I just went over the copy of the full complaint posted at Patent Arcade, and it brings up some very interesting points which Activision's lawyers should be able to use against THQ's lawyers... it seems to me that THQ is just shooting itself in the foot, and they're the ones actually trying to deceive the public
notes:
FACTS COMMON TO ALL CLAIMS FOR RELIEF:
#8: There is an infinite variety of ways to depict off-road racing vehicles in action. The THQ Game's packaging art's particular depiction of off-road racing vehicles in action is original, unique, and distinctive.
(so it's conceivable that of all the infinite ways that it could be depicted, the two particular depictions in this case are simply a result of coincidence, due to the fact that both images depict off-road racing in action, and all of the infinite ways that it could be depicted would inevitably be similar in some way... hence Activision's particular depiction is just as original, unique, and distinctive as THQ's particular depiction is, and THQ's claims are moot points)
SECOND CLAIM FOR RELIEF:
#28: On October 23, 2008, THQ filed for registration of the work with the United States Copyright Office and did the things necessary to obtain such registration.
(so THQ filed to register for copyrights related to its work on the same day that they filed suit against Activision for its anticipated release of its game, and its disputed artwork, which THQ alleges is infringing on their previously UNREGISTERED copyrights, despite the fact that THQ released its artwork to the public in June 2008, and they released their game to the public on September 22, 2008... in other words, they're trying to sue Activision for being expected to release something that they feel infringes on something that THQ made available in the public domain before they attempted to copyright it... so if Activision filed to register for copyrights related to its work before THQ filed to register for copyrights related to its work, THQ will have no case against Activision, but Activision may have a case against THQ... and regardless of filing dates, both parties may just have to accept it)
so I suspect that however this case turns out, it will result in some changes in the ways that game companies release cover art, or even concept cover art, especially prior to a game's release... as it seems to me that the fact that THQ released its cover art several months before it released its game, without registering its copyrights for it first, and then they still waited a full month to register their copyrights for it after they released their game, all should result in the courts ruling that their artwork is public domain, and therefore can't be copyrighted... so if Activision is doing anything malicious, they're prolly just teaching THQ a lesson about what happens when you release stuff to the public without registering any copyrights for it before releasing it
I may be wrong about some or all of this, as I'm not a legal expert, but I'd love to see THQ get burned in this case... not because I have anything against THQ, but because I just love it when a big corporation that's supposed to know better gets screwed because they screwed up... and I love it even more when such corporations try to cover up their screwups by filing lawsuits, and subsequently get their asses handed to them in court... but of course I'd love it just as much if Activision ends up being the one that gets screwed for screwing up, even if they haven't filed any lawsuits yet... it's always fun to watch big corporations going at each other like cats & dogs in court, over stuff that the general public otherwise could care less about!
EDIT:
on second thought, FUCK THQ! I hope they lose their ass over this case, and end up going bankrupt for pursuing it... they're already in financial trouble, and now they pull a stunt like this... smells like a typical attempt to cash in on another company's success, just because they're too damn lazy and incompetent to have any successes of their own to cash in on...
THQ's game is only available for PS3 & XBOX 360, and it sells for $59.99 on both systems
Activision's game is available for PS2, PS3, XBOX 360, Wii, & PC, and it sells for $39.99 on PS3, XBOX 360, & Wii, it sells for $29.99 on PS2, and it sells for $19.99 on PC... HMMM... WTF?
so how the fuck is anyone gonna be confused about which game is which when they go to pay for it? and which company sounds more like it's more interested in making money selling games to all its potential customers, and which company sounds like it's more interested in making money by filing lawsuits and whining about people not buying its overpriced games?
Activision deserves my money for its Baja game, but THQ sure as hell doesn't! if THQ is so worried about losing money, then why the hell isn't there a PC version of their Baja game? I certainly would've bought it if there was, but there isn't, so how can I buy what they won't sell to me? they can whine about Activision's artwork all they want, but why should I care?
if THQ ends up winning this case, I hope the judge is wise enough to only award them rights to the profits on sales of the PS3 & XBOX 360 versions of Activision's game, which are the only versions in direct competition with THQ's game... and I hope he tells them that they should've released versions of their game for the PS2, Wii, & PC if they wanted the profits from Activision's sales of their game for those systems too... fuck them and their greediness!
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