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The case Micro Star v. FormGen Inc. 154 F.3d 1107 (9th Cir. 1998) is a California court case in which United States Court of Appeals for the Ninth Circuit overruled the district court's decision in favor of the defendant, FormGen Inc. against the plaintiff, Micro Star on the issue of the fair use of the user-created levels for the video game Duke Nukem 3D, which is owned by FormGen Inc.. This case established that audiovisual display can be copyrightable in certain circumstances. [1]
Quick Facts Micro Star v. FormGen Inc., Court ...
Micro Star v. FormGen Inc. | |
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Court | United States Court of Appeals, Ninth Circuit |
Full case name | MICRO STAR v. FORMGEN INC., a corporation; GT Interactive Software Corp.; 3D Realms Entertainment, aka 3D Realms Entertainment.' |
Argued | November 4 1997 |
Decided | September 11 1998 |
Citation | 154 F.3d 1107 |
Case history | |
Prior history | Micro Star v. FormGen Inc., No. CV 96-3435 H(CM) (C.D. Cal. Sept. 30, 1996) |
Holding | |
Micro Star infringed FormGen's copyright by creating unauthorized derivative works that were not a fair use | |
Court membership | |
Judges sitting | Alex Kozinski, David R. Thompson, Stephen S. Trott |
Case opinions | |
Majority | Alex Kozinski |
Laws applied | |
17 U.S.C. § 103,§ 106, § 107 |
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