SEGA ENTERPRISES LTD. v. ACCOLADE, INC.

No. 92-15655.

977 F.2d 1510 (1992)

SEGA ENTERPRISES LTD., a Japanese corporation, Plaintiff-Appellee, v. ACCOLADE, INC., a California corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 20, 1992.

As Amended January 6, 1993.


Attorney(s) appearing for the Case

William S. Coats, Gibson, Dunn & Crutcher, San Francisco, Cal., for defendant-appellant.

Joel Linzner, Crosby, Heafey, Roach & May, Oakland, Cal., for plaintiff-appellee.

Dennis S. Karjala, Arizona State University, Tempe, Ariz., for amicus curiae Copyright Law Professors.

Peter M.C. Choy, American Committee for Interoperable Systems, Mountain View, Cal., for amicus curiae American Committee for Interoperable Systems.

John Haven Chapman, Chapman, Moran, Hubbard, Glazer & Zimmerman, Stamford, Conn., Thomas N. White, Santa Clara, Cal., for amicus curiae Computer and Communications Industry Ass'n.

Morton David Goldberg, Schwab, Goldberg, Price & Dannay, New York City, for amicus curiae Computer & Business Equipment Mfrs. Ass'n, et al.

Before: CANBY, REINHARDT, and LEAVY, Circuit Judges.


REINHARDT, Circuit Judge:

This case presents several difficult questions of first impression involving our copyright and trademark laws.1 We are asked to determine, first, whether the Copyright Act permits persons who are neither copyright holders nor licensees to disassemble a copyrighted computer program in order to gain an understanding of the unprotected functional elements of the program...

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