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114-501: Imagic was the second third-party publisher for the Atari 2600, formed after Activision . Founders included Bill Grubb, Bob Smith, Rob Fulop , and Denis Koble from Atari, Inc. , Jim Goldberger, Dave Durran and Brian Dougherty from Mattel as well as Pat Ransil and Gary Kato. Grubb previously served as the vp of sales and marketing for Atari for 18 months. Before that, he was with the marketing department at Black and Decker for 11 years. It

228-446: A $ 20,000 salary. Out of a development staff of thirty-five, four programmers (Crane, Larry Kaplan , Alan Miller and Bob Whitehead ), had produced games that had accounted for 60% of Atari's sales. Crane, Kaplan, Miller, and Whitehead became vocal about the lack of recognition within the company and became known as the "Gang of Four". The group met with Kassar in May 1979 to demand that

342-470: A Call of Duty spin-off title fashioned after the gameplay in Dead Space . However, in early 2010, legal issues between Infinity Ward and Activision Blizzard led to several members of Infinity Ward leaving, and Activision assigned Sledgehammer to assist Infinity Ward in the next major Call of Duty title, Modern Warfare 3 . Since then, Sledgehammer, Infinity Ward, and Treyarch share development duties for

456-463: A holding company , Activision Holdings, to manage Activision and its subsidiaries more effectively. Activision changed its corporate name from "Activision, Inc." to "Activision Publishing, Inc.", while Activision Holdings took Activision's former "Activision, Inc." name. Activision Publishing became a wholly owned subsidiary of Activision, which in turn became the publicly traded company, with all outstanding shares of capital stock converted. Some of

570-499: A "bias" by confusing these monopolies with ownership of limited physical things, likening them to "property rights". Stallman advocates referring to copyrights, patents and trademarks in the singular and warns against abstracting disparate laws into a collective term. He argues that, "to avoid spreading unnecessary bias and confusion, it is best to adopt a firm policy not to speak or even think in terms of 'intellectual property'." Similarly, economists Boldrin and Levine prefer to use

684-448: A breach of civil law or criminal law, depending on the type of intellectual property involved, jurisdiction, and the nature of the action. As of 2011, trade in counterfeit copyrighted and trademarked works was a $ 600 billion industry worldwide and accounted for 5‍–‍7% of global trade. During the Russian invasion of Ukraine , IP has been a consideration in punishment of

798-507: A corporate merger, the struggling text adventure pioneer Infocom in June 1986. This acquisition was spearheaded by Levy, who was a big fan of Infocom's titles and felt the company was in a similar position as Activision. About six months after the "Infocom Wedding", Activision's board decided to replace Levy with Bruce Davis . Davis was against the purchase of Infocom from the start and was heavy-handed in its management, and even attempted to seek

912-411: A formal lawsuit against Activision to try to stop the company, claiming the four had stolen trade secrets and violated non-disclosure agreements . The lawsuit was settled by 1982, with Activision agreeing to pay royalties to Atari but otherwise legitimizing the third-party development model. Following the first round of releases, each of the founders developed their own titles, about once a year, over

1026-541: A lawsuit to recover their purchase from Infocom's shareholders. Crane also found Davis difficult to work with and was concerned with how Davis managed the closure of Imagic , one of the third-party development studios formed after Activision's success in 1981. Crane left Activision in 1986 and helped Garry Kitchen found Absolute Entertainment . In late 1986, Activision adopted the Electric Dreams brand, usually used for British software, for titles outside of English for

1140-670: A limited period of time. Supporters argue that because IP laws allow people to protect their original ideas and prevent unauthorized copying, creators derive greater individual economic benefit from the information and intellectual goods they create, and thus have more economic incentives to create them in the first place. Advocates of IP believe that these economic incentives and legal protections stimulate innovation and contribute to technological progress of certain kinds. The intangible nature of intellectual property presents difficulties when compared with traditional property like land or goods. Unlike traditional property, intellectual property

1254-402: A lower price. Balancing rights so that they are strong enough to encourage the creation of information and intellectual goods but not so strong that they prevent their wide use is the primary focus of modern intellectual property law. By exchanging limited exclusive rights for disclosure of inventions and creative works, society and the patentee/copyright owner mutually benefit, and an incentive

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1368-562: A lower price. Balancing rights so that they are strong enough to encourage the creation of intellectual goods but not so strong that they prevent the goods' wide use is the primary focus of modern intellectual property law. The Venetian Patent Statute of 19 March 1474, established by the Republic of Venice , is usually considered to be the earliest codified patent system in the world. It states that patents might be granted for "any new and ingenious device, not previously made", provided it

1482-478: A man has a natural and absolute right—and if a natural and absolute, then necessarily a perpetual, right—of property, in the ideas, of which he is the discoverer or creator; that his right of property, in ideas, is intrinsically the same as, and stands on identically the same grounds with, his right of property in material things; that no distinction, of principle, exists between the two cases". Writer Ayn Rand argued in her book Capitalism: The Unknown Ideal that

