British File-Sharer Ordered to Pay Damages to the Game's Creator

A British woman, Isabella Barwinska, has been ordered by London's Patents County Court to pay £6,087 plus costs of £10,000 for placing a copyright-protected computer game, Dream Pinball 3D, on a peer-to-peer file sharing network. In 2007, Topware Interactive Inc (Topware), proprietor of Dream Pinball 3D, started a campaign to actively pursue violators of its copyright in the game after several British ISPs were compelled to produce details of suspected pirates. Topware sent hundreds of letters to British residents who were identified as sharers of the pinball game, requesting that they each pay approximately £300 as a settlement for violating Topware's copyright. Those who refused a settlement, such as Isabella Barwinska, contested the civil action brought under the Copyright, Designs and Patents Act, 1988. Three other suspected sharers of the pinball game are awaiting damages hearings. An interesting aspect of the case is that it was heard and decided in a specialized intellectual property forum following a contested hearing. Presumably, therefore, the result may be used by the successful plaintiff to convince other defendants to settle the claims on favourable terms. For a news report, see: http://news.bbc.co.uk/2/hi/technology/7568642.stm Summary by: Oren Weichenberg