Distinctive Software

Last updated
Distinctive Software
Industry Video games
Founded1982;42 years ago (1982)
Defunct1991 (1991)
FateMerged into EA Canada
Successor EA Canada
Headquarters,
Canada
Key people
Don Mattrick
Jeff Sember
Paul Lee
Tarrnie Williams
Bruce McMillan
Products Test Drive series
4D Sports series

Distinctive Software, Inc. was a Canadian video game developer established in Burnaby, British Columbia, by Don Mattrick and Jeff Sember after their success with the game Evolution. [1] Mattrick (age 17) and Jeff Sember approached Sydney Development Corporation, who agreed to publish Evolution in 1982. [2] Distinctive Software was known in the late 1980s and early 1990s for their racing and sports video games, including the Test Drive series, Stunts , 4D Boxing , and Hardball II . In 1991, Distinctive was acquired by Electronic Arts in a deal worth US$10 million and became EA Canada, which is where the most EA Sports branded games are developed. [3] [1]

Contents

Unlimited Software and lawsuit

In 1989, programmers Pete Gardner and Amory Wong of Distinctive, under the pseudonym USI (Unlimited Software, Inc.), converted Sega's arcade game Out Run for MS-DOS. They used several software libraries they had developed for Test Drive II. Consequently, Accolade charged that Distinctive violated a working agreement, and sued. Accolade sought a preliminary injunction against the distribution and sale of Out Run. Distinctive Software argued that it had only used source code that did routine functions, such as clearing the video screen and that Accolade did not own a copyright on those functions. Accolade argued that their contract for Test Drive II gave them the ownership and copyright of the final product—the game—and the source code used to create it. Distinctive Software won; the court ruled that "the licensing agreement transfers to Accolade the copyright to the concept and design of the video game but not the underlying source code." The court also found that Accolade had failed to demonstrate that the balance of hardships was in its favor. [4]

Games

GamePublishedPublisherPlatform
4D Sports Boxing 1991 Mindscape/Electronic Arts Amiga, Atari ST, MS-DOS, Mac
4D Sports Tennis 1990MindscapeMS-DOS
Accolade Comics 1987 Accolade Apple II, C64
Ace of Aces 1987AccoladeAtari 8-bit, C64, MS-DOS
After Burner 1988 Sega Amiga, C64, MS-DOS
Altered Beast 1990SegaAmiga, C64, MS-DOS
Bill Elliott's NASCAR Challenge 1990 Konami Amiga, handheld, Mac, NES, MS-DOS
Castlevania 1990KonamiC64, MS-DOS
Champions Forever Boxing 1992 NEC TG-16
Dick Tracy: The Crime-Solving Adventure 1991 Walt Disney Computer Software Amiga, MS-DOS
Grand Prix Circuit 1988 Accolade Amiga, Apple IIGS, C64, MS-DOS
Fight Night 1985AccoladeApple II, Atari 8-bit, C64
Hardball! 1985AccoladeApple IIGS, C64
Mario Andretti's Racing Challenge 1991 Electronic Arts MS-DOS
Metal Gear 1990 Ultra Games C64
Mission: Impossible 1991 Konami MS-DOS
Out Run 1989 Sega C64, MS-DOS
Pipe Dream 1990 Bullet-Proof Software Amiga, C64, MS-DOS, NES
Stunts ( 4D Sports Driving )1990 Broderbund/Mindscape Amiga, MS-DOS
Super C 1990 Konami Amiga, MS-DOS
Teenage Mutant Ninja Turtles 1990Ultra Games/KonamiAmiga, C64, MS-DOS
Teenage Mutant Ninja Turtles: Manhattan Missions 1991KonamiMS-DOS
Test Drive 1987 Accolade Amiga, C64, MS-DOS
The Cycles: International Grand Prix Racing 1989AccoladeC64, MS-DOS
The Duel: Test Drive II 1989AccoladeAmiga, Apple IIGS, C64, MS-DOS
The Simpsons: Bart's House of Weirdness 1992KonamiMS-DOS
Top Gun: Guts and Glory 1993 Konami Game Boy
Where in Time Is Carmen Sandiego? 1991 Konami NES

Related Research Articles

<i>Star Control</i> 1990 video game

Star Control: Famous Battles of the Ur-Quan Conflict, Volume IV is an action-strategy video game developed by Toys for Bob and published by Accolade. It was originally released for MS-DOS and Amiga in 1990, followed by ports for the Sega Genesis and additional platforms in 1991. The story is set during an interstellar war between two space alien factions, with humanity joining the Alliance of Free Stars to defeat the invading Ur-Quan Hierarchy. Players can choose to play as either faction, each with seven different alien starships which are used during the game's combat and strategy sections.

