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SONY COMPUTER ENTERTAINMENT AMERICA v. BLEEM

No. 99-17137.

214 F.3d 1022 (2000)

SONY COMPUTER ENTERTAINMENT AMERICA, INC., a Delaware corporation, Plaintiff-Appellee, v. BLEEM, LLC, Defendant-Appellant, and David Herpolsheimer; Jaime Felix, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed May 4, 2000

As Amended on Denial of Rehearing and Rehearing July 10, 2000

Attorney(s) appearing for the Case

Jonathan Hangartner (argued), Del Mar, California; Edward I. Silverman, Procopio, Cory, Hargreaves & Savitch, San Diego, California, for the defendant-appellant.

James G. Gilliland (argued), Jennifer Y. Liu, Townsend & Townsend & Crew; Scott D. Baker, Ezra Hendon, Crosby Heafey Roach & May, San Francisco, California; Riley R. Russell, Sony Computer Entertainment America, Foster City, California, for the plaintiff-appellee.

Before: O'SCANNLAIN, LEAVY, and RYMER, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc July 10, 2000*

O'SCANNLAIN, Circuit Judge:

We must decide whether the unauthorized use of a "screen shot"—a frozen image from a personal video game—falls within the fair use exception to the law of copyright.

I

Personal video games come in two basic varieties: console games and PC games. Console games are played by loading a game disk into a...

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