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Sony vs Modchips

Cryptnotic writes "Sony has decided to instigate legal action against companies distributing two new Playstation 2 modchips, the Messiah and the NEO4. Sony has previously ignored modchip makers who made products which were only capable of playing CD-R copies of games. These new modchips, however, have legitimate uses, such as playing original import games or out-of-region DVD's. Aparrantly this is what has angered Sony." If I could read Kanji I'd probably care a bit more ;)

122 of 423 comments (clear)

  1. Re:Aaargh... by singularity · · Score: 2

    Sony, as a member of the MPAA and RIAA, probably cares a great deal about you playing out-of-region DVDs.

    --
    - (c) 2018 Hank Zimmerman
  2. Screw you Sony! by Brontosaurus+Jim · · Score: 2, Interesting

    I guess none of us should be surprised at this. After all, we know how the big distribution houses like to do things, and how we (the consumers) really have no choice.

    Well, I hope this gets people angry, because it's really such an obvious ploy to line Sony's pockets with our money. I really don't see how these companies can keep this sort of thing up without any sort of outcry from those of us that own the products that we can't do what we want to with.

    I mean, geez, if Sony doesn't want me hacking up it's boxes, why did it _sell_ them to me? Come on Sony, ligthen up!

    1. Re:Screw you Sony! by Bi()hazard · · Score: 5, Funny
      Exactly, if Sony doesn't want us to play with the PS2 hardware, they should license it instead of selling it, thereby making any hardware modifications, or even opening the case, a felony.

      Furthermore, if they were smart, they'd put in a cd key system where keys are assigned at the store based on your PS2's serial number. The store would ask Sony for the dynamically generated keys. Too bad it's not common to hook PS2's up to the internet; if it was the PS2 could warn Sony about invalid keys or suspicious changes in the hardware, and they could forward you to the police.

      They could also put in physical barriers, such as a self destruct mechanism that is triggered whenever the case is opened.

  3. Pirating games...duh! by Brendan+Byrd · · Score: 5, Interesting

    If Sony curbs modchips, then people won't be able to bypass the copy protection. Your case with the Dell is flawed, because the PC is open hardware. PS2 is closed to the max, and they are attached to both the hardware (which they don't make money off of) and the software.

    Not to say that this is fair in a legal respect, but Sony isn't thinking about law (like every other corporation); they are thinking about money. Again, blame the creation of the stock market for creating this mentality in businesses.

    1. Re:Pirating games...duh! by Forkenhoppen · · Score: 2

      Not likely. You need the kit in order to be able to run anything you make with the kit. What you make is stored on the (proprietary) hard drive, and I don't exactly see a CDR or DVDR burner being sold for the PS2 any time soon.

      Also, I suspect you have to have the linux boot dvd that's included with the dev kit in order to run anything off of the hard drive. It all comes down to being the same old matter of needing the boot codes/format in order to boot whatever the stuff is in a PS2. I'd say you're out of luck.

    2. Re:Pirating games...duh! by Forkenhoppen · · Score: 2

      Depends on how much access Sony gives you to programming for the peripherals, I guess..

      Still, you're not going to be able to do anything spectacular. The linux unit probably flashes the bios of the PS2 in such a way that it can't boot stuff from the DVD drive. (Every time you boot a disc in a PS2, the PS2's bios is flashed.) And I'll bet they don't let you flash the bios yourself from within their linux kit.

  4. Legitimate Uses? by aka-ed · · Score: 2, Interesting
    Playing unlicensed software (out of region dvds and import games) is not "legitimate," if by legitimate what you mean is "legal."

    I find regional coding abhorrent myself, but in terms of law, providing the capability of running software that isn't licensed for a release in a given region is one of the specific things the DMCA was meant to stop. It was practically written by Sony (and its cohorts).

    --
    I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
    1. Re:Legitimate Uses? by cpt+kangarooski · · Score: 4, Funny

      Bzzt. There's no law that prevents you from importing software that is otherwise legal. You're not violating copyright by, for example, going to the UK, buying a book only printed in the UK, and bringing it back.

      Hell, even if they are subject to licenses, which is certainly fairly doubtful, the validity of the licenses themselves are in doubt, as well as their applicability to a situation such as importing.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:Legitimate Uses? by mike260 · · Score: 2

      I find regional coding abhorrent myself, but in terms of law, providing the capability of running software that isn't licensed for a release in a given region is one of the specific things the DMCA was meant to stop.

      Sony is shutting down UK modchip distributors, and we have no such law here. AFAIK, it's well within our rights to play an import game or movie on a chipped station.

    3. Re:Legitimate Uses? by verbatim · · Score: 2, Flamebait

      "AFAIK, it's well within our rights to play an import game or movie on a chipped station."

      The argument presented by many people is laughable at best. Yes, but is that "chipped" station legitmate. You are circumventing the copy-control methods of the device and are therefore breaking the law (under the DMCA). Isn't this the hurdle that DeCSS faced? Hmmm.

      Has no one learned that big business runs the US and owns it's liberties?

      Freedom is a delusion that pacifies the huddled masses. Democracy is a parlour trick and Justice is a farce.

      --
      Price, Quality, Time. Pick none. What, you thought you had a choice?
    4. Re:Legitimate Uses? by Ami+Ganguli · · Score: 2

      You're assuming the user is in the U.S. In most of the world it's perfectly legal.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
    5. Re:Legitimate Uses? by mike260 · · Score: 2

      Has no one learned that big business runs the US and owns it's liberties?

      Yep. Thank f*ck I live in the UK (as I thought I made clear in my original post).

    6. Re:Legitimate Uses? by verbatim · · Score: 2

      I live north of the US border. And yes, upon closer inspection you did indicate that you lived in the UK (my gaffe).

      --
      Price, Quality, Time. Pick none. What, you thought you had a choice?
    7. Re:Legitimate Uses? by autopr0n · · Score: 2

      how about I blame you for being a fucking illiterate moron?

      Maybe, but a device that routes around regional encoding (like these mod chips) is definitely forbidden by the DMCA. Therefore, its uses are by no means "legit," even if "legal."

      The DMCA forbids the use of devices that break copy control and copy control only. It says absolutely nothing about region encoding. Perhaps you should actually, like, read the law before spouting off about it.

      --
      autopr0n is like, down and stuff.
    8. Re:Legitimate Uses? by Grishnakh · · Score: 2

      The free economy still exists, in that corporations retain the unfettered right to gouge.

      The free economy is in Washington: the buyers are big corporations, and the sellers are Congresspeople. The two exchange money for laws. The congresspeople can't raise their prices too high or competing congresspeople will sell laws to the corporations for less money.

    9. Re:Legitimate Uses? by jchristopher · · Score: 2
      Playing unlicensed software (out of region dvds and import games) is not "legitimate," if by legitimate what you mean is "legal."

      Uh, no. Modifying your hardware to get around region coding isn't illegal, just inconvenient. In fact, selling region LOCKED hardware may soon be declared illegal in some parts of the world, with manufacturers forced to sell only region-free hardware.

      You shouldn't feel guilty or worried that you're doing something illegal by modifying your own hardware. Stealing games is another thing - play copied games you don't own, and you're a dirtbag. Modifying your stuff to play imported Japanese or Euro games is fine - just pay for them.

  5. The solution is obvious by mosch · · Score: 4, Funny

    The solution is obvious, boycott the Sony Playstation 2 until they change their attitude. After all, there are alternatives.

    1. Re:The solution is obvious by mike260 · · Score: 2, Insightful

      You'd be much better off encouraging people to buy PS2s and use them solely as DVD players - Sony subsidises the consoles quite heavily.

    2. Re:The solution is obvious by Evro · · Score: 3, Funny

      I encourage everyone to pay $300 for a DVD player with no remote control! The cure to all our ills.

