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US District Court chucks out request for sales suspension

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Bleem, the company that makes the Windows-based PlayStation emulator of the same name, appears to have beaten back Sony's latest attempt to force it to stop shipping product. According to the emulator developer, Sony launched last Friday a second request for a temporary restraining order against it. The first attempt, made last month, was denied, and yesterday US District Court Judge Charles Legge through out the second try. Bleem said the decision clears the way for it to begin shipping its eponymous emulator in earnest. Still, it shouldn't rest easy. Only nine days ago, Legge rules that fellow emulator developer Connectix, creator of the Mac-based PlayStation emulator, Virtual GameStation (VGS), does have to cease shipping product pending Sony's main case against it (see Sony wins second victory). Sony claims Connectix violated its intellectual property in the development of VGS, and the emulator promotes software piracy. Connectix denies all charges. Sony accuses Bleem of similar transgressions. Bleem's second victory should give heart to Connectix, which is preparing its appeal against Legge's earlier decision. That said, without seeing Legge's precise ruling in each case, it's difficult to say whether his decisions are based on fundamental differences in each company's case -- was Bleem better able to show cleaner engineering principles than Connectix? -- or he has failed to fully appreciate the technical issues. Certainly, the ruling against Connectix seems unfair in the light of yesterday's decison. ®

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