 1998) is a California court case in which United States Court of Appeals for the Ninth Circuit overruled the district court's decision in favor of the plaintiff, FormGen Inc. against the defendant, Micro Star on the issue of the fair use of the user-created levels for the video game "Duke Nukem 3D", which is owned by FormGen Inc.This case established that audiovisual display can be copyrightable in certain circumstances.FormGen Inc, GT Interactive Software Corp. and Apogee Software, Ltd. (collectively FormGen) made "Duke Nukem 3D" ("D/N-3D"), a 3D first-person perspective video game.