      --
      rooooar
    3. Re:The solution is obvious by Proud+Geek · · Score: 2

      That's not true; they make a negative loss on PS2's, which is to say, they make a profit. The only console on the market now which is sold at a loss is the XBOX, and you can bet that the loss isn't so high as some people here would have you believe. Further, much of it is likely a paper loss that goes directly from the XBOX group to profits in the Windows 2000 Embedded group.

      Further, sales figures are big propoganda for Sony. They likely do make more in licensing fees if people buy a lot of games, and if developers make a lot of games. Why do developers write games for a console? When there are lots of consumers to buy them. Even by depriving Sony of the profit of licensing fees for games you buy, you are still putting them ahead because they can use you to convince developers to buy licenses to make more games because of you.

      If you buy Sony, you help Sony. It doesn't work any other way.

      --

      Even Slashdot wants to hide some things

    4. Re:The solution is obvious by Tofuhead · · Score: 2

      ...as well as what many would consider a superior alternative, for which modchips are not required due to the fact that multi-region modification is trivial.

      < tofuhead >

      --
      It is still the dark of night.
    5. Re:The solution is obvious by mike260 · · Score: 2

      That's not true; they make a negative loss on PS2's, which is to say, they make a profit. The only console on the market now which is sold at a loss is the XBOX

      This has got me intrigued...where did you get that info from?

      Even by depriving Sony of the profit of licensing fees for games you buy, you are still putting them ahead because they can use you to convince developers to buy licenses to make more games because of you

      Actually, publishers (they're the ones writing the cheques) take note of how many games get sold per console too.

    6. Re:The solution is obvious by WasterDave · · Score: 2

      SSX. And it is, EA Sports appear to not have contractual obligations with Sony.

      http://ssxtricky.ea.com/xbox/xbox.html

      Dave

      --
      I write a blog now, you should be afraid.
    7. Re:The solution is obvious by WasterDave · · Score: 2

      Oh, OK. I am the lamer :)

      Dave

      BTW: "Slashdot requires you to wait 20 seconds between hitting 'reply' and submitting a comment.
      It's been 19 seconds since you hit 'reply'!"
      FFS.

      --
      I write a blog now, you should be afraid.
  6. Makes no sense by redcup · · Score: 4, Interesting

    SONY never went after MOD chip makers because there was no legal precendent. With the DMCA and the broad enforcement and wide interpretation of it's laws, SONY probably feels - make that probably does - have a clear victory in this case. But this is just another case of a major corporation essentially sueing the people by going after a few companies. Armed with the DMCA and the legal standard that legitimate use doesn't matter, large, entrenched companies can continue to use the DMCA to prevent other, legitimate, businesses from eating their market share.

    Not that it really matters - people will always make these mod chips and sell them, or instructions to make them, on the internet. Heck, even X-Box hacking is gaining steam against M$'s weak protections. The problem is companies want to control more than just their product - they want to control if you can buy it, use it, how you use it and for how long. Yeah, right - I'm going to sit back and pay money so some other company can control a small part of my life.

    If we've learned nothing from history, you only own what you can control, and you can't control people or technology... for long.

    --

    RC
    1. Re:Makes no sense by cymru1 · · Score: 2, Insightful

      Thats all very well but both of the modchip suppliers mentioned in the article were based in the UK. Now it may have escaped my notice but I don't think we've had any precedent layed down over the DMCA ;)

    2. Re:Makes no sense by Forkenhoppen · · Score: 5, Insightful

      Actually, this is a case of things happening exactly how Sony wants. Here's how I see it:

      Up until now, Sony has had a tough time with modchips. Each time a new one is released, they release a new way of detecting the modchip to game developers. Game developers add this check, and that modchip is defeated.

      Every time a modchip is defeated, the end-user has to upgrade their modchip. Now if every user has to upgrade every time they get a new game, how often do you think it's going to be before the end-user finally gets ticked off at upgrading, and just switches to buying legit copies?

      Additionally, think about this; newer games can detect old modchips. So if you have an old modchip, you can't play newer games, even if you buy them legit. Now you're forced to choose between modchip and legit.

      This is what Sony's counting on; people "wasting" so much money on modchip upgrades that they go straight. If you can't buy a modchip and have it last, then you may as well not buy the modchip, right?

      Enter the Messiah and NEO4. (the latter potentially; I'm not sure if it works the same way) The Messiah is a one-time upgrade that fixes your PS2 for the lifetime of the system. From what I understand, they've placed the chip in such a place that newer Sony games can't easily detect it's presence.

      Sony can no longer rely on people getting tired of upgrading modchips--now they have a problem. This is where the DMCA comes in.

      Arguably, this is how Sony wanted it all along. Sue them back into the stone age, using their newly-bought DMCA. Of course, they could've used this tactic at any time, but the ability to piss off pirates with a constant "upgrade your modchip" routine probably greatly amused/satisfied the people at Sony. Now that they're no longer able to do that, they'll use the more expensive--yet reliable--method of just suing them into the ground.

      It's been in Sony's best interests to wait to sue, btw, because there now exists legal prescedent for using the DMCA. Before, it could've been hairy..

    3. Re:Makes no sense by JohnG · · Score: 2
      Dmitri Skylarov


      You forgot the predicate: "was in the U.S."

    4. Re:Makes no sense by Ryan+Amos · · Score: 2

      Adding to your comment, the Messiah chip is supposedly flashable with extra room for expansion modules. I'd love to get my hands on one but they're about $80. However, installing a Messiah or NEO4 chip is not trivial. Gone are the days of an 8 pin PIC chip, the NEO4 is a PCB with about 35 wires, the Messiah has over 20. Also, the solder contacts on the PS2 are so much smaller than the PSOne you had better have a full set of soldering equipment on hand and REALLY know what you're doing. These new chips will not be installed by Joe User with a Radio Shack soldering iron.

      Most people I know have modded PSOnes, but getting a mod chip installed in a PS2 will easily set you back over $100 (chip is expensive plus getting it installed is really expensive.) For me, that's really not cost-effective right now, especially seeing how most PS2 games are on DVD, and thus can't be copied cheaply. Also, I have no real desire for PS2 imports, as all of the really worthwhile games are coming to the states anyway now. Gone are the days of Americans getting fucked over on games (read: FF5, SD3, the whole Dragon Quest series, Ys, and many other excellent games.) Now we even get the really quirky titles like Dance Dance Revolution and Jet Set Radio.

      Pretty much the only use for these new chips is piracy, as the Messiah chip will play all games (copies, imports, etc) with no swap. The NEO4 requires a swap for burned DVD PS2 games, but that's it. There are USB mods that will allow regionless DVD playback. But none of this really outweighs the fact of how damn expensive these things are. I'm really not ready to shell out $150 to be able to play burned games (which will cost me $400 for a burner and $10 a game) and thus, these mod chips seem more of a niche product than the PSOne mod chips.

    5. Re:Makes no sense by autopr0n · · Score: 4, Informative

      there now exists legal precedent for using the DMCA. Before, it could've been hairy..

      Thats all fantastic speculation there, save for the fact this is going down IN ENGLAND!!!!!!!

      I cant believe you managed to type so much based on absolutely nothing

      --
      autopr0n is like, down and stuff.
    6. Re:Makes no sense by Forkenhoppen · · Score: 2

      Company policy knows no borders. Just because they start in England doesn't mean they wouldn't do the same here if these chips were being sold domestically.

