Nintendo successfully wins a ‘Circumvention Case’ against an Online Retailer (Go Cyber) in Canada!

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A long dragging Court Case between the Japanese Gaming Company Nintendo and Canadian Online Game Shop Go Cyber Shopping (2005) Limited, that started with an application to the court in February 2016. Therefore, years after the final judgement on the case have come. This is interesting because of the law of copyright and the sharing of content. This also provides the legislation for the providers of technology and games towards the ones who sell it in public.

If you don’t know the other company that was sued or taken to court by Nintendo, let the application spell it out:

“The Respondent, Go Cyber Shopping (2005) Ltd., is a registered Ontario corporation. It operates a retail location in Waterloo, Ontario and several commercial websites including http://www.gocybershopping.com and http://www.gocybershop.ca. The Respondent also appears to carry on business under the name “Modchip Central Ltd.” (which is neither a registered corporation nor business name) through the same retail location and through the website http://www.modchipcentral.com (Affidavit of Robert Hunter, “Hunter”, Applicant’s Record, pp. 1088-1091)” (Federal Court of Canada, 2017).

So the corporation that Nintendo is taking to court is provider or retailer of games online. Those are important for all sales of games these days, not only in shops on main-street, but also buys online and get it delivered or downloaded by second party. Therefore, Nintendo had to react to Go Cyber Shopping Limited as they we’re trading and selling games in ways that altered the main use of it or even added own settings on it. Like selling one unit with dozens of games to Consoles and Game Stations that we’re produced and licenced products of Nintendo. Therefore, this case is important to consumers as much as retailer. This case proves certain truths on selling altered products and the legality of it. Like it is allowed to sell empty cassettes, but not selling recorded music on it from radio, unless the cassette already we’re made for the recording artist and the tracks produced for it. The same seems to be when it comes to games and retailers possibility of selling it.

“In 2012, Parliament amended the Copyright Act, RSC 1985, c C-42 (the Act) to add prohibitions against circumventing technological protection measures (TPMs) and trafficking in circumvention devices. In doing so, Parliament explicitly recognized the importance of TPMs for protecting copyrighted works, particularly in the video game industry. The present Application engages novel issues arising from this important legislation” (Federal Court of Canada, 2017).

This here is the actual law that applied to this court case and sets the precedence of what is allowed and what that complies for retailer and for the Video Game industry, which Nintendo is one of the big corporations. Therefore, the reasonable judgement and understanding of what the retailer did puts forward the groundworks for other cases.

To put more forward what Go Cyber did:

“The Applicant also sells hundreds of video games for its consoles in Canada. These video games are sold as game cards (in the case of DS and 3DS games) and discs (in the case of Wii games). Purchasers of genuine Nintendo video games can play these games on the appropriate Nintendo console by inserting the game card or disc into the corresponding console. The Applicant does not and has never authorized downloading of its games onto devices that mimic its game cards or discs and which circumvent its TPMs (Rhoads 1, Applicant’s Record, p. 83)” (Federal Court of Canada, 2017).

So early in the Court the proof that Go Cyber went on to sell games that was mimicking and not direct licenced video games to the consumers that also shows altering with the product possibly sold to use and gamer. This is act of aggression towards the Nintendo and their parties who has produced and made the games with their agreements of trading these as the royalties and profits cannot have come to Nintendo and the makers of these games.

What the Go Cyber has altered:

“Each genuine game card sold by the Applicant contains two of the Header Data works. Authorized DS game cards each contain a copy of the DS Header Data and the Nintendo Logo Data File. Authorized 3DS game cards each contain a copy of the 3DS Header Data and the Nintendo Logo Data File “(Federal Court of Canada, 2017).

This might seem like small details, but the proof of legit and real video games these features are supposed to be on it. If not than the consumer has bought counterfeit and fake ones, that might be similar to the original ones, but the disc, the game cards might been manufactured in other facilities than the licenced produced ones from Nintendo.

They also did this:

“Since at least 2013, the Respondent has advertised and offered for sale, either through its websites or at its retail store, certain devices which the Applicant contends are designed to circumvent TPMs employed on the Applicant’s Nintendo DS, 3DS, and Wii gaming consoles” (Federal Court of Canada, 2017).

