Antonick v. Electronic Arts, Inc., No. 14-15298 (9th Cir. 2016)Annotate this Case
Plaintiff, the developer of the computer code for the original John Madden Football game for the Apple II computer, filed a diversity action against EA, seeking contract damages in the form of unpaid royalties for Sega Madden and Super Nintendo Madden. The court concluded that the district court properly granted judgment as a matter of law (JMOL) to EA under the "intrinsic test" because the jury had no evidence of Apple II Madden or Sega Madden as a whole to enable it to make a subjective comparison. In this case, plaintiff's claims rest on the contention that the source code of the Sega Madden games infringed on the source code for Apple II Madden. But, none of the source code was in evidence. The jury therefore could not compare the works to determine substantial similarity. The court rejected plaintiff's argument that EA’s post-verdict Rule 50(b) motion for JMOL regarding the intrinsic test should not have been considered. The court also concluded that the district court did not err in dismissing the Super Nintendo derivative work claims where the Apple II and Super Nintendo processors have different instruction sizes and data word sizes; the court agreed with the district court that the jury could not have determined plaintiff's damages from the alleged breach to a reasonable certainty; and even if the district court erred, there was no harm because plaintiff's failure to introduce any source code precluded a finding that Super Nintendo Madden was a Derivative Work. Finally, the court concluded that the district court correctly dismissed the claim that EA used development aids to create non-derivative works because the claim is unsubstantiated. Accordingly, the court affirmed the judgment.