Sony Computer Entertainment America, Inc. v. Bleem, LLC

214 F.3d 1022 (2000)

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Sony Computer Entertainment America, Inc. v. Bleem, LLC

United States Court of Appeals for the Ninth Circuit
214 F.3d 1022 (2000)

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Facts

Sony Computer Entertainment America, Inc. (plaintiff) manufactured videogames designed to be used with its Sony PlayStation console. Meanwhile, Bleem, LLC (defendant) created a product, called a software emulator, that made it possible to use Sony videogames on a personal computer, which was capable of reaching a higher resolution than a Sony PlayStation console. To demonstrate the difference, Bleem used screenshots of Sony videogames in its advertising that compared the same scene as depicted on a Sony PlayStation console and a personal computer. Sony brought suit against Bleem, alleging copyright infringement and seeking a preliminary injunction to prevent Bleem from using the screenshots in its advertising. The district court entered a preliminary injunction in Sony’s favor after finding that Bleem’s use of the screenshots was not fair use. Bleem appealed.

Rule of Law

Issue

Holding and Reasoning (O’Scannlain, J.)

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