Before leaving, Barbara specifically reminded Ethan of one thing: he needed to find out whether Atari had also been sued by Magnavox.
Because in patent infringement cases, there are generally two legal entities involved.
The first is the patent infringer—a person or entity that directly or indirectly participates in the infringement. This includes, but is not limited to, infringing on technical features or technical content.
The second is the actual operator—the person or entity that controls or participates in the infringement in practice, such as the seller of the infringing product or the distributor authorized to produce and sell it.
Of course, sometimes the same party fulfills both roles, in which case only one entity is listed in the complaint. That situation does exist.
But Snake Game clearly did not fall into that category. It was invented by Ethan and Evelyn, but sold by Atari. Therefore, Ethan and Evelyn were the patent infringers, while Atari was the actual operator.
In such cases, when the inventors are sued, how could the operator escape legal sanctions? Normally, in obvious infringement cases like this, the plaintiff would file a joint lawsuit, naming both the patent infringer and the operator in the same complaint, to be heard together by the court.
Yet now, Atari's name was missing from the indictment that Ethan and Evelyn had received.
Which could only mean one thing… Magnavox had different demands from each party.
On the night of September 16, 1975, Atari—normally closed at this hour—was brightly lit.
Nolan Bushnell slammed the indictment he had just received onto the desk in front of Ethan. The veins bulged on the back of his hands, and his bloodshot eyes all but spat fire.
"Ethan Jones!!!Why did things come to this???"
Nolan glared at Ethan with eyes nearly splitting apart, roaring like a madman:
"As a former Magnavox employee, don't you know they hold the patent for video games and training devices? Why are you selling Snake Game arcades without authorization? Do you realize your behavior could destroy us—Atari?"
The sheer hysteria made Ethan's ears ring. If it had been just a few hours earlier—when he himself had first received the court summons and Magnavox's indictment—he might have argued back, still thinking he had the upper hand.
But after Barbara's explanation, after seeing Magnavox's patent with his own eyes, Ethan could only remain calm.
He picked up the complaint Magnavox had sent to Atari and began reading through it.
He hadn't wanted to look… but the moment he did— He realized Barbara had been right all along.
In the complaint received by Ethan and Evelyn, Magnavox demanded that they cease infringement and pay millions in compensation.
In the complaint received by Atari, however, Magnavox went even further. Not only did they demand an end to infringement and millions in damages—they also required Atari to recall and destroy every infringing product already on the market.
Of these three demands, compensation was the most normal—inevitable, even. Stopping infringement was at least understandable, though impossible in practice since the game had to be sold.
But recalling and destroying every unit on the market?
How many Snake Game machines had been sold so far?
Including circuit boards, about eight thousand units—not just a few hundred.
Spread across America, did Magnavox really expect Atari to track down and destroy every arcade cabinet and circuit board already sold? That was the same as asking them to commit suicide.
Not to mention whether customers would tolerate having their games suddenly pulled, there was no chance arcade operators—who were making fortunes off Snake Game—would agree to something like that.
Ethan already knew the situation was dire, but he hadn't expected Magnavox to go this far. For a moment he wanted to curse out loud, but he pressed his lips together and held it in.
He was at Atari now, not with Evelyn—his real thoughts couldn't be spilled so carelessly.
So instead, he looked at the indictment in his hand with a deliberately puzzled expression, as if this were the first time he'd seen it.
"Nolan, what's going on? Why did Magnavox file a lawsuit? I was in San Francisco all day attending the IEEE Electronics Show—I've barely had time to understand what's happening."
Gathering up the complaint, he raised his head slightly and added, "I'll need to consult a lawyer about this. Give me a little time to see if there's been some kind of misunderstanding."
Yes—Ethan was stalling. He needed to inform Barbara of what was in Atari's indictment before making any move. He wouldn't respond until his "mage" gave instructions.
But just as Ethan was privately wondering whether Magnavox had gone insane, another document slammed down in front of him. Along with it came another furious voice.
"MFxxk! Ethan! Stop playing dumb!"
Don Valentine's face was flushed with anger.
"Magnavox's attorney told us directly—they've already sued you! You obviously received a court summons, and now you're standing here pretending not to know what's going on? Do you take us for idiots?"
He smashed his fists on the table. The roar shook the room so hard Ethan nearly cursed aloud—
'Aren't these sleazy lawyers busy enough?' —but outwardly, his expression didn't change.
"I'm saying, this might be a misunderstanding," Ethan replied in the calmest voice he could muster.
But his composure only enraged Don Valentine further. He lunged forward, leaning across the table.
"As a former Magnavox employee, you dare to tell us this is a misunderstanding? You think I'll believe that?"
He jabbed his finger hard against the papers he'd just thrown down.
"Here's a copy of Magnavox's patent! And here's the indictment they gave us! If you really think this is a misunderstanding, then read it carefully and show me where the misunderstanding is written in black and white!
With facts this clear, you still want to quibble?"
Ethan's eyes fell to the document. The patent number jumped out at him: US3728480 A.
Atari had already unraveled the entire case. But so what? Ethan knew Don Valentine and Nolan Bushnell were a pain—but they weren't half as unbearable as Magnavox.
Sighing softly, Ethan looked up and said, "I understand your urgency. But I can't answer your questions right now. I'm not a lawyer. I need to consult with mine first. Only then will we know how to respond."
He felt it was the only correct answer. Yes, he knew he had violated Magnavox's rights. But could he admit it here and now? Of course not.
Because admission meant legal liability.
And frankness in this moment wasn't honesty—it was suicide.
However, Ethan's calm, neither-humble-nor-arrogant attitude was like a match tossed onto dry gunpowder—it ignited Don Valentine instantly.
With a sharp bang, Don slammed his hands on the table and shot to his feet.
"Okay! Okay! Okay!"
His chest heaved, breath ragged, as he glared down at Ethan.
"Ethan Jones—are you sure this is your choice? We came here to discuss! And all you've done is keep pushing the envelope! You want a lawyer? You want to settle this in court?
Fine! I'll satisfy you!"
He cut his words, then thrust his hand forward, pointing straight at Ethan.
"I'm telling you! Atari will file a lawsuit against you tomorrow! We'll sue you for deliberately concealing that your product infringes patents! We'll sue you for deliberately selling infringing machines to us!
That's commercial fraud! And you—will take responsibility! You'll bear every single loss Atari suffers!"
Don's voice rose, his face flushed red, eyes burning with ruthless fury.
"I, Don Valentine, as the controller of Atari, am telling you right now—we will settle with Magnavox! We will meet all their demands! We'll stop sales of Snake Game! We'll pay them millions in compensation! We'll recall every Snake Game cabinet and circuit board from the market!
And every cent of that cost—will fall on you!"
His voice stretched into a venomous growl, his expression twisting ferociously.
"Ethan Jones—don't you want to talk about the law?
Then prepare yourself… for jail!"
-------
Support:
https://www.patreon.com/StylishSlayer