ARTICLE · 27 MARCH 2017

Nintendo Wins $12.7M+ Damages for Digital Lock Circumvention

Aitken Klee LLP

On March 1, 2017, Justice Campbell released his Judgment and Reasons in Nintendo v. Go Cyber Shopping. Nintendo was wholly successful in its claim against GCS for technological protection measures and copyright infringement pursuant to the Copyright Act.

CanadaIntellectual Property

Lilly Sormaz

On March 1, 2017, Justice Campbell released his Judgment and Reasons in Nintendo v. Go Cyber Shopping. Nintendo was wholly successful in its claim against GCS for technological protection measures and copyright infringement pursuant to the Copyright Act.

Broadly, the application concerned the pirating of games on Nintendo's DS, 3DS and Wii game consoles. This proceeding concerned two types of copyrighted works present in Nintendo's game cards and discs: (1) computer code and data used by Nintendo as part of its TPMs ("Header Data"), and (2) video games developed for Nintendo's video game consoles.

Since at least 2013, GCS has advertised and offered for sale, either through its websites or at its retail store, certain devices designed to allow unauthorized games to be played on the Nintendo DS and 3DS and Wii gaming consoles.

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Nintendo Wins $12.7M+ Damages for Digital Lock Circumvention

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