Date: 20170301

Docket: T-245-16

Ottawa, Ontario, March 1, 2017

PRESENT: The Honourable Mr. Justice Campbell

BETWEEN:

NINTENDO OF AMERICA INC.

Applicant

and

JERAMIE DOUGLAS KING AND

GO CYBER SHOPPING (2005) LTD.

Respondents

JUDGMENT

WHEREAS the Respondent, Jeramie Douglas King, admits infringement of copyright in

the Nintendo Works, namely, copyright registration no. 1,051,042 (NINTENDO DS HEADER

BOOT CODE), copyright registration no. 1,094,948 (NINTENDO 3DS STARTUP

SEQUENCE), copyright registration no. 1,110,536 (GAME BOY ADVANCE BOOT CODE

WITH NINTENDO LOGO DATA FILE);

AND WHEREAS the Respondent, Jeramie Douglas King, admits to having

circumvented and trafficked in circumvention devices in respect of certain technological

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protection measures employed by the Applicant, Nintendo of America Inc (Nintendo) on the

Wii, Nintendo DS and Nintendo 3DS (Nintendo TPMs);

AND WHEREAS the Respondent, Jeramie Douglas King, admits that the circumvention

and trafficking of circumvention devices in respect of Nintendo TPMs has provided unauthorized

access to copyrighted works owned by Nintendo, including those listed in Schedules A

through D of the Notice of Application;

AND WHEREAS the Applicant has discontinued its claim of trade-mark infringement

against both respondents;

AND WHEREAS the Applicant and Respondent, Jeramie Douglas King, have agreed to

a resolution of the issues in this Application as between the two parties, without prejudice to the

Applicants continuing claims against the Respondent Go Cyber Shopping (2005) Ltd.;

NOW THEREFORE THIS COURT ORDERS THAT:

1. The Respondent Jeramie Douglas King shall not, through himself or through his

servants, employees, workers, agents, or any other person under his direction,

power or control:

a. Circumvent; offer services to the public for the purpose of circumventing;

or manufacture, import, distribute, offer for sale, or otherwise provide

technologies, devices, and/or components that circumvent, or are primarily

designed or produced to circumvent, or has only limited commercially

significant purpose or use other than to circumvent, or has ever been

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marketed by the Respondent or others acting in concert with him for use in

circumventing, any Technological Protection Measure, including but not

limited to any of the Nintendo TPMs, that protects Nintendos rights as a

copyright owner, or controls access to any work in which Nintendo owns

copyright;

b. Sell or rent; distribute; by way of trade distribute, expose or offer for sale

or rental, or exhibit in public, possess for the purpose of selling, renting,

distributing or trading, or importing for the purpose of selling, renting,

distributing or trading any unauthorized copies of works to which

Nintendo owns copyright or substantial parts thereof or any goods

containing unauthorized copies or works to which Nintendo owns

copyright or substantial parts thereof, including but not limited to the

Nintendo Works and the works in Schedules A through D of the

Notice of Application; or

c. Use the Internet or any digital network to provide services to the public for

the purpose of enabling copyright infringement of works in which

Nintendo owns copyright, including but not limited to the Nintendo Works

and the works in Schedules A through D of the Notice of Application.

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2. The Respondent, Jeramie Douglas King, shall, within 5 days of the execution of

this Order

a. Deliver up all goods, articles, works, technologies, devices, components,

or other materials, in his possession, under his control, or that exists on

any real property owned by him that offend against the injunction above

and provide evidence thereof;

b. Disclose all sources of all products sold or ordered, including but not

limited to all known corporate names, personal names, tradenames and

alias, addresses, bank account numbers, e-mails, telephone numbers and/or

Skype IDs and any documentation therefor, whether in his individual

capacity or by Go Cyber Shopping (2005) Ltd or through the entity Mod

Chip Central that infringe copyright in any Nintendo Work and/or

circumvents any technological protection measure implemented by

Nintendo, including by way of example, but not limited to, invoices,

purchase orders, supply records, agreements, and correspondence relating

to manufacture, importation, distribution, trade, sale, rental, or offer for

sale of any such products.

3. The Respondent, Jeramie Douglas King to pay $70,000 in damages and costs to

Nintendo of America on terms as agreed to between the Parties.

4. This Order speaks to the complete liability of the personal respondent, Jeramie

Douglas King in this proceeding in all capacities, including his personal

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capacity and as an officer, director and shareholder of the corporate respondent,

Go Cyber Shopping (2005) Ltd.

Douglas R. Campbell
Judge