Filipiak
Sony Computer Entertainment America, Inc. v. Filipiak
Opinion
Opinion
Spero, J.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
ORDER DENYING DEFENDANT’S MOTIONS TO DISMISS [Docket Nos. 62, 69] AND REQUEST FOR JUDICIAL NOTICE [Docket No. 75]
On November 10, 2005, the Court conducted a nonjury trial in the above matter and a hearing on Defendant’s Motions to Dismiss and Request for Judicial Notice. Pursuant to Federal Rule of Civil Procedure 52(a), the Court hereby makes the following Findings of Fact and Conclusions of Law. The Court DENIES the Motions to Dismiss and Request for Judicial Notice.
I.FINDINGS OF FACT
A. Introduction
1. Plaintiff Sony Computers Entertainment America, Inc. (“SCEA”), sued Steven Filipiak on June 14, 2004, seeking injunc-tive relief and damages for alleged copyright infringement under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §§ 1201 et seq., contributory infringement under the Copyright Act, 17 U.S.C. §§ 101 et seq., and unfair competition in violation of state law. Complaint at 1, ¶ 1. SCEA alleged that Filipiak operated an on-line retail store that sold devices used to modify PlayStation and PlayStation 2 video game consoles so as to circumvent copyright protection mechanisms that prevent copied games from being…