Nintendo’s attorneys systematically dismantled Atari Video games in a landmark 1989 authorized battle that reshaped the gaming business, killing off the Tengen model till its shock resurrection lately.
When Atari Video games (working as Tengen) tried to bypass Nintendo’s management by reverse-engineering the NES safety system, Nintendo’s authorized group found a deadly flaw of their rival’s strategy: Atari had fraudulently obtained Nintendo’s proprietary code from the Copyright Workplace by falsely claiming they had been defendants in a nonexistent lawsuit.
Although courts finally established that reverse engineering was authorized beneath honest use ideas, Atari’s deception proved catastrophic. The choose invoked the centuries-old “unclean arms” doctrine, ruling that Atari couldn’t declare honest use safety after approaching the court docket in unhealthy religion.
“On account of its attorneys’ filthy arms, Atari was barred from manufacturing video games for the NES. Nintendo, with its stronger authorized group, subsequently ‘bled Atari to loss of life,'” writes tech business lawyer Julien Mailland. The court docket ordered the recall of Tengen’s “Tetris” model, now a uncommon collector’s merchandise.
After a 30-year absence, Tengen Video games returned in July 2024 with “Zed and Zee” for the NES, lastly attaining what its predecessor was legally prohibited from doing.
