 To resolve this issue, the court referred back to with Galoob v. Nintendo.In Galoob v. Nintendo, the court rejected Nintendo's request of a preliminary injunction because "[a] derivative work must incorporate a protected work in some concrete or permanent form, and the audiovisual displays generated in the process were not contained in any permanent form".In this case, the audiovisual displays generated from D/N-3D with N/I MAP files were contained in the user-created MAP files.