A woman has been ordered to pay damages and costs totalling more than £16,000 for illegally sharing computer game files over the Internet, using peer-to-peer networks.

The Patents County Court in London has ruled that she should pay Topware Interactive, owner of the computer game Dream Pinball 3D, damages of £6,086.56 plus costs and disbursements of £10,000.

This follows the recent decision at the Central London County Court against four people who were found to have infringed copyright by sharing games illegally on the Internet. 

Davenport Lyons, a leading London law firm, has recently launched proceedings against a number of people across the UK suspected of illegally uploading copyright works.

David Gore, a partner at Davenport Lyons, said: “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 award of damages follows a recent government brokered deal between the UK’s music and film industries and leading Internet service providers (ISPs) to tackle illegal file-sharing. Some six million people are thought to engage in illegal file-sharing each year, a trend which has cost the music and film industries many millions in lost revenue.

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.

The evidence supporting the disclosure applications and subsequent proceedings is obtained by forensic computer experts Logistep AG, based in Switzerland, who have developed software programs to search for and accurately identify the IP addresses used to upload the copyright owners’ work.

All UK claims brought are civil actions under the Copyright, Designs and Patents Act 1988.  There have been similar actions in other jurisdictions throughout Europe (although different procedures are often used). 

© Davenport Lyons 2008. All rights reserved.
This document reflects the law and practice as at August 2008. It is general in nature, and does not purport in any way to be comprehensive or a substitute for specialist legal advice in individual circumstances.