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Nintendo v Playables [2010] EWHC 1932 (Ch)

Case Summary  |  Judgment  |  28 July 2010


Martin Howe QC and Jonathan Hill acted for Nintendo in their successful application for summary judgment against a substantial dealer in devices used for circumventing the copyright protection measures used by Nintendo to protect Nintendo DS handheld games consoles and the games and storage media designed for use with them. Floyd J considered the application of s.296ZD and s.296 of the Copyright, Designs and Patents Act 1988. Departing from the earlier decision of Laddie J in Sony v Ball, he held that under s.296ZD it was not necessary to show that the devices under consideration would actually be used for circumvention within the UK – one only needed to consider whether the devices were capable of being used to circumvent.