Chalk Up One for Prima

The strategy guide publisher, Prima Entertainment, has recently been embroiled in legal wrangling with Nintendo over the Nintendo 64 game GoldenEye 007. The video game maker requested a preliminary injunction against Prima, charging copyright infringement of Nintendo's maps for Prima's GoldenEye 007: Unauthorized Game Secrets guide from Nintendo's magazine Nintendo Power Source.

On December 24, that request was summarily denied. United States District Judge William L. Dwyer of the Western District of Washington ruled that Nintendo failed to prove the elements necessary to win an injunction - actionable copying by Prima. He found that much of Nintendo's maps consisted of factual material that is not protected by copyright, according to Prima.

Ben Dominitz, Prima's president and founder, spoke out about the decision: "We are pleased but not surprised by Judge Dwyer's decision. When initiating their action for a preliminary injunction, Nintendo came out, guns blazing, and made wild accusations concerning Prima. We said then, and we still believe today, that Nintendo's action was prompted primarily by their displeasure over Prima's growing preeminence in the strategy guide area, where our two companies sometimes compete."

"We harbor Nintendo no ill feelings. We can only hope that this resounding legal rebuke will have served as a useful lesson that the best way to deal with Prima is through direct and honest communication, not attempts at intimidation."