 On August 28, 1992, the Ninth Circuit overturned the district court's verdict and ruled that Accolade's decompilation of the Sega software constituted fair use.The court's written opinion followed on October 20 and noted that the use of the software was non-exploitative, despite being commercial, and that the trademark infringement, being required by the TMSS for a Genesis game to run on the system, was inadvertently triggered by a fair use act and the fault of Sega for causing false labeling.As a result of the verdict being overturned, the costs of the appeal were assessed to Sega.