ACCOLADE APPLAUDS APPELLATE COURT DECISION IN SEGA VS. ACCOLADE SAN JOSE, CA -- AUGUST 31, 1992 -- Accolade, Inc. today announced that the Ninth Circuit Court of Appeals has dissolved the injunction which prevented it from developing, manufacturing or selling video games that are compatible with Sega's Genesis system. On Friday, August 28, the Ninth Circuit issued a brief, unanimous order, in the landmark Sega vs. Accolade case, throwing out the District Court's injunction, which was issued in April of this year. The order also noted that an opinion specifying the reasons for the Court's decision would be issued in the future. Accolade Chairman Alan R. Miller, applauding the Ninth Circuit's decision, stated, "I'm tremendously pleased by the Court's confirmation of Accolade's position in our dispute with Sega. We were convinced that the actions Accolade took to study the interface requirements of Sega's Genesis game system were perfectly proper and thoroughly in accord with standard industry practice. Although the Ninth Circuit's final opinion has not yet been issued, we have every reason to believe that the opinion will support our position on both the copyright and trademark issues and vindicate our reverse engineering activities." In its lawsuit, Sega alleged that its copyright and trademarks were infringed when Accolade studied a Sega Genesis game system and several game cartridges to learn how to make Accolade games compatible with the system. Specifically, Sega claimed that Accolade illegally copied its software during its reverse engineering. Reverse engineering is a widely used method of studying how a product operates in order to develop products that are interoperable with it. Accolade argued that its actions were protected by law and legal precedents, which encourage the study of ideas and functional elements in copyrighted information. No previous case has held that the mere disassembly of computer programs, including the making of copies for the purposes of analysis of interface specifications, constitutes a copyright infringement where the final product is not "substantially similar" to the original program. "Sega has never claimed that Accolade's game programs are 'substantially similar' to Sega's, because they are not," said Miller. "The impact of the Court's order on Accolade's business will be very positive," stated Miller. "Now that the injunction against our line of Sega Genesis-compatible products has been overturned, we look forward to returning to our previous position behind Electronic Arts as the second leading independent publisher of Sega Genesis compatible products." Miller continued, "I want to publicly acknowledge and applaud the excellent counsel and representation we have received in this case from the law firm of Gibson, Dunn & Crutcher. The litigation team of Bill Coats, Rex Heinke, David Shannon, Heather Rafter, Kelli Sager, and Pat Scatena from the firm's San Jose, San Francisco, and Los Angeles offices, and their staffs, have my thanks and admiration. And throughout this litigation, the assistance of our longtime corporate counsel, Doug Neilsson of Gibson, Dunn's San Jose office, has been invaluable. "I especially want to thank the groups who recognized the importance of our case and joined in our appeal of the district court decision as amicus curia. These include the American Committee for Intel-operable Systems (ACIS), eleven distinguished professors of copyright law, and the Computer and Communications Industry Association (CCIA). The briefs from these groups undoubtedly made a significant contribution to this important decision. All of the information technology industries owe them a vote of thanks." Accolade, with headquarters in San Jose, California, is a leading developer and marketer of entertainment software for IBM-compatible, Macintosh, and Amiga personal computers and is a licensed developer and marketer of video game software for Nintendo and NEC video game systems. Accolade Inc, 5300 Stevens Creek Blvd, San Jose, CA 95129 408-985-1700, fax: 408-246-1053 +---------------------------------------------------------------+ | From the America Online - New Product Information Services | +===============================================================+ | This information was processed from data provided by the | | above mentioned company. For additional details, contact the | | company at the address or telephone number indicated above. | | All submissions for this service should be addressed to | | BAKER ENTERPRISES, 20 Ferro Drive, Sewell, NJ 08080 U.S.A. | +---------------------------------------------------------------+