“The company had already lodged a petition for leave to appeal to the House of Lords given the enormous public importance of protecting the video games industry. The effect of the judgment so far was to strip away that protection and it had already been subject to a certain amount of legal comment. “Nova’s appeal to the House of Lords will rest upon getting an interpretation of the Software Directive to protect the innovative ideas of games designers such as Nova’s Director David Jones who devised a game which was then implemented by a software solution. “Clearly there is a large divide in the industry between those who believe imitation is beneficial and those who think their creative endeavour requires greater protection. It is likely that the House of Lords will decide on whether to allow the matter to go forward in the course of the next three to six months. Last month Managing Director John Austin said of the Court of Appeal findings “Given the strength of the judgment of the trial, we were never in doubt that the appeal would be dismissed and, after a period of almost three years since the initial claims were raised, I will be glad to put it behind us.”

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