  7. Self-inflicted piracy, or Why I would use Chips... by joebp · · Score: 5, Insightful
    This is going to be incoherent, I apologise. Some points...
    1. The only reason I would buy, or make, a chip would be to play legally-bought imports, because:
      • Some PAL conversions suck.
      • Some games never even get released here! (ala Tsugunai)
      • The ever-present release/conversion delay.
      • Prices
    2. I wouldn't, but with this in mind, and a chip installed, other people might be more tempted to buy illegal or counterfeit copies, since they already have the chip to run them.
    3. (So) buy basically forcing me to chip my playstation to play legally[1] imported games, they may well have increased piracy... Ooops.
    [1] My PS2 is legally bought, my imports (would be) legally bought, all my games and peripherals are Sony branded, yet I cannot play games I legally buy. The same stupid situation exists with DVDs.
  8. you have that backwards by jugg · · Score: 4, Informative

    According to TheRegister article, its actually the opposite that has Sony "annoyed".

    The article says "Mod-chips ... free users to use titles from any zone" in regards to playing games and DVDs region free. It continues on to say "However, the chips can also be used to play copied and pirated titles on the console, which is where Sony starts to get annoyed;...".

    It really doesn't take much to proof read an article quickly before posting a story to make sure everything lines up...

  9. Re:Aaargh... by haruharaharu · · Score: 2

    then sales would go up

    This would be a bad thing for Sony - if PS2 sales go up without an increase on games, Sony loses money.

    --
    Reboot macht Frei.
  10. Common Misinterpretation of 17 USC 602 (a) by Brian+Ristuccia · · Score: 5, Informative

    How the fuck do you get off calling playing games from different regions legitimate? It is ILLEGAL, dumbass!

    (a)

    I suspect you're referring to 17 USC 602 (a), which reads as follows:

    Importation into the United States, without the authority of the owner of copyright under this title, of copies or phonorecords of a work that have been acquired outside the United States is an infringement of the exclusive right to distribute copies or phonorecords under section 106, actionable under section 501.

    But one important thing you've neglected to do is to read further. 17 USC 602 (a) (2) goes on to say:

    This subsection does not apply to importation, for the private use of the importer and not for distribution, by any person with respect to no more than one copy or phonorecord of any one work at any one time, or by any person arriving from outside the United States with respect to copies or phonorecords forming part of such person's personal baggage; or...

    There's also exemptions for government use, scholarly, religion, and educational purposes, and for libraries. You should read all of 17 USC 602 (a) before jumping to conclusions about whether it's legal to import games for personal use or to play lawfully imported games.

    1. Re:Common Misinterpretation of 17 USC 602 (a) by Brian+Ristuccia · · Score: 2, Informative

      The programs are different. Japanese version has japanese text. They are different "works" and so this rule does not apply at all. Only Sony's license applies.

      The fact that whatever you import differs from what's available domesticly does not cause 17 USC 602 (a) (2) to cease to grant its exception allowing one to import copies for personal use. Read 17 USC 602 again; it mentions nothing of the sort. Indeed, the main reason for importing a work rather than purchasing it domesticly is that what's available by import is not currently available locally.

  11. Not about Region coding or 'personal backups' by Teman+Clark-Lindh · · Score: 3, Flamebait

    Just like the medical marijuana movement, there is a great deal of intellectual dishonesty in the gaming community surrounding mod chips. The illegitimate uses of these paticular chips far outweight the semi-legit ones.

    Backups are a red herring - it is technically infeasable right now to back up PS2 games, and may remain so well into the future. I don't think PS2s will even read DVD-Rs... The only possible use for the 'backup' features is software piracy. To say otherwise is to brand yourself an idiot. Be honest here people, you just want to play 'backups' downloaded off IRC. Stop whining about this and just admit you want to steal games, and accept that Sony is going to try and do something about it!

    In a perfect world, there would be exactly two functions performed by a PS2 mod chip - DVD region code breaking and PS2 region breaking. Region coding is the biggest bunch of bullshit that the world has ever seen, and circumventing it doesn't even result in lost revenues.

    --
    There's no mystical energy field that controls my destiny. It's all a lot of simple tricks and nonsense.
    1. Re:Not about Region coding or 'personal backups' by mj6798 · · Score: 3, Interesting

      How do you know? And what does it matter? It's copyrighted material, and under fair use provisions, people used to have the right to copy the CD/DVD for personal use. Copyright implies rights not only for the author but also for the public.

  12. Misleading? by JJC · · Score: 2, Interesting

    The article write up is a bit demonising and misleading IMHO. These new modchips are the first ones that allow users to play import games, but they're also the first ones which allow you to play copied DVDs (previous ones could only do CD-Rs). Now, I can't be bothered to get into the copyright debate, but it does annoy me that both the mod-makers and the console designers lump import games and copied games together. I don't give a crap about copied games, but the console makers shouldn't make a fuss about their region-locking. If they aren't delivering what I want, and I can get it from the US or Japan then that's their problem. In fact, I'm half-suprised that they can legally attempt all this region-locking stuff.

    1. Re:Misleading? by Jarnis · · Score: 2, Informative
      There is a problem with PS2 regarding console running either copied games or original imports.

      SONY THEMSELVES MADE THE CONSOLE SO THE TWO ARE LUMPED TOGETHER.

      You *cannot* make an 'import/region free only'-mod to PS2. Once you do that, as a side effect, the console also plays CDR/DVDR copies.

      There has been lenghty discussion about this in the related websites, and the fact is that when the modchip developers finally had the breakthru and got the imported originals to work, they got the 'copied games work without disk swap' as a free bonus.

      There has been disk-swap-requiring modchips for over an year. They didn't work with originals from other regions - to get the game to work you first *had to make a copy of it* (and usually apply a patch or two to the CD image), and do an unwieldy swap trick to boot it up. Sony woke up the moment there was a modchip that ran everything with no disc swap - basically as soon as their 'detecting if the disc is original and from what region'-protection was reverse-engineered and everything could be played without disc swaps.

      Reason for this is simple; There are *seriously* more people who just want to import US games to europe than those who want to pirate stuff. Why? Most of the new games releases come here 1-6 months later than US. I *CANNOT* buy Metal Gear Solid 2 for my PS2. I won't be able to until maybe sometime late february 2002. I have really no desire to get a pirated copy on a DVDR - I'm perfectly willing to buy it. I cannot. These new mods would have made it possible for me to import it from the US.

      Naturally this would have harmed local Sony Computer Entertainment Europe and their country-specific distributors and their local monopoly to rip off anything they want and release as late as they want. Their options to prevent the loss of monopoly is either to match US prices & do a lot of work to make sure stuff is released simultaneously, or kill the modchip developers. Quess which one is easier to do?

      Both known developers of these new modchips are in europe. Market for the chips is mainly in europe. DMCA has very little to do with the whole issue, as it is not an european law. Sony just wants to protect their ability to release stuff in europe as late as it wants and at a price it wants. Cheaper to release late than to spend money to make sure localizations of manuals etc are done by the time the game is ready and shipping.

      Just my 0.02 euros...

  13. Re:If you can't beat them, Join them by WasterDave · · Score: 2

    I will not buy a PS2 until I can backup my game collection.

    Yeah, right.

    What Sony need to do is make it absolutely clear that a PS2 disc is only a carrier for some intellectual property you have licenced. If the disc gets borked, take it to a shop and ask for another - and they will swap it without even blinking. Of course, we have just about no chance of this actually happening, but it would get around a whole bunch of "backup" issues.

    Dave

    --
    I write a blog now, you should be afraid.
  14. Re:haha sony by Maul · · Score: 2
    How come Microsoft has yet to show me a lineup of games making it worthwhile to buy an XBox, then?
    IIRC, Square is still on board with Sony, exclusively. IIRC, Konami, Capcom, and most developers are making games for all three major consoles right now as well.


    I think Sony is more pissed that people are pirating games.

    --

    "You spoony bard!" -Tellah

  15. Moderators: Top of the page != Insightful by mike260 · · Score: 2, Troll

    Insightful? It's an insight into the mind of someone who knows exactly nothing about what a PS2 modchip is/does.

