(This is an archived case summary.)
C&E Inc. produced the SuperUFO, a device which plugs into Nintendo game consoles and allows the user to format disks, copy games and play copied games. Nintendo brought an application for a preliminary injunction barring C&E from producing or distributing the SuperUFO.
Upon a review of the application, the court held that there were substantially no non-infringing uses for a game-copying device such as the SuperUFO. The non-infringing uses could easily be performed on a personal computer and at a price of $420 it was not foreseeable that anyone would purchase the SuperUFO to perform these basic functions. It was also held that copying a game from a cartridge to a disc created a derivative work, a right that was specifically reserved to Nintendo. For this reason it was held that Nintendo's copyright claims were likely to succeed and a preliminary injunction was granted.
Nintendo of America, Inc. v. Computer & Entertainment Inc.
1996, US Dist. Ct., D. Wash..
US Dist. LEXIS 20975
Keywords: SuperUFO – copyright – derivative work – injunction
Summary by: Adam Nott