On Thursday, the video game industry won a significant battle in a longstanding controversy over the breeding of tattoos in sports video games. The situation involved a copyright action brought by Strong Oak Sketches Inc. to enforce exclusive rights obtained from NBA 2K MT Coins musicians that failed tattoo work for LeBron James, Kenyon Martin and Eric Bledsoe. To best understand the importance of Judge Swain's decision, it is necessary to unpack every finding, beginning with the degree of copying. To maintain a copyright action, the plaintiff must include in their asserts enough evidence to show that the defendant copied their work and the copy is substantially similar to the initial creation. For a copy to qualify as substantially similar under the Copyright Act, the similarities between the functions must be greater than de minimis (i.e. minuscule). Judge Swain discovered that the level of copying in this case fell below the threshold of substantial copying. In reaching this decision, Judge Swain utilized the ordinary observer test, which requires the court to consider whether a lay person would understand that the reproduction substantially copied and made use of the plaintiff's copyright protected work. The court held that no reasonable lay person could conclude that the tattoos featured within the game are substantially-similar to those featured on the bodies of the real players. In encouraging this holding, Judge Swain found the images of these tattoos were distorted to a degree and were too small in scale to matter (a mere 4.4percent to 10.96% of the size of the actual things). Not just that, but just three from 400 players featured in the game had tattoos which were at controversy. For Buy MT 2K21 the courtroom, that quantity of replicating qualified as de minimis rather than substantial.