  16. THESE MODCHIPS ARE NOT FOR PIRACY by oGMo · · Score: 5, Insightful

    You really should read actsofgord, which explains this nicely. There are two sorts of modchips: the ones that defeat copy protection, and the ones that defeat region protection. The latter are what we're talking about; the only use for them is playing legitimate, bought-and-paid-for games from different regions.

    There is only one reason to have region "protection", and that's simply control. The only thing I can see this gains for companies is by letting them use this artificial monopoly to increase the price in certain regions. Technological controls keep them from importing. This is not a copyright-protection issue. It is only an issue of control and artificial price inflation.

    I have a PS2 (not to mention lots of peripherals and 15 legitimate games I paid full price for, not to mention the load of legitimate PSX games I also bought), and I love the games, and I'd love to import stuff. Sony's wanting to rip another $400+ out of me for an import PS2 is just pure greed. They lost against Bleem, I hope they lose here, too.

    I love the games. I want the games. But this is ridiculous.

    --

    Don't think of it as a flame---it's more like an argument that does 3d6 fire damage

  17. Imported Copies Lawfully Aquired - Use OK by Brian+Ristuccia · · Score: 4, Informative

    Playing unlicensed software (out of region dvds and import games) is not "legitimate," if by legitimate what you mean is "legal."

    You don't need a license to use software. You only need to have lawfully aquired a copy of that software. According to 17 USC 602 (a) (2), copies imported for personal use have been lawfully aquired. Also, see 17 USC 117 (a) (1), which specificly makes copies made as "an essential step in the utilization of the computer program" non-infringing. 17 USC 117 (a) (1)'s exemption certainly includes copies made while loading the program into memory, a popular excuse used by those who argue that a license is required in order to use software. Your arguments that either obtaining or using imported copies is infringing or unlawful are at best unconvincing.

    The text of 17 USC 602 (a) (2) follows:

    Importation into the United States, without the authority of the owner of copyright under this title, of copies or phonorecords of a work that have been acquired outside the United States is an infringement of the exclusive right to distribute copies or phonorecords under section 106, actionable under section 501. This subsection does not apply to

    [...]

    importation, for the private use of the importer and not for distribution, by any person with respect to no more than one copy or phonorecord of any one work at any one time, or by any person arriving from outside the United States with respect to copies or phonorecords forming part of such person's personal baggage; or...

    There's also exemptions for government use, scholarly, religion, and educational purposes, and for libraries. You should read all of 17 USC 602 (a) before jumping to conclusions about whether it's legal to import games for personal use or to play lawfully imported games.

    1. Re:Imported Copies Lawfully Aquired - Use OK by aka-ed · · Score: 2, Insightful

      The DMCA carries a "prohibition on circumvention of technological measures that control access to copyrighted works," which would almost certainly apply to modchips.

      Therefore, the use of such devices is not "legitimate" or legal. Period.

      I'm not in favor of the law, but it is the law.

      --
      I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
  18. The cost of leisure ... by LL · · Score: 5, Interesting

    ... the problem with the entertainment industry is that it is often tied to disposable income (if you don't watch TV you're not going to die regardless of what kids think). As such there is serious competition for our attention ranging from walking in parks (NY muggings excepted) to window-shopping in malls (a legitimate form of entertainment as shown by theme parks taking this philosophy to extremes such as Disney). Groups such as Sony have to come up with ever more inventive ways of parting you from your money ... err catching your attention and delivering amusement. This problem is exasperated by the fact that different countries value leisure differently. A third world sweat shop worker just simply has better things to buy (like education for their kids) than light entertainment. Hence global companies cannot charge the same price for the same item (CD) in different countries. Hence their desire for market segmentation tools such as multi-zoning.

    Now is this considered fair? Places like Australia don't believe so as their competitive watchdog recently ruled that multi-zoing was anti-competitive as it hindered parallel importing (is source CD from other countries). On the other hand companies argue that it is like passenger classes in planes, first-class still get there at the same time as cattle-class but pay significantly more. Many companies (esp software/pharmaceuticals) use the high prices of their products in 1st world countries to cross-subsidise less developed markets. Given the increasing connectivity of world trade this is becoming increasingly difficult.

    Computers with digital rights management (aka service variability) is one mechanism to enforce this market segmentation, especially if it can be enforced through fixed/controlled end-points (cough*Xbox*cough). This is why companies hate mod-chipers and related products (satellite decodes, overclockers, etc) as it allows individuals to exploit the artificial price differential between 1st/3rd world pricing strategies. The end-result is a technological arms race (embedded ids, self-destruct, registrations, etc) in order to maintain this separation between high-margin customers and more marginal users. A person collecting warez for bragging rights is *NOT* willing to pay the same recommended price as someone looking to kill time by renting an evening game.

    Anyone who thinks a company is going to destroy their global economic model just to please a small (but vocal) group of (from their point of view) "parasites". A large enough business entity can tolerate a small percentage of free-riders but is likely to come down hard on any systematic or organised threats to their business provided they can distance themselves from any media-fallout (cough*Adobe*cough) ... up to the point of lobbying legislators (cough*DCMA*cough) to exterminate what they view as inappropriate economic conduct.

    Fortunately the free market (e.g. open source movement) has a little influence in moderating the extreme behaviour of the more pervasive global corporations.

    LL

    1. Re:The cost of leisure ... by sjames · · Score: 2

      In summary, the same company that makes it's product where labor and goods are cheap and exports it to where labor and goods are expensive (reletively speaking) objects strongly to consumers buying their product where labor and goods are cheap and importing them to where they are expensive.

      Hmmmm....

    2. Re:The cost of leisure ... by WNight · · Score: 4, Informative

      As you say, there's no such thing as a free lunch.

      If you sell something to me for $10 you can't stop me from going and selling it to someone else for $15, even if that cuts into your intended business plan of selling it for $40.

      If you want to sell it to people in rich countries, price it low enough that it's not worth them buying it in a poor country and shipping it over.

      The whole concept of "veteran's discount" and such is that stores are giving this away to generate good will even though they know there's no law to specifically support it. A veteran could buy a product from a store for 20% off and sell it to someone for 10% off, pocketing the difference. Stores know this and don't make the discount too large and don't offer it on items that have a nearly 100% resale value.

      It's a completely different topic for AMD to test a batch of chips and sell them at the speed they'll all perform at instead of testing each one individually. They're potentially selling more, for less. They're selling an nMhz chips and if yours works at n+100Mhz, you've got no reason to complain.

      The only time this becomes objectionable would be if AMD sold a chip that could be overclocked and then tried to sue you for doing so. Luckily though, the hardware companies (with the exception of Rambus whose CEO is about a smart as a stick of warm butter) know that there's no basic in law for this.

    3. Re:The cost of leisure ... by spitzak · · Score: 2
      This would be a great argument if the games and DVD's were actually more expensive in the rich United States.

      Unfortunately they are also cheaper here than anywhere else. They are most expensive in the poorest 3rd-world countries (if they exist at all there).

      Oops.

  19. Re:If you can't beat them, Join them by mike260 · · Score: 2

    If Sony started selling a $200 more expensive version of the PS2 with the mod chip already installed, I'd be willing to bet they would make more money on game consoles than from games.

    You're absolutely right. That's because they would sell exacly 1 copy of each game published, for the very brief period before developers abandoned PS2 developement altogether.

  20. Re:Legitimate uses?! by khuber · · Score: 3, Insightful
    The existence or absense of a law doesn't legitimize actions in an ethical or moral sense.

    Cartels that artificially control prices and distribution may be legal, but many people, myself included, believe that they are wrong. Slavery, prohibition, and preventing women from voting were all legal once in the U.S.

