Stern Electronics, Inc., entered a licensing agreement with Konami In dustry Co., Ltd., granting Stern exclusive rights to market the video game Scramble in the United States.
Omni Video Games, Inc., wrote a new program that duplicated the sights and sounds of Scramble. Stern sued Omni in federal court, asking for an injunction to prevent Omni from marketing its knockoff of Scramble. Omni argued that Stern could not get a copyright for the Scramble audio visual di s play because every time a player plays the game, the display is different.
The display is not fixed in a tangible medium, as required by law. Because Omni had written its own program, Stern could not stop it from marketing the duplicate Scramble games. Was Omni correct? Explain.
Stern Electronics, Inc., v. Kaufman and Omni Video Games, Inc., 669 F.2d 852 (2nd Cir.).