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Nintendo wins major piracy protection court ruling

Nintendo has successfully taken an Italian seller of devices designed to allow pirated games to run to court – and won.

The decision was made by the First Instance Tribunal of Milan against an importer and seller of so-called ‘circumvention devices’, with game copiers and mod chips given as two examples of such piracy-enabling goods.

The Tribunal referred two queries onto the Court of Justice of the European Union (CJEU) to see whether Nintendo’s use of security to protect against piracy was proportionally justified – and therefore legally supported.

The decision, which was in Nintendo’s favour, marks the first time that any Member State national court has used the CJEU’s guidance on piracy protection – which is Europe’s highest court.

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