Lewis Galoob Toys, Inc. v. Nintendo of America, Inc.
Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. (Ninth Circuit Court of Appeals, 1992) was a court case which established the rights of users to modify copyrighted works for their own use. Galoob manufactured a product called Game Genie, which allowed users to modify video games by entering in certain codes. (For example, a code might make the player invincible by replacing the user's health number with an extremely large number.) Nintendo, which sold a video game system and video games that could be modified by Game Genie, sued Galoob for copyright infringement, arguing that Game Genie made a derivative work, violating Nintendo's copyright in their video game. The Court denied Nintendo's motion for a preliminary injunction, holding that Game Genie did not create a derivative work and also suggesting that even if it did, it might well be fair use. As the district court wrote, "Having paid Nintendo a fair return, the consumer may experiment with the product and create new variations of play, for personal enjoyment, without creating a derivative work." See also Foresight v. Pfortmiller, 719 F. Supp 1006 (D. Kan. 1989).
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