    And there are plenty of instances where "copy protection" causes problems for legitimate users. I've had many rented VHS tapes with Macrovision where the tracking was screwed up. Some of my games require me to have a CD in the drive even though I installed everything on the hard disk. I do not copy these things. I paid for them legitimately.

    -Kevin

  21. Re:Screw you Sony?!? by EboMike · · Score: 2, Insightful

    I mean, geez, if Sony doesn't want me hacking up it's [sic] boxes, why did it _sell_ them to me? Come on Sony, ligthen up!

    Now that's rich. "I mean, geez, if Pac Bell doesn't want me phone phreaking, why did they _sell_ me a phone line? Come on, Pac Bell, lighten up!".

    FYI: Sony doesn't make money off the boxes, they make money off sold games.

    Modchip = #1 way to enable piracy for the masses = immense loss of profit for Sony AND game developers AND publishers. And since I'm in that group, I can say that Sony, by trying to get rid of modchips, promotes security for my very job.

  22. Not sure what this means... by CMiYC · · Score: 2

    Okay, I haven't bought a PS2 yet. I'm waiting for a price drop before I do. So does this mean in the interest of playing old PSX backups, I need to buy a modchip now? Or are the modchips the articles referring to (reading them didn't clear this up any) only related to imports and imported DVDs? Call me crazy, but I don't know Eastern languages very well, so getting games and movies that only speak those aren't any fun. If those are the only modchips going away in the very near future, then that's fine with me (and maybe only me).

  23. Sony should bless modchips by mr.+phantastik · · Score: 2, Insightful

    It doesn't make any sense. Modchips help sales of the psx and ps2..why kill them? I doubt sony is under any legal obligation to make sure that the hardware they SELL to people is being used for legitamte purposes (ie. for playing properly-regioned DVDs). shouldn't it be the responsibility of the movie makers to go after these dvd playing chips?

  24. EULAs for console games are printed ON the box by yerricde · · Score: 2, Insightful

    Bzzt. There's no law that prevents you from importing software that is otherwise legal.

    Except the EULA printed on the back of the box: "Licensed for use only with products bearing the PlayStation logo and [NTSC|U/C] designation." Any other use violates the patents on the PlayStation hardware.

    even if they are subject to licenses, which is certainly fairly doubtful

    The console licenses are more explicit than PC software EULAs, as the terms for consoles and games are printed right on the back of the package, next to the UPC symbol, as opposed to being hidden inside the shrinkwrapped box like PC software licenses.

    the validity of the licenses themselves are in doubt

    Even that doesn't prevent Sony from abusing the legal system, filing frivolous lawsuits against small businesses in order to run up the small businesses' legal bills. The legal system is broken, and Congress has shown itself to be too bought to fix it.

    --
    Will I retire or break 10K?
    1. Re:EULAs for console games are printed ON the box by phaze3000 · · Score: 2

      Those EULAs aren't worth anything (at least here in the UK where the Neo4 and Messiah are made). 'Licensed for use only with products bearing the PlayStation logo and [NTSC|U/C] designation.' has no legal meaning at all. You can't violate a patent by using something in a way not intended by the patent..

      --
      Blaming GW Bush for the Iraq war is like blaming Ronald McDonald for the poor quality of food.
    2. Re:EULAs for console games are printed ON the box by Pig+Hogger · · Score: 2
      Bzzt. There's no law that prevents you from importing software that is otherwise legal.
      Except the EULA printed on the back of the box: "Licensed for use only with products bearing the PlayStation logo and [NTSC|U/C] designation." Any other use violates the patents on the PlayStation hardware.
      Bzzt. Licenses are not the law.
    3. Re:EULAs for console games are printed ON the box by autopr0n · · Score: 3, Insightful

      Except the EULA printed on the back of the box: "Licensed for use only with products bearing the PlayStation logo and [NTSC|U/C] designation." Any other use violates the patents on the PlayStation hardware.

      Jesus, you can't make up laws just by printing them, you fucking idiot. People aren't 'licensing' the box when they buy it the store, they are buying it.

      --
      autopr0n is like, down and stuff.
    4. Re:EULAs for console games are printed ON the box by WNight · · Score: 2

      Wrong again.

      A console is just the same as a car. Buy it, strip it, rebuild it. All legal.

      The DMCA applies only to software, and even this it's a product of bribery and won't last.

  25. False by mbrubeck · · Score: 5, Informative
    1. Re:False by aka-ed · · Score: 3, Informative

      A lot of what "gord" says sounds right to me; here's another take on it, though, from an article in Red Herring (worth reading for its general "take" on the game wars):

      "According to most estimates, Sony's PlayStation 2 cost the company $450 per unit upon initial production in early 2000. The company had first sold the machine as a loss leader for $360 in Japan and for $300 in the United States and Europe. The strategy paid off with the first Play Station because Sony was able to reduce the product's cost from $480 in 1994 to about $80 now (it was initially priced at $299 and is sold at about $99 today). Meanwhile, the company sold about nine games for every console. That model allowed Sony to make billions of dollars over the life of the PlayStation, even if it lost money at first."

      --
      I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
    2. Re:False by The+Gord · · Score: 2, Interesting

      I wrote that essay up because I got tired people saying every console is sold at a loss. It's just as annoying when people were saying the Genesis had blast processing. "It must be true! I heard it from a few people!" The reason why Sony is profitable is because they went out and spent $2B before the first PS2 was even created on things like the chip foundry with Toshiba and the dual-oscillating DVD/CD laser, while MS and Nintendo are paying someone else a profit to design their machine chipsets and assemble their machines. Everyone involved is going to be making a profit. No one is going to work for free or lose money just because they want to be nice. For us to accept that Sony is losing money per console sold, we also have to accept that many, many, many employees at Sony are involved in a conspiracy to defraud investers of billions of dollars in stock value by misrepresenting hundreds of millions of dollars in profit. And all these employees are looking at jailtime if Sony gets caught. And Sony will face fines in the hundreds of millions of dollars from government agencies in Japan. Further, we have to accept that SEVERAL governments are turning a blind eye while Sony then violates trade laws and continues to engage in dumping their products in foreign markets around the world at below cost in order to leverage their market share. And most importantly we have to accept that Sony chooses to sell their machines at a loss AFTER spending $2B to even make the first one. Sony will have to sell 330 million PS2 games just to reach a break even on the $2B, and that doesn't even factor what you claim they would be losing per console sold or the money Sony spends on advertising. I don't even have to prove that I am right when I can prove that I can't possibly be wrong. At least we all agree the humour on the site is good... ;)

    3. Re:False by The+Gord · · Score: 4, Insightful

      The "blast processing" argument was to show how people will often believe something if they hear it enough times. Who knows how many things I believe to be true simply because they are outside my realm of immediate knowledge. Though for this debate, I do believe I am very much in right.

      I would agree that the console market has gotten very expensive to produce a console. The days of when everyone went down to RadioShack, bought some parts, and sold it as a console are now pretty much over.

      If memory serves, from 1993 to 1994 we had 14 consoles introduced into the market (Jaguar, 3DO, PlayStation, Saturn, CD-32, NeoGeoCD, PC-FX, 32X, hmm.... memory failure). Well, I have the number 14 in my head. Anyway, there were a lot of consoles coming out in the early 90's. And all were pretty much off the shelf parts.

      The PlayStation pretty much ended that era. Suddenly Sony wasn't playing by the rules, and this gave them a huge advantage. Further, SGI wanted to sell their console idea and they floated it around, and eventually Nintendo picked it up and packaged it as the N64. (old interviews in Next Gen magazine with SGI said they offered it to Sega, but Sega declined).

      Anyway, that takes us to today. For a console to have a shot, it's got to be bleeding edge. It's got to make us stand up and go "damn that's pretty". To do that costs a lot money.

