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Creative Lawyers for Creative Business

July 2008

The Game is over for File Sharers

Four internet users have been ordered to pay fines of £750 and costs of £2,000 to computer games publisher Topware Interactive (developer of Dream Pinball 3D for the PC and Nintendo DS) for illegally downloading and sharing its computer games on the internet.

The users had uploaded the games onto the BitTorrent file sharing system, which by default makes users who download material the distributors of the material so that it is available for others to download. The high fines are said to reflect the fact that the four users made the games available for others to download, despite the games only retailing at as little as £9.

The users were tracked and caught using “File Sharing Monitor” technology, created by a Swiss anti-piracy outfit, Logistep, to collect evidence against internet users who upload material protected by copyright on file sharing networks. Topware Interactive is said to be suing a further 100 British Citizens.

Briffa Comment:
Computer games, music and films are all protected by copyright and with the increasing availability of these online, it is increasingly harder to prevent internet users from illegally downloading such content. However, as demonstrated by this case, games companies are no longer prepared to spend millions of pounds on the development of new games if those games are going to be distributed for free via online file sharing systems, and are more likely to bring action against such copyright infringers.

The role and liability of internet service providers (ISPs) has also been questioned over recent months, with ISPs arguing that they have no legal liability for illegal file sharing because the content is not hosted on their servers. Certain ISPs (namely BT and VirginMedia) have, however, started issuing customers with notices warning them that if they continue to download content illegally, their account (which shows this illegal activity) will be suspended. Whilst this alone will not prevent illegal downloading of copyright material, it is a step in the right direction.

For further information about File Sharing contact info@briffa.com.

BRIFFA
Intellectual Property and Information Technology Lawyers

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