Game Developers Turn On File Sharers In The UK

by Robin Pilgrim, LawAndTax-News.com, London

20 August 2008

A ruling delivered by London's Patents County Court this week against a woman found to be illegally sharing computer games via P2P networks is being seen as the tip of the iceberg with regard to legal actions against file sharers in the UK.

Isabella Barwinska was ordered to pay the maker of Dream Pinball 3D, Topware Interactive, more than GBP6,000 in damages, and GBP10,000 in costs.

However, the law firm representing Topware Interactive, Davenport Lyons, has revealed that Ms Barwinska's case is just one of hundreds that it is set to bring in relation to Dream Pinball 3D, and one of thousands relating to the illegal sharing of other types of copyrighted content.

In a statement issued following the Patent Court verdict, David Gore, a partner at Davenport Lyons, observed that:

“Illegal file-sharing is a very serious issue resulting in millions of pounds of losses to copyright owners. As downloading speeds and Internet penetration increase, this continues to be a worldwide problem across the media industry which increasingly relies on digital revenues.”

“The damages and costs ordered by the Court are significant and should act as a deterrent. This shows that taking direct steps against infringers is an important and effective weapon in the battle against online piracy.”

The statement went on to reveal that:

"Davenport Lyons has recently been asked by media rights owners to obtain further disclosure orders against Internet service providers. These claims mostly relate to computer games, but films, software and music will also be involved."

"Several thousand names and addresses have already been ordered by the High Court of London to be released by the ISPs concerned. Another application is set to be issued at court in relation to a further 7,000 IP addresses."

This follows the signature in July of a "groundbreaking" agreement between the industry body for the UK's recorded music business, the BPI, major internet service providers, and the government on measures to help significantly reduce illegal filesharing.

The BPI explained in late July that:

"Following negotiations facilitated by the Department for Business, Enterprise and Regulatory Reform (BERR), BPI on behalf of hundreds of UK record companies big and small has signed a Memorandum of Understanding (MOU), with the UK’s six largest internet service providers. The Motion Pictures Association of America and BERR have also signed."

"The MOU places joint commitments on the signatories to continue developing consumer education programmes and legal online services. Most importantly, for the first time ISPs will be required to work with music and other rightsholders towards a “significant reduction” in illegal filesharing."

The BPI went on to reveal that:

"To achieve this, in the first year hundreds of thousands of informative letters will be sent by participating ISPs to customers whose accounts have been identified by BPI as being used illegally. In addition, under the auspices of Ofcom, the signatories will work together to identify effective mechanisms to deal with repeat offenders."

"Alongside the MOU, BERR has today published a consultation on proposed new legislation requiring ISPs to deal effectively with illegal filesharing. It is anticipated that the outcome of this consultation will provide a co-regulatory backdrop to the MOU."

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