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Sega V. Accolade
''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 disassembled Genesis software in order to publish games without being licensed by Sega, the case involved several overlapping issues, including the scope of copyright, permissible uses for trademarks, and the scope of the fair use doctrine for computer code. The case was filed in the U.S. District Court for the Northern District of California, which ruled in favor of Sega and issued an injunction against Accolade preventing them from publishing any more games for the Genesis and requiring them to recall all the existing Genesis games they had for sale. Accolade appealed the decision to the Ninth Circuit on the grounds that their r ...
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Stephen Reinhardt
Stephen Roy Reinhardt (born Stephen Roy Shapiro; March 27, 1931 – March 29, 2018) was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit, with chambers in Los Angeles, California. He was the last federal appeals court judge in active service to have been appointed by President Jimmy Carter. In 2020, after Judge Reinhardt's death, a staff attorney at the Center for Death Penalty Litigation in Durham, North Carolina testified before the Subcommittee on Courts, Intellectual Property, and the Internet that Judge Reinhardt had sexually harassed her while she worked for him as a law clerk; her testimony described her efforts to report the harassment. Early life, education, and practice Reinhardt was born Stephen Roy Shapiro into a Jewish family in New York City, to lawyer Samuel Shapiro, and Silvia Handelsman. Reinhardt changed his name after his mother divorced his father and married film director and producer Gottfried Reinhardt. Reinhardt gra ...
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Fair Use
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in the Anglo-American common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied ...
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PC Game
A personal computer game, also known as a PC game or computer game, is a type of video game played on a personal computer (PC) rather than a video game console or arcade machine. Its defining characteristics include: more diverse and user-determined gaming hardware and software; and generally greater capacity in input, processing, video and audio output. The uncoordinated nature of the PC game market, and now its lack of physical media, make precisely assessing its size difficult. In 2018, the global PC games market was valued at about $27.7 billion. Home computer games became popular following the video game crash of 1983, leading to the era of the "bedroom coder". In the 1990s, PC games lost mass-market traction to console games, before enjoying a resurgence in the mid-2000s through digital distribution on services such as Steam and GOG.com. Newzoo reports that the ''PC gaming sector'' is the third-largest category (and estimated in decline) across all platforms , with the ' ...
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Nintendo
is a Japanese Multinational corporation, multinational video game company headquartered in Kyoto, Japan. It develops video games and video game consoles. Nintendo was founded in 1889 as by craftsman Fusajiro Yamauchi and originally produced handmade playing cards. After venturing into various lines of business during the 1960s and acquiring a legal status as a public company, Nintendo distributed its first console, the Color TV-Game, in 1977. It gained international recognition with the release of ''Donkey Kong (video game), Donkey Kong'' in 1981 and the Nintendo Entertainment System and ''Super Mario Bros.'' in 1985. Since then, Nintendo has produced some of the most successful consoles in the video game industry, such as the Game Boy, the Super Nintendo Entertainment System, the Nintendo DS, the Wii, and the Nintendo Switch, Switch. It has created numerous major franchises, including ''Mario (franchise), Mario'', ''Donkey Kong'', ''The Legend of Zelda'', ''Pokémon'', '' ...
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Trademark Infringement
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services. If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention. In the United States, a cause of action ...
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Berne Convention For The Protection Of Literary And Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, crossing border system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are being referred to as copyright. The United States became a party in 1989. As of November 2022, the Berne Convention has been ratified by 181 states out of 195 countries in the world, most of which are also parties to the Paris Act of 1971. The Berne Convention introduced the concept that pro ...
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Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast, and the Philippines to the south. The territories controlled by the ROC consist of 168 islands, with a combined area of . The main island of Taiwan, also known as ''Formosa'', has an area of , with mountain ranges dominating the eastern two-thirds and plains in the western third, where its highly urbanised population is concentrated. The capital, Taipei, forms along with New Taipei City and Keelung the largest metropolitan area of Taiwan. Other major cities include Taoyuan, Taichung, Tainan, and Kaohsiung. With around 23.9 million inhabitants, Taiwan is among the most densely populated countries in the world. Taiwan has been settled for at least 25,000 years. Ancestors of Taiwanese indigenous peoples settled the isla ...
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Southeast Asia
Southeast Asia, also spelled South East Asia and South-East Asia, and also known as Southeastern Asia, South-eastern Asia or SEA, is the geographical United Nations geoscheme for Asia#South-eastern Asia, south-eastern region of Asia, consisting of the regions that are situated south of mainland China, east of the Indian subcontinent, and north-west of mainland Australia. Southeast Asia is bordered to the north by East Asia, to the west by South Asia and the Bay of Bengal, to the east by Oceania and the Pacific Ocean, and to the south by Australia (continent), Australia and the Indian Ocean. Apart from the British Indian Ocean Territory and two out of atolls of Maldives, 26 atolls of Maldives in South Asia, Maritime Southeast Asia is the only other subregion of Asia that lies partly within the Southern Hemisphere. Mainland Southeast Asia is completely in the Northern Hemisphere. East Timor and the southern portion of Indonesia are the only parts that are south of the Equator. Th ...
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Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet ...
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Video Game Console
A video game console is an electronic device that Input/output, outputs a video signal or image to display a video game that can be played with a game controller. These may be home video game console, home consoles, which are generally placed in a permanent location connected to a television or other display devices and controlled with a separate game controller, or handheld game console, handheld consoles, which include their own display unit and controller functions built into the unit and which can be played anywhere. Hybrid consoles combine elements of both home and handheld consoles. Video game consoles are a specialized form of a home computer geared towards video game playing, designed with affordability and accessibility to the general public in mind, but lacking in raw computing power and customization. Simplicity is achieved in part through the use of game cartridges or other simplified methods of distribution, easing the effort of launching a game. However, this leads ...
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Hayao Nakayama
is a Japanese businessman and was the former President and CEO of Sega Enterprises, Ltd from 1983 to 1999. Early life and career Nakayama was born into a family of doctors, and was expected to pursue medicine as a career. However, Nakayama decided to drop out of college and not to pursue medicine further. Through an advertisement in a newspaper, Nakayama found a job as a jukebox leasing salesman for the V&V Hifi Trading Company. He rose to head of a new sales department at V&V, but when the company would not take his advice to begin distributing arcade games, Nakayama left with four of his salesmen to form a company called Esco Trading in 1967. Esco served as a distributor of coin-operated amusements and represented both smaller domestic factories that did not have their own distribution network and foreign manufacturers looking to place their games in Japan. Sega Enterprises, Ltd. was one of its suppliers. Career with Sega In 1979, Esco Trading was purchased by Sega, then ...
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