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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.