 To prove copyright infringement, FormGen needed to demonstrate that there were significant similarities between D/N-3D's and N/I's audiovisual displays in both ideas and expressions.The court concluded that FormGen would certainly succeed because D/N-3D and N/I share the same art library.Even though N/I MAP files only refer to the source art library, and do not contain any part of it, nevertheless they do infringe the underlined story in D/N-3D, where "a masculine hero figure named Duke fights against alien predators on the a post-Apocalyptic Los-Angeles-like environment."