Activision Sues Alleged CoD Pirate
Activision is suing an alleged software pirate for up to $150,000 per offense, Edge has learned.
Court filings from late August say that the publisher of the hit Call of Duty series is suing James R. Strickland of New York for copyright infringement, an act which includes illegally copying and distributing games.
The case revolves specifically around the Xbox 360 version of 2006′s CoD3, but Activision also accuses Strickland of "copying and/or distributing" other unnamed copyrighted videogames. The firm said that it intends to amend the current complaint "to add additional acts of infringement."
Read the complaint, "Plaintiff is informed and believes that Defendant, without the permission or consent of Plaintiff, has copied the Copyrighted Video Game and distributed the Copyrighted Video Game to the public.
"In doing so, Defendant has violated Plaintiff’s exclusive rights of reproduction and distribution."
Marc Mayer, a lawyer working on the case at L.A.-based Mitchell, Silberberg & Knupp, told Edge that he was not authorized to say to what extent Strickland allegedly distributed pirated games, or how Activision caught wind of the activity.
Activision said the alleged infringement was "willful and intentional, in disregard of and indifference to the rights of Plaintiff."
The Santa Monica-based publisher is seeking statutory damages ranging from $30,000 to $150,000 for each infringement of each copyrighted videogame.
Activision is also asking the U.S. District Court, Central District of California to enjoin the defendant from copying and distributing its games, and is demanding that Strickland destroy all copies of allegedly infringing materials.
The firm is also seeking reimbursement of legal fees.
"The conduct of Defendant is causing and, unless enjoined and restrained by this Court, will continue to cause, Plaintiff great and irreparable injury that cannot fully be compensated or measured in money," Activision’s complaint added.
Reps for the publisher did not immediately respond with comment.