SONY COMPUTER ENTERTAINMENT INC AND ANOTHER v. LIK SANG INTERNATIONAL LTD AND OTHERS

SONY COMPUTER ENTERTAINMENT INC AND ANOTHER v. LIK SANG INTERNATIONAL LTD AND OTHERS

Mod chips and modified consoles were held to be devices designed or adapted to circumvent Sony's copy‑protection within s273; transient electronic copying into RAM and subsequent on‑screen reproduction constitute reproduction in material form under ss22 and 23; defendants had requisite knowledge making them liable under ss273 and 32; sale of modified consoles and accessories bearing the PlayStation marks infringed ss27 and 28; directors who were knowingly involved are personally liable; no arguable defence established so summary judgment entered for plaintiffs with damages to be assessed and an interim payment ordered HK$5,000,000.

Citation
SONY COMPUTER ENTERTAINMENT INC AND ANOTHER v. LIK SANG INTERNATIONAL LTD AND OTHERS
Parties
1st Plaintiff: Sony Computer Entertainment Inc; 2nd Plaintiff: Sony Computer Entertainment Hong Kong Limited; 1st Defendant: Lik Sang International Limited; 2nd Defendant: Ahlswede Nils; 3rd Defendant: Alexander Peter Kampl
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 April 2003
Case Number
HCA3583/2002
Procedural Posture
Intellectual Property Litigation (copyright and Trade Mark Infringement) / Summary Judgment Application (court of First Instance, Decision on Summary Judgment and Interim Payment)
Outcome
Summary judgment entered for the Plaintiffs against the Defendants; damages to be assessed; interim payment ordered.
Legal Topics
Circumvention Devices, Mod Chips, Summary Judgment, Interim Payment, Director Personal Liability, Reproduction in RAM, Trade Mark Infringement, Damages Assessment
Source Language
EN
Intellectual Property Copyright Law Trade Mark Law Civil Procedure Circumvention Devices Mod Chips Summary Judgment Interim Payment +4 more

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Parties

Sony Computer Entertainment Inc

1st Plaintiff

Sony Computer Entertainment Hong Kong Limited

2nd Plaintiff

Lik Sang International Limited

1st Defendant

Ahlswede Nils

2nd Defendant

Alexander Peter Kampl

3rd Defendant

Procedural Posture

Intellectual Property Litigation (copyright and Trade Mark Infringement) / Summary Judgment Application (court of First Instance, Decision on Summary Judgment and Interim Payment)

Legal Issues

  1. 1 Whether the plaintiffs' copy‑protection is a protected form of copy‑protection under s273
  2. 2 Whether mod chips and modified consoles are devices designed or adapted to circumvent copy‑protection (s273)
  3. 3 Whether the defendants provided means to make infringing copies (s32)

Ratio Decidendi

Mod chips and modified consoles were held to be devices designed or adapted to circumvent Sony's copy‑protection within s273; transient electronic copying into RAM and subsequent on‑screen reproduction constitute reproduction in material form under ss22 and 23; defendants had requisite knowledge making them liable under ss273 and 32; sale of modified consoles and accessories bearing the PlayStation marks infringed ss27 and 28; directors who were knowingly involved are personally liable; no arguable defence established so summary judgment entered for plaintiffs with damages to be assessed and an interim payment ordered HK$5,000,000.

Court Disposition

Summary judgment entered for the Plaintiffs against the Defendants; damages to be assessed; interim payment ordered.

Orders

  • Order in terms of paragraphs 1-9 and 11 of the Plaintiffs' summons issued on 10 October 2002.
  • Summary judgment for the Plaintiffs; damages to be assessed by the Court.