Pacific Gaming Pty Ltd v Aristocrat Leisure Industries Pty Ltd

In the Federal Court of Australia, Pacific Gaming Pty Ltd initiated proceedings against Aristocrat Leisure Industries Pty Ltd, asserting that Aristocrat's electronic gaming machines infringed copyright in Pacific's game, Diamond in the Sky. Aristocrat contended that its games, Top Gear and Enchanted Forest, did not infringe Pacific's copyright. The primary judge found in favour of Pacific, holding that the specifications for Aristocrat's games were literary works and were substantially copied into Aristocrat's games. Aristocrat appealed the decision. The court was tasked with determining whether the specifications for Aristocrat's games constituted literary works that could be subject to copyright protection and whether the specifications were substantially copied into Aristocrat's games.

The court found that the specifications for Aristocrat's games did indeed constitute literary works as they embodied the independent work and skill of the game designers. The court emphasised that the specifications were more than mere industry standards; they included unique calculations, arrangements, and choices that gave rise to original expressions. The court concluded that the specifications were not merely functional descriptions but detailed verbal and visible depictions of the games. Furthermore, the court held that the specifications were substantially copied into Aristocrat's games, leading to infringement of Pacific's copyright. The appeal was allowed in part, with certain orders set aside, and the appeal was dismissed in other respects. The parties were directed to file written submissions regarding the costs of the appeal and the costs orders made by the primary judge.