Access to Video Games: Methods of Operation

Here’s hoping that the Sixth Circuit, in the Battle.net case, takes a cue from the Seventh Circuit, which recently issued this sensible opinion in Incredible Technologies v. Virtual Technologies. The Seventh Circuit’s bottom line is that the defendant copied how you play video golf, and how you play video golf involves unprotectable methods of operation and scenes a faire. Welcome back to Section 102(b) of the Copyright Act, and to Lotus v. Borland!

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