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The second form is as an audiovisual work, as determined in the 1982 case Stern Electronics, Inc. v. Kaufman; while video games present images and sound that are not in a fixed form, the repetitive use of these in a systematic response to player's actions was sufficient for copyright protections as audiovisual works.
Around the same time, Philips created Munchkin as a similar maze-chase game, leading Atari to sue them for copyright infringement. Relevant copyright case law was limited at the time, disputing whether video game graphics even qualified as fixed audiovisual works, as seen in traditional games. Courts were consistently finding for plaintiffs ...
Mino also added new power-ups and game modes to the basic Tetris gameplay. [7] The game's marketing materials described it as a "Tetromino game" with "fast-paced, line-clearing features", and ended with a disclaimer: "Mino and Xio Interactive are not affiliated with Tetris™ or the Tetris Company™". [6]
Video games in the form of computer programs embodied in physical or downloaded formats that have been lawfully acquired as complete games, when the copyright owner or its authorized representative has ceased to provide access to an external computer server necessary to facilitate an authentication process to enable local gameplay;
[21] [22] In 2024, Nintendo took legal action against the open-source Yuzu emulator for Switch games, stating that the software violates the DMCA by enabling decryption of the encryption method used for Switch games, and that it facilitated copyright infringement of The Legend of Zelda: Tears of the Kingdom through a leaked copy that had been ...
Video game piracy is the unauthorized copying and distributing of video game software, and is a form of copyright infringement. It is often cited as a major problem that video game publishers face when distributing their products, due to the ease of being able to distribute games for free, via torrenting or websites offering direct download ...
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]
Fair use is the use of limited amounts of copyrighted material in such a way as to not be an infringement. It is codified at 17 U.S.C. § 107, and states that "the fair use of a copyrighted work ... is not an infringement of copyright." The section lists four factors that must be assessed to determine whether a particular use is fair.