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Archive for the tag “Prohibition”

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).

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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)

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5 December 1933 – Today was the end of Prohibition (18th Amendment into the 21th amendment)

Well, today I am back into history. It’s kind of an important day today. The Prohibition era lasted from 1920 until the 21.Amendment of 5. December of 1933.

“At midnight, January 16, 1920, the United States went dry; breweries, distilleries, and saloons were forced to close their doors” (DigitalHistory)

“Between 1905 and 1917, states across the nation were imposing laws that prohibited the manufacture and sale of intoxicating beverages. They did not stop there, however. The temperance societies began to push to change American society and elevate morality through national legislation. In 1917, the House of Representatives wanted to make Prohibition the 18th Amendment to the Constitution. Congress sent the amendment to the states for ratification, where it needed three-fourths approval. The amendment stipulated a time limit of seven years for the states to pass this amendment. In just 13 months enough states said yes to the amendment that would prohibit the manufacture, sale, and transportation of alcoholic liquors”(National Archives).

“It was on January 20, 1920 when the 18th Amendment to the Constitution took effect. This amendment prohibited the production, manufacture, and sale of alcoholic beverages within all the states and territories of the U.S. The 18th amendment was the outcome of the decade-long temperance crusade, which aimed to end the dilemma of alcohol consumption in the country” (TotallyHistory).

“Prohibition has made nothing but trouble” – Al Capone

“Notorious bootlegger Al Capone made $60,000,000…that’s sixty million dollars…per year (untaxed!) while the average industrial worker earned less than $1,000 per year” (Potsdam) .

“Enforcing the law proved almost impossible. Smuggling and bootlegging were widespread. Two New York agents, Izzie Einstein and Mo Smith, relied on disguises while staging their raids–once posing as man and wife. Their efforts were halted, however, after a raid on New York City’s 21 trapped some of the city’s leading citizens. In New York, 7,000 arrests for liquor law violations resulted in 17 convictions (Digital History)”

“Prohibition was difficult to enforce, despite the passage of companion legislation known as the Volstead Act. The increase of the illegal production and sale of liquor (known as “bootlegging”), the proliferation of speakeasies (illegal drinking spots) and the accompanying rise in gang violence and other crimes led to waning support for Prohibition by the end of the 1920s” (History.com).

First day reporting from Seattle Post-Intellgencer reporte this:

“You walked into a bar on lower 3rd Ave. There were nine people in the place. A venerable bartender stood with folded arms, looking at the wallpaper.

“Brandy and soda? Yessir. No, the crowd’s nothing extra tonight. In fact,” he says confidentially, “it’s very slow tonight. Must be the rain” (HistoryLink)

Here is the 21th Amendment of 5th December 1933:

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Links:

Digital History – ‘Prohibition- Digital History ID3386’

Link:  http://www.digitalhistory.uh.edu/disp_textbook.cfm?smtID=2&psid=3383

History Link – ‘Prohibition ends on December 5, 1933’ Link: http://www.historylink.org/index.cfm?DisplayPage=output.cfm&File_Id=3343

History.com – ‘Prohibition’

Link: http://www.history.com/topics/prohibition

Potsdam – ‘Prohibition: The Noble Experiment’

Link:http://www2.potsdam.edu/alcohol/FunFacts/Prohibition.html#.VIIopzGG-So

National Archives – Volstead Act:

Link:  http://www.archives.gov/education/lessons/volstead-act/

TotallyHistory – ‘21st Amendment to the Constitution’

Link: http://totallyhistory.com/21st-amendment-to-the-constitution/

Uganda: A Draft of “the Prohibition of Promotion of Unnatural Sexual Practices Bill” – 29th October 2014

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Today I will release a draft of a law called: ‘the Prohibition of Promotion of Unnatural Sexual Practices Bill 2014’. This draft was 29th October. It must be seen as a continuation of the 2009 “Anti-Gay bill” that became Uganda Anti-Homosexuality Act of 2014. Not that I have cared much about it, because I see the bigger picture. By all means no prosecution of any person is right or deemed fair, unless your proven guilty by rule of law. This law in the end didn’t get passed because of the Criminal Court of Uganda ruled the law invalid. Even though this happen. Still a few donor countries have sent fewer aid-dollars to government of Uganda. This is the governments of Norway, Netherlands and United Kingdom.

I haven’t been vocal about that law like all the rest of the western hemisphere. For the simple reason: I don’t see the big fuzz about it. Not that I accept the principal or the matter at hand. I see a whole lot of other different other causes I will run into the storm for when it comes to Uganda. Before the cause of the gays and its importance in the discussion of making a better country, I’ll run many other marathons. Let me explain. I scream and fight for the lost causes and redeem souls. In that sense when it comes to first fights in development. I’ll stay the course for the 99% first then the 1%. I am not saying that the gays and the other part of LGBT don’t need safety. But doesn’t the teacher deserve a secure pay? The other part of government and civil service secure a decent salary?

I will beat the drums to secure the righteous course of any citizen and on general basis, before any minority group. When you have society which is fabricated for one leading regime and its clients, then I got to stand up for anybody who wishes to succeed it and make a difference first. For the simple and expensive political freedom, liberty to really speak its mind, but also too make a honest living. Live in the hut, cottage, studio, the flat and make that your own castle; Because your free there. Not that the freedom to pick who love isn’t important. But when a great part of the country isn’t eating, elections are getting rigged; the defense force is used to persecute its own citizen, and those who can’t eat. Has to fight for the country in South Sudan, DRC, C.A.R. or Somalia. This money will be spent by the elite and not the soldiers risking themselves in the field either in an African Union operation or any other peacekeeping business. No, this money goes to the regime and gets pocketed. The honor of those men isn’t kept. The liberty and freedom and opportunities aren’t well shared. Where men of the UPC, DP and FDC can be taken by police and sent to Luzira. I am sure that the government’s spending money for development, but by far, many isn’t seeing that. But they complain about a gay law like lions on the savannah.

So when I am dropping the draft today. I do it because it was delivered to me. I see it as a important thing to spread. Though I will always blast the graft, the corruption and the political insufficiency first, then I will address the other matters. Because when it comes to define ethics and also moral standards that are big question. Which can’t be addressed simply, so when the matters at hand and this draft which is a continuation of the “Anti-Gay bill”. Therefore I do this because of the necessity thought it’s only for the 1%. First and formost I’ll step up for the 99%. So while I am dropping this draft I am adressing two different tales that wont get into international press at all. First I will usually address the matters of Sam Mugumya the aide of Dr. Kizza Besigye who is wished to be taken for custody by the Uganda Police Force for the moment he is rumored to be in secure location in Kinshasa, DRC. Second is how certain journalist can be taken by the police without any trial Jonathan Akweteireho and the citizen Kanti Rogers in Masindi. They have been there for three days without any court trial or prosecution. So I would go for this kind of causes because of the neglect on the mayor media houses to address it. So somebody has to.

Well here is the draft and if you despise my reasoning, be my guest.  Answer me and tell me off. But if you can’t see it… then you are just seeing a slim picture that isn’t a whole tale and in living color. That’s you… and if that hurts you. I’m sorry. Peace.

Here is the draft: 

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