1596-837: A much smaller office space in Santa Monica at the Pen Factory (a former Paper Mate factory) from Kite Pharma , which had leased the space from Lincoln Property Company. With the acquisition of Activision Blizzard by Microsoft in October 2023, Activision Blizzard as a whole, including the Activision Publishing subdivision, became a separate division under the Microsoft Gaming arm of Microsoft. On March 8, 2024, 600 Activision QA workers in Texas, Minnesota and California unionized under

1710-506: A number of video publishers, including Activision, over concerns about lack of A.I. protections which concern not only video game actors, but also the use of A.I to replicate an actor’s voice, or create a digital replica of their likeness. In 2003, the company was awarded the Game Developers Choice "First Penguin" award in recognition of its place as the first third-party developer. Intellectual property This

1824-509: A paradigm shift". Indeed, up until the early 2000s, the global IP regime used to be dominated by high standards of protection characteristic of IP laws from Europe or the United States, with a vision that uniform application of these standards over every country and to several fields with little consideration over social, cultural or environmental values or of the national level of economic development. Morin argues that "the emerging discourse of

1938-438: A patent for five, ten or fifteen years." In Europe, French author A. Nion mentioned propriété intellectuelle in his Droits civils des auteurs, artistes et inventeurs , published in 1846. Until recently, the purpose of intellectual property law was to give as little protection as possible in order to encourage innovation . Historically, therefore, legal protection was granted only when necessary to encourage invention, and it

2052-511: A profit, Kotick led Activision to start seeking acquisitions of video game development studios, guided by market surveys to determine what areas of content to focus on. It is estimated that between 1997 and 2008, Activision made 25 acquisitions, several for undisclosed amounts. Several of these came prior to 2001, in the midst of the Dot-com bubble , enabling the company to acquire studios at a lower valuation. On June 16, 2000, Activision reorganized as

2166-469: A publicly traded company. During its height, Imagic ran a fan club for their games, the Numb Thumb Club, which published an annual newsletter. Only two issues were published before Imagic's demise in 1983. Although Imagic grew quickly in its early years, it was irreparably harmed by the video game crash of 1983 . It released 24 games before going out of business by 1986, but the exact time it disbanded

2280-410: A purchase with Davis, Kotick and additional investors bought Mediagenic in a hostile takeover for approximately $ 500,000 in 1991. This group of investors included real estate businessman Steve Wynn and Philips Electronics . Kotick became CEO of Mediagenic on its purchase and made several immediate changes: He let go of all but 8 of the companies' 150 employees, performed a full restructuring of

2394-536: A single sale. Around 2006, Kotick contacted Jean-Bernard Lévy , the new CEO of Vivendi , a French media conglomerate. Vivendi had a games division, Vivendi Games , that was struggling to be viable at the time, but its principal feature was that it owned Blizzard Entertainment and its highly successful World of Warcraft game, which was drawing in $ 1.1 billion a year in subscription fees. Vivendi Games also owned Sierra Entertainment . Lévy recognized Kotick wanted control of World of Warcraft , and offered to allow

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2508-448: A successful inroad into getting their games into China, a potentially lucrative market. Given this potential opportunity, Kotick agreed to the merger. Activision's board signed on to the merger by December 2007. The merger was completed in July 2008. The new company was called Activision Blizzard and was headed by Kotick, while Vivendi maintained a 52% share in the company. The new company

2622-410: A two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Generally speaking, it is what makes a product look appealing, and as such, it increases the commercial value of goods. Plant breeders' rights or plant variety rights are the rights to commercially use a new variety of a plant . The variety must, amongst others, be novel and distinct and for registration

2736-432: Is "indivisible", since an unlimited number of people can in theory "consume" an intellectual good without its being depleted. Additionally, investments in intellectual goods suffer from appropriation problems: Landowners can surround their land with a robust fence and hire armed guards to protect it, but producers of information or literature can usually do little to stop their first buyer from replicating it and selling it at

2850-549: Is a form of right granted by the government to an inventor or their successor-in-title, giving the owner the right to exclude others from making, using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public disclosure of the invention. An invention is a solution to a specific technological problem, which may be a product or a process, and generally has to fulfill three main requirements: it has to be new , not obvious and there needs to be an industrial applicability . To enrich

2964-601: Is a trade secret for Coca-Cola .) The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods for consumers. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time. Because they can then profit from them, this gives economic incentive for their creation. The intangible nature of intellectual property presents difficulties when compared with traditional property like land or goods. Unlike traditional property, intellectual property

3078-461: Is an accepted version of this page Intellectual property ( IP ) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents , copyrights , trademarks , and trade secrets . The modern concept of intellectual property developed in England in

3192-403: Is an active [Atari 2600] owner who doesn't have at least one Activision cartridge in his library". The company completed its public offering in June 1983 on NASDAQ under the stock ticker AVSN. The success of Activision, alongside the popularity of the Atari 2600, led to many more home consoles third-party developers as well as other home consoles. Activision produced some of its Atari games for