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So Go Cyber had methods of circumvent the built-in security checks of licenced video games on the Nintendo consoles through various features to curb the strict regulated productions of Nintendo games, nearly as way of selling pirated games to the Canadian consumer online. The Go Cyber company sold “Game-Copier” that did this: “A user in possession of a Game Copier can use it to play unauthorized copies of Nintendo DS or 3DS video games in the following manner” (…) “a user downloads an illegal copy of a DS or 3DS game from the internet in a computer file format commonly known as “ROMs” (…) “when the Nintendo DS or 3DS is switched on, the Game Copier mimics a genuine game card (using copies of the Header Data and encryption/scrambling circuitry) and enables the DS or 3DS console to access the illegally copied ROM on the memory card and play the pirated copy of the Nintendo Game” (Federal Court of Canada, 2017).

So the Canadian Online Video Game store used singular activity and offered broad spectrum of products not licenced or involved directly with Nintendo, while giving the consumer the ability and opportunity to open its console for pirated games. This is what the Go Cyber Shopping tricked the Nintendo device to recognize the pirated games without having the licenced copy. They also sold Mod-chips to circumvent the licenced games:

“Mod chips allow users to play unauthorized copies of Wii video games, such as pirated copies downloaded from the internet. For example, users may download unauthorized copies of video games from the internet onto hard drives. When these hard drives are connected to a “modded” Wii console, the mod chip allows the user to access the pirated video games without owning a genuine Wii game disc (Rhoads 2, Applicant’s Record, 923-925)” (Federal Court of Canada, 2017).

modchips-commercial

So with this in mind, the Go Cyber Shopping Online stores sold replicated and video games altercations to make sure they could sell pirated goods to the consumers and also provide methods of not paying full price for games and gaming experience to Nintendo. The provider and retailer did by all means trade in illegal merchandise and fake ones that appeared real and with costs to sell experiences that weren’t the true video game from Nintendo. They used technical installations and changes to the similar, but not the same as the licenced games from Nintendo. So the consumer in Canada was getting tricked, while the Nintendo we’re losing royalties and sales in Canada as the efforts to undermine the company by Go Cyber.

Important key aspect of the matter:

“the Respondent’s interpretation defies logic. Replication is not incompatible with circumvention. A burglar who uses an illicitly copied key to avoid or bypass a lock to access a house is no less of a burglar than one who uses a lock pick. Similarly, even if the Respondent’s Game Copiers replicate only a part of the TPM, that does not make their use any less of a circumvention” (Federal Court of Canada, 2017). This here proves the breach of contract with Nintendo and with the consumer; the gamer have bought it in good faith, while Nintendo’s copyright and TPM have been altered by the Canadian retailer.

Nintendo won damages:

“$11,700,000 in statutory damages pursuant to s. 38.1 of the Copyright Act in respect of circumvention of technological protection measures” (…) “$60,000 in statutory damages pursuant to s. 38.1 of the Copyright Act in respect of copyright infringement of the Header Data works” (…) “$1,000,000 in punitive damages” (Federal Court of Canada, 2017). So just by this the Go Cyber Shopping (2005) Limited has to fork up $12,760,000 to Nintendo of America Limited. That is blow to the not licenced video-games industry in Canada, and also shows reassuring trial for other gaming companies that needs sales on the massive investments of productions to consoles and to games. This have to be seen as the day that gaming industry got justice in court against those who sells altering and circumventing methods, which must be a good day for the gaming industry.

Certainly, this is not the last case, but it shows the level of integrity and the hard-work this companies do to respect their consoles and their games, which are righteous since they invest in technology and making games that, are tailor-made for the consoles. So that we the consumer can get the best experience and have games that entertain and put a smile on our face at the end of the day. Peace.

Reference:

Federal Court of Canada in Ottawa, Ontario – ‘Citation: 2017 FC 246: Nintendo of America INC. versus Jermaine Douglas King and Go Cyber Shopping (2005) LTD’ (01.03.2017)

Opinion: Democratic Party and Uganda People’s Congress turns more and more into NRM-Lite!

Akena M7

“Power is a curious thing. Who lives, Who dies. Power resides where men believe it resides. It is a trick, A shadow on the wall.”  ― Lord Varys (Game of Thrones).

Adjective: Denoting a low-fat or low-sugar version of a manufactured food or drink product” (…) “Origin: 1950s: a commercial respelling of light, light” (Oxford Dictionary – Lite).

This here isn’t something based on evidence, but more a genuine feeling I have is not only one I share, but many others. There is something at stake and someone who has agreed the negotiations so these so-called opposition parties isn’t really so. That is why the Uganda People Congress has some MPs in the Cabinet and the same with Democratic Party. The same can be said that both of these parties, still have slots or parts of the delegations to the East African Legislative Assembly (EALA) in Arusha.

