[1] Mattrick (age 17) and Jeff Sember approached Sydney Development Corporation, who agreed to publish Evolution in 1982.

[2] Distinctive Software was known in the late 1980s and early 1990s for their racing and sports video games, including the Test Drive series, Stunts, 4D Boxing, and Hardball II.

[3][1] In 1989, programmers Pete Gardner and Amory Wong of Distinctive, under the pseudonym USI (Unlimited Software, Inc.), converted Sega's arcade game Out Run for MS-DOS.

Accolade argued that their contract for Test Drive II gave them the ownership and copyright of the final product—the game—and the source code used to create it.

Distinctive Software won; the court ruled that "the licensing agreement transfers to Accolade the copyright to the concept and design of the video game but not the underlying source code."