"Other intermediate copies of the Sony BIOS made by Connectix, if they infringed Sony's copyright, do not justify injunctive relief," says the ruling (our italics). It simply states that the company's fair use of the PlayStation BIOS in the development of a non-infringing version of VGS. You'll note that the ruling doesn't specifically legitimise what Connectix did. Yesterday's judgement, however, claimed that Connectix engineers, having actually gone out and bought a PlayStation, had certain rights to access the BIOS under fair use law, and that since the final version of VGS doesn't contain the PlayStation BIOS, VGS doesn't infringe Sony's copyrights. That decision was centred on the District Court's acceptance of Sony's claim that Connectix used copies of the PlayStation BIOS in its VGS development programme. The Appeals Court ruling reverses a preliminary injunction granted to Sony last April. The judgement, made yesterday by the US Ninth Circuit Court of Appeals also paves the way for the release for the Windows version of the emulator, which was in development throughout 1999. Connectix has been granted the right to resume shipments of its Mac-based PlayStation emulator, Virtual Game Station (VGS), more than a year after Sony launched its copyright and intellectual property infringement case against the developer.
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