|
''Sony Computer Entertainment v. Connectix Corporation'', 203 F.3d 596 (2000), is a decision by the Ninth Circuit Court of Appeals which ruled that the copying of a copyrighted BIOS software during the development of an emulator software does not constitute copyright infringement, but is covered by fair use. The court also ruled that Sony's PlayStation trademark had not been tarnished by Connectix Corp.'s sale of its emulator software, the Virtual Game Station. == Background of the case == In July 1998, Connectix started the development of the Virtual Game Station (VGS) as a Macintosh software application that emulates Sony's popular PlayStation video games console's hardware and firmware. This would make it possible for VGS users to play games developed for the PlayStation on Macintosh hardware, with plans to release a Windows PC compatible version at a later date. Connectix's development strategy was based upon reverse engineering the PlayStation's BIOS firmware, first by using the unchanged BIOS to develop emulation for the hardware, and then by developing a BIOS of their own using the original firmware as an aid for debugging. During the development work, Connectix contacted Sony, requesting “technical assistance” for completing the VGS, but this request was eventually declined in September 1998. The Video Game Station development reached completion in December 1998, with the software being commercially released in the following month, January 1999. Sony perceived the VGS as a threat to its video game business, and filed a complaint alleging copyright infringement as well as violations of intellectual property against Connectix on January 27, 1999. Sony drew support from fellow video game hardware manufacturers Nintendo, Sega, and 3dfx Interactive, while Connectix was backed by fellow software firms and trade associations. The district court awarded Sony an injunction blocking Connectix # from copying or using the Sony BIOS code in the development of the Virtual Game Station for Windows; and # from selling the Virtual Game Station for Macintosh or the Virtual Game Station for Windows. The district court also impounded all of Connectix's copies of the Sony BIOS and all copies of works based upon or incorporating Sony BIOS. Connectix then successfully appealed the ruling, with the United States Courts of Appeals for the Ninth Circuit reversing the earlier decision. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Sony Computer Entertainment, Inc. v. Connectix Corp.」の詳細全文を読む スポンサード リンク
|