3306-416: Is an extension of an individual. Utilitarians believe that intellectual property stimulates social progress and pushes people to further innovation. Lockeans argue that intellectual property is justified based on deservedness and hard work. Various moral justifications for private property can be used to argue in favor of the morality of intellectual property, such as: Lysander Spooner (1855) argues "that

3420-645: Is considered similarly high in other developed nations, such as those in the European Union. In the UK, IP has become a recognised asset class for use in pension-led funding and other types of business finance. However, in 2013, the UK Intellectual Property Office stated: "There are millions of intangible business assets whose value is either not being leveraged at all, or only being leveraged inadvertently". An October 2023 study released by Americans for

3534-460: Is created for inventors and authors to create and disclose their work. Some commentators have noted that the objective of intellectual property legislators and those who support its implementation appears to be "absolute protection". "If some intellectual property is desirable because it encourages innovation, they reason, more is better. The thinking is that creators will not have sufficient incentive to invent unless they are legally entitled to capture

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3648-614: Is different from violations of other intellectual property laws, since by definition trade secrets are secret, while patents and registered copyrights and trademarks are publicly available. In the United States, trade secrets are protected under state law, and states have nearly universally adopted the Uniform Trade Secrets Act . The United States also has federal law in the form of the Economic Espionage Act of 1996 ( 18 U.S.C.   §§ 1831 – 1839 ), which makes

3762-432: Is indivisible—an unlimited number of people can "consume" an intellectual good without it being depleted. Additionally, investments in intellectual goods suffer from problems of appropriation—while a landowner can surround their land with a robust fence and hire armed guards to protect it, a producer of information or an intellectual good can usually do very little to stop their first buyer from replicating it and selling it at

3876-682: Is one of the largest third-party video game publishers in the world and was the top United States publisher in 2016. The company was founded as Activision, Inc. on October 1, 1979, in Sunnyvale, California , by former Atari game developers upset at their treatment by Atari in order to develop their own games for the popular Atari 2600 home video game console. Activision was the first independent, third-party, console video game developer. The video game crash of 1983 , in part created by too many new companies trying to follow in Activision's footsteps without

3990-653: Is the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The TRIPS Agreement sets minimum international standards for IP which every member of the World Trade Organization (WTO) must comply with. A member's non-compliance with the TRIPS Agreement may be grounds for suit under the WTO's Dispute Settlement Mechanism . Bilateral and multi-lateral agreements often establish IP requirements above

4104-448: Is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development. The Anti-Counterfeiting Trade Agreement (ACTA) states that "effective enforcement of intellectual property rights is critical to sustaining economic growth across all industries and globally". Economists estimate that two-thirds of

4218-413: Is unknown. In 1983, the company laid off 40 of their 170 employees but appeared at the 1984 Consumer Electronics Show with plans for four IBM PCjr games. The rights to Imagic's most popular titles have been owned by Activision since the late 1980s, and they have been re-released on several occasions. Imagic 2600 cartridges were distinct from both Activision and Atari cartridges with an extended ridge at

4332-470: The Amiga line of personal computers. After failing to complete purchase, the group bought a company that licensed Nintendo characters, and through Nintendo was directed to the failing Mediagenic. Kotick was drawn to buy out Mediagenic not for its current offerings but for the Activision name, given its past successes with Pitfall! , with hopes to restore Activision to its former glory. After failing to negotiate

4446-625: The Call of Duty franchise. This includes a new studio, Activision Mobile, devoted to the Call of Duty Mobile title as reported in August 2021. In 2021, while all their employees were working remotely during the COVID-19 pandemic , Activision and its parent Activision Blizzard vacated their longtime headquarters building in Santa Monica and ended their lease with Boston Properties . In September 2021, they subleased

4560-676: The Commodore 64 , Apple , and Atari 8-bit computers to avoid completely going out of business like other third-party developers. There still was a drain of talent through 1985 from the crash. Miller and Whitehead left in 1984 due to the large devaluation of their stock and went on to form Accolade . With the video game crash making console game development a risky proposition, the company focused on developing for home computers with games like Little Computer People and Hacker , while Levy tried to keep expenditures in check as they recovered. Looking to expand further, Activision acquired, through

4674-611: The Communication Workers of America (CWA), marking it as the largest union in the United States video game industry . On May 16, 2024, Activision announced the establishment of Warsaw -based studio Elsewhere Entertainment, assembled for the development of a new narrative-based AAA IP not associated with other Activision series like Call of Duty . The studio comprises various developers associated with other narrative-driven gaming franchises such as The Last of Us , Uncharted , The Witcher and Far Cry among others; at

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4788-461: The Intellivision and ColecoVision consoles, among other platforms. However, several new third-party developers also arose, attempting to follow the approach Activision had used but without the experience they had; according to Crane, several of these companies were founded with venture capital and hired programmers with little game design experience off the street, mass-publishing whatever product

