Question 3:

Evaluate the following case and give your judgment (who should win the case and why?)

In July 1998 Connectix started the development of the Virtual Game Station (as a Macintosh software)

application that emulates Sony's popular PlayStation video games console's hardware and firmware.

This would make it possible for VGS users to play games developed for the PlayStation on Macintosh

hardware,

with plans to release a Windows PC compatible version at a later date. Connectix's

development strategy was based upon reverse engineering the PlayStation's BIOS firmware, first by

using the unchanged BIOS to develop emulation for the hardware, and then by developing a BIOS of

their own using the original firmware as an aid for debugging. During the development work, Connectix

contacted Sony, requesting "technical assistance" for completing the VGS, but this request was

eventually declined in September 1998.

The Video Game Station development reached completion in December 1998 with the software being

commercially released in the following month, January 1999. Sony perceived the VGS as a threat to

its video game business, and filed a complaint alleging copyright infringement as well as violations of

intellectual property against Connectix.

In addition to giving your judgment about the case, please include in your discussion what factors

should be considered to assess whether a software has infringed copyright of another software?