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21 Alb. L.J. Sci. & Tech. 1 (2011)

handle is hein.journals/albnyst21 and id is 1 raw text is: UNKNOWN FUTURES AND THE KNOWN PAST: WHAT CAN PATENT LEARN FROM COPYRIGHT IN THE NEW TECHNOLOGICAL AGE? Joshua L Miller* TABLE OF CONTENTS TABLE OF CONTENTS ................... .....................1 IINTRODUCTION ...........................................3 II.THE LAW/INDUSTRY INTERACTION .........................10 A. The Law Adapts to Industry. ........ .............12 B. Industry Adapts to the Law ........ .............16 C. Law and Industry Evolve Simultaneously ..... ..... 18 D. Summary .................................... 19 III.COPYRIGHT LAW AND THE VIDEO GAME INDUSTRY..................20 A. Copyright Law as it Applies to Video Games...........21 B. The History of Video Games ......... ............25 1. Of Vending Machines, Vegas, and Pinball.......26 2. From Pinball to Playstation . ..................27 3. Other Legal Concerns of the Time.............29 C. Observations on the Interaction of Copyright Law and Video Games .............. ...............30 1. Broad Interpretation of the Act's Language ...........30 2. Significant Opposition to Protection ............31 3. Video Games: The (Once) Unknown Future of * 2009-2010 University of Pittsburgh School of Law Samuelson/Glushko Fellow; Lead Notes & Comments Editor, JOURNAL OF LAW & COMMERCE; Candidate for J.D., University of Pittsburgh School of Law, May 2010. I am extremely grateful to Michael Madison for his input, advice, and encouragement. 1

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