<span class="mw-page-title-main">Electronic Arts</span> American video game company

Electronic Arts Inc. (EA) is an American video game company headquartered in Redwood City, California. Founded in May 1982 by former Apple employee Trip Hawkins, the company was a pioneer of the early home computer game industry and promoted the designers and programmers responsible for its games as "software artists". EA published numerous games and some productivity software for personal computers, all of which were developed by external individuals or groups until 1987's Skate or Die! The company shifted toward internal game studios, often through acquisitions, such as Distinctive Software becoming EA Canada in 1991.

<span class="mw-page-title-main">Accolade (company)</span> American video game company

Accolade, Inc. was an American video game developer and publisher based in San Jose, California. The company was founded as Accolade in 1984 by Alan Miller and Bob Whitehead, who had previously co-founded Activision in 1979. The company became known for numerous sports game series, including HardBall!, Jack Nicklaus and Test Drive.

<i>Stunts</i> (video game) 1990 video game

Stunts is a 3D racing video game developed by Distinctive Software and published by Broderbund in 1990. The game places emphasis on racing on stunt tracks and features a track editor. It is influenced by the arcade game Hard Drivin' (1989).

<span class="mw-page-title-main">Video game clone</span> Video game that resembles another video game

A video game clone is either a video game or a video game console very similar to, or heavily inspired by, a previous popular game or console. Clones are typically made to take financial advantage of the popularity of the cloned game or system, but clones may also result from earnest attempts to create homages or expand on game mechanics from the original game. An additional motivation unique to the medium of games as software with limited compatibility, is the desire to port a simulacrum of a game to platforms that the original is unavailable for or unsatisfactorily implemented on.

<span class="mw-page-title-main">EA Vancouver</span> Canadian video game developer owned by Electronic Arts

EA Vancouver is a Canadian video game developer located in Burnaby, British Columbia. The development studio opened as Distinctive Software in January 1983, and is also Electronic Arts's largest and oldest studio. EA Vancouver employs approximately 1,300 people, and houses the world's largest video game test operation. It is best known for developing a lot of EA Sports and EA Sports big titles, including EA Sports FC, NHL, SSX, NBA Street, NFL Street, EA Sports UFC, and FIFA Street titles. As well as a number of NBA Live and NCAA Basketball titles between 1994 and 2009.

<span class="mw-page-title-main">Sega Genesis</span> Home video game console

The Sega Genesis, known as the Mega Drive outside North America, is a 16-bit fourth generation home video game console developed and sold by Sega. It was Sega's third console and the successor to the Master System. Sega released it in 1988 in Japan as the Mega Drive, and in 1989 in North America as the Genesis. In 1990, it was distributed as the Mega Drive by Virgin Mastertronic in Europe, Ozisoft in Australasia, and Tectoy in Brazil. In South Korea, it was distributed by Samsung Electronics as the Super Gam*Boy and later the Super Aladdin Boy.

<i>The Duel: Test Drive II</i> 1989 video game by Distinctive Software

The Duel: Test Drive II is a 1989 racing video game developed by Distinctive Software and published by Accolade for Amiga, Amstrad CPC, Apple IIGS, Commodore 64, MS-DOS, MSX, ZX Spectrum, Atari ST, Sega Genesis and SNES.

<span class="mw-page-title-main">Don Mattrick</span> Canadian businessman

Donald Allan Mattrick is a Canadian businessman who co-founded Distinctive Software (DSI) in 1982 in Vancouver at age 17, while graduating from high school and attending Simon Fraser University where he studied business and managerial economics. DSI became the largest independent game developer in North America and was then acquired by Electronic Arts in 1991 who renamed it to EA Vancouver and later EA Canada. Mattrick worked at EA Canada for 15 years as the president of Worldwide Studios. In 2007, he joined Microsoft as the president of the Interactive Entertainment Business, famous for developing Kinect for Xbox 360. From 2013 to 2015, he then became the CEO of publicly trading social gaming company Zynga.

<i>The Need for Speed</i> 1994 video game

The Need for Speed is a 1994 racing game developed by EA Canada, originally known as Pioneer Productions, and published by Electronic Arts for 3DO. It was later ported to other platforms with additional tracks and cars, including to MS-DOS, PlayStation, Sega Saturn, and Microsoft Windows in 1996, on which it was subtitled SE.

<i>Accolades Comics</i> 1987 video game

Accolade's Comics is an adventure game released in 1987 and published by Accolade. It was developed by the co-founders of the Canadian firm Distinctive Software, Don Mattrick and Jeff Sember. The game intersperses action games into the plot.

