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Micro Star V. FormGen Inc.
''Micro Star v. FormGen Inc.'' 154 F.3d 1107 (9th Cir. 1998) is a legal case applying copyright law to video games, stopping the sales of a compilation of user-generated levels that infringed the copyright of ''Duke Nukem 3D.'' Micro Star downloaded the ''Duke Nukem 3D'' levels and re-packaged them as ''Nuke It'', after seeing their popularity on the internet. Micro Star filed suit in the United States District Court for the Southern District of California, asking for declaratory judgment that they had not infringed any copyright. Game publisher FormGen counter-sued, claiming that Micro Star created a derivative work based on ''Duke Nukem 3D'' and infringed their copyright. At the time, the most relevant case law was '' Lewis Galoob Toys, Inc. v. Nintendo of America, Inc.'' (1992), where the court found that the Game Genie did not infringe Nintendo's copyrights, because the device did not store any modified images in any concrete or permanent form. The district court found ...
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Alex Kozinski
Alex Kozinski (; born July 23, 1950) is a Romanian-American jurist and lawyer who was a judge on the U.S. Court of Appeals for the Ninth Circuit from 1985 to 2017. He was a prominent and influential judge, and many of his law clerks went on to clerk for U.S. Supreme Court justices. Kozinski's judicial career ended in 2017 when he retired after over a dozen of his former female law clerks and legal staffers accused him of sexual harassment and abusive practices. Kozinski had previously faced an ethics hearing over inappropriate sexual material. Early life Kozinski was born in July 1950 to a Romanian Jewish family in Bucharest, under the rule of the Romanian People's Republic. Both of his parents were Holocaust survivors. Kozinski's father, Moses, spent four years in Transnistrian concentration camps where tens of thousands of Jews perished. His mother, Sabine, lived through the war years in a Romanian ghetto. In 1958, Kozinski's parents applied to the Romanian government ...
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Lewis Galoob Toys, Inc
Lewis may refer to: Names * Lewis (given name), including a list of people with the given name * Lewis (surname), including a list of people with the surname Music * Lewis (musician), Canadian singer * " Lewis (Mistreated)", a song by Radiohead from ''My Iron Lung'' Places * Lewis (crater), a crater on the far side of the Moon * Isle of Lewis, the northern part of Lewis and Harris, Western Isles, Scotland United States * Lewis, Colorado * Lewis, Indiana * Lewis, Iowa * Lewis, Kansas * Lewis Wharf, Boston, Massachusetts * Lewis, Missouri * Lewis, Essex County, New York * Lewis, Lewis County, New York * Lewis, North Carolina * Lewis, Vermont * Lewis, Wisconsin Ships * USS ''Lewis'' (1861), a sailing ship * USS ''Lewis'' (DE-535), a destroyer escort in commission from 1944 to 1946 Science * Lewis structure, a diagram of a molecule that shows the bonding between the atoms * Lewis acids and bases * Lewis antigen system, a human blood group system * Lewis number, a dimens ...
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3D Realms
3D Realms Entertainment ApS is a video game publisher based in Aalborg, Denmark. Scott Miller founded the company in his parents' home in Garland, Texas, in 1987 as Apogee Software Productions to release his game '' Kingdom of Kroz''. In the late 1980s and early 1990s, the company popularized a distribution model where each game consists of three episodes, with the first given away free as shareware and the other two available for purchase. '' Duke Nukem'' was a major franchise created by Apogee to use this model, and Apogee published Commander Keen and Wolfenstein 3D the same way. Apogee began using the brand name 3D Realms for its 3D games in 1994, and in 1996 rebranded the company itself to 3D Realms to focus on traditionally-published 3D titles. ''Duke Nukem 3D'' (1996) was released under this name to great success. 3D Realms largely ceased its publishing and development operations afterwards to focus on two extensively delayed games: ''Prey'' (2006), which was under devel ...
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Cheating In Video Games
Cheating in video games involves a video game player using various methods to create an advantage beyond normal gameplay, usually in order to make the game easier. Cheats may be activated from within the game itself (a cheat code implemented by the original game developers), or created by third-party software (a game trainer or debugger) or hardware (a cheat cartridge). They can also be realized by exploiting software bugs. History The first cheat codes were put in place for play testing purposes. Playtesters had to rigorously test the mechanics of a game and introduced cheat codes to make this process easier. An early cheat code can be found in ''Manic Miner'', where typing "6031769" (based on Matthew Smith's driving license) enables the cheat mode. Within months of '' Wizardry: Proving Grounds of the Mad Overlord''s 1981 release, at least two commercial trainers appeared. 1983 advertisements for "The Great Escape Utility" for ''Castle Wolfenstein'' (1981) promised that th ...
