Nintendo Company Ltd & Anor v Playables Ltd & Anor

Nintendo Company Ltd & Anor v Playables Ltd & Anor

The defendants' devices circumvented effective technological measures applied to Nintendo DS games, infringing copyright under section 296ZD. The devices also constituted means for unauthorised circumvention of technical devices applied to computer programs under section 296, and the defendants knew or had reason to believe the devices would be used for infringement. The second defendant was jointly liable as the controlling mind of the first defendant. No defence raised had a realistic prospect of success. Summary judgment was granted except as to export sales under section 296 and certain copyright claims where triable issues remained.

Parties
Claimant: Nintendo Company Limited; Claimant: Nintendo of Europe GmbH; Defendant: Playables Limited; Defendant: Wai Dat Chan
Jurisdiction
England and Wales
Judgment Date
28 July 2010
Procedural Posture
Civil Intellectual Property / Summary Judgment Application
Outcome
Summary judgment granted in part for the claimants
Legal Topics
Copyright Infringement, Technological Protection Measures, Summary Judgment, Joint Tortfeasor Liability
Intellectual Property Law Copyright Infringement Technological Protection Measures Summary Judgment Joint Tortfeasor Liability

Case Brief

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Parties

Nintendo Company Limited

Claimant

Nintendo of Europe GmbH

Claimant

Playables Limited

Defendant

Wai Dat Chan

Defendant

Procedural Posture

Civil Intellectual Property / Summary Judgment Application

Legal Issues

  1. 1 Whether the defendants infringed copyright by dealing in devices circumventing Nintendo's copy-protection measures
  2. 2 Whether the devices circumvented effective technological measures under section 296ZD of the Copyright, Designs and Patents Act 1988
  3. 3 Whether the defendants' actions infringed section 296 of the Act relating to technical devices applied to computer programs

Ratio Decidendi

The defendants' devices circumvented effective technological measures applied to Nintendo DS games, infringing copyright under section 296ZD. The devices also constituted means for unauthorised circumvention of technical devices applied to computer programs under section 296, and the defendants knew or had reason to believe the devices would be used for infringement. The second defendant was jointly liable as the controlling mind of the first defendant. No defence raised had a realistic prospect of success. Summary judgment was granted except as to export sales under section 296 and certain copyright claims where triable issues remained.

Court Disposition

Summary judgment granted in part for the claimants

Orders

  • Summary judgment for Nintendo under section 296ZD for all relevant dealings, including export sales
  • Summary judgment for Nintendo under section 296 except for export sales