 Micro Star claimed that N/I MAP files were not derivative works, as they only referred to, but did not contain any art files from D/N-3D, and that as a result, no reproduction of D/N-3D content took place.Micro Star also argued that any use of D/N-3D's protected expression constituted fair use.Micro Star suggested that the court evaluate the fair use claim from the player's perspective, as the player created the derivative work.