Piracy

 Nintendo of America Inc. has expanded its international campaign against video rental outlets and other retailers, distributors and importers who are renting or selling counterfeit Nintendo (R) video game cartridges for play on the Nintendo Entertainment System (R) (NES).

Nintendo said that the FBI and U.S. Customs in Detroit had arrested James Scott Davis, of Washington, Mich. and Troy Lucassion, of Saint Claire Shores, Mich., for bringing in excess of 100 counterfeit Nintendo cartridges across the border from Canada and offering to sell them to undercover agents.

Davis and Lucassion have been charged with violation of Title 17 U.S. Code Section 506 (a) (criminal infringement) and also Title 18 U.S. Code Section 2319 (criminal infringement of copyright). Two Canadians were also arrested on the same charges.

Howard Lincoln, Nintendo's senior vice president said: "This should send a very clear message to people who continue to deal in counterfeit Nintendo cartridges. Nintendo has committed substantial recources to identify video game counterfeiters and to bring information about their illegal activities to the attention of the FBI and U.S. Customs.

"We apreciate the exceptional efforts of both the FBI and U.S. Customs in bringing about these arrests."

On April 12, 1990, four people, including two Taiwanese nationals were arrested in Wilmington, N.C. by U.S. Customs agents for dealing in counterfeit Nintendo cartridges.

Additional lawsuits for copyright infringement have been commenced in Bridgeport, Conn. and Chicago and in Ottawa, Canada against video rental outlets. Also, Nintendo has sued a company offering counterfeit cartridges for sale over a 800 telephone line. In the Bridgeport action, some 60 counterfeit Nintendo cartridges were seized by U.S. marshals.

In Canada, over 500 counterfeit cartridges have been seized.

The lawsuits charge the defendants with willful infringement of Nintendo's copyrights by the importation, rental and sale of "multiple game cartridges" which contain up to 52 counterfeits of Nintendo and Nintendo-licensed video games in a cartridge. In addition, some defendants are also charged with the sale of counterfeit "Super Mario 3" (TM) game cartridges.

Lincoln said that the most common type of counterfeit Nintendo cartridges can readily be identified. "The cartridges are appproximately half the size of legitimate Nintendo cartridges and require an adaptor for play on the NES," he said. Lincoln indicated that Nintendo does not market "multiple-game cartridges containing 8-in-1, 10-in-1, 20-in-1 or 52-in-1, etc., video games.

"If a video rental outlet or retailer is renting or selling a multiple-game cartridge with an adaptor, that cartridge is a counterfeit product," said Lincoln.

According to Lincoln, the counterfeit Nintendo cartridges and adapters are being manufactured in Taiwan. "Nintendo is working closely to ban the importation of these counterfeit cartridges and to seize and destroy any incoming shipments. We greatly appreciate the assistance and close cooperation Nintendo has received from U.S. Customs," he said.

The lawsuits ask that the defendants be enjoined from distributing, advertising, promoting or selling counterfeit Nintendo cartridges. In addition, Nintendo said it will insist on a recovery of monetary damages from each defendant found liable for renting or selling counterfeit games.

Nintendo of America sells personal, home and arcade video games in the United States. The Redmond, Wash.-based company is the headquarters for the company's marketing operations in North America and is a subsidiary of the world's largest manufacturer and marketer of video games, Nintendo Co. Ltd.