Lexpert Magazine

September 2017

Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.

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34 LEXPERT MAGAZINE | SEPTEMBER 2017 Up COVER STORY IP Nintendo wasn't expecting a major payout when it sued a small retailer for copyright infringement. What it expected was far more valuable — to redefine the law around media piracy BY SANDRA RUBIN EARLIER THIS YEAR, the International Intellectual Property Alliance (IIPA), which includes the largest US music and film industry groups, placed Canada on a watch list of 16 countries that are the top places of origin for internet piracy. at had to be disappointing for lawmakers in this country, especially since they adopted changes to the Copyright Act in 2012 that introduced new technological protection measures, or TPMs for short, that some are calling among the toughest anti-piracy laws in the world. And yet, for years they remained largely untested. "In the five years aer those amendments came in, it was amazing to me how quiet it was," says Bruce Green, an IP lawyer at Oyen Wiggs Green & Mutala LLP in Vancouver. at changed last fall when Nintendo of America Inc. filed an application in the Federal Court of Canada complaining that a Waterloo, Ont., retailer was selling devices to circumvent its technological protection measures. Nintendo claimed Go Cyber Shopping Ltd. was trafficking in game copiers that allowed people to play pirated Nintendo games on a Nintendo console, as well as so-called "mod chips," which let users modify Nintendo consoles to also play other company's games. e gaming giant asked for a declaration that the retailer had circumvented its TPMs and infringed on its copyrighted material. It asked for statutory damages and an Owners Level PHOTO: SHUTTERSTOCK

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