SONY COMPUTER ENTERTAINMENT v. CONNECTIX CORP.

No. 99-15852.

203 F.3d 596 (2000)

SONY COMPUTER ENTERTAINMENT, INC., a Japanese corporation; Sony Computer Entertainment America, Inc., a Delaware corporation, Plaintiffs-Appellees, v. CONNECTIX CORPORATION, a California corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 10, 2000.


Attorney(s) appearing for the Case

William S. Coats, III, Howrey & Simon, Menlo Park, California, for the defendant-appellant.

Ezra Hendon, Crosby, Heafey, Roach & May, Oakland, California; James G. Gilliland, Jr., Townsend and Townsend and Crew, San Francisco, California, for the plaintiffs-appellees.

Annette L. Hurst, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, San Francisco, California, for amicus Institute for Electrical and Electronics Engineers-USA. Peter M.C. Choy, American Committee for Interoperable Systems and Computer & Communications Industry Association. Mark Lemley, University of Texas at Austin, Austin, Texas, for amicus Law Professors. Steven J. Metalitz, Smith & Metalitz, Washington, DC, for amici Nintendo of America, Inc., Sega of America, Inc., and 3dfx Interactive.

Before: CHOY, CANBY, Jr. and SILVERMAN, Circuit Judges.


CANBY, Circuit Judge:

In this case we are called upon once again to apply the principles of copyright law to computers and their software, to determine what must be protected as expression and what must be made accessible to the public as function. Sony Computer Entertainment, Inc., which brought this copyright infringement action, produces and markets the Sony PlayStation console, a small computer with hand controls that connects to a television console and plays...

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