On March 1, the Federal Court of Canada awarded Nintendo of
America Inc. $12,760,000 in damages for copyright infringement and
the circumvention of technological protection measures, or TPMs.
The recent decision of Nintendo of America Inc. v. King marks the
first time a Canadian court has provided comprehensive guidance on
the Copyright
Act's prohibition on the circumvention of TPMs and confirms
the willingness of Canadian courts to significantly punish
organization and individuals that attempt to circumvent TPMs used
to protect valuable intellectual property rights.
Nintendo's use of TPMs
In 2012, the Canadian Copyright Act was amended to include
provisions that prohibited circumventing TPMs and trafficking in
circumvention devices in recognition of the importance of TPMs to
protect copyrighted works, particularly in the video game industry.
