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Akamai Technologies, Inc. v. Limelight Networks, Inc., 797 F.3d 1020 (Fed. Cir. 2015), [1] is a 2015 en banc decision of the United States Court of Appeals for the Federal Circuit, on remand from a 2014 decision of the U.S. Supreme Court reversing a previous Federal Circuit decision in the case.
Universal appealed the verdict to the United States Court of Appeals for the Second Circuit.Nintendo and Universal argued the appeals case on May 23, 1984. As evidence of consumer confusion, Universal presented the results of a telephone survey of 150 managers and owners of arcades, bowling alleys, and pizza restaurants who owned or leased Donkey Kong machines.
The Galoob decision continues to influence legal discussions of fair use of copyrighted video game content, such as how to apply the principle of permanency to a live stream or Let's Play. [22] By deterring companies from being overly litigious, the case was essential to the future of video game modding in the United States and globally. [3]
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Also distinguishing the case from Kelly, the court noted that in 2005 Perfect 10 leased the right to distribute reduced-size versions of its images for use on cell phones to Fonestarz Media Limited, putting it in direct competition with Google's thumbnails. Therefore, the court ruled that this factor "weigh[ed] slightly in favor" of Perfect 10.
In agreeing to settle the case, the utility didn't admit to any of the plaintiffs' accusations. Instead, it established a $57.5-million fund to cover the settlement.