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Sega Enterprises Ltd. v. Accolade, Inc., 977 F.2d 1510 (9th Cir. 1992), is a case in which the United States Court of Appeals for the Ninth Circuit applied American intellectual property law to the reverse engineering of computer software. Stemming from the publishing of several Sega Genesis games by video game publisher Accolade, which had ...
- I. Background
- II. Standard of Review
- III. Copyright Issues
- IV. Trademark Issues
Plaintiff-appellee Sega Enterprises, Ltd. (“Sega”), a Japanese corporation, and its subsidiary, Sega of America, develop and market video entertainment systems, including the “Genesis” console (distributed in Asia under the name “Mega-Drive”) and video game cartridges. Defendant-appellant Accolade, Inc., is an independent developer, manufacturer, a...
In order to obtain a preliminary injunction, the movant must demonstrate “either a likelihood of success on the merits and the possibility of irreparable injury, or that serious questions going to the merits were raised and the balance of hardships tips sharply in its favor.” Johnson Controls, Inc. v. Phoenix Control Systems, Inc., 886 F.2d 1173, 1...
Accolade raises four arguments in support of its position that disassembly of the object code in a copyrighted computer program does not constitute copyright infringement. First, it maintains that intermediate copying does not infringe the exclusive rights granted to copyright owners in section 106 of the Copyright Act unless the end product of the...
Ordinarily in a trademark case, a trademark holder contends that another party is misusing the holder’s mark or is attempting to pass off goods or services as those of the trademark holder. The other party usually protests that the mark is not being misused, that there is no actual confusion, or that for some other reason no violation has occurred....
First, Accolade (Defendant) only sought to become a legitimate competitor in the field of Sega (Plaintiff) compatible video games. It therefore had a legitimate, non-exploitative purpose for copying Plaintiff’s code. Second, Plaintiff’s video game programs must be afforded a lower degree of protection than more traditional literary works as ...
v. Accolade, Inc., 977 F.2d 1510 (9th Cir. 1992) Year. 1992. Court. United States Court of Appeals for the Ninth Circuit. Key Facts. Plaintiff Sega Enterprises, Inc. (Sega) manufactured video game consoles and games. Defendant Accolade, Inc., one of plaintiff’s competitors, developed its own computer games to be played on the Sega consoles.
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The plaintiff Sega made the Genesis gaming console and game cartridges to play in it. The defendant wanted to make games to compete with Sega but did not want to pay to have Sega manufacture cartridges for its games. It instead bought copies of three of Sega's games, wired a decompiler into a Genesis console, and used the decompiler to load the ...
Dec 18, 2017 · In Sega v. Accolade, a case involving the legality of reverse engineering of computer software, the Ninth Circuit resolved copyright and trademark issues of first impression. The decision is of great significance for its legal analysis of the fair use doctrine and policies underlying the trademark law. This article provides background information useful to understanding Accolade from a ...
People also ask
Did accolade make games for Sega consoles?
Is Sega responsible for putting a trademark on Accolade games?
Is accolade a Sega licensee?
Did accolade copy and disassemble Sega's video game programs?
How did accolade (defendant) make its own games compatible with Sega's (plaintiff) console?
Is accolade based on sega's code?
May 21, 2014 · With 2, court said to get to the idea of the functional (unprotected) portion, D had to copy protected expression of the functional portion. 3 was of little importance. 4: Accolade made their own games, which did not replace those made by Sega, and the benefit to consumers all weighed in D’s favor. Essentially: Where disassembly is the only ...
