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Court orders $12.7M in damages in 1st digital lock rules case

Media | 03/08/2017 8:46 pm EST

A Federal Court judge ruled last week that a defendant must pay damages for selling products that allowed users to bypass another company’s technological protections, in the first such ruling in Canada. The case sets a precedent that will have a ripple effect on other industries, including media, according to McCarthy Tétrault LLP intellectual property lawyer Barry Sookman. In a case between Nintendo Co. Ltd. and a Waterloo-Ontario based company called Go Cyber Shopping (2005) Ltd., judge Douglas Campbell determined that Go Cyber violated Nintendo’s technological protection measures (TPMs), including its boot up security checks, encryption and scrambling technologies and the physical configuration of the game cards by allowing users to circumvent them and...