      Nintendo, MS, and Sony all spent a lot of money on their consoles before the first one were made. How much? A hell of a lot more money than I have.

      Then we enter the production phase. MS and Nintendo have outsourced for all their parts. It is by far a cheaper way to do things, though it costs more in the long run.

      Sony on the other hand is walking into this console generation with all hands saying they will win. They can afford to spend billions building facilities to make PS2 parts, and that they did. Over $2B!

      Now, let's go do some math.

      Let's assume that the cost of a PS2 if $300US. We'll also pretend that Sony sets all sorts of records. They'll hit 100M sales by the end of 2004, and a billion games by then too.

      Assuming they hit a billion games by then, they will have earned $6 billion in royalties. That is the magic number. $6B.

      Now, from this $6B, we take away the $2B they have already spent on new facilities. THat leaves $4B. Ok, $4B in the bank.

      Next, advertising. Sony spend over half a billion annually on PlayStation brand promotions. We'll round down to $2B for the sake of argument. That leaves $2B in the bank.

      Ok, Sony is now sitting at $2B in the bank after a 4 year worldwide record run of the PS2. And that's assuming the machine is a breakeven.

      Right now the PS2 is $240US in Japan. Now Japan, and $280US in Europe. Let's say all three regions sell equally, that brings a mean price of $273 per console. That would mean Sony is losing $27 per console now. Assuming we keep this loss average over the course of the life of the console, that would be 2.7B.

      Sony just lost $700M assuming the PS2 is a breakeven at $300. And that still doesn't cover what Sony spent actually designing the machine up.

      Let's go better! Let's say the popular price of $350 is the cost. So Sony is losing $77 be console on average. Assuming this was the average for the life of the console, Sony would have just lost $5.7B.

      Hell, assuming that Sony is losing $77 per console now, even if they were to reduce the cost of the machine every month by $10 a month, Sony would still never post a profit from the PS2, assuming Sony sticks to regularly scheduled price drops of the retail price.

      And this still doesn't factor in how the PS2 cost more to design as Sony designed all the parts in it.

      The financial arguement that Sony is losing money does not make sense. With Nintendo and MS it does, because they have outsourced. They didn't spend an extra $2B+ up front. Instead they are paying a premium to use someone elses parts and to use someone elses facilties to build their machines.

      Which brings us back to the stock fraud arguement. It does not make sense that Sony would hide not only losses from the PS2 from investers to gain a marketshare in which they will continue to lose money, but to then pay dividends on that money they claimed? That further pushes up the loses.

      Further, according to Sony's quarterly stock filing, they have $7.6B in cash and cash equivelants on hand. That just isn't enough to carry the kind of losses that everyone is expecting the PS2 to lose.

      It also states Sony spent $2B in that quarter on cost of goods as well as advertising and other such ongoing expenses during that quarter in the SCE department. Sony sold 4.62M PS2's and they also also sold 2.37M PS1's.

      Assuming we go with the $80 for PS1's ($189M), and $300 for PS2's ($1.407B), that brings a total of $1.596B. Then we add in things like advertising ($100M+ to we're at $1.7B), wages (assuming SCE has only 5000 employees, that would be $100M a month). And boom. We're already at the total money spent without adding in extra things like phone calls, rent, electricity, travel expenses, cost on extra things like controllers, etc, etc. And this is assuming the PS2 is sold at cost!

      The cash argument does not make sense either in the long term or the short term.

      As for my view on the XBox and GC, it's simple market and consumer buying patterns at work. There has been no change in the level of support the PS2 has, and consumers have no compelling reason to forgo buying a PS2 to buy any of the other two consoles.

      It's possible to like something and be critical of it. I'm just being a realist. Further, the PS2 still continues to dominate the GC and Xbox on daily sales. As such, the PS2 will continue to get the most games, and by default the most consumers. It's a vicious cycle.

      And as it now stands, I don't see how MS or Nintendo can overthrow the PS2 juggernaught.

      As for the site, just for you I'll get on my ass and do an update by Thursday. Just because I love you! I'll bring on the funny!

    4. Re:False by kwashiorkor · · Score: 2, Insightful

      I'm not sure about your analysis of the economics of the PS2, so I'll accept them as likely to be true. However, I don't believe in your assertion that the PS2 is garaunteed to dominate. I think you are forgetting about just how much most developers despise the PS2 (allegedly, of course).

      The way I can see SONY losing its console crown is through a developer migration to the XBox and GC, two system deisgned to be developer friendly. If the majority of developers migrate to either of these platforms as their primary target, that relegates the PS2 to second fiddle status which will make it less desireable in the eyes of gamers.

      The reason I can see developers migrating to the GC or Xbox is because the can maximize profits per unit sold on those platforms. If they are easier platforms to develop on, then developers will take advantage of the reduced production times which means much less expense which in turn means greater profit margins.

      Sure, they can go for the high grosses of the PS2, but what if they decide to go for higher margins? Knowing that by concentrating their development efforts on the GC and XBox they will attract more gamers to those platforms. This will eventually mean high gross AND high margins. Win/win for the developers if they switch now.

      I'm not saying that they'll simply abandon the PS2, because that would be insane (with it's exceptional installed base). However I can see them relegating it to the status of a porting platfom. The porting duties being handed off to other development houses.

      It may be a less likely possibility than PS2 dominance, but I think that it makes the future a lot less certain than you seem to indicate.

      --
      -- kwashiorkor --
      Leaps in Logic
      should not be confused with
      Jumping to Conclusions.
    5. Re:False by Sir+Tristam · · Score: 2
      Sorry, I'm afraid that this just doesn't stand up. To "prove" that Sony can't be covering its costs to manufacture, promote and distribute the PS2 platform, you start with the assumption that the manufacturing cost of the unit is equal to the retail cost of the unit. Since the retail cost includes end-seller mark up, by this assumption you are assuring that you will "show" Sony is taking a loss on the PS2. To put it simply, you are using the logical fallicy of circular reasoning: you are assuming the very thing that you are setting out to prove.

      Provide some factual basis for the manufactuing cost that Sony encurs for the PS2, and try this again.

      Chris Beckenbach

    6. Re:False by Sir+Tristam · · Score: 2
      Doh! I lost track of who was where on the argument; that's what I get for reading Slashdot between license tests.

      I would be impressed if Sony is making $100 profit on each PS2 unit sold. If we assume a 40% retail markup and that Sony is doing the wholesaling (i.e. no middleman between Sony and the retailer), then Sony has a revenue of $179.97 on each unit. (My sole retail experience was in a different sector, so the retail markup on consumer electronics might be lower, which makes things easier for Sony.) With $100 profit, that would mean that the manufacturing cost is right at $80 per unit. Spreding the $2B cost of the fabrication facilities over 100M units (your numbers from a few posts up) gives $20 from each unit going to cover the facilities, leaving $60 per unit to cover raw materials, wages, and other design costs. It might be possible, but I don't think so. But they should be able to cover their costs with $160 per unit.

      Found this .pdf. As of 2001/9/30, PSX total sales are 88.25M units, PS2 19.57M units; PSX software 802M units, PS2 72.5M units. So it looks like there are 9 games sold for each PSX, and 3.7 games sold per PS2...but the PS2 also plays PSX games. That'll make things harder to track. The game division is claiming a $34M operating income in the quarter that ended 2001/9/30, but that's different from a profit. With 4.62M PS2 units shipped in that quarter, $100 profit per would be $462M. Drat, now I've got to figure out where those numbers should fall on a balance sheet.

      Anyway, I agree with you that the PS2 is probably profitable, although I doubt the $100 per unit figure. I apoligize for mis-remembering what position you were taking in the discussion, and losing track of your thesis. Take care.