4902-583: The fair use and fair dealing doctrine. Trademark infringement occurs when one party uses a trademark that is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services of the other party. In many countries, a trademark receives protection without registration, but registering a trademark provides legal advantages for enforcement. Infringement can be addressed by civil litigation and, in several jurisdictions, under criminal law. Trade secret misappropriation

5016-507: The 1760s and 1770s over the extent to which authors and publishers of works also had rights deriving from the common law of property ( Millar v Taylor (1769), Hinton v Donaldson (1773), Donaldson v Becket (1774)). The first known use of the term intellectual property dates to this time, when a piece published in the Monthly Review in 1769 used the phrase. The first clear example of modern usage goes back as early as 1808, when it

5130-519: The 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems . Supporters of intellectual property laws often describe their main purpose as encouraging the creation of a wide variety of intellectual goods. To achieve this, the law gives people and businesses property rights to certain information and intellectual goods they create, usually for

5244-585: The 1990s and 2000s, among these being the Call of Duty and Guitar Hero series. A holding company was formed as Activision's parent company to manage both its internal and acquired studios. In 2008, this holding company merged with Vivendi Games (the parent company of Blizzard Entertainment ) and formed Activision Blizzard, with Kotick as its CEO. Within this structure, Activision manages numerous third-party studios and publishes all games besides those created by Blizzard. In October 2023, Microsoft acquired parent company Activision Blizzard, maintaining that

5358-646: The American market. In 1988, Activision began involvement in software besides video games, such as business applications. As a result, Activision changed its corporate name to Mediagenic to better represent all of its activities. Mediagenic consisted of four groups: In 1989, after several years of losses, Activision closed down the Infocom studios, extending to only 11 of the 26 employees an offer to relocate to Activision's Silicon Valley headquarters. Five of them accepted this offer. Notably during this time, Mediagenic

5472-609: The Arts (AFTA) found that "nonprofit arts and culture organizations and their audiences generated $ 151.7 billion in economic activity—$ 73.3 billion in spending by the organizations, which leveraged an additional $ 78.4 billion in event-related spending by their audiences." This spending supported 2.6 million jobs and generated $ 29.1 billion in local, state and federal tax revenue." 224,000 audience members and over 16,000 organizations in all 50 states and Puerto Rico were surveyed over an 18-month period to collect

5586-449: The EU, and which has not entered into force, requires that its parties add criminal penalties, including incarceration and fines, for copyright and trademark infringement, and obligated the parties to actively police for infringement. There are limitations and exceptions to copyright , allowing limited use of copyrighted works, which does not constitute infringement. Examples of such doctrines are

5700-504: The US), supplementary protection certificates for pharmaceutical products (after expiry of a patent protecting them), and database rights (in European law ). The term "industrial property" is sometimes used to refer to a large subset of intellectual property rights including patents, trademarks, industrial designs, utility models, service marks, trade names, and geographical indications. A patent

5814-460: The United States) but several jurisdictions incorporate infringement in criminal law also (for example, Argentina, China, France, Japan, Russia, South Korea). Copyright infringement is reproducing, distributing, displaying or performing a work , or to make derivative works , without permission from the copyright holder, which is typically a publisher or other business representing or assigned by

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5928-417: The aggressor through trade sanctions, has been proposed as a method to prevent future wars of aggression involving nuclear weapons , and has caused concern about stifling innovation by keeping patent information secret. Patent infringement typically is caused by using or selling a patented invention without permission from the patent holder, i.e. from the patent owner. The scope of the patented invention or

6042-545: The back cover. Instruction manuals for games devoted at least one page to credit the developer. Additionally, for nearly all of Activision's games through 1983, the instruction manuals included instructions for sending the company a photograph of a player's high scores to receive a patch in return. Ahead of the release of the first four games, Activision obtained space at the mid-year 1980 Consumer Electronics Show to showcase their titles, and quickly obtained favorable press. The attention afforded to Activision worried Atari, as

6156-428: The body of knowledge and to stimulate innovation, it is an obligation for patent owners to disclose valuable information about their inventions to the public. A copyright gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". Copyright does not cover ideas and information themselves, only

6270-544: The companies to merge, but only if Lévy held the majority shares in the merged group, forcing Kotick to cede control. Kotick fretted about this decision for a while, according to friends and investors. During this time in 2006–2007, some of Activision's former successful properties began to wane, such as Tony Hawk's , so Activision bought RedOctane , the publisher of the Guitar Hero franchise. Kotick met with Blizzard's president Mike Morhaime , and learned that Blizzard also had

6384-630: The company develop a sequel, Return to Zork . Combined, these steps allowed Mediagenic to fulfill on the bankruptcy plan, and by the end of 1992, Kotick renamed Mediagenic to the original Activision name. The new Activision went public in October 1993, raising about $ 40 million , and was listed on NASDAQ under its new ticker symbol ATVI . By 1995, Kotick's approach had met one promise he made to investors: that he would give them four years of 50% growth in revenues while remaining break-even. Reaching this goal, Kotick then set Activision on his second promise to investors, to develop high-demand games and make

