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	Galoob v. Nintendo - Wikipedia, the free encyclopedia (Site not responding. Last check: 2007-11-01)
		Nintendo (Ninth Circuit Court of Appeals, 1992) was a court case which established the rights of users to modify copyrighted works for their own use.
		Galoob manufactured a product called Game Genie, which allowed users to modify video games by entering in certain codes.
		The Court denied Nintendo's motion for a preliminary injunction, holding that Game Genie did not create a derivative work and also suggesting that even if it did, it might well be fair use.
	www.encyclopedia-online.info /Galoob_v_Nintendo (143 words)

	[No title]
		Nintendo's complaint does not allege direct infringement, nor did it try the case on that theory.
		Consumers are not invited to witness Nintendo's audiovisual displays free of charge, but, once they have paid to do so, the fact that the derivative works created by the Game Genie are comprised almost entirely of Nintendo's copyrighted displays does not militate against a finding of fair use.
		Nintendo's main argument on appeal is that the test for market harm encompasses the potential market for derivative works.
	www.law.seattleu.edu /fachome/chonm/Cases/galoob2.html (1706 words)

	NES WORLD: NES RELATED LAWSUITS
		Nintendo charged Galoob with direct and contributory infringement, claiming that "Game Genie" enables an owner of a Nintendo videogame cartridge to make adaptations or modifications to his or her own taste and ability, and to create unauthorized derivative works.
		The Galoob court, however, was not willing to "stretch" the definition of "derivative work" where the performance was non- commercial and was confined to the homes of purchasers of legitimate copies of the videogame.
		Galoob's declaratory judgment complaint had alleged that § 117 was a defense to Nintendo's assertion of infringement.
	www.nesworld.com /law-0005.htm (607 words)

	Galoob - Encyclopedia, History, Geography and Biography
		Lewis Galoob Toys, Inc. was a toy company best known for creating Micro Machines and the video game cheat device called Game Genie.
		Galoob was involved in a landmark intellectual property lawsuit, Lewis Galoob Toys, Inc. v.
		Nintendo charged that the Game Genie violated copyright by creating an unlicensed derivative of their copyrighted game.
	www.arikah.net /encyclopedia/Galoob (144 words)

	Samuelson - Fair Use for Computer Programs and Other Copyrightable Works in Digital Form: The Implications of Sony, ...
		Galoob has aided this evolution in a manner that balances the legitimate interests of copyright owners in obtaining a fair return for their contributions to the culture and the public interest in having access to and the ability to make reasonable use of electronic information tools.
		Nintendo's theory was that Galoob provided consumers with a device knowing that the consumers would use it to alter the audiovisual sequences of the Nintendo games, thereby creating unauthorized derivative works.
		The Galoob and Sony decisions support the view that neither the tools that extend the uses consumers can make of their copies of works of authorship nor private uses that may be made of them with these tools ought generally to be regarded as raising serious copyright concerns.
	www.ischool.berkeley.edu /~pam/papers/sony_galoob.htm (16866 words)

	Patent Arcade: Case: Lewis Galoob v. Nintendo (9th Cir. 1992) [C]
		Lewis Galoob Toys developed a device called the Game Genie, which allowed the player of a Nintendo Entertainment System game to alter up to three features of the game, such as a game character’s speed or strength, or the character’s number of lives.
		The Game Genie, which is inserted between a game cartridge and the Nintendo system, functions by replacing the value for a single data byte sent by the game cartridge to the Nintendo system.
		Nintendo brought suit against Galoob, alleging contributory infringement because the marketing, advertising, promoting, and selling the Game Genie contributed to the creation of infringing derivative works.
	www.patentarcade.com /2005/08/case-lewis-galoob-v-nintendo-9th-cir.html (765 words)