What we do know is that James Akena, the newly concurred leader of UPC could easily do some trade-off with NRM in 2015. That isn’t just mere speculation as his party did decent and there haven’t been any controversy or lashing out from NRM MPs towards the UPC in ages. Secondly, the DP has become the good DPs and the ones that even are parts of NRM Celebrations. There is something up with these two parties, just like Uganda Federal Alliance and Beti Kamya all of a sudden is a bigger support of the NRM government than the former NRM historical’s and the NRM hardliners.

The President and his NRM CEC must see their State House visits as a blessed and ease ways of figuring out how to undress the opposition and how to deal with them. All needs a meal-ticket, the question is who will give in to the regime and at what cost. Therefore, the arrangement and the deals behind the close doors show the conning way of the illegitimate regime who uses all sorts of methods to undermine the opposition. The FDC has clearly given in too, in my book, with even becoming the shadow-government in Parliament. Something the FDC NEC shouldn’t have considered and agreed upon, because when NRM together with the President agreed to get a UPC minister and DP minister, it would be hard to have shadow-government with members from these parties. That would be rare and weird to explain.

DP Mao

We can even wonder if Norbert Mao even cared of losing his slot as Member of Parliament in the 10th Parliament, as the DP was behind Amama Mbabazi Presidential Candidate through the The Democratic Alliance (TDA). Why I say that now? Since he is snickering and defending the NRM on NBSFrontline, attacking Lord Mayor Lukwago and the FDC when he can, just as we would expect Akena, since he has been bought sometime during the 2015. The price and the value of the UPC is for him and his closest allies to know.

DP’s Mao on the other hand is worrying, that Fred Mukasa Mbidde went so easily and elected into the EALA, also how little care the DP has given to the DP Cabinet Member Florence Nakiwala. Who could have thought the party would trade these folks that easily? That without any worry and without care has let it go, that they have set the standard of being a mediocre party who has no courage and no fighting spirit.

Maybe, Mao has gotten tired of fighting as the campaign he himself has a Presidential Candidate was sour, it wasn’t a joyful journey as the promises and the ride against the police force wasn’t ideal. Therefore, the battle even for his own MPs place got lost and as a leader who isn’t in Parliament, while the ones in Parliament are getting cosy with the NRM. That might be why Mao is complied with the forged friendships and trading in Parliament, to make sure they can gain the most. Still, the value and integrity of DP is dwindling, with every forged agreement with NRM makes them more and more alike, less different.

The NRM regime and NRM caucus in Parliament is adding DP and UPC, they are just turning into branches of the regime instead of being rooted on their own and on their own framework. It is just like Mao and Akena, just shift-bosses instead of being their own factory leaders. They work less for their own product and delivery, more and more to please the Executive through agreements and negotiations.

That is why the NRM has swallowed their paths and the lacking spine of DP and UPC has given way for this. Therefore, the current affairs and state makes them like a light version of the NRM. For this reason DP = NRM Lite and UPC = NRM Lite. Both parties are old and have a long history; they were established long before NRM, still the abolishment from Obote, made the other obsolete. So Museveni’s trick of being in the shadows of these parties before and after the parties, this is essentially killing of the multi-party system. That the NRM are tarnishing the DP and UPC to becoming NRM knocks-offs.

NRM UPC Arua 16.11.15

All of this is mere speculation, but still, there aren’t any official agreements in public between UPC and DP towards to the NRM, but their friendliness and co-operations are evident of certain negotiated deals. You will not hear Akena or the UPC complain about the NRM, just like Mao suddenly defends on national TV their position towards NRM and attacks Lukwago. There is just some uncertainty of how and what they have done behind closed doors. Beyond a shadow of a doubt some worrying signs that can and should be questioned, especially not accept as the acceptance of these parties to the NRM gives way to establish deep concerns of the value of opposition at all in Uganda. Since the DP and UPC have been thresholds for such, now it is FDC, even with a FDC NEC who doesn’t concern their legitimising the Parliament.

We all should ask and question the recent efforts from DP and UPC as legitimate opposition, even as parties without connections or how possibly they have accepted agreements with Movement. This surpass the judgement and the recognition of their existence, it is more the mere fact of lacking attention to transparency and accountability, as they are giving way to a regime who certainly does not care about procedures or acts or rule of law. The parties are therefore giving the Movement acceptance and are silently supporting their rule with these sorts of acts. Certainly, something the founders of these parties would turn in their graves and wanted to resurrect to adjust the malfunctions of these parties. Peace.

