· 3/10/1987
Anthony James Frybarger v. International Business MacHines Corporation, Gebelli Software, Inc., and Nasir Gebelli
Citations
- 812 F.2d 525
- 2 U.S.P.Q. 2d (BNA) 1135
- 1987 U.S. App. LEXIS 3127
- 1987 Copyright L. Dec. (CCH) 26,073
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that there was no copyright infringement where two video games had similar features because the similar features were nonprotectable ideas
- concluding that there was no copyright infringement where two video games had similar features because the similar features were nonprotectable ideas
- holding that summary judgment for a defendant “is appropriate when plaintiff fails to make a sufficient showing that the . . . expressive elements of the works are substantially similar”
- finding no infringement where similarities in expression are “indispensable” due to “technical requirements” of the medium
- district court correctly concluded that similar features in videogames were unprotectable ideas and that no reasonable jury could find expressive elements substantially similar
- to extent that similarities between works were confined to ideas and general concepts, they were noninfringing
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Kozinski, Noonan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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