6498-733: The company profitable by 1997. Activision published the first-person perspective MechWarrior in 1989, based on FASA 's pen-and-paper game BattleTech . A sequel, MechWarrior 2 , was released in 1995 after two years of delays and internal struggles, prompting FASA not to renew their licensing deal with Activision. To counter, Activision released several more games bearing the MechWarrior 2 name, which did not violate their licensing agreement. These included NetMech , MechWarrior 2: Ghost Bear's Legacy , and MechWarrior 2: Mercenaries . The entire MechWarrior 2 game series accounted for more than US$ 70 million in sales. Activision procured

6612-463: The company to its distributors as to keep them vested in the company's success; this included convincing Philips Electronics , Magnavox's parent company, to convert their legal debt into stock in Activision. Kotick also had the company reissue several of its past console and Infocom titles as compilations for personal computers. Kotick had also recognized the value of the Zork property from Infocom, and had

6726-426: The company treat developers as record labels treated musicians, with royalties and their names on game boxes. Kaplan, who called the others "the best designers for the [2600] in the world", recalled that Kassar called the four men "towel designers" and claimed that "anybody can do a cartridge". The four made the decision to soon leave Atari and start their own business, but were not sure how to go about it. In 1979,

6840-593: The company was bought for around US$ 500,000 by Bobby Kotick and a small group of investors around 1991. Kotick drastically revamped and restructured the company to get it out of debt: dismissing most of its staff, moving the company to Los Angeles, and reverting to the Activision name. Building on existing assets, the Kotick-led Activision pursued more publishing opportunities and, after recovering from its former financial troubles, started acquiring numerous studios and various types of intellectual property over

6954-522: The company will continue to operate as a separate business. While part of the larger Microsoft Gaming division, Activision retains its function as the publisher of games developed by their studios. In 1976, Warner Communications bought Atari, Inc. from Nolan Bushnell to help accelerate the Atari Video Computer System (Atari VCS or later the Atari 2600) to market by 1977. That same year, Atari began hiring programmers to create games for

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7068-474: The company, developed a bankruptcy restructuring plan, and reincorporated the company in Los Angeles, California. In the bankruptcy plan, Kotick recognized that Mediagenic still had valuable assets, which included the Infocom library as well as its authoring tools to make games, Activision's distribution network, and licenses to develop on Nintendo and Sega home consoles. Kotick offset some debt by giving stock in

7182-406: The concept of third-party developers did not exist, as software for video game consoles were published exclusively by makers of the systems for which the games were designed; thus the common thinking was that to make console games, one needed to make a console first. The four decided to create their own independent game development company. They were directed by their attorney to Jim Levy , who

7296-590: The controversy, the agreement has extensively incorporated intellectual property rights into the global trading system for the first time in 1995, and has prevailed as the most comprehensive agreement reached by the world. Intellectual property rights include patents , copyright , industrial design rights , trademarks , plant variety rights , trade dress , geographical indications , and in some jurisdictions trade secrets . There are also more specialized or derived varieties of sui generis exclusive rights, such as circuit design rights (called mask work rights in

7410-444: The data. The WIPO treaty and several related international agreements underline that the protection of intellectual property rights is essential to maintaining economic growth. The WIPO Intellectual Property Handbook gives two reasons for intellectual property laws: One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second

7524-491: The design of a building) that signify the source of the product to consumers. A trade secret is a formula , practice, process, design , instrument, pattern , or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors and customers. There is no formal government protection granted; each business must take measures to guard its own trade secrets (e.g., Formula of its soft drinks

7638-415: The developers had made. This was a contributing factor to the video game crash of 1983 . For Activision, while they survived the crash, they felt its effects in the following years. These third-party developers folded, leaving warehouses full of unsold games, which savvy retailers purchased and sold at a mass discount ( $ 5 compared to Activision's $ 40 manufacturer's suggested retail price ). While there

7752-470: The development of the Amiga personal computer as he wanted to be more involved in hardware development. Total sales for Activision were estimated at $ 157 million and revenues at $ 60 million ahead of its June 1983 initial public offering ; at this point Activision had around 60 employees. Danny Goodman stated in Creative Computing Video & Arcade Games in 1983, "I doubt that there

7866-520: The end of Elizabeth's reign, however, a patent represents a legal right obtained by an inventor providing for exclusive control over the production and sale of his mechanical or scientific invention. demonstrating the evolution of patents from royal prerogative to common-law doctrine. The term can be found used in an October 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. v. Brown , in which Justice Charles L. Woodbury wrote that "only in this way can we protect intellectual property,

7980-414: The evaluation of propagating material of the variety is considered. A trademark is a recognizable sign , design or expression that distinguishes a particular trader's products or services from similar products or services of other traders. Trade dress is a legal term of art that generally refers to characteristics of the visual and aesthetic appearance of a product or its packaging (or even

8094-501: The exclusive right to their respective writings and discoveries. ' " "Some commentators, such as David Levine and Michele Boldrin , dispute this justification. In 2013, the United States Patent and Trademark Office approximated that the worth of intellectual property to the U.S. economy is more than US$ 5 trillion and creates employment for an estimated 18 million American people. The value of intellectual property

