Lewis Galoob Toys, Inc. v. Nintendo Of America, Inc.

964 F.2d 965 (9th Cir. 1992)

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Nature of the Case

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Facts

The Nintendo Entertainment System is a home video game system marketed by P. The player inserts a cartridge containing a video game that Nintendo produces or licenses others to produce. By pressing buttons and manipulating a control pad, the player controls one of the game's characters and progresses through the game. The games are protected as audiovisual works under § 102(a)(6). The Game Genie is manufactured by D and allows the player to alter up to three features of a P game. It can 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. The Game Genie functions by blocking the value for a single data byte sent by the game cartridge to the central processing unit in the Nintendo Entertainment System and replacing it with a new value. The Game Genie is inserted between a game cartridge and the Nintendo Entertainment System. The Game Genie does not alter the data that is stored in the game cartridge. Its effects are temporary. P sued D alleging that D's product was a derivative work based on P’s copyrighted work. The court found for D and P appealed.