I can see this case having one of two results. One possibility is that the court decides that anything incorporated into a law must be freely available. This results in publishers suing governments for damages whenever a new law effectively revokes the copyright on their property.
The second possibility is that the government outsources law writing, and turns it into a profit center by charging a fortune for access to the law.
oh wait, they already do outsource the law writing to lobbyists.
Canadian Copyright Act, Bill C-42
Section 32.2 (1)(b)(i)
32.2 (1) It is not an infringement of copyright
(b) for any person to reproduce, in a paintng, drawing, engraving, photograph or cinematographic work
(i) an architectural work, provided the copy is not in the nature of an architectural drawing or plan
A transit station is an architectural work. The game would count as a cinematographic work, and thus is very specifically exempted by the law
It's worse than you think. Customs authority covers any area within 100 miles of a point of entry to the US. This includes international airports!
When you plot 100 mile radius circles around every international airport in the US, and any area within 100 miles of a border, you find that 90% of the United States is now an area where the constitution no longer applies.
There is a huge difference between the power of the government, and the power of the individual, but in both cases, the law is being twisted to do something it was never intended to do. Also in both cases, the twisting of the law leaves an opening for further abuses of that same law.
What does restroom toilet paper have to do with Prenda?
Well, Given how easy it would be to disprove these allegations, and the fact that Prenda has not done so, I suspect that shares in Prenda Law are going to become valuable only for their utility as toilet paper.
Given that punishments for infringement have been ratcheted up as far as the death penalty without much effect, I'd have to say the answer to your question is 'never'.
The severity of the punishment is not a deterrent. Those who knowingly commit an offense always believe they won't get caught. The only way to deter people is to guarantee that they will be caught. The cost of doing that is way more than they value of the entire music industry, let alone the value of the major record labels.
I could even live with Viacom's stupid regional licensing restrictions if they would redirect me to the 'proper' website in this country where I can watch it, but they're too lazy to even bother to do that.