Game Over For Canadian Game Copier And Mod Chip Seller

For the first time, the Canadian Federal Court has applied provisions of Canada's Copyright Act  ("Act") that were enacted in 2012 to prevent circumvention of digital locks, which are also known as technological protection measures ("TPMs"). The Court's decision is a reminder that: 1) copyrighted works and the TPMs that control access to and copying of them are separately protected in Canada, 2) TPMs in Canada are not limited to electronic measures, and can include the physical features of game cards and other media used to store works, and 3) in appropriate circumstances statutory damages, punitive damages, and injunctive relief are all available to rightsholders when their copyrights are infringed and TPMs circumvented.