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ATARI GAMES CORP. v. OMAN

No. 88-5296.

888 F.2d 878 (1989)

ATARI GAMES CORPORATION, Appellant, v. Ralph OMAN, Register of Copyrights.

United States Court of Appeals, District of Columbia Circuit.

Decided October 31, 1989.

Attorney(s) appearing for the Case

A. Sidney Katz, with whom James P. White and Laurie A. Haynie, Chicago, Ill., were on the brief, for appellant.

Nathan Dodell, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John D. Bates, R. Craig Lawrence, Asst. U.S. Attys., Dorothy Schrader, General Counsel, and William Roberts, Washington, D.C., Atty., Copyright Office, were on the brief, for appellee.

Before RUTH BADER GINSBURG, SILBERMAN and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

Opinion concurring in the judgment filed by Circuit Judge SILBERMAN.

RUTH BADER GINSBURG, Circuit Judge:

By letter dated December 7, 1987, the Copyright Office reported its final action refusing to register a claim to copyright in the video game BREAKOUT, an audiovisual work created in 1975 by Atari, Inc., the predecessor of plaintiff-appellant Atari Games Corporation (Atari). The December...

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