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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 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]
The first video game cases raised the issue of whether a video game's graphics counted as a fixed work, an essential first step for copyright protection. Courts consistently ruled for the plaintiffs, that copyright indeed protected games as audiovisual works, more than protecting the underlying code. [2]
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.
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 ...
[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 ...
Playing a radio broadcast of a copyrighted work at a business was not copyright infringement Radio reception does not constitute a "performance" of copyrighted material. Reyher v. Children's Television Workshop: 533 F.2d 87: 2d Cir. 1976 The essence of infringement lies in taking not a general theme but its particular expression Gilliam v.
Xio Interactive, Inc., 863 F.Supp.2d 394 (D.N.J. 2012), was a 2012 American legal case related to copyright of video games, confirming that a game's look and feel can be protected under copyright law. Tetris Holding is a company that holds the copyright to the original Tetris game from 1985