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The University of Pennsylvania Law Review has noted the ruling as one of the earliest and leading cases where the court found copyright infringement in a video game. [7] Loyola of Los Angeles Entertainment Law Review also cites it as the first federal appellate court to conclude that a video game qualified for copyright as an audiovisual work. [13]
Various crossover games bring in characters, settings and other elements from other video games commonly outside of the publisher's IP realm, such as in the case of the Super Smash Bros. series. This type of licensing tends to pose an issue for the retention and preservation of video games particular on digital download services.
Sony understandably seeks control over the market for devices that play games Sony produces or licenses. The copyright law, however, does not confer such a monopoly." [4] The Ninth Circuit Court also reversed the district court's ruling that the Virtual Game Station tarnished Sony's "PlayStation" trademark.
The lawsuit was part of a trend of "knock-off" video games in the early 1980s, with courts recognizing that a video game can qualify for protection as a copyrighted audiovisual work. Both Galaxian and Pac-Man were bestselling games in the early 1980s, with Pac-Man generating over $1 billion in revenues, as well as sequels, merchandising, and a ...
The copyright cases of Midway, Galoob, and Micro Star continue to guide the law around game modifications, that a permanent modification is likely copyright infringement, where an impermanent modification is not. [27] The Galoob precedent has led courts to permit the use of third-party software to manipulate and cheat at other games. [30]
Screen Rant writes that the case "set a major precedent for copyright cases within video games as a whole", [25] while 1up.com highlighted the case for its importance in video game law, noting that the high quality of the game had no impact on the legal question of copyright infringement. [26]
Data East that suggests a more skeptical view towards copyright protection for video games. [ 12 ] John Quagliariello argues that this was one of several cases that made it near impossible for a video game copyright holder to win a lawsuit against a potential infringer, especially considering the cost of a lawsuit versus the risk of an ...
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 ...