship or a tank on legs. The Japanese des look different from Loose's des.
The player is told how the battle started, what forces were used and how to orient his game maps and playing pieces to recreate the scene. Prior to the commencement of trial, this Court, after receiving input from the parties, imposed time limitations for the trial of this case and divided the trial into four phases: Phase I dealt with a waiver issue; Phase II focused on the validity and identification of FASA's alleged copyright and trade dress rights; Phase III focused on all infringement and liability issues; and Phase IV was to focus on damages.
PX 1; Weisman Tr. PX ; Weisman Tr. PX 1, ; Weisman Tr. The rules of the game and the fictional setting of the game did not change, although the model kit markers were replaced by paper game markers bearing the same des because the model kit markers were too large to function properly as game pieces.
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PX 79; Lewis Decl. PX 78; Lewis Decl. These genetically bred human beings stood over eight feet tall and possessed superior strength and speed. PX 96; Lewis Decl.
The consumer "moves" the MECH in the computer generated environment through the use of a throttle and joystick. Loose changed some of these humanoid-type des by adding more realistic machine features.
The appearance of the Japanese des to which FASA had access, were typical of the Japanese giant robot genre at the time and may be described as humanoid, reflecting human forms clothed in metal body armor in superhero-like poses. His des were intended to look as if the MECHs were actually built by machines. Under the terms of that Agreement, all tangible and intangible products of Incredible Technologies' development work, including graphic materials, automatically became the sole property of FASA along with any patent or copyright rights upon FASA's corresponding payment for such work.
Venters Decl. Loose was given pictures and models of all the d des to use as the basis for his drawings. FASA continues to publish Mr. Knutson, also tried to get away from a human form look. It has also been featured in articles and reviews appearing regularly in those publications. Loose repeatedly reworked the d des.
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PX ; Loose Tr. The MECH des created by Loose differed ificantly from the Japanese des by being primarily based on technology and machines rather than humanoid des. The cockpit contains a variety of monitors, switches, buttons and lighted displays. The game is completely interactive with play determined by the strategies and tactics of up to eight different consumers participating in the same battle simulation.
PX 73A, ; Weisman Tr. Lewis Decl. Playmates Toys, Inc. These latter counts proceeded to trial and are addressed in this opinion. Knutson Decl.
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Venters' goal in creating his des was to make the MECHs symmetrical and based on basic shapes and combinations of basic shapes. The H. Wells Awards are nominated by members of the Academy of Adventure Gaming Arts and De and voted on by the general gaming public.
Many of the original des created by Knutson are distinguished by the de-emphasis of the head, in contrast to the Japanese des which frequently featured a head with antennae. The object is to see if the player can change the outcome of the original battle. PX 76; Lewis Decl. Each player would control one or more MECH playing pieces on a terrain-specific game board consisting of six-sided grids. In this opinion, the Court finds that FASA has established certain protectible copyright and trademark rights but has failed to prove any facts which establish liability on the part of Playmates.
In a opinion, this Court addressed Playmates' motion for summary judgment and outlined many of the legal standards that the Court has applied in this bench trial.
PGX 3, PGX 3A. PX 77; Lewis Decl.
The player or gamemaster directed the movement, weaponry and targets of each MECH playing piece and recorded damage sustained to each MECH during battle in accordance with an elaborate set of rules. Weisman Dep. PX 95; Weisman Tr. Nelson Decl. Loose's des featured a prominent cockpit "with personality" based on visual language that would allow the public to identify the specific MECH by face.
As the MECH moves, a large television monitor in the cockpit shows the changing terrain outside.
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To the extent, if any, that the Findings of Fact as stated may be deemed Conclusions of Law, they should be considered Conclusions of Law. Similarly, to the extent that matters expressed as Conclusions of Law may be deemed Findings of Fact, they should be considered Findings of Fact. The consumer operates the MECH's weapons system through various triggers and buttons on both a joystick as well as on auxiliary instrument panels throughout the cockpit. PX 96; Knutson Decl.
Each house, encompassing hundreds of different interstellar worlds, seeks to control the galaxy, known as the Inner Sphere. Scenario packs are books that describe several different battles.
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The weapons and other accessories of these des typically appear as integral to the MECH, rather than as an appendage, so they would not seem likely to be broken off in battle. This case, however, involves a serious business dispute about games and toys. PX 75; Lewis Decl.
FASA also developed rules for playing the game. Therefore, Phase IV of the trial will not be necessary and judgment is hereby entered in favor of Playmates. Loose Tr. PX A source book provides background information about the universe so that players can become more deeply involved in the fictional premise of the game. The weapons and other accessories appear to be attached to the surface of the units, rather than built into the units as integral parts. Further, his des were realistic in the sense that they were not true science "fiction" but "science projection" something that may actually develop in the future.
Mark V. Partridge, Brett A. Samuels and Donald L. Toys and games are usually welcome diversions to the serious problems that too often confront our daily lives. PX 72, 73, 73A; Lewis Decl. Knutson Declaration "Decl. The fictional premise involved the coming of the Clans, groups of strange, aggressive military forces from beyond the Periphery or outer edges of the known space.
Weisman Tr. Weisman and Babcock discussed with TCI representatives the possibility of creating a board game using the model kits as game markers.
Fasa corp. v. playmates toys, inc., f. supp. (n.d. ill. )
Loose's des include occasional diagonal venting or stripes, a checkerboard effect on missile openings, and conical ends to angular weapons. PX 37, 47; Weisman Tr. Each product contained a proper copyright notice and complied with all statutory copyright formalities.
Each product contained a proper copyright notice. Scenario packs are deed to appeal to the general reader of science fiction as well as the game player. PGX 3B.