Kenya: Kenya Electrial Trades & Allied Workers Union will soon strike for their CBA by mid-next week (03.04.2017)

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Kenya: Letter – “Re: Investigations into the Kalonzo Musyoka Foundation” (01.04.2017)

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South Sudan: UN Special Representative David Shearer – “As South Sudan’s people suffer, their leaders must step up” (03.03.2017)

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RDC: Declaration du Rassamblement (03.03.2017)

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U.S. Attorney General Sessions Statement on Recusal (02.03.2017)

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Opinion: The Tories lost in the House of Lords and has to build the Brexit negotiation on shaky grounds!

brexit

The Tories, the Conservative Party Government run by Prime Minister Theresa May lost out in voting in the House of Lords, as the bill will continue with amended text that the Lords voted on. This is the proof of some humanity in the British people, not just scare-mongering people who fear the immigrants and the newly settled people from Central Europe. Therefore, the election is a proof that the Tories negotiation team with Brexit Minister David Davis and Foreign Secretary Boris Johnson cannot use citizens who has immigrated to the United Kingdoms as pawns in the negotiations with Brussels and the European Union.

The Tories negotiations team have now a harder task as they cannot use the EU citizens in the United Kingdom as a bargain chip for the UK citizens inside the European Union. There are more than enough things to figure out as the businesses and movement of people has to resolved, what sort of status the UK citizens and UK government will towards the European Union. As the Member State privileges goes away when the membership is terminated. That has many implications that are still unknown as this sort of negotiations isn’t something that occur on regular basis. Therefore, the statement of voting this amendment to the law clearly violates parts of the idea for the Brexiteers!

“Baroness Hayter of Kentish Town moved amendment 9B, in clause 1, page 1, line 3, at end to insert: “( ) Within three months of exercising the power under section 1(1), Ministers of the Crown must bring forward proposals to ensure that citizens of another European Union or European Economic Area country and their family members, who are legally resident in the United Kingdom on the day on which this Act is passed, continue to be treated in the same way with regards to their EU derived-rights and, in the case of residency, their potential to acquire such rights in the future.” (United Kingdom – House of Lords, 2017).

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This is hit in the nuggets for those who thought that United Kingdom Independence Party and other Brexiteers could get a field day without any consequence. By all means there will be a different atmosphere not only as an outsider to the Union, but also inside the British Isle’s like what about Northern Ireland and Scotland, Wales and Jersey will be there as they are so integrated that cannot leave the building. But Scotland and Northern Ireland are a different tango, as Scotland might have second referendum on freedom from London and Newcastle, while Northern Ireland even get own internal issues combined with the free-movement to the Irish Republic as well.

There are enough of issues ahead for the Tories as PM May doesn’t want to left with the short-end and nothing to show for it. She might get quick trade deals with New Zealand, South Africa and other dignitaries, but the Union trading is surely important now and will be in the future. The British Pound and the inflation will also be hold barren by the equation of possible business and how the financial tools of the United Kingdom looks after the Membership is terminated.

That can also be said by the citizen’s possible movement and the other aspect of government that might be altered by the end of membership. This will create another Europe, where UK is close, but still further away than today. The Brussels and their Member States might retaliate, but they should just show the way of decency as the whole world will see how the EU is tackling it. The way African Union tackled the Kingdom of Morocco left the Union and came back.

So here we are where the United Kingdom Government or the Tories has to make the best out of the House of the Lords decision to amend the withdrawal as the days before the Theresa May starts the process of revoking the membership. This will be rough and the agreements, the rhetoric and the slander will be at all-time high as the uncertainty along the way will be unbearable. The European states and the United Kingdom would like to have decent deal and reasonable end to the affair. What we can wonder if the UK and Brussels will cope with trying to think about the future and not just present runs of elections an popularity today, as this withdrawal will put in order the way it works to walk-away from Brussels paradigm, as it has only really been put in order how to become a Member State and what the State has to do to become a Member.

Let the tricky days come. Peace.

Reference:

United Kingdom – House of Lords – ‘European Union (Notification of Withdrawal) Bill’ (01.03.2017) links: http://www.parliament.uk/business/publications/business-papers/lords/lords-divisions/?date=2017-Mar-01&itemId=1&session=2016-May-18