8208-400: The experience of Activision's founders, hurt Activision's position in console games and forced the company to diversify into games for home computers, including the acquisition of Infocom . After a management shift, with CEO Jim Levy replaced by Bruce Davis , the company renamed itself to Mediagenic and branched out into business software applications. Mediagenic quickly fell into debt, and

8322-468: The extent of protection is defined in the claims of the granted patent. There is safe harbor in many jurisdictions to use a patented invention for research. This safe harbor does not exist in the US unless the research is done for purely philosophical purposes, or to gather data to prepare an application for regulatory approval of a drug. In general, patent infringement cases are handled under civil law (e.g., in

8436-402: The first few years of the company. While their 1980 games were modest hits, one of the company's first successful games was Kaboom! , released in 1981, which was Activision's first game to sell over a million units. Activision's breakout title was 1982's Pitfall! , created by Crane. More than four million copies of the game were sold. Near the end of 1982, Kaplan left Activision to work on

8550-404: The first major game distributed in this format. Davis' management of Mediagenic failed to produce a profitable company; in 1991, Mediagenic reported a loss of $ 26.8 million on only $ 28.8 million of revenue and had over $ 60 million in debt. This debt included a $ 6 million penalty against Mediagenic in May 1990 after losing patent infringement lawsuits filed against it by Magnavox over

8664-401: The flagship series, with support from Raven and other studios as necessary. In February 2010, Activision Blizzard reported significant losses in revenue stemming from a slow down in Guitar Hero sales and from its more casual games. Subsequently, Activision Publishing shuttered Red Octane, Luxoflux and Underground Development as well as laid off about 25% of the staff at Neversoft. Within

8778-429: The form or manner in which they are expressed. An industrial design right (sometimes called "design right" or design patent ) protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be

8892-402: The four's departure had already created a major dent in their development staff. Atari initially tried to tarnish Activision's reputation by using industry press at CES to label those that took trade secrets as "evil, terrible people", according to Crane, and then later threatened to refuse to sell Atari games to retailers that also carried these Activision titles. By the end of 1980, Atari filed

9006-742: The full social value of their inventions". This absolute protection or full value view treats intellectual property as another type of "real" property, typically adopting its law and rhetoric. Other recent developments in intellectual property law, such as the America Invents Act , stress international harmonization. Recently there has also been much debate over the desirability of using intellectual property rights to protect cultural heritage, including intangible ones, as well as over risks of commodification derived from this possibility. The issue still remains open in legal scholarship. These exclusive rights allow intellectual property owners to benefit from

9120-430: The game mostly unfinished. Katz and Sega were forced to take the incomplete game to Electronic Arts , which had been developing its own John Madden Football series for personal computers, to complete the game. During this period Mediagenic, via Activision, secured the rights to distribute games from Cyan Worlds . The first game published by Activision from Cyan was The Manhole , on CD-ROM for personal computers,

9234-680: The global IP regime advocates for greater policy flexibility and greater access to knowledge, especially for developing countries." Indeed, with the Development Agenda adopted by WIPO in 2007, a set of 45 recommendations to adjust WIPO's activities to the specific needs of developing countries and aim to reduce distortions especially on issues such as patients' access to medicines, Internet users' access to information, farmers' access to seeds, programmers' access to source codes or students' access to scientific articles. However, this paradigm shift has not yet manifested itself in concrete legal reforms at

9348-523: The international level. Similarly, it is based on these background that the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement requires members of the WTO to set minimum standards of legal protection, but its objective to have a "one-fits-all" protection law on Intellectual Property has been viewed with controversies regarding differences in the development level of countries. Despite

9462-409: The key acquisitions and investments made by Activision in this period include: While Activision was highly successful with its range of developers and successful series, Kotick was concerned that they did not have a title for the growing massively multiplayer online market, which presented the opportunity for continued revenues from subscription models and microtransactions instead of the revenue from

9576-456: The labors of the mind, productions and interests are as much a man's own ... as the wheat he cultivates, or the flocks he rears." The statement that "discoveries are ... property" goes back earlier. Section 1 of the French law of 1791 stated, "All new discoveries are the property of the author; to assure the inventor the property and temporary enjoyment of his discovery, there shall be delivered to him

9690-446: The latter half of 1979, each programmer developing their own game that was planned for release in mid-1980: Dragster , Fishing Derby , Checkers , and Boxing . The four's knowledge of the Atari 2600, as well as software tricks for the system, helped them make their own games visually distinct from Atari-produced games. To further distinguish themselves, Activision's boxes were brightly colored and featured an in-game screenshot on

9804-459: The license to another pen-and-paper-based war game , Heavy Gear , in 1997. The video game version was well received by critics, with an 81.46% average rating on GameRankings and being considered the best game of the genre at the time by GameSpot . The Mechwarrior 2 engine was also used in other Activision games, including 1997's Interstate '76 and 1998's Battlezone . With several of its own successfully developed games helping to turn

