VIVENDI UNIVERSAL GAMES, INC AND ANOTHER v. GLORY PACIFIC TECHNOLOGY LTD t/a CYBER WORLD

DCCJ5680/2003

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 5680 OF 2003

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D E C I S I O N

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1. In the hearing of this Order 14 application the defendant has failed to appear to contest the application.

2. From the evidence of the plaintiffs, I am satisfied that the plaintiffs have established ownership of the copyright of the computer game named "Warcraft III: Expansion Set: Frozen Throne" and that they are therefore the first owners of the work.

3. I am satisfied that the evidence shows that copies of the work had been made available by the defendant to players for playing in the defendant's cyber café and these copies are infringing copies without the plaintiffs' proper licence for commercial use.

4. From the evidence, it is clear that the defendant has breached the plaintiffs' exclusive right to: (a) copy of the work or any substantial part thereof; (b) to issue copy of the work or any substantial part thereof to the public; (c) to rent copies of the work or any substantial part thereof to the public; (d) to make available copies of the work or any substantial part thereof to the public.

5. Hence, the plaintiffs have established the right to final judgment, and to the orders applied for in this Order 14 application.

6. I grant an order in terms of paragraph 1, 2, 3, and 6 of the summons and I also grant Certificate for Counsel.