      Chris Beckenbach

  26. Re:If you can't beat them, Join them by dangermouse · · Score: 2
    You know, I'm all for this sort of thing from software publishers in general.

    I don't really care about import games, and I'm not particularly interested in pirating domestic releases, either. Let's face it, there aren't enough good games to make piracy worthwhile... I'll just buy the handful that don't suck. But I'm interested in a mod chip so that I can play burned copies of the games I've licensed and leave the originals in their cases. If Sony would happily replace any disc that got damaged (for a nominal replication fee, even), my interest in a mod chip would be nil.

    Of course, Sony isn't exactly "customer-oriented", so we'll probably never be so lucky. I think the PS2 is going to be my last Sony electronics purchase... the DVD issues (with absolutely no information on their new drivers, other than that you can buy them with a $20 remote) have pretty much sealed that for me.

  27. Re:If you can't beat them, Join them by WasterDave · · Score: 3, Interesting

    What happens when Sony goes out of business (unlikely, I admit) as other software companies that used this as an excuse for intrusive copy protection have?

    Hmmm, good point. I could blabber something about escrow, but it'd be crap because there is no way Sony are putting 100,000 GT3 disks in a warehouse in case somebody like me scratches one. BTW - have you actually seen a GT3 disk? They have this messed up "PS" logo watermark on the read side. The read side. God, that'd be a bastard to pirate properly.

    Placing the word backup in quotes as you did looks like it is meant to indirectly accuse anyone who makes backup copies of programs or games they have purchased of copyright infringement.

    Guilty, but that's what the vast majority of modchips are used for, unfortunately. As an aside, I'm not exactly snow white when it comes to this issue myself. I have pirated (PC) games in the past - they generally get installed, cracked, and played for up to (generally) 24 hours. Anything that keeps my attention for longer than that warrants going out and buying a copy. For the last couple of years that's been Quake3 and UT, everything else has been chucked, forgotten, and not missed in the slightest.

    For the PS2 this problem is solved with video game rental from your local video shop. SSX - buy. Ridge Racer - don't buy.

    Dave

    --
    I write a blog now, you should be afraid.
  28. Re:Ease of copying killed the Dreamcast... by t0qer · · Score: 2, Interesting

    Man I can't believe you got an insightful on that, you obviously don't know sega's history with consoles.

    In the beginning there was NES and master sytem. Both were good, but as soon as NES gained %10 market share and NEC decided to bring the PC duo to the states as the turbo grafX sega got scared and went back to make an even better system. Main thing that killed the system more than anything was sega thought they would port their own games to it and make a bundle, so not too many 3rd parties produced games for it.

    The better system came to be known as the Genesis, or megadrive in japan. Oooh ahh parellax scrolling backgrounds, 128x128 sprites, 16 bit. FM sound! Even better yet it was based on system-B hardware from the arcades! Arcade (cough sega) games could easily be ported. Again sega gambles that they could not be dethroned because their share of the arcade market was so strong. SNES arrives on the scene along with TurbografX. Sega tries to compete with Nintendo's polygon games by introducing the 32X, terrbible failure, nobody wanted to pay for an extra peripheral to poly's. Worse yet was their try to compete with the TurbografX by releasing an overpowered (but well priced) CD addon that was mostly used to show the girl from Different strokes running around in scantily clad lingerage. The FMV games sucked really bad, they just plain stunk. Dragons lair was cool, thats about it. Again sega gambles on their brand name to compete in the console arena.

    To further add to the confusion and to compete with the N64and atari jaguar (yes atari was still trying) sega released the saturn with maybe 10 games at the most written for it. Developers said it was a pain to code for (i'm just repeating what I read) Sega was left to develop most of the games in house. Again they gamle on their own games and lost.

    Ok lets go to the dreamcast. I'm not gonna long wind it anymore, im outta steam but sega gets scared by Xbox and PS2 and heads for the hills yet again.

    Most of the gamers I know, we were like 14-16 years of age back in 1984-85 when consoles really started to move. . Between me and my friends we got close to 17-19 years experience with buying, selling, trading, and most importantly playing consoles. Every one of them i've ever talked to felt completely screwed by sega. It is a pattern they repeat over and over again which in my opinion will eventually drive the company out of business, and that is, "When anyone steps up to us we're gonna run away run away!" because that is exactly what sega has allways done.

    They make great games, and they make great console systems. They COULD turn it around by taking nintendo's and playstations approach of "Lets hire a great team, and push this system to its limits for many years" DK3 on the SNES really pushed the envelope for platformers IMHO and is a shining example of what new development tools and methods can do to boost the life of a console.

    Sega, if you're reading this, if you really want my money listen up. Don't be so ready to give up on the DC yet. Make an X server for that graphics chip you use that runs on both the DC and PC hardware (my buddy has a PC based version of your DC graphics chip, no X server exists) Make sure you ship ethernet adapters, keyboards, mice, hard drive adaptors and some friggen version of linux with the thing. I for one would gladly pay $200-300 for a completely custamizable system than can be used as an X terminal on any TV. I will guarantee you millions of dollars in revenue because THIS SITE WOULD REPORT IT. You would have millions of geeks rushing out to buy them cause they would be cool. The usability of the system would be stretched out for many years if you did this and as the price of hardware got cheaper and your volume of sales larger, there would be a good profit in it for you.

  29. I hate "crippleware" by filtersweep · · Score: 4, Insightful

    ...especially if it is HARDWARE!

    If a "mod chip" is all that it takes to play "pirated" software, maybe they need to take a look at their copy protection scheme...

    My question is whether the "regional issue" involves pricing or something else? Are titles selling at a price commensurate with the local economy? Would Sony LOSE money if these titles were imported through the "grey market" ? Or are they trying to protect the distribution infrastructure of various countries?

    Imagine the implications if a company like Sony used virtually NO copyprotection and sold an item at a reasonable price... might not the sheer increase in volume of sales off-set the marginal effects of piracy? People have a finite amount of money they spend on games, music, movies, whatever... and the price merely determines HOW MANY of these items you actually purchase (for a relatively honest consumer). The same companies receive the same amounts of money (it's not like there are that many companies involved).

    Whenever people talk about how much money is LOST to piracy, I always am left thinking that the money was never there in the first place- that those "pirates" would never have purchased the item anyway... so protection does more to piss off honest consumers than to increase revenue. How many ordinary people actually take the time or effort to mod a console (or overclock a PC) ?

    Finally, if this regional protection issue gets out of hand, we'll all be purchasing items that will eventually only play on one machine.

    --


    Those that suggest you "dance like no one is watching" really want to see you make a complete fool of yourself.
    1. Re:I hate "crippleware" by Osty · · Score: 2, Interesting

      Damn straight the money was never there in the first place. If the pirates stop supplying free games there will be some folks who buy even less since they don't get to check them out first anymore.

      Ever heard of Blockbuster? Less than $5 for 5 nights with a game. If you can't afford that, then it's highly unlikely you can afford the game to begin with, and so don't spout bullshit when you know that the reason you pirate games is so that you don't have to pay $40 for them.


      The same goes for music, movies, and a lot of other software. I have bought software we use at work, and recommended we purchase software at work that I tried at home first. I could never have done that with a 30 day eval or money-back program.

      Does your work know you recommend software based on your pirate activities? And how do you figure you can't get the same type of information from a 30-day eval or a money-back guarantee? Seems to me you'd be getting the same software you pirated. You just have a time limit on how long you can use it/get your money back. Wherein lies the problem. I bet you continue using the warezed software at home, don't you? And I wonder how much warez you use at work ...


      Is piracy right? Is it wrong? I'm not here to debate that, but I'm not sure it's all one or the other. I _am_ sure I don't like to be told I can't buy a DVD/game on a trip and expect it to play when I get home or send a DVD to a friend in Canada and expect he'll be able to enjoy it.

