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Various crossover games bring in characters, settings and other elements from other video games commonly outside of the publisher's IP realm, such as in the case of the Super Smash Bros. series. This type of licensing tends to pose an issue for the retention and preservation of video games particular on digital download services.
The earliest video game case law had protected the designs in Galaxian and Pac-Man. But later cases such as Data East USA, Inc. v. Epyx, Inc. found that it is permissible to make a video game clone with similar ideas and principles as another game, since copyright does not protect an idea, only the specific expression of that idea. A trial ...
The greatly increasing box sizes may have been justified in some cases. Games such as flight simulators came with extremely large, thick manuals. Others came with elaborate copy-protection systems such as Zool's circular code wheel, or even a hardware dongle (although these were generally more common on expensive non-game software).
Frosty Treats, Inc. v. Sony Computer Entertainment America, Inc., 426 F.3d 1001 (8th Cir. 2005), [1] is a trademark case in which the United States Court of Appeals for the Eighth Circuit held that the name of one of the largest ice cream truck franchise companies in the United States was neither distinctive nor famous enough to receive protection against being used in a violent video game.
In some cases, the developers of these fan games have repurposed their work into new projects. In the case of No Mario's Sky, a mashup of Super Mario Bros. and No Man's Sky, after Nintendo sought to terminate the project, the Mario content was stripped and the game was renamed as DMCA's Sky. [33]
The video game rental market continued to grow, and by 2008, Blockbuster was earning over $200 million in annual revenue from video game rentals. [13] However, the company began to suffer losses due to competition from video on demand services, Redbox automated kiosks , and mail order services such as Netflix , leading Blockbuster to file for ...