Sega v. Maphia

According to the April 7, 1994 "BNA's Patent, Trademark & Copyright Journal," Judge Wilken (federal district court, northern district of california) recently upheld a preliminary injunction against a bulletin board system that apparently permitted subscribers to upload and download "copies" of Sega games.

The court apparently determined that Sega established a prima facie case of contributory infringement against the board's operator as to the uploading and downloading of the games.

According to the court:

"Even if the Defendants do not know exactly when games will be uploaded to or downloaded from the MAPHIA bulletin board, their role in the copying, including provision of facilities, direction, knowledge and encouragement, amounts to contributory infringement."

Sega Enterprises v. Maphia, No. C 93-4262 (CW), (N.D. Cal. March 28, 1994). The court cites the recent Playboy v. Frena decision in support of this proposition.

I have not read the opinion closely, but thought it would be of interest to this list. (I also posted to CYBERIA-L). The opinion addresses several other interesting issues as well, as the BNA piece relates.

Jon Fine
fine+atwain%debevoise_&_plimpton[_at_]mcimail.com Received on Thu Apr 14 1994 - 23:18:56 GMT