Toronto, March 8, 2017 – The Entertainment Software Association of Canada (ESAC) applauds the Federal Court’s recent decision against Go Cyber Shopping Ltd. in a case against one of the world’s leading entertainment software companies, Nintendo of America Inc.. The Court ruled that the distribution of circumvention devices – “flashcarts,” “modchips” and “game copiers” such as Sky3DS, Gateway 3DS and similar devices – is illegal under Canada’s 2012 Copyright Modernization Act.

“The Court’s ruling emphasises the importance of protecting the intellectual property of our creative industries in the digital age,” said ESAC President and CEO Jayson Hilchie. “Countries that have strong IP laws will be the leaders in the innovation-based economy of the future. The legal enforcement of technological protection measures widely employed by the video game industry ensures that copyrights and trademarks are respected, creating an environment where new products, ideas and innovation can thrive,” he added.

The game copier and modchip devices sold by Go Cyber Shopping Ltd. enabled users to play hundreds of illegally downloaded video games on the popular video game systems Nintendo DS, Nintendo 3DS, and Wii without having to purchase a genuine copy. Holding Go Cyber Shopping responsible for infringing hundreds of Nintendo copyrights, the Federal Court awarded Nintendo a total of $12.76 million in damages, citing a strong need to deter and denounce activities that avoids, bypasses, removes, deactivates, or impairs technological protection measures.

The Entertainment Software Association of Canada is the voice of the Canadian video game industry. ESAC works on behalf of its members to ensure the legal, regulatory and public affairs environment is favourable for the long-term development of Canada’s video game industry, which already contributes $3 billion to Canada’s GDP and employs over 20,000. Association members include the nation’s leading interactive software developers and publishers including Electronic Arts, Capcom, Ubisoft, Activision Blizzard, Microsoft Canada, Nintendo of Canada, Sony Computer Entertainment, Disney Interactive Studios, Other Ocean, Glu, Take Two Interactive, Warner Bros. Interactive Entertainment, Ludia, Silverback Games, Square Enix, Relic Entertainment, and Gameloft as well as distributors Solutions 2 Go and Team One Marketing.

For more information, contact:
ESAC
Julien Lavoie – 416-620-7171 ext. 248; jlavoie@theesa.ca

or

GOLIN (Nintendo of America)
Eddie Garcia, 213-335-5536; egarcia@golin.com
Rich George, 415-318-4342; rgeorge@golin.com

Posted March 8, 2017