VIVENDI UNIVERSAL GAMES, INC AND ANOTHER v. GLORY PACIFIC TECHNOLOGY LTD t/a CYBER WORLD

VIVENDI UNIVERSAL GAMES, INC AND ANOTHER v. GLORY PACIFIC TECHNOLOGY LTD t/a CYBER WORLD

The plaintiffs proved ownership of the copyright and established that the defendant made unauthorized infringing copies available to the public in its cyber café, thereby breaching the plaintiffs' exclusive rights; accordingly the plaintiffs are entitled to final judgment and the relief sought.

Citation
VIVENDI UNIVERSAL GAMES, INC AND ANOTHER v. GLORY PACIFIC TECHNOLOGY LTD t/a CYBER WORLD
Parties
1st Plaintiff: Vivendi Universal Games, Inc.; 2nd Plaintiff: Blizzard Entertainment, a division of Davidson & Associates, Inc.; Defendant: Glory Pacific Technology Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 February 2004
Case Number
DCCJ5680/2003
Procedural Posture
Civil (copyright Infringement) / Order 14 Application / Final Judgment
Outcome
Final judgment entered for the plaintiffs; orders granted as sought in the Order 14 application.
Legal Topics
Copyright Ownership, Infringement, Unauthorized Copying, Distribution to the Public, Rental of Copies, Making Available to the Public, Summary Judgment / Order 14, Remedies, Costs
Source Language
EN
Intellectual Property Copyright Civil Procedure Copyright Ownership Infringement Unauthorized Copying Distribution to the Public Rental of Copies +4 more

Case Brief

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Parties

Vivendi Universal Games, Inc.

1st Plaintiff

Blizzard Entertainment, a division of Davidson & Associates, Inc.

2nd Plaintiff

Glory Pacific Technology Limited

Defendant

Procedural Posture

Civil (copyright Infringement) / Order 14 Application / Final Judgment

Legal Issues

  1. 1 Whether plaintiffs are the owners of the copyright in Warcraft III: Expansion Set: Frozen Throne
  2. 2 Whether the defendant made infringing copies available to the public in its cyber café without licence
  3. 3 Whether the defendant breached the plaintiffs' exclusive rights to copy, issue, rent and make available the work

Ratio Decidendi

The plaintiffs proved ownership of the copyright and established that the defendant made unauthorized infringing copies available to the public in its cyber café, thereby breaching the plaintiffs' exclusive rights; accordingly the plaintiffs are entitled to final judgment and the relief sought.

Court Disposition

Final judgment entered for the plaintiffs; orders granted as sought in the Order 14 application.

Orders

  • Order granted in terms of paragraphs 1, 2, 3 and 6 of the summons
  • Certificate for Counsel granted