9918-414: The monetary Christmas bonus he had expected. Atari sued Imagic over Demon Attack because of its resemblance to Phoenix , to which Atari had the exclusive home-version rights. The case was settled out of court. Despite initial success and sales greater than projections, the company's fortunes reversed after the stock market dumped videogame stocks in late 1982, scuttling Imagic's initial plan to become

10032-449: The principle of Hasagat Ge'vul (unfair encroachment) was used to justify limited-term publisher (but not author) copyright in the 16th century. In 500 BCE, the government of the Greek state of Sybaris offered one year's patent "to all who should discover any new refinement in luxury". According to Jean-Frédéric Morin, "the global intellectual property regime is currently in the midst of

10146-652: The property they have created, providing a financial incentive for the creation of an investment in intellectual property, and, in case of patents, pay associated research and development costs. In the United States Article ;I Section 8 Clause 8 of the Constitution, commonly called the Patent and Copyright Clause, reads; "The Congress shall have power 'To promote the progress of science and useful arts, by securing for limited times to authors and inventors

10260-583: The protection of intellectual property is essentially a moral issue. The belief is that the human mind itself is the source of wealth and survival and that all property at its base is intellectual property. To violate intellectual property is therefore no different morally than violating other property rights which compromises the very processes of survival and therefore constitutes an immoral act. Violation of intellectual property rights, called "infringement" with respect to patents, copyright, and trademarks, and "misappropriation" with respect to trade secrets, may be

10374-656: The requirements of the TRIPS Agreement. Criticism of the term intellectual property ranges from discussing its vagueness and abstract overreach to direct contention to the semantic validity of using words like property and rights in fashions that contradict practice and law. Many detractors think this term specially serves the doctrinal agenda of parties opposing reform in the public interest or otherwise abusing related legislations, and that it disallows intelligent discussion about specific and often unrelated aspects of copyright, patents, trademarks, etc. Free Software Foundation founder Richard Stallman argues that, although

10488-608: The same year, Activision shuttered Budcat Creations in November 2010, and Bizarre Creations in February 2011. Hirshberg left the CEO position in March 2018. Into the 2020s, Activision put more focus on the Call of Duty franchise, including the release of the free-to-play Call of Duty: Warzone in 2020. By April 2021, the company had assigned all of its internal studios to work on some part of

10602-450: The similarities of Activition's games to Magnavox's patents. Cyan severed their contract with Activision, and turned to Broderbund for publishing, including what would become one of the most significant computer games of the 1990s, Myst . Bobby Kotick had become interested in the value of the video game industry following the crash, and he and three other investors worked to buy Commodore International in an effort to gain access to

10716-505: The starting business plan; he came back later to join Activision that December. Activision was formally founded on October 1, 1979, with Levy serving as CEO. The company was initially named "Computer Arts, Inc." while they considered a better title. The founders had thought of the name VSync, Inc., but feared that the public would not understand or know how to say it. Levy suggested combining "active" and "television" to come up with Activision. Activision began working out of Crane's garage in

10830-703: The strengthening of the IP system and subsequent economic growth." According to Article 27 of the Universal Declaration of Human Rights , "everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author". Although the relationship between intellectual property and human rights is complex, there are moral arguments for intellectual property. The arguments that justify intellectual property fall into three major categories. Personality theorists believe intellectual property

10944-538: The system. Prior to Warner's acquisition, the company did not award bonus pay to programmers who worked on profitable games, nor credit the programmers publicly, to prevent them from being recruited by rival game companies. Warner Communication's management style was also different from Bushnell's. According to developer John Dunn , Warner management treated developers as engineers rather than creative staff, creating conflicts with staff. Atari's CEO Ray Kassar , named to that position following Warner's acquisition in 1978,

11058-462: The term intellectual property is in wide use, it should be rejected altogether, because it "systematically distorts and confuses these issues, and its use was and is promoted by those who gain from this confusion". He claims that the term "operates as a catch-all to lump together disparate laws [which] originated separately, evolved differently, cover different activities, have different rules, and raise different public policy issues" and that it creates

11172-661: The term intellectual property in their new combined title, the United International Bureaux for the Protection of Intellectual Property . The organization subsequently relocated to Geneva in 1960 and was succeeded in 1967 with the establishment of the World Intellectual Property Organization (WIPO) by treaty as an agency of the United Nations . According to legal scholar Mark Lemley , it

11286-403: The theft or misappropriation of a trade secret a federal crime. This law contains two provisions criminalizing two sorts of activity. The first, 18 U.S.C.   § 1831(a) , criminalizes the theft of trade secrets to benefit foreign powers. The second, 18 U.S.C.   § 1832 , criminalizes their theft for commercial or economic purposes. (The statutory penalties are different for

11400-501: The time of announcement they were recruiting more staff to create a " state-of-the-art and next-generation gaming experience", as well as a franchise with "an enduring legacy that goes far beyond games." In July 2024, the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) actor labor union, which provides numerous video game voice actors, would initiate a labor strike against

