Jeramie King and his affiliated business, Go Cyber Shopping, has been ordered to pay CAD 12.76 million (USD 9.5 million) for the distribution of software that circumvents Nintendo’s devices.
King asserted that the flashcarts were used for the purpose of homebrew software. The unofficial software is written for Nintendo devices and allows users to make a range of modifications. It is similar to the jailbreak software available for the iPhone.
But the Federal Court of Canada said that homebrew software is not a recognised exception under the Canadian Copyright Act and that King provided no evidence that it meets any sort of exception.
Devon Pritchard, general counsel and senior vice president of business affairs at Nintendo of America. said: “Nintendo continues to be a leader in bringing innovative gaming platforms and software to our fans and millions of gamers across the globe.”
“Nintendo has an established track record that demonstrates our resolve to protect our iconic characters and franchises.”
“We will continue to protect the creative works of our developers and vigorously enforce our intellectual property rights against those that attempt to steal or misuse them.”