Volume V

Issue : 14: September 13, 2007

• U.S. Judge Orders Shut Down of Website Selling Tax Evasion Advice
• BC Court Upholds Non competition Privacy and Software Use Restrictions in Franchise Agreement
• US Judge Dismisses Action for Invasion of Privacy in Data Breach Incident
• Standard for Wilful Infringement in Patent Suits Raised
• NBC Strikes Deal with Amazon to Sell TV Shows Online
• Ontario Court Orders Removal of Clients Negative Comments Against his Former Law Firm on YouTube
• Study Finds Facebook Users Willing to Share Personal Information with Complete Strangers
• RIM Wins Preliminary Copyright Fight with Atari
• LOreal Sues eBay Over Counterfeit Sales

Home > Volume V > Issue 14: September 13, 2007 > RIM Wins Preliminary Copyright Fight with Atari

RIM Wins Preliminary Copyright Fight with Atari

Research in Motion (RIM), the producer of the ubiquitous Blackberry, has won an initial skirmish in a copyright dispute with Atari. Atari has suggested that two RIM games for the Blackberry (“BrickBreaker” and “Meteor Crusher”) infringe Atari’s copyright in its “Breakout” and “Asteroids” games, and indicated that Atari was considering suing RIM.

RIM took the initiative and started an action in the Ontario Superior Court of Justice seeking a declaration that its games did not infringe Atari’s copyright under Canadian or US law.

Atari attempted to strike RIM’s action on the following grounds: (1) RIM’s statement of claim did not disclose a reasonable cause of action, and/or the Ontario court did not have jurisdiction to make the declaration of non-infringement; and (2) Ontario was not the proper forum for deciding the issue of infringement under US copyright law.

The Ontario court dismissed Atari’s motion for the following reasons:

• Reasonable Cause of Action: Atari argued that because the Copyright Act does not allow for a declaration of non-infringement, RIM could not seek such a declaration. The motions judge noted that the Supreme Court of Canada had given such a declaration in its CCH Canada Ltd. v. Law Society of Upper Canada decision, and held that since the Copyright Act did not specifically limit the ability to make declarations, doing so was within the court’s inherent jurisdiction.
• Jurisdiction: Atari argued that Ontario was not the best forum for the portion of RIM’s claim concerning US law. The motions judge found that RIM’s case had a real and substantial connection to Ontario (both parties do business in Ontario, Atari distributes its games in Ontario, Atari claims to hold copyright in Ontario, and Atari knew that RIM was headquartered in Ontario). This claim failed as well.

It is not yet clear whether RIM will get the declaration of non-infringement it seeks, but through this decision it has become clear that such a declaration is available to RIM.

For additional information, visit:

http://www.canlii.org/en/on/onsc/doc/2007/2007canlii33987/2007canlii33987.html