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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)
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
Holding and Reasoning (O’Scannlain, J.)
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