An inauspicious second entry.

Feb 06, 2011 16:40

This is esoteric as all hell, but I have to share it.

So if you know me, you know I'm doing that whole law school thing. I'm in my second year, and I'm heavily focused on intellectual property law -- especially copyright, and especially pertaining to the music and videogame industries. That's the first piece of information setting up this entry. The second piece is that I don't give a crap about professional sports, which is why I'm spending the Superbowl reading about music and videogame law! Specifically, I just finished this case.

Micro Star v. FormGen Inc.
United States Court of Appeals, Ninth Circuit, 1998
154 F.3d 1107

Duke Nukem routinely vanquishes Octabrain and the Protozoid Slimer. But what about the dreaded Micro Star?

Yes, the judge actually opens up his opinion with that line. Another nugget:

The fair use defense will be much less likely to succeed when it is applied to fiction or fantasy creations, as opposed to factual works such as telephone listings. See United Tel. Co. v Johnson Publ’g Co., 855 F.2d 604, 609 (8th Cir. 1988); see also Stewart v. Abend, 495 U.S. 207, 237 (1990). Duke Nukem’s world is made up of aliens, radioactive slime and freezer weapons-clearly fantasies, even by Los Angeles standards.

I love Kozinski. He makes the law worth reading.

Okay, back to ignoring the Steelers to the chagrin of all my Pittsburgh pals. :3
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