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

964 F.2d 965 (1992), cert. denied 507 U.S. 985 (1993)

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

United States Court of Appeals for the Ninth Circuit

964 F.2d 965 (1992), cert. denied 507 U.S. 985 (1993)

Facts

Nintendo of America (Nintendo) (plaintiff) was the manufacturer of the Nintendo Entertainment System. The Nintendo Entertainment System was a game system that was activated when a game cartridge was inserted. The player could play a variety of games in which he controlled characters who could perform a variety of activities such as progressing through levels and collecting things. The games were copyrighted as audiovisual works. Lewis Galoob Toys (Galoob) (defendant) was the manufacturer of the Game Genie. The Game Genie was a device that was inserted between the game cartridge and the Nintendo Entertainment System and allowed the player to make alterations to the games. Such alterations included allowing the character to float or giving the character extra lives. Nintendo sued Galoob, claiming that the Game Genie created a derivative work based on Nintendo’s copyrighted work and that Galoob was therefore infringing on Nintendo’s copyright. The district court found that Galoob was not infringing on Nintendo’s copyright. Nintendo appealed to the Ninth Circuit.

Rule of Law

Issue

Holding and Reasoning (Farris, J.)

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