In a landmark case for the gaming industry Topware Interactive have been awarded £16,000 in damages after an East London resident illegally shared their games online.
An unemployed Mum of two from East London has been ordered to pay over £16,000 in compensation after she illegally shared games with friends over the internet.
It emerged yesterday that Isabella Barwinska, 32, was taken to court last month by Topware Interactive who claimed she had shared copies of their game, Dream Pinball 3D, illegally.
She was found guilty by London’s Patents County Court on July 22nd and ordered to pay £6086.56 in damages and £10,000 in costs to the developer. This makes her the first Brit ever to be penalised by the legal system for copyright infringement by illegally sharing games online.
However, these proceedings were not without warning. Barwinska was one of 500 individuals who received a letter of admonition from Topware Interactive’s legal representation earlier this year after she was identified as having shared the Dream Pinball game.
Had she complied and agreed to meet the £300 settlement figure requested she would never have been taken to court. However, as Ms Barwinska contested the accusation, Topware Interactive had no option but to sue for damages.
Time is now ticking for the Canning Town resident who has until Monday to pay the fine; Topware’s lawyers have confirmed that non-payment by Ms Barwinska will result in further legal action being taken.
While this is the first case of its kind in the UK, it certainly won’t be the last and experts predict that the litigation floodgates have now been opened. Topware Interactive alone have another 3 cases waiting for trial and are actively pursuing many others.
”This is the first of many," said David Gore, a member of Topware Interactive's legal team, "It was always intended that there would be a lot more." 'Illegal file-sharing is a very serious issue resulting in millions of pounds of losses to copyright owners.
Topware initially began investigating the true extent to which pirating of their software occurred last year after new broadband legislation forced UK ISPs to share details of individuals they suspected of engaging in this illegal activity. Many other UK based game developers will now be following suit and pursuing action against those that infringe copyright laws.
However, after what represents a landmark case for the gaming industry many are now hoping that the magnitude of the fine incurred by Barwinska will make the 6 million other Brits that file share illegally sit up and take notice.
