Atari Suing Nestle for Breakout Game Kit Kat Ad

Discussion in 'HardForum Tech News' started by monkeymagick, Aug 18, 2017.

  1. monkeymagick

    monkeymagick [H]News

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    Nestle is facing a lawsuit filed by Atari accusing the company of copying Breakout in one of its ads. The suit claims that the chocolate maker is infringing on its copyright by exploiting the nostalgia factor of mostly Baby Boomers and Gen Xers. The advert aired last year on UK TV, which had the Breakout blocks replaced with Kit Kat bars -- yes, I know ingenuous idea.

    Created as a successor to "Pong" by Steve Wozniak with help from Apple co-founder Steve Jobs, "Breakout" requires a player to knock down rows of colored bricks with a paddle
     
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  2. blkt

    blkt Gawd

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    Hershey's did this with the Reese's Pieces Peanut Butter Cup (Pac-Man) but I am sure they got permission. The commercial even uses the melody.
     
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  3. monkeymagick

    monkeymagick [H]News

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    Now, I'll have the Pac-Man melody in my head all night.

    do-do-da-do-do do-duh-do
     
  4. Azphira

    Azphira [H]ard|Gawd

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    Because I might accidentally try to play the commercial instead of their game.

    If Atari thinks it's customers are this stupid, maybe they should be too stupid to buy the new console when it comes out. Buy $400 in Kit Kats instead.

    If only Atari cared as much about Alone in the Dark The New Nightmare having a white screen, Alone in the dark 2008 crashing when starting a new game and Alone in the Dark: Illumination having a mostly negative rating.
     
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  5. Ultima99

    Ultima99 [H]ardness Supreme

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    Litigation is easier than hard work!
     
  6. dkarn45

    dkarn45 n00b

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    Atari stopped Jeff Minter's wonderful work on TxK & T2K and that move made me disgust them.
    This is just more similar crap from Atari that validates and justifies my continuing disgust with them.
     
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  7. iamjanco

    iamjanco Limp Gawd

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    ...and a long, long time ago, in a galaxy far, far away, long before I purchased that first 66MHz Pentium 1 Packard Bell back in '94, I played the hell out of breakout (in between fending off a nasty-looking troll, brandishing a bloody axe). On a Commodore 64, at that (remember cassettes?).
     
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  8. MaZa

    MaZa 2[H]4U

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    There has been a million Breakout clones through the gaming history and I'm willing to bet that not even half of them had any permissions from Atari. I think it is safe to say Atari has lost this copyright except for the title Breakout itself.
     
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  9. dreadcthulhu

    dreadcthulhu [H]Lite

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    Unlike trademarks, a person/company can't lose a copyright due to lack of previous enforcement, MaZa. Atari has a good legal case here. That said, I do think the biggest problem with copyrights are that they last too long. Patents are only 20 years long, and we still get plenty new things being invented. It seems silly to me that video games, TV shows, and movies get a longer protection time than life saving drugs, new crop varieties, better engines, and so on.
     
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  10. lostinseganet

    lostinseganet [H]ard|Gawd

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    They should have tried to get some support for their new console they released....Well they could say they had some third party support....some :p
     
  11. Spaceninja

    Spaceninja [H]ard|Gawd

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    A new Atari console? What kind of shenanigans is this?
     
  12. JokerCPoC

    JokerCPoC Gawd

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    Yep, before Apple existed, Atari was there first. Wozniak and Jobs were Atari employees back then.
     
  13. JokerCPoC

    JokerCPoC Gawd

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    That's cause those million were not on TV making money for another company.
     
  14. Azphira

    Azphira [H]ard|Gawd

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    "Atari, SA (ASA) is an international French holding company headquartered in Paris" EU, that explains the litigation.
     
  15. JokerCPoC

    JokerCPoC Gawd

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    Yeah I remember cassette drives and programs on cassette, I typed quite a few in from almost everyones favorite magazine back then, COMPUTE, I'd have to type CLOAD(I don't remember how to save the games, but I could look that up, its been a long time since 1980), then press the play button on the 410 cassette drive, but then I had a modded Atari 400 w/48K ram and a real keyboard, the ancestor of all modern PCs, why?

    Cause it had a chipset, just like PCs do today.
     
  16. Skillz

    Skillz [H]ard DCOTY 2017

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    It'll be similar to the NES Classic, but based off the Atari 2600 and it's games.
     
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  17. Nytegard

    Nytegard 2[H]4U

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    The article mentions Jobs & Wozniak, but Breakout wasn't their idea. Nor did Wozniak and Jobs create it. Wozniak did work on it, but they ended up discarding his work.
     
  18. Spaceninja

    Spaceninja [H]ard|Gawd

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    Don't those already exist and everyone who wants one has one?
     
  19. MrTroy03

    MrTroy03 Limp Gawd

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    That's not the issue, it's that Kit Kat is using Atari's property to make money, they are capitalizing on Atari's property and popularity to advertise their product. If they want to use an Atari property to increase sales of Kit Kats, they would need to contact Atari and come to an agreement ($$$) for the usage.
     
    Last edited: Aug 19, 2017
  20. Zarathustra[H]

    Zarathustra[H] Official Forum Curmudgeon

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    How long does this sort of copyright last?

    Breakout is 41 years old this year, and there have been several remakes of the game over the years, Arkanoid and Arkanoid 2 probably being the best I've played, and the first of those came out 30 years ago now.

    Did they get a license from Atari for that?
     
  21. Nytegard

    Nytegard 2[H]4U

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    For this type of work, a copyright would last 95 years.
     
  22. Master_shake_

    Master_shake_ [H]ardForum Junkie

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    what if nestle just bought atari and set fire to their assets?

    they could use their bottled water money.
     
  23. DrLobotomy

    DrLobotomy [H]ardness Supreme

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    Nestle should tell Atari they are Coleco flavored Kit Kats.
     
  24. iamjanco

    iamjanco Limp Gawd

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    Wow, I had totally forgotten about the code you used to be able to type in manually. Neat stuff.
     
  25. Zarathustra[H]

    Zarathustra[H] Official Forum Curmudgeon

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    Press play on tape

    IMG_20170820_004907.jpg
     
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  26. CharonPDX

    CharonPDX Gawd

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    Wasn't this settled *DECADES* ago with other Breakout clones in the early '80s?

    They can't exactly copy it, but work-alikes should be 100% legal.
     
  27. Nytegard

    Nytegard 2[H]4U

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    Yeah, but according to Wikipedia:
    Now, you'd have to get a lawyer for this. From my interpretation, which could be entirely wrong, I'm guessing it would be legal to have a game which plays similarly (thus, can't copyright a genre), but illegal if you made a game like Super Mario Bros, even if you coded it from scratch, which had the same exact layout and gameplay, but just different art and music.
     
  28. raz-0

    raz-0 [H]ardness Supreme

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    What are they going to sue on, look and feel? At least in the US this would fail miserably as a common sensible person couldn't tell you which of a jillion block breaker games it is looking like.
     
  29. lostinseganet

    lostinseganet [H]ard|Gawd

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    Yeppers that's the one I was referring to. :)