Because the ninth circuit ruled the exact opposite. In Sony v Connectix, the 9th curcuit ruled that if the use was fair, then the defendant (Connectix) was entitled to do so in the most expedient manner, which in that case was making a perfect digital copy of the entire work (the playstation bios rom).
Because the ninth circuit ruled the exact opposite. In Sony v Connectix, the 9th curcuit ruled that if the use was fair, then the defendant (Connectix) was entitled to do so in the most expedient manner, which in that case was making a perfect digital copy of the entire work (the playstation bios rom).