11514-543: The top of the cart. Packaging was distinctive due to the use of reflective silver on the boxes, with a tapered, ridged end intended for an easy grip. The years are for the original versions only, not subsequent ports. Activision Activision Publishing, Inc. is an American video game publisher based in Santa Monica, California . It serves as the publishing business for its parent company, Activision Blizzard , and consists of several subsidiary studios. Activision

11628-431: The two offenses.) In Commonwealth common law jurisdictions, confidentiality and trade secrets are regarded as an equitable right rather than a property right but penalties for theft are roughly the same as in the United States. The international governance of IP involves multiple overlapping institutions and forums. There is no overall rule-making body. One of the most important aspects of global IP governance

11742-527: The value of large businesses in the United States can be traced to intangible assets. "IP-intensive industries" are estimated to generate 72% more value added (price minus material cost) per employee than "non-IP-intensive industries". A joint research project of the WIPO and the United Nations University measuring the impact of IP systems on six Asian countries found "a positive correlation between

11856-400: The work's creator. It is often called "piracy". In the United States, while copyright is created the instant a work is fixed, generally the copyright holder can only get money damages if the owner registers the copyright. Enforcement of copyright is generally the responsibility of the copyright holder. The ACTA trade agreement , signed in May 2011 by the United States, Japan, Switzerland, and

11970-468: Was Grubb's goal to take Imagic public and to eventually overtake Activision as the number one third-party video game publisher. Fulop, meanwhile, was previously a programmer at Atari, and claimed in a 2019 interview with Paleotronic Magazine that he left the company in favor of Imagic after being paid for developing the Atari 2600 port of Missile Command with a Safeway coupon for a free turkey rather than

12084-628: Was at the time raising venture capital to get into the software business for early home computers. Levy listened to their plans, agreed with its direction, and helped the four to secure about $ 1 million in capital from Sutter Hill Ventures . They also checked with legal counsel on their plans to develop games for the Atari VCS, and included litigation fees in their capital investment. By August, Crane and Miller had left Atari, with Whitehead joining them shortly after. Kaplan had also quit Atari in August, but initially decided not to join as he did not like

12198-408: Was committed to keeping production costs minimal for Warner, according to David Crane , one of Atari's programmers . In early 1979, Atari's marketing department circulated a memo listing the best-selling cartridges from the previous year to help guide game ideas. Crane noted that the games he was fully responsible for had brought in over $ 20 million for the company but he was still only receiving

12312-632: Was estimated to be worth US$ 18.9 billion , ahead of Electronic Arts , which was valued at US$ 14.1 billion . Activision Publishing remains a subsidiary of Activision Blizzard following the merger, and is responsible for developing, producing, and distributing games from its internal and subsidiary studios. Eric Hirshberg was announced as Activision Publishing's CEO in 2010. Activision Publishing established Sledgehammer Games in November 2009. Formed earlier in 2009 by Glen Schofield and Michael Condrey , former Visceral Games leads that had worked on Dead Space , Sledgehammer intended to develop

12426-411: Was known to have worked on the early version of a football game that would be the basis for Joe Montana Football . Sega of America's Michael Katz had been able to get Sega to pay Mediagenic around early 1990 to develop this into the branded version after securing the rights to Joe Montana 's name, but was unaware of internal troubles that had been going on within the company, which had left the state of

12540-448: Was limited in time and scope. This is mainly as a result of knowledge being traditionally viewed as a public good, in order to allow its extensive dissemination and improvement. The concept's origin can potentially be traced back further. Jewish law includes several considerations whose effects are similar to those of modern intellectual property laws, though the notion of intellectual creations as property does not seem to exist—notably

12654-514: Was only at this point that the term really began to be used in the United States (which had not been a party to the Berne Convention), and it did not enter popular usage there until passage of the Bayh–Dole Act in 1980. The history of patents does not begin with inventions, but rather with royal grants by Queen Elizabeth I (1558–1603) for monopoly privileges. Approximately 200 years after

12768-468: Was still a demand for Activision games, uneducated consumers were more drawn to the heavily discounted titles instead, reducing their income. Their quarterly revenue dropped from $ 50 million in mid-1983 to about $ 6–7 million by the end of 1984, according to Levy, and they were forced to lay off staff, going from about 400 employees to 95 in that period. Because of this, Activision decided that they needed to diversify their games onto home computers such as

12882-696: Was used as a heading title in a collection of essays. The German equivalent was used with the founding of the North German Confederation whose constitution granted legislative power over the protection of intellectual property ( Schutz des geistigen Eigentums ) to the confederation. When the administrative secretariats established by the Paris Convention (1883) and the Berne Convention (1886) merged in 1893, they located in Berne, and also adopted

12996-511: Was useful. By and large, these principles still remain the basic principles of current patent laws. The Statute of Monopolies (1624) and the British Statute of Anne (1710) are seen as the origins of the current patent law and copyright respectively, firmly establishing the concept of intellectual property. "Literary property" was the term predominantly used in the British legal debates of

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