what constitutes a valid contract and your thoughts about whether or not there was a breach. Class, what evidence would Klyap have had to possess for him to have prevailed in this case? Clue: Follow the court’s reasoning step by step to see what the judge checked before agreeing to enforce the contract. Okay class, now that we are starting to get to know what constitutes a valid contract, let’s explore the issue of breach of contract. First, did either party breach the contract. Why or why not? Copyright law can be somewhat technical and complex. Class, let’s start out by listing and discussing the elements that must be proven to show a copyright violation and whether or not they exist in this problem. Lets look at the type of intellectual violation that your company is being accused of by Nintendo. Can a case of copyright and/or trademark infringement be brought against one naming a video game “Praying With Larry Podder”?. Apply the elements of both to the facts presented.