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Video Game Livestreaming
The live streaming of video games is an activity where people broadcast themselves playing games to a live audience online. The practice became popular in the mid-2010s on the US-based site Twitch, before growing to YouTube, Facebook, China-based sites Huya Live, DouYu, and Bilibili, and other services. By 2014, Twitch streams had more traffic than HBO's online streaming service, HBO Go. Professional streamers often combine high-level play and entertaining commentary, and earn income from sponsors, subscriptions, ad revenue, and donations. Both AAA and indie developers have circumvented rising development costs by utilizing the free advertising live streaming provides. Independent titles such as '' Fall Guys'', '' Rocket League'', and '' Among Us'' are examples of games that have experienced a huge increase in player base as a result of streaming. Esports have also gained significant traction and attention from the accessibility of live streaming, and streaming has even be ...
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Machinima
Machinima () is the use of Real-time computing, real-time computer graphics engines to create a cinematic production. The word "Machinima" is a portmanteau of the words ''machine'' and ''Film, cinema''. According to Guinness World Records, machinima is the art of making Animation, animated narrative films from computer graphics, most commonly using the same Game engine, engines used by Video game, video games. Machinima-based artists, sometimes called Machinimists or Machinimators, are often fan laborers, by virtue of their re-use of copyrighted materials (see below). Machinima offers to provide an archive of gaming performance and access to the look and feel of software and hardware that may already have become obsolete or even unavailable. For game studies, "Machinima's gestures grant access to gaming's historical conditions of possibility and how machinima offers links to a comparative horizon that informs, changes, and fully participates in videogame culture." The practic ...
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Consent
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions used in such fields as the law, medicine, research, and sexual consent. Consent as understood in specific contexts may differ from its everyday meaning. For example, a person with a mental disorder, a low mental age, or under the legal age of sexual consent may willingly engage in a sexual act that still fails to meet the legal threshold for consent as defined by applicable law. United Nations agencies and initiatives in sex education programs believe that teaching the topic of consent as part of a comprehensive sexuality education is beneficial. Types of consent include implied consent, express consent, informed consent and unanimous consent. Types * An express consent is one that is unmistakably stated, rather than implied. It may be given in writing, e.g. contract, by speech (orally), or non-verbally, e.g. by a clear gestu ...
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Video Game Modding
Video game modding (short for "modifying") is the process of alteration by players or fans of one or more aspects of a video game, such as how it looks or behaves, and is a sub-discipline of general ''modding''. A set of modifications, commonly called a ''mod'', may range from small changes and tweaks to complete overhauls, and can extend the replay value and interest of the game. Modding a game can also be understood as the act of seeking and installing mods to the player's game, but the act of tweaking pre-existing settings and preferences is not truly modding. Mods have arguably become an increasingly important factor in the commercial success of some games, as they add depth to the original work, and can be both fun for players playing the mods and as a means of self-expression for mod developers. People can become fans of specific mods, in addition to fans of the game they are for, such as requesting features and alterations for these mods. In cases where mods are very popu ...
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Duke Nukem (character)
Duke Nukem is a fictional character and protagonist of the ''Duke Nukem'' video game series. The character first appeared in the 1991 video game ''Duke Nukem,'' developed by Apogee Software. He has since appeared in multiple sequels and spin-offs, as well appearing in various games not in the series. Most recently, he starred in '' Duke Nukem Forever'', released by Gearbox Software, which now owns the intellectual property rights to the series and the character. The character was created by Todd Replogle, Allen Blum III, George Broussard, and Scott Miller of Apogee Software. He was redesigned as an action-hero by George Broussard and Allen Blum for the 1996 game ''Duke Nukem 3D''. Conception and design While working on a title originally called "Metal Future", Apogee Software founder Scott Miller expressed his disdain for the title, feeling it should be named after a protagonist instead, taking inspiration from American comic books. He suggested the name Duke "because it's a ...
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Exclusive Right
An exclusive right, or exclusivity, is a ''de facto'', non-tangible prerogative existing in law (that is, the power or, in a wider sense, right) to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. Exclusive rights are a form of monopoly. Exclusive rights can be established by law or by contractual obligation, but the scope of enforceability will depend upon the extent to which others are bound by the instrument establishing the exclusive right; thus in the case of contractual rights, only persons that are parties to a contract will be affected by the exclusivity. Exclusive rights may be granted in property law, copyright law, patent law, in relation to public utility, public utilities, or, in some jurisdictions, in other ''sui generis'' legislation. Many scholars argue that such rights form the basis for the concepts of property (ownership right), property and ownership. Privately granted ri ...
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Appellate Court
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of the deference it will give to the lower court's decision, based on ...
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Appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" (Intransitive verb, intransitive) or "appeals" (Transitive verb, transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the app ...
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