The claimant said that the defendant was marketing an anti-copyright protection device, and now sought summary judgment. Held: A partial settlement having been reached, the court should be particularly careful with an unopposed application. Even so the defendant had no realistic prospect of succeeding in his defence at trial, given the decisions in Sony -v- … Continue reading Nintendo Company Ltd and Another v Playables Ltd and Another: ChD 28 Jul 2010
The claimant sought summary judgment in a claim that the defendant had manufactured computer chips which would be used with their playstation computer games consoles to avoid their copy protection systems. Held: The fact that the chips only stored code temporarily whilst the game was played did not prevent there being an infringement. The chip … Continue reading Kabushiki Kaisha Sony Computer Entertainment Inc., Sony Computer Entertainment Europe Limited, Sony Computer Entertainment UK Limited v Ball, and others: ChD 19 Jul 2004
The prosecutor appealed dismissal of a charge of receiving a broadcast television programme with intent to avoid payment. The defendant ran a public house. She acquired a card which allowed her to receive transmissions from a Greek satellite broadcasting premier league football matches. The intellectual property rights to such matches in the UK lay with … Continue reading Murphy v Media Protection Services Ltd: Admn 21 Dec 2007
The defendant appealed against his conviction under the section. He ran a business fitting modifying chips to games consoles allowing them to play non-certificated games CDs. Held: The appeal was allowed. It was not suggested that the use of a modified console to play a game on an infringing CD was itself an infringement of … Continue reading Higgs v Regina: CACD 24 Jun 2008
The defendant appealed against his conviction under the 1988 Act as amended. He had sold ‘modchips’ which were used to circumvent copyright protection measures in games consoles. Held: The appeal failed. The prosecution had remedied the defect found in Higgs. The use of the DVD of the game involved the copying of copyright images to … Continue reading Gilham v Regina: CACD 9 Nov 2009
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