Sega Enterprises Ltd v Accolade Inc. (1993, 9th us circuit): Reverse engineering a defense to copyright infringement?

Abstract

The United States Court of Appeals for the Ninth Circuit is regarded by many as one of the more progressive courts in the country. Because it encompasses California and its ‘Silicon Valley’, the Ninth Circuit has been especially active in the law governing computers and related technology.[1] The Court's recent decision in Sega Enterprises Ltd v. Accolade Inc.[2] has already added considerably to its reputation as a progressive court, and has evoked considerable response from the bar. Yet, a closer analysis reveals that the Sega decision does not fundamentally change United States copyright law. Instead, the decision represents a reasoned approach to a complex problem of copyright law, a problem that the court itself analogized to trying “to fit the proverbial square peg into a round hole”.[3]