Volume IV

Issue : 2: January 26, 2006

• Importation Held to Infringe Copyright Despite the Absence of Initial Infringement
• Nevada Court Rules Google Cache Feature Constitutes "Fair Use"
• Google Resists U.S. Government Motion to Compel Disclosure of Search Information
• Yahoo Loses Nazi Memorabilia Free Speech Case
• Ontario Court Finds Collaboration Necessary to Facilitate Document Production in the Electronic Age
• U.K. Plans to Host Global Online Gambling Summit
• Korea Will Not Prosecute Personal Downloaders
• Australian Online Bookie First to Get Licence
• Utah Fines B.C. Based Pornography Website
• California Court of Appeal Upholds Microsoft Class Action Settlement
• Alberta Court of Appeal Asserts that Corporations Cannot Hide Behind Privacy Laws
• U.S. Patent Office Upholds Microsofts File System Patents
• Sony Obtains $6 Million in Statutory Damages for Mod Chip Sales

Home > Volume IV > Issue 2: January 26, 2006 > Sony Obtains $6 Million in Statutory Damages for Mod Chip Sales

Sony Obtains $6 Million in Statutory Damages for Mod Chip Sales

The United States District Court for the Northern District of California has awarded Sony Computer Entertainment America (SCEA) over $6 million in statutory damages for copyright infringement under the Digital Millennium Copyright Act (DMCA) 17 U.S.C. § 1203(c). The defendant, Steven Filipiak, sold devices (“mod chips”) for Playstation and Playstation 2 videogame consoles that enabled users to circumvent copy protection mechanisms in these consoles.

The defendant had agreed to an injunction prohibiting sales of “mod chips” and related software, and then proceeded to continue sales until a second consent judgment was entered into. The court concluded that a separate award of damages for each device sold was appropriate under 17 U.S.C. § 1203(c)(3)(a), and awarded $800 per device for 7,039 units sold prior to the date of the original agreement, and the maximum of $2,500 per device for 155 units sold after that date. The maximum amount was awarded on the basis that sales after the date of the original injunction agreement represented willful infringement.

For a copy of the decision, visit:

www.steptoe.com/publications/386b.pdf