## Facts

- Robert W. Allen, doing business as the National Academic Games Project (NAGP), developed and promoted several “academic games,” including *A Man Called Mr. President*, *Euro-Card/World Card*, *linguiSHTIK*, and *Propaganda*.
- Allen ran national student tournaments using these games, with participation reaching hundreds of middle and high school students.
- In 1992, former NAGP tournament participants and organizers formed Academic Games League of America, Inc. (AGLOA), a nonprofit, to conduct a national tournament using some of Allen’s games.
- AGLOA’s organizers excluded Allen from the new organization after disagreements about tournament management and interpersonal conflict.
- AGLOA’s tournaments coincided with Allen’s events and used the subject games in competition.
- Allen sued AGLOA and individuals, asserting (among other claims) copyright infringement based on AGLOA’s use of the games in tournaments.
- The district court granted AGLOA summary judgment on the copyright claims, and Allen appealed.

## Issues

1. Whether Allen produced sufficient evidence of ownership of valid copyrights (including chain of title) in each asserted game to maintain infringement claims.
2. Whether AGLOA’s tournament use of the games copied protectable expression, as opposed to unprotectable rules, procedures, or systems of play.

## Decision

- The Ninth Circuit affirmed the grant of summary judgment for AGLOA on Allen’s copyright infringement claims.
- The court agreed that Allen failed to establish legal ownership of a copyright in at least one asserted work (notably *Propaganda*).
- Even assuming ownership as to other works, the court held the challenged use primarily involved game rules and play systems, which are not protected by copyright.
- On the summary-judgment record, Allen did not raise a triable issue that AGLOA copied protectable expression (as distinct from unprotectable mechanics and formats).

## Legal Principles

- A copyright plaintiff must prove (1) ownership of a valid copyright and (2) copying of protectable expression.
- Copyright does not protect ideas, procedures, processes, systems, or methods of operation; game rules and systems of play are generally unprotectable.
- Where a work contains functional rules or instructions, any protection for the written description is limited, and infringement requires copying of protected expressive elements rather than mere use of the underlying rules.
- Summary judgment is proper when the plaintiff’s evidence does not create a genuine dispute that defendant copied protectable elements.

## Conclusion

The Ninth Circuit held that Allen’s evidence did not establish enforceable copyright ownership for all asserted games and, in any event, did not show copying of protectable expression because the complained-of conduct centered on unprotectable game rules and systems, warranting summary judgment for AGLOA.


Allen v. Acad. Games League of Am., Inc., 89 F.3d 614 (9th Cir. 1996)