The case Micro Star v. FormGen Inc. 154 F.3d 1107 (9th Cir. 1998) is a legal case applying copyright law to video games, stopping the sales of a compilation of user-generated levels that infringed the copyright of Duke Nukem 3D. Micro Star downloaded the Duke Nukem 3D levels and re-packaged them as Nuke It, after seeing their popularity on the internet. Microstar filed suit in the United States District Court for the Southern District of California, asking for declaratory judgment that they had not infringed any copyright. Game publisher FormGen counter-sued claiming that Micro Star created a derivative work based on Duke Nukem 3D, and infringed their copyright.