 Such an injunction would also preserve the preliminary injunction it already won on the barring the use of D/N-3D screenshots in the N/I package.The first issue the court needed to resolve was if N/I should be considered as a derivative work of D/N-3D.The Copyright Act defines a derivative work as 

a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.