3 ms·

Hm, wouldn't this require an overturning of Atari vs. Nintendo[0] or something like that? [0] https://en.wikipedia.org/wiki/Atari_Games_Corp._v._Nintendo_of_Am

• gpm 6y ago
  I don't think so, because - That case was heard by the federal circuit, and if I recall the rules regarding that curious circuit correctly (no guarantees) anything unrelated to patents is not binding precedent on any court. - That case just decided that it wasn't copyright misuse to do something vaguely like this, not that it didn't violate any of the various anti-trust acts. While the reason for the case is similar the law being argued looks to be entirely different. - That case wasn't decided based on legal principles, but because Atari lied and cheated "Atari's copyright misuse defense was precluded by the doctrine of unclean hands, as Atari had lied to the Copyright Office to obtain an unauthorized copy of the 10NES." (I only know what the wikipedia article says about the case)