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The case was SEGA v. Accolade, but the lockout system on the Genesis worked on the same legal theory (e.g. induced trademark infringement equals Doctorowian[0]
by kmeisthax 3y ago
The case was SEGA v. Accolade, but the lockout system on the Genesis worked on the same legal theory (e.g. induced trademark infringement equals Doctorowian[0] interpretations of "intellectual property"[1]). For the Game Boy, the problem was that Taiwan[2] didn't have a copyright treaty with Japan, but they did have a trademark treaty, so if you induced pirates to commit a trademark violation you could get them with something. Same idea, but the jurisdiction is different, so all the existing case law about not turning trademark into mutant perpetual copyright wouldn't apply here.
[0] "Intellectual property is any law that allows you to dictate the conduct of your competitors." - Cory Doctorow, paraphrased
[1] Yes, it's a shitty made-up term to make you confuse four different kinds of law, no I don't care. There's enough negative sentiment around "intellectual property" these days that the Stallmanian position sounds like a defense of it now.
[2] It's a country, get over it