	Good Deal Games - Classic Videogame Games ARTICLE - Three Trials Part Two
		Also, Galoob's arrival in the electronic entertainment field meant that they had to hire some familiar faces, people who had been around the business, and of course I was known to them.
		Nintendo and its vassals, on the other hand, had hard-wired their games to the skill sets of 14-year old males.
		A key element of Galoob's case lay in the fact that the Genie did not actually change any of the data in the game cartridge; the alterations lasted only until the end of that play session at which point the game defaulted to its original program.
	www.gooddealgames.com /articles/Three_Trials_Part_2.html (3996 words)

	Patent Arcade: August 2005 (Site not responding. Last check: 2007-11-01)
		Next, the court held that “Nintendo is likely to show successfully that Atari infringed the 10NES copyright by obtaining and copying the source code from the Copyright Office.” Atari obtained a copy from the Copyright Office by providing false information about a pending litigation, therefore obtaining an unauthorized reproduction.
		Treating Nintendo as its own lexicographer, the Court relied on the specification and prosecution history of the ‘635 patent to hold that claim 1 requires a predetermined relationship between the data exchanged by the programs, rather than just a predetermined relationship between the programs themselves.
		Nintendo had won on patent infringement, but before they enforce this ruling they would also need to address Atari’s patent misuse defense and antitrust counterclaims.
	www.patentarcade.com /archives/2005_08_01_patentarcade_archive.html (5237 words)

	GNU General Public License Encyclopedia Article @ 209.68.55.253 () (Site not responding. Last check: 2007-11-01)
		Nintendo the Ninth Circuit Court of Appeals defined a derivative work as having "'form' or permanence" and noted that "the infringing work must incorporate a portion of the copyrighted work in some form," but there have been no clear court decisions to resolve this particular conflict.
		This was a problematic stand for them, as they had distributed Linux and other GPLed code in their Caldera OpenLinux distribution, and there is little evidence that they had any legal right to do so except under the terms of the GPL.
		In April 2004 the Netfilter/iptables project was granted a preliminary injunction against Sitecom Germany by Munich District Court after Sitecom refused to desist from distributing Netfilter's GPLed software, allegedly in violation of the terms of the GPL.
	209.68.55.253 /encyclopedia/GNU_General_Public_License (3630 words)

	Atari v. Nintendo
		Alternatively, Nintendo can show copying by proving that Atari had access to the 10NES program and that Atari’s work — the Rabbit program — is substantially <975 F.2d 838> similar to Nintendo’s work in ideas and the expression of those ideas.
		Nintendo may have incorporated some minimal portions of the program to accommodate the microprocessor in the NES, but no external factor dictated the bulk of the program.
		To the extent, however, Nintendo is likely to show misappropriation and copying of the unauthorized Copyright Office copy, it is likely to succeed on the merits of its infringement claim.
	digital-law-online.info /cases/24PQ2D1015.htm (6675 words)

	ClassicGaming.com - The Museum: Nintendo Entertainment System (Site not responding. Last check: 2007-11-01)
		As the 1990s began, Nintendo found itself threatened by next-generation 16-bit consoles like the TurboGrafx-16 and the Genesis, but the NES was still the best selling system on the market.
		Nintendo's "Seal of Quality" wasn't a measure of how good the game was, the seal just meant that the company had paid a licensing fee and that the game didn't contain adult content.
		Nintendo released many other controllers, including the NES Max which was shaped like a small Genesis controller and used a round sliding disc for control.
	www.classicgaming.com /museum/nes (2236 words)

	Law.com - Front Page
		Nintendo claimed infringement, but the makers of the Game Genie eventually prevailed in a 1992 9th Circuit ruling, Galoob v.
		Nintendo, which established the right of consumers to modify copyrighted work for their own use.
		Over the past 100 years, the very same technology vs. copyright debate has revolved around player pianos, radio, audiotaping devices, VCRs and any other innovation that has allowed for music, movies and other entertainment products to be distributed in ways beyond what the producers of entertainment originally envisioned.
	www.law.com /jsp/article.jsp?id=1098907052138 (1829 words)

