Topware Interactive and the ISP6

It has been reported that Topware Interactive, a computer game developer, has obtained a high court order compelling ISPs in the UK to reveal the identities of users who are suspected of illegal file sharing online.

CyberPanda is eager to know which ISPs other than BT and Virgin Media are involved. In addition, CyberPanda is also eager to learn what specific information will be disclosed and on what facts are taken into account, before a decision is made that a specific user might be involved in illegal file sharing. The danger here of course is that orders might be obtained against users on the basis of very flimsy factual evidence. CyperPanda is not suggesting that this happened here but it might very well happen in the future unless the necessary caveats are drawn out when the order is made, relating to how the determination of whether or not a user is a suspect, is made.

It will be interesting to see how this matter progresses and whether users will accept settlement offers or would prefer to go to trial despite the hefty award of damages that might be made against them. It will also be interesting to see which companies (and in particular from the music indsutry) will follow suit.

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Test case on illegal game sharing online.

A test case concerning illegal game sharing online was heard this week in the London Patents County Court. Topware Interactive, the creators of 'Dream Pinball' lodged an action against a user of the game (Ms Barwinska) who shared a copy of the 'Dream Pinball 3D' online.

In the landmark ruling, the Patents Court found in favour of the Plaintiff and the Defendants was ordered to pay in excess of £16,000 in damages. The Court clearly wanted to make a substantial award of damages to deter future acts of illegal sharing. This decision will in most likelihood make users think twice about illegal sharing of games online. It has been reported that a number of users are awaiting trial on a similar issue.

Despite its obvious benefits, the ruling has also opened the floodgates in this area and one has to wonder how individuals can be expected to pay this sum of money. Surely, the host of the platforms used to share the files have a degree of liablity as they enable such acitivities to take place and hence they should share a portion of the blame. The other issue is that some users (e.g. minors) may not be aware of the nature of the activity in question (ie. that it is illegal). In such cases, it seems very harsh indeed to award substantial damages as such a sanction does not meet the requirements of fairness, transparency and proportionality. I think this case casts a strong invitation for educating particular groups of users (e.g. minors) so that they are fully aware of the nature of activity and the penalty if such activities take place. It is only then that such large awards against vulnerable groups will meet the requirements of fairness, transparency and proportionality.

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