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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....
Accolade later reached an out-of-court settlement with Sega that allowed Accolade to continue building their own Genesis cartridges as an official licensee. [23] One condition of the settlement was that Accolade would develop several games exclusive to Sega consoles, as a way for Sega to maintain an advantage over their rivals.
As a part of this settlement, Accolade became an official licensee of Sega, and later developed and released Barkley Shut Up and Jam! while under license. [3] : 388 The terms of the licensing, including whether or not any special arrangements or discounts were made to Accolade, were not released to the public. [16]
Aug 8, 2023 · However, Accolade faced a challenge: Sega required developers to obtain a license and use a proprietary lockout chip for their games to be playable on the platform. This led to a dispute between Accolade and Sega, as Accolade aimed to reverse engineer the lockout chip to create its games without
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 ...
People also ask
Is accolade a Sega licensee?
Is Sega responsible for putting a trademark on Accolade games?
Did accolade copy and disassemble Sega's video game programs?
Is Sega v Accolade copyright protected?
Is accolade based on sega's code?
How did accolade (defendant) make its own games compatible with Sega's (plaintiff) console?
Accolade reverse-engineered Sega's game cartridges to make their games compatible with the Sega Genesis console without becoming a licensee, a process which involved disassembling Sega's game code. Accolade's reverse-engineered games triggered a screen display featuring Sega's trademark when played on Sega's consoles, specifically the Genesis III model, which incorporated a trademark security ...