	EmuFAQ Addendum - The Question of ROMs
		That, in a nutshell, is the primary argument of Nintendo and the rest of their ilk.
		Nintendo, Sony, and their kind scream bloody murder every time the issue of ROMs is raised, and they've managed to convince the courts that converting code from one type of storage to another is unjustified due to the format change involved.
		Bung), since Nintendo was able to prove that the device, while advertised as one that had personal uses, could obviously be used for infringing commercial purposes.
	www.overclocked.org /emufaq/EmuFAQ_Y2KAddendum2.htm (9041 words)

	[No title]
		John Deere Co. (193) -- Facts: Graham (a plow manufacturer) holds a patent on a spring clamp which permits plow shanks to be pushed upward when they hit obstructions in the soil.
		Diehr (963): (a) Summarize legal history prior to this case:[shows that Court of Customs and Patent Appeals was at odds with S Ct during the 60's and '70's prior to Diamond v.
		Benson (1972): Benson held that new mathematical procedures that can be conducted in old computers, like mental processes and abstract intellectual concepts, are not patentable processes within the meaning of sec.
	www.stanford.edu /~mradin/downloads/ip_notes.txt (14763 words)

	EmuTimeLine Part 3: 1989 - March 1998
		This is one of the few setbacks that Nintendo has suffered in its legal history of dealing with possible infringers of its intellectual property, but it is a major one.
		Nintendo enters into a joint agreement with Sony to develop a CD-ROM drive for the Super Famicom, thus echoing moves by its competitors NEC and Sega.
		Nintendo unveils its "improved cartridge slot" for the NES, which gives the unit the top-down design that it should have had in the first place.
	www.zophar.net /articles/art_14-3.html (6745 words)

	NES Player (Site not responding. Last check: 2007-11-01)
		Galoob received the rights to a device called GameMage in '90.
		Galoob offered to make their device an official license, but Nintendo refused.
		Nintendo tried to make their case out that the Game Genie altered, essentially hacked, copyrighted software.
	www.nesplayer.com /features/lawsuits/gamegenie.htm (133 words)

	SammyOSU.org - Sigma Beta Alumni (Site not responding. Last check: 2007-11-01)
		Glick headed the trial team which defeated claims that Game Genie created unlawful derivative works of Nintendo games and won a judgment of $15 million to compensate Galoob for a wrongful preliminary injunction.
		Nintendo," 14 European Intellectual Property Review, January 1992; "What Price Restraint?-A Guide to Determination of Security for Preliminary Injunction," 16 New Matter: Official Publication of the State Bar of California Intellectual Property Section 5, Fall 1991; "Galoob v.
		Nintendo: When is a Modified Computer Program an Infringing Derivative Work?," 8 The Computer Lawyer 1, September 1991; "Personal Choice and Civil Code Section 3714.45: An Epilogue for California's Smoking and Health Litigation," 25 California Western Law Review 239, 1989.
	www.sammyosu.org /alumni/sb.htm (2261 words)

	Mel Gibson Sues CleanFlicks - Page 9 - Sean Hannity Discussion
		The testbed case for your position (in case you can't tell, I've studied this subject quite a bit) would be Galoob v.
		Galoob's Game Genie codes were TEMPORARY and entered by the user.
		Clearplay is on the fence, if they win it's by the Galoob precedent but I don't see that one flying because unlike the Game Genie, they're selling a program, a "fixed work".
	www.hannity.com /forum/showthread.php?t=41069&page=9 (2673 words)

	The EmuFAQ - Appendix C, Emulation Timeline
		Nintendo is founded in Japan by Fusajiro Yamauchi.
		Nintendo announces that it will abandon the cartridge format for its console videogames, making it the last videogame vendor to do so.
		The unquestionable legality of unlicensed emulation is finally established by the U.S. 9th Circuit Court of Appeals in the case of Sony v.
	www.overclocked.org /emufaq/AppendixC.htm (2850 words)

	LawGeek: We fought the Kuleshov effect and The Law won?
		Finally, in the digital context, there is Huntsman v.
		Nintendo (Galoob Game Genie does not create derivative work by allowing Nintendo game players to increase the number of lives of the player's character, increase the speed at which the character moves, and allow the character to float above obstacles).
		Thus, it seems like the tension that will continue to arise re: remixing will be in the context of whether or not remixing is the kind of "derivative work" that copyright prohibits.
	lawgeek.typepad.com /lawgeek/2004/01/zephoria_kulesh.html (2311 words)

