iRacing Motorsport Simulations, LLC retained us to protect its copyrights in the code base for NASCAR® 2003 computer game. After Tim Robinson, a self-proclaimed simulated racing enthusiast: (1) distributed customized applications over the Internet that automatically modified the NASCAR® 2003 game to appear to run different cars; and (2) by-passed the embedded system designed to require an original disc to be inserted in the end user’s computer while running the program, we filed suit in Federal District Court in Massachusetts seeking a temporary restraining order and expedited discovery, which was granted. iRacing Motorsport Simulations, LLC v. Robinson, No. 05-11639 NG (D. Mass. Aug. 26, 2005). Thereafter, the Court denied Robinson’s motion to dismiss (or alternatively to transfer venue), even though the end user license agreement vested exclusive jurisdiction in the Los Angeles courts, given evidence that Robinson knew that iRacing was headquartered in Massachusetts and that his alleged violation of iRacing’s copyrights would cause injury in Massachusetts. iRacing Motorsport Simulations, LLC v. Robinson, No. 05-11639 NG (D. Mass. May 1, 2006). The Court thereafter granted summary judgment for iRacing on its Digital Millennium Copyright Act claim and found that iRacing had established: (1) all of the requisite elements of its copyright infringement claim; and (2) three of the four factors of Robinson's fair use defense in iRacing's favor. iRacing Motorsport Simulations, LLC v. Robinson, No. 05-11639 NG (D. Mass. May 25, 2007). The Court later found that Robinson had also breached the end user license agreement. iRacing Motorsport Simulations, LLC v. Robinson, No. 05-11639 NG (D. Mass. Sept. 24, 2007).
A bench trial was conducted to determine damages – and to consider the fourth factor of Robinson's fair use defense – in February 2009. On May 28, 2009, the Court entered an Order against Robinson finding him liable on all counts, including copyright infringement, violation of the Digital Millennium Copyright Act, breach of a confidentiality agreement, and breach of an end user license agreement. The court entered judgment against Robinson for over $25,000. Robinson, No. 05-11639 NG (D. Mass. May 28, 2009). See also First Racing LLC v. McArthur, No. 05-10544 JLT (D. Mass. May 10, 2005) (settled favorably for copyright holder following the entry of a temporary restraining order against further Internet distribution of applications infringing on NASCAR® 2003 copyrights).