Test Drive is a series of racing video games that were originally published by Accolade until they were bought by Infogrames, which later turned into Atari. The first game was released in 1987 and has since been followed by several sequels and spin-offs, the latest of which was released in 2024 and is the first by Nacon after purchasing the franchise from Atari.

<i>Test Drive</i> (1987 video game) 1987 video game

Test Drive is a racing video game developed by Distinctive Software and published by Accolade, released in 1987 for the Amiga, Atari ST, Commodore 64, and MS-DOS, in 1988 for the Apple II, and ported for the PC-98 in 1989. It is the first game in the Test Drive series.

<span class="mw-page-title-main">Abandonware</span> Software abandoned by its owner and creator

Abandonware is a product, typically software, ignored by its owner and manufacturer, which can no longer be found for sale, and for which no official support is available and cannot be bought.

<i>Lewis Galoob Toys, Inc. v. Nintendo of America, Inc.</i> 1992 American court case on copyright

Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. is a 1992 legal case where the United States Court of Appeals for the Ninth Circuit concluded that there was no copyright infringement made by the Game Genie, a video game accessory that could alter the output of games for the Nintendo Entertainment System. The court determined that Galoob's Game Genie did not violate Nintendo's exclusive right to make derivative works of their games, because the Game Genie did not create a new permanent work. The court also found that the alterations produced by the Game Genie qualified as non-commercial fair use, and none of the alterations were supplanting demand for Nintendo's games.

<i>Sega v. Accolade</i> 1992 American court case

Sega Enterprises Ltd. v. Accolade, Inc., 977 F.2d 1510, is a case in which the United States Court of Appeals for the Ninth Circuit applied American intellectual property law to the reverse engineering of computer software. Stemming from the publishing of several Sega Genesis games by video game publisher Accolade, which had disassembled Genesis software in order to publish games without being licensed by Sega, the case involved several overlapping issues, including the scope of copyright, permissible uses for trademarks, and the scope of the fair use doctrine for computer code.

<i>Atari Games Corp. v. Nintendo of America Inc.</i> Legal dispute between Atari and Nintendo

Atari Games Corp. v. Nintendo of America Inc., 975 F.2d 832, is a U.S. legal case in which Atari Games engaged in copyright infringement by copying Nintendo's lock-out system, the 10NES. The 10NES was designed to prevent Nintendo's video game console, the Nintendo Entertainment System (NES), from playing unauthorized game cartridges. Atari, after unsuccessful attempts to reverse engineer the lock-out system, obtained an unauthorized copy of the source code from the United States Copyright Office and used it to create its 10NES replica, the Rabbit. Atari then sued Nintendo for unfair competition and copyright misuse, and Nintendo responded that Atari had engaged in unfair competition, copyright infringement, and patent infringement.

<span class="mw-page-title-main">Tarrnie Williams</span> Canadian businessman (born 1940)

Tryon "Tarrnie" M. Williams is a Canadian businessman. He is the founder of Canada's first publicly traded software company, Sydney Development Corporation formed in 1978. From 1987 to 1991 he was President and CEO of Distinctive Software Inc. of Vancouver. After the acquisition of that company by Electronic Arts Inc., he became President and CEO of Electronic Arts (Canada) Inc.

Sydney Development Corporation ("SDC"), was the first publicly-traded software company in Canada. Founded by Tarrnie Williams, SDC developed an online real-time project management system for the IBM System z mainframe computer, then various different business applications for microcomputers such as the Apple II, and eventually became the first developer and publisher of computer games for microcomputers in Canada.

The protection of intellectual property (IP) of video games through copyright, patents, and trademarks, shares similar issues with the copyrightability of software as a relatively new area of IP law. The video game industry itself is built on the nature of reusing game concepts from prior games to create new gameplay styles but bounded by illegally direct cloning of existing games, and has made defining intellectual property protections difficult since it is not a fixed medium.

References

  1. 1 2 Zinn, Jacob (September 5, 2014). "EA Canada pushes boundaries in Burnaby". Burnaby Now . Retrieved September 26, 2019.
  2. Kyllo, Blaine (January 28, 2009). "Case: Vancouver's video game family tree [C]". The Georgia Straight. Retrieved September 26, 2019.
  3. "COMPANY NEWS; Electronic Arts To Buy Distinctive". The New York Times . June 18, 1991.
  4. Dannenberg, Ross (May 30, 2005). "Case: Accolade v. Distinctive (N.D.Cal. 1990) [C]". Patent Arcade. Archived from the original on November 27, 2019. Retrieved September 26, 2019.