	CoolCopyright \| Chapter 5 \| Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. (Site not responding. Last check: 2007-11-01)
		The Game Genie for the original Nintendo Entertainment System was initially developed in 1990, but its release was delayed almost three years by this lawsuit.
		The device worked by intercepting the data sent by the game cartridge to the NES and altering it per the specifications of the selected cheat codes.
		Starting at the top left and moving clockwise are the adapters for the Super Nintendo, the original NES, the Sega Genesis and the Nintendo Game Boy.
	www.coolcopyright.com /cases/chp5/galoobnintendo.htm (134 words)

	ILTweb: Legally Speaking: The NII Intellectual Property Report (Site not responding. Last check: 2007-11-01)
		Interestingly, the Report neglects to mention that this second Sony presumption was repudiated by the Supreme Court this spring in Campbell v.
		Nintendo, in which a fair use defense was successful because kids using Galoob's Game Genie had already tithed to Nintendo by buying its games, and Sega v.
		Quaid case, in which an appellate court ruled that sale of a program to "unlock" the copy- protection program sold by the plaintiff was not copyright infringement because copyright law gave owners of copies of copyrighted software rights to make backup copies of their software.
	www.ifla.org /documents/infopol/copyright/samp1.htm (5033 words)

	The LAW on Shrinkwrap Licensing -- WCarlS's comment on "When did the shrink-wrap era really end?" \| TalkBack on ZDNet
		For example, Galoob's Game Genie, which patches the software in Nintendo cartridges, does not infringe Nintendo's copyrights.
		``Having paid Nintendo a fair return, the consumer may experiment with the product and create new variations of play, for personal enjoyment, without creating a derivative work.'' Galoob v.
		Nintendo, 780 F. Supp 1283 (N.D. Cal. 1991), affirmed, 22 U.S.P.Q.2d 1587 (9th Cir.
	talkback.zdnet.com /5208-10535-0.html?forumID=1&threadID=14789&messageID=297565&start=-1 (637 words)

	[No title]
		For three reasons, appellants, although not formal parties in the district court, have standing to appeal in this case.
		The order is thus unconstitutionally vague, for "the perils posed by [its] indefinite language" allow appellants to avoid sanction "only by restricting their conduct to that which is unquestionably safe.
		Goguen, 415 U.S. It was a violation of due process for the district court to refuse to tell appellants if the order applied to them or not.
	waldo.jaquith.org /cp/replybr (2725 words)

	LawMeme - Do Third Party Pop-Up Ads Violate Copyright? (Site not responding. Last check: 2007-11-01)
		In Galoob, the audiovisual display was defined by the original game cartridge, not by the Game Genie; no one could possibly say that the data values inserted by the Game Genie described the audiovisual display.
		More significantly, Nintendo alleged only contributory infringement--that Galoob was helping consumers create derivative works; FormGen here alleges direct infringement by Micro Star, because the MAP files encompass new Duke stories, which are themselves derivative works.
		Much of this case has already been decided in Galoob v.
	research.yale.edu /lawmeme/modules.php?name=News&file=article&sid=296 (910 words)

	Chapter 6C - I.P. Protection of Digital Rights in the New Millennium
		In Lewis Galoob Toys, the seller of a video game accessory known as the ''Game Genie" filed an action seeking a declaratory judgment that it was not violating or contributing to the violation of the defendant's video game copyrights.
		Nintendo argued that the attachment of the Game Genie to its copyrighted works created a derivative work.
		The district court rejected Nintendo's argument, finding that a consumer utilizing the Game Genie for noncommercial, private enjoyment ''neither generates a fixed transferable copy of the work, nor exhibits or performs the work for commercial gain.'' The court explained,
	docs.law.gwu.edu /facweb/claw/ch6c.htm (9899 words)

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