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A Canadian federal court has awarded Nintendo $12.76 million (CAD) after winning a copyright case against Jeramie King and his affiliated business, Go Cyber Shopping Ltd., which was a seller of circumvention devices. The court determined that the selling of circumvention devices, such as “flashcarts,” “modchips” and “game copiers” (Sky3DS, Gateway 3DS) is illegal.
Through both a storefront and various websites, King distributed large quantities of game copier devices and modchips, and also offered hardware-modification services. Devices such as these allowed users to circumvent Nintendo’s console security to download and play illegal copies of video game software, which violates Nintendo’s copyrights and trademarks.
In addition to the $12.76 million, Nintendo was also awarded an extra $1 million in punitive damages. This case also marks the first instance in which the Canadian Copyright Act’s Anti-Circumvention law has been put to use.
Nintendo of America’s General Counsel and Senior Vice President of Business Affairs Devon Pritchard said the following in an official statement:
“Nintendo continues to be a leader in bringing innovative gaming platforms and software to our fans and millions of gamers across the globe. Nintendo has an established track record that demonstrates our resolve to protect our iconic characters and franchises. We will continue to protect the creative works of our developers and vigorously enforce our intellectual property rights against those that attempt to steal or misuse them.”
