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Universal appealed the verdict to the United States Court of Appeals for the Second Circuit.Nintendo and Universal argued the appeals case on May 23, 1984. As evidence of consumer confusion, Universal presented the results of a telephone survey of 150 managers and owners of arcades, bowling alleys, and pizza restaurants who owned or leased Donkey Kong machines.
John Joseph Kirby Jr. (October 22, 1939 – October 2, 2019) was an American attorney. He was most notable for his successful defense for Nintendo against Universal Studios over the copyrightability of the character Donkey Kong in 1984, from which Nintendo subsequently named the character Kirby to honor him.
Nintendo also fought off a claim in 1983 by Universal Pictures that Donkey Kong was a derivative element of their King Kong in Universal City Studios, Inc. v. Nintendo Co., Ltd.; notably, Nintendo's lawyer, John Kirby, became the namesake of Kirby in honor of the successful defense.
There is no Nintendo lawsuit. The part of the story involving legal action is a fabrication. ... NBC Universal. 3,700 return after Malibu fire, but 'a lot of work' ahead, fire official says.
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Universal City Studios, Inc., 464 U.S. 417 (1984), also known as the "Betamax case", is a decision by the Supreme Court of the United States which ruled that the making of individual copies of complete television shows for purposes of time shifting does not constitute copyright infringement, but can instead be defended as fair use.
The lawsuit also contends that Midjourney, another AI image generation company, once shared a list of 4,700 artist names, including some of the artists' work, whose work their programs could imitate.
Blockbuster publicly accused Nintendo of starting the lawsuit after being excluded from the Computer Software Rental Amendments Act, which prohibited the rental of computer software but allowed the rental of Nintendo's game cartridges. Nintendo responded that they were enforcing their copyright as an essential foundation of the video game industry.