UK High Court Adopts Stricter Stance Over Software Piracy
Software pirate receives record sentence and PS2 mod-chips made illegal
"Ooh-arr, shiver-me-timbers etc" says a pirate
Following the three and a half year prison sentence handed down to a Welsh software pirate, who yesterday was found guilty of over 30 separate trademark and video recording offences, it would seem that the British legal system is beginning to take a considerably stricter stance over the wider piracy issue. In legal terms, the unauthorised duplication of copyrighted materials is a clear, unambiguous violation. However, the UK High Court has also decided that the sale of PS2 mod-chips, such as Messiah, is also illegal.
After Italian judges had declared that PS2 owners had the right to modify their consoles as they deemed fit; and with gaps in Spanish law also permitting mod-chips, the news comes as an important victory for Sony. Under EU law, it is illegal to circumvent copyright protection systems: and this has been interpreted by British judges to insinuate the prohibition of PS2 mod-chip sales. Presumably, this also pertains to chips for other consoles, such as the Xbox Xecuter: which works in a very similar way.
However, whilst mod-chips and pirated software are now plainly illegal, UK law does not yet have an entirely comprehensive grip on the issue. Action Replay style boot-discs are still widely available, and PS2 ‘flip-top’ lids are not categorised as mod-chips. In principle, it is legally possible to hack off the top of your PS2, which makes the bypassing of the copyright mechanism a viable option. Although to play copied games on it would make such hardware mutilation immediately illegal.
After Italian judges had declared that PS2 owners had the right to modify their consoles as they deemed fit; and with gaps in Spanish law also permitting mod-chips, the news comes as an important victory for Sony. Under EU law, it is illegal to circumvent copyright protection systems: and this has been interpreted by British judges to insinuate the prohibition of PS2 mod-chip sales. Presumably, this also pertains to chips for other consoles, such as the Xbox Xecuter: which works in a very similar way.
However, whilst mod-chips and pirated software are now plainly illegal, UK law does not yet have an entirely comprehensive grip on the issue. Action Replay style boot-discs are still widely available, and PS2 ‘flip-top’ lids are not categorised as mod-chips. In principle, it is legally possible to hack off the top of your PS2, which makes the bypassing of the copyright mechanism a viable option. Although to play copied games on it would make such hardware mutilation immediately illegal.
Companies:
Sony
Read More Like This
Comments
TigerUppercut 22 Jul 2004 11:18
1/5
Pirate or child killer? You decide...
Joji 22 Jul 2004 12:55
2/5
Nice battle victory for Sony, but they will have trouble winning against piracy.
I've been thinking of late that the piracy pitch is a bit of an excuse to get us to stop buying import games. I agree that pirated and copied games are hurting the market, but putting imports in the same ring isn't at all fair, because money is still going into Sony etc pocket through a legit sale.
Two games I'm still so surprised we never received in EU/U.K are PSone Xenogears and PS2 Xenosaga. When this happens you have two choices, bag a pirate copy or buy an import copy. I'd much rather choose the latter, so Sony and Square get their share, as opposed to nothing for a pirate copy. I also find that pirate gaming can't be that rife in the u.k, because game prices now are cheaper than ever. Places like China are where Sony should be worrying about. I also have a chipped PSone from years ago which I keep to play PSone imports I've been denied, the good thing about my chip is that it WILL NOT RUN PIRATED GAMES, JUST IMPORTED GAMES. If some chips still do this feature where is Sony's arguement, and how come the haven't high lighted this fact?
Courts can say whatever they like, doesn't mean the gamer in the street will listen, just like when your mother says something and you do the opposite. The ban is in the E.U/U.K, but borders mean nothing in the this internet age, where you can shop anywhere in the world and have it delivered to your doorstep. Trying to stop someone from customising THEIR console, which THEY PAID FOR is futile.
Sony haven't made a clear enough distinction between imported and pirate games, maybe because if they had they might have had a weaker case in court. because people who import games are gamers, not jack the lad pirates out to make a quick buck. It seems they have a small victory here, congratulations to them.
Pop the champagne, praise the lord for Action Replay and import games, and down with pirate games.
I've been thinking of late that the piracy pitch is a bit of an excuse to get us to stop buying import games. I agree that pirated and copied games are hurting the market, but putting imports in the same ring isn't at all fair, because money is still going into Sony etc pocket through a legit sale.
Two games I'm still so surprised we never received in EU/U.K are PSone Xenogears and PS2 Xenosaga. When this happens you have two choices, bag a pirate copy or buy an import copy. I'd much rather choose the latter, so Sony and Square get their share, as opposed to nothing for a pirate copy. I also find that pirate gaming can't be that rife in the u.k, because game prices now are cheaper than ever. Places like China are where Sony should be worrying about. I also have a chipped PSone from years ago which I keep to play PSone imports I've been denied, the good thing about my chip is that it WILL NOT RUN PIRATED GAMES, JUST IMPORTED GAMES. If some chips still do this feature where is Sony's arguement, and how come the haven't high lighted this fact?
Courts can say whatever they like, doesn't mean the gamer in the street will listen, just like when your mother says something and you do the opposite. The ban is in the E.U/U.K, but borders mean nothing in the this internet age, where you can shop anywhere in the world and have it delivered to your doorstep. Trying to stop someone from customising THEIR console, which THEY PAID FOR is futile.
Sony haven't made a clear enough distinction between imported and pirate games, maybe because if they had they might have had a weaker case in court. because people who import games are gamers, not jack the lad pirates out to make a quick buck. It seems they have a small victory here, congratulations to them.
Pop the champagne, praise the lord for Action Replay and import games, and down with pirate games.
more comments below our sponsor's message
YenRug 22 Jul 2004 13:33
3/5
Technically, if Sony went after someone who was selling mod chips that only allowed access to import games, they would have to go to court again. They would most likely try to use this case as a precedent, to bring a quick ruling, but any decent lawyer would quickly bring up enough reasons for it to go to a full trial. That is when we would find out the real legal position on modding chips, rather than those people who are furthering piracy.
Joji 22 Jul 2004 15:25
4/5
I seriously think it's about time this industry accepted import gaming, and stopped hiding behind masks about it. The car industry has imports, but are drivers persicuted for buying foreign or online?
If a game is not released in one region why is it such a crime to go find the game of your dreams elsewhere if Sony, Nintendo etc don't think it will sell in your region. We also don't live in a dictatorship so who are they to say how I should use something I bought from them?
They must also acknowledge that without an import market the only other option would be pirate games, if fact the import market is the only thing stopping pirate games from becoming more wide spread globally.
Think of what it would be like if you could only eat one type of food. Naturally you'd get bored and want to experience something else. Games are no different in that respect.
If a game is not released in one region why is it such a crime to go find the game of your dreams elsewhere if Sony, Nintendo etc don't think it will sell in your region. We also don't live in a dictatorship so who are they to say how I should use something I bought from them?
They must also acknowledge that without an import market the only other option would be pirate games, if fact the import market is the only thing stopping pirate games from becoming more wide spread globally.
Think of what it would be like if you could only eat one type of food. Naturally you'd get bored and want to experience something else. Games are no different in that respect.
config 22 Jul 2004 17:15
5/5
Ah, but which one costs corporate big money?