Canadian DMCA In Action: Court Awards Massive Damages In Modchip Case

New submitter google20000 shares a report from Michael Geist: The Federal Court of Canada has issued a massive damage award in the first major
Canadian digital lock copyright ruling involving circumvention
of technological protection measures. The ruling, which is the first to conduct an extensive examination of the anti-circumvention rules established in 2012, adopts expansive interpretations to the digital lock protections and narrow views of the exceptions. The case launched by Nintendo confirms that Canada has tough anti-piracy laws with one of the most aggressive digital lock laws in the world and will fuel calls to re-examine the effectiveness of the anti-circumvention exceptions in the 2017 copyright review. The case stems from a lawsuit launched by video game maker Nintendo against Go Cyber Shopping, a modchip seller that operated a retail store in Waterloo, Ontario and several online stores. Go Cyber Shopping offered a wide range of products that allow users to circumvent the digital lock controls on the Nintendo gaming console (such as the Wii) and play unauthorized games including “homebrew” games. Go Cyber Shopping argued that it provided other services but the court says that it did not tender any evidence in that regard. The court concluded that the modchip seller engaged in copyright infringement and circumvented technological protection measures. In fact, it went out of its way to emphasize the importance of TPM protection. It adopted a broad interpretation of a technological protection measure — rejecting a UK case that used a narrower interpretation — in favor of an approach that covers access controls that go beyond restrictions on copying.

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Source: Slashdot – Canadian DMCA In Action: Court Awards Massive Damages In Modchip Case