Nintendo Co. Ltd v PC Box SRL and 9Net [C-355/12]

Nintendo Co. Ltd (widely known as a games console company) appeared at The European Court of Justice, represented by Martin Howe QC, against PC Box SRL for supplying devices which allowed Nintendo console users to play pirate copies of video games.

Nintendo argued that PC Box had breached their copyright by allowing gamers to play pirate copies of games on the Nintendo devices.

The defense argued that its devices could allow gamers to play non-infringing games such as ‘homebrew’ which were created by developers who are not licensed by Nintendo.

The European Court ruled that a video game falls under Directive 2001/29 as it is not only a computer program but also includes other creative elements. In addition, it is the national court who should examine the evidence of the actual use of the impugned devices to see just how often they are used to allow unauthorized copies of Nintendo-licensed games to be played.

share this Article

Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp
Share on email

Recent Articles

How are NFT’s regulated in the UK?

The Financial Conduct Authority (FCA) has not yet provided guidance on NFT’s specifically with regards to regulation in the United Kingdom (UK). However, the FCA

What is an NFT and why create one?

NFT stands for non-fungible token. Non-fungible essentially means the token is unique and cannot be replaced with another. For example, a Bitcoin is fungible, so,