Unless those suspected choose to settle out of court, of course
The recent landmark ruling which saw the first person in the United Kingdom ordered to pay damages to a game producer for copyright infringement is already resonating in the region's game industry. Earlier this week, the Patents County Court in London ruled to have an unemployed mother pay over £16,000 GBP (approx. $29,786 USD) in costs and damages to Topware Interactive for downloading and distributing "Dream Pinball 3D" over file-sharing networks. She won't be the last person to face demands of payment, as more game companies are beginning an earnest counterattack against software piracy in the UK.
Representing five game companies including Atari, Codemasters, Reality Pump, Techland, and Topware Interactive, law firm Davenport Lyons was initially expected to target around 100 more individuals over software piracy in the wake of the ruling. Now the Times Online writes that the firm hopes to serve notices to no less than 25,000 individuals across the UK suspected of illegal downloading of games. Each will be asked to pay up to £300 GBP (approx. $559 USD) for settlement; refusal to respond/comply with the notices could lead to actual court action. Indeed, the aforementioned companies hope to make an example out of the first 500 people who ignore them.
The law firm is applying to the High Court for an order requiring internet service providers to hand over the names and addresses of 25,000 individuals suspected of illegally downloading computer games. They have already obtained almost 5,000 addresses after providing evidence that illegal file-sharing had taken place. The move has provoked strong criticism within the games industry. A source close to the Entertainment and Leisure Software Publishers Association said that most publishers would be reluctant to bring legal actions against their “core market” and would be likely to look for other ways to minimise losses due to piracy.
While the UK's ELSPA (Entertainment and Leisure Software Publishers Association) appears to be troubled by the companies' willingness to serve such notices, the organization concedes it must leave the decision to pursue legal action against downloaders up to the developers and publishers themselves should it be deemed appropriate/necessary for their individual businesses. In contrast, the ELSPA today applauded South Gloucestershire Trading Standards and the Crown Court for helping deliver a six-month jail term to another UK resident for illegal reproduction of counterfeit games, music and movies.
Is this only at individuals distributing this stuff or groups and websites as well?
It is important to note that the unemployed mother in this story didn't show up in court, thus received a default judgment against her. There are many valid legal defenses you could use in this case... unfortunately most people cited in this 25,000 person dragnet probably can not afford a lawyer.
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