“Obviously, this is not a secret history, but that being said, it was a pretty unknown history.”
and program called the 10NES to enforce this policy. At the same time, Atari Games was attempting to reverse engineer the lock-out chip to circumvent it, but initially failed and agreed to Nintendo’s terms.. And this effort, according to Pink, included a lawsuit against itself. “So what [Atari] did—which is not in the movie, but it’s true—is they hired a law firm, I believe it was in Virginia, to sue them. Not Nintendo—to sue Atari, for patent infringement.
to hand over a copy of the 10NES program. The only way for a company to defend itself against patent infringement claims, after all, is to see the patent in question and compare its product to it. Instead, Atari Games used the information it gained from the Copyright Office to build the Rabbit, a replica chip that could fool Nintendo’s lock-out and allow Tengen to manufacture its own cartridges at a reduced cost. in 1989. Separately, it sued Tengen over the rights to the console version of’ global distribution rights was convoluted and high-stakes. The case over the lock-out chip, understandably, gets only a passing mention in the film.
“We didn’t have time to explain it,” Pink says. “When Henk came back with video game rights, not only [does Tengen] not have rights to, they also got fucked that way.” In a film that’s already overloaded with the intricacies of copyright law , it’s simply not feasible to add 20 extra pages about patents.
It would be easy with a story like this to get lost in the weeds, but focusing on the relationship between Pajitnov and Rogers helped keep the focus tight. “That was kind of the North Star for me,” Pink said. “And to know that they are still friends today was really like, ‘OK, there’s a story here to tell.”
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