Addleshaw Goddard

UK 200 2013 position: 23

Nintendo v P C Box: European court considers technological protection measures for copyright for the first time

Nintendo structures its games and consoles (DS and Wii) so that they recognise each other by exchanging encrypted information in order to unlock the consoles and allow the games to be played. According to Nintendo, the purpose of this is to prevent the use of the consoles to play unauthorised copies of protected games. However, third parties argue that its real purpose is to increase sales of Nintendo’s own games.

P C Box makes mod chips and games copiers that enable people to play unauthorised games (neither made nor licensed by Nintendo) on Nintendo devices by circumventing Nintendo’s trusted platform modules (TPMs).

Nintendo applied for an injunction to stop the sale of P C Box’s devices in Italy. The Milan District Court made a reference to the Court of Justice of the European Union for a preliminary ruling to clarify the scope of the relevant provision (Article 6) of the Copyright Directive (2001/29/EC)…

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Analysis from The Lawyer

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    Number crunching: Addleshaw Goddard

    The past five years have not been easy for Addleshaw Goddard. The firm’s revenue fell 7 per cent from £173.1m to £161.9m between 2008/09 and 2010/11 and despite finances looking up in 2011/12, when Addleshaws reported a 30 per cent increase in net profit, it has shown no notable compound growth in turnover since 2007/08.

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