Sony Wins $6 Million Award Against U.S. PlayStation Modder
Text of Sony v. Filipiak Decision
On Dec 27, 2005, In this decision, Sony was awarded more than $6 million in statutory damages against an individual that sold Playstation mod chips in contravention of the anti-circumvention provisions of the DMCA. The statutory minimum and maximums are $200 and $2,500 per violation. Sony was awarded $800 per “wilful” circumvention/infringement for initial violations and the highest possible, $2,500, for violations that occurred after the defendant had signed a consent judgment agreeing to stop such violations – he didn’t! In this case a computer forensics expert was able to determine that the defendant had erased thousands of incriminating transaction files/records just prior to handing his hard drive over to Sony’s counsel as agreed in a consent judgment.