Nintendo wins groundbreaking copyright case against seller of circumvention devices

Nintendo has picked up “a resounding win” in a case against Jeramie King and his affiliated business, Go Cyber Shopping Ltd. – the seller of circumvention devices. A Canadian federal court ruled in favor of Nintendo of America, determining that the distribution of circumvention devices including “flashcarts,” “modchips” and “game copiers” (like Sky3DS, Gateway 3DS) is illegal.

Nintendo has been awarded $12.76 million (CAD) against Go Cyber Shopping, including $1 million in punitive damages. According to the big N, this marks the first time that Canadian Copyright Act’s Anti-Circumvention law has been put to the test. King will also be issuing an apology on his website for the damage that he caused to Nintendo as well as its developers and partners.

Devon Pritchard, Nintendo of America’s General Counsel and Senior Vice President of Business Affairs, said in a 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.”

According to Nintendo, King sold many copier devices and modchips via a storefront and various websites. Hardware-modification services were offered as well. By using game copiers and modchips, users are able to circumvent Nintendo’s console security to download and play illegal copies of games, which is a violation of Nintendo’s copyrights and trademarks.

Source: Nintendo PR