      That has nothing to do with piracy. That's due to region-coding, which is a completely different animal. I know there were modchips for the old PSX that would kill the region coding without allowing pirated software. I don't know if such a thing exists for the PS2 yet (probably not), but I'm sure one will soon enough. It's a bit hazy whether or not playing movies/games from other regions is illegal (I don't believe it is illegal, but IANAL). It's very clear that playing "backups" (euphemism for pirated movies/games) is illegal. "Right" and "wrong" don't come into it, unless you subscribe to the school of thought that believes the law defines what's "right" and "wrong".


      Sony can take their "regional" restrictions and...

      ... take you to court for copyright infringement.

    2. Re:I hate "crippleware" by swb · · Score: 2

      Whenever people talk about how much money is LOST to piracy, I always am left thinking that the money was never there in the first place- that those "pirates" would never have purchased the item anyway... so protection does more to piss off honest consumers than to increase revenue. How many ordinary people actually take the time or effort to mod a console (or overclock a PC) ?

      I agree completely with your analysis -- the assertion that every pirated copy of a program is equal to a sale of that program is a total fallacy. The dollar figures quoted by people asserting that each copy pirated is a lost sale are even more ludicrous -- how many of those copies would have been sold at full retail?

      I do think that there is some argument for losses due to piracy, though. I think there's a point on the disposable income curve where people would spend the money if they had to but if its simple enough (eg, Napster) to not do it, they won't.

      I think the bigger problem for electronic entertainment is the plethora of outlets for disposable income. If piracy is easy, I might make other spending decisions (sports, bars, etc) and still get the games I might otherwise have paid for. It's much more difficult to sneak into stadiums, cheat bar tabs and so on. If piracy is just difficult enough, I might forgo those other options and buy the games outright. The problem with most corporate piracy analysis is that they assume that the pirated copies would always be sales.

  30. There ARE modchips that still disallow CD-Rs by Ryu2 · · Score: 3, Interesting

    It's not always the case that a modchip HAS to allow playing pirated games. For example, http://www.techtrix.co.uk/addtocart.asp?prod=13 is a modchip wchich lets you play original imports, but will disallow CD-R or CD-RWs, thus addressing Sony's concern that such chips promote piracy.

    If more companies made such chips, perhaps Sony might see them in another light than just a "piracy" enabler.

    --
    There's 10 types of people in this world, those who understand binary and those who don't.
    1. Re:There ARE modchips that still disallow CD-Rs by spitzak · · Score: 2
      Some may argue that this is not true, but what is true is that anybody buying a mod chip for playing imported disks is probably going to buy the one with the extra "feature" that it plays anything, since probably the price difference is zero.

      Somebody else said that the ability to play imported disks necessarily means the machine will play anything, for techinical reasons. I don't know if this is true, though.

  31. Re:Did you consider patents? by Brian+Ristuccia · · Score: 2

    However, you do need a license to use hardware because the exclusive privilege granted by patent law covers "make, use, or sell."

    Yes, I considered patents. The rights to use and resell a single instance of patented invention are granted when the invention is sold to an end user. After all, it's only fair that someone who's paid for an invention doesn't have to pay again every time they use it.

    Sony licenses those patents on conditions that are spelled out on the back of the PlayStation's box: "Licensed for use only with software bearing the PlayStation logo and the [NTSC|U/C] designation."

    I'm sure Sony would like it very much if they were able to license their patented inventions. In the type of transaction through which the average playstation end user obtains their console, however, these patented inventions are sold, not rented, leased, or licensed.

    Sony's exclusions on the use of their patented inventions inside the product have no more force than the words "for home use only" or "not for resale" as they might appear on the packing of a a toaster or voltmeter which contains patented technologies. The manufacturer still has no recourse if I use the toaster at a restaurant, the voltmeter as a part of a professional rework operation, or if I resell either of the items used.

  32. Differing Nations' Freedoms by _Sprocket_ · · Score: 2
    I'm gonna be a bit unashamably US-centric here for a sec, so feel free to scoff and feel superior. ;)


    The US likes to bandy about its ideals of freedom. They're right there in our Constitution. Its part of the propoganda that politicians use to rally the populas during times of crisis and drives our military volunteers to shoulder great risks. It is part of our history. It is the foundation of our identity as a nation.


    And it is slowly being chipped away by special interest groups; in this case big business.


    One has to wonder how other nations and their governments fare under this onslaught. Especially if "freedom" is not as prominent in the nation's identity.


    In this example, it seems that the UK may not be doing any better than the US.

  33. Re:You misunderstand by Howie · · Score: 2

    "The writer of the slashdot blurb probably assumed that people reading what he wrote would read the article, and thus notice" that the article said exactly the opposite of what he said.

    Editorialising is usually adding an opinion to a fact, not completely obscuring the fact. Not to mention it's usually done by the editor. Taco's contribution was to not care about DVD zoning.

    --
    "don't fall into the fallacy of believing that Perl can solve social problems. Maybe Perl 6 can, but that's a ways off"
  34. Re:If you can't beat them, Join them by WasterDave · · Score: 2

    the DVD issues (with absolutely no information on their new drivers, other than that you can buy them with a $20 remote) have pretty much sealed that for me.

    Are you getting something where the sound and video drop out of sync?

    Dave

    --
    I write a blog now, you should be afraid.
  35. The PS2 modchip is a wondrous thing.. by Forkenhoppen · · Score: 5, Interesting

    A modchip is usually a piece of hardware that contains the software to bypass the copy protection. PROM modchips are typically used because the people who make them can make a whole batch of programmable chips, and if the mod is rendered useless, they can update the software and still make modchips out of the PROMs they've got.

    Old modchips worked by flashing the Playstation BIOS, or replacing parts of it on boot, so that when the game would call on the copyprotection, the new BIOS would say that every disc in the unit was good.

    PS2 is different, though. See, it's meant to be flashed every single time you put in a new disc. And since the code in memory can change every time a new game comes out, it's a bit difficult to make a BIOS modchip. You need something different.

    The quick and dirty solution people came up with for the PS2 is to intercept the checks as they're heading to whereever, and change the signals so that they're the proper result. Thing is, each game can do this differently. Due to the nature of the PS2, the checks could be called from a vector unit, from the memory card processor.. or even the reader unit itself. And the modchip maker has to add a wire for each signal they need to intercept.

    Nowadays, PS2 modchips require 20+ connections (probably even more by now) just to cover all of the different signals that can be sent during a check. And each check is cumulative; you have to keep the old checks while adding for new ones. This is kinda ridiculous, since this introduces modchip bloat.. a new modchip defeat comes out, and they have to add more connections... it can really suck for people if they need a new modchip every time a new game comes out.

    Enter the Messiah. You wire it into the DVD-ROM reading hardware, rather than throughout the rest of the unit. Since all checks have to go through the DVD system anyways, this is only logical.. thing is, Sony made it really tough to figure it out. Which is why it took them over two years to get the chip made.

    Without a link to NEO4, I can't say whether or not they've gone the same route, but if they have, these two chips could spell the end for Sony's PS2. Since all PS2 consoles use the same BIOS, flashed every time a game starts, Sony can't easily change the hardware design of any newer units coming onto the market. So if this modchip is undetectable, and it does all the things they're saying it does in hardware, this could be checkmate.

    1. Re:The PS2 modchip is a wondrous thing.. by b1t+r0t · · Score: 2
      Old modchips worked by flashing the Playstation BIOS, or replacing parts of it on boot, so that when the game would call on the copyprotection, the new BIOS would say that every disc in the unit was good.

      Incorrect. (Whose ass did you pull that crap out of?) PS1 copy protection worked by PS1 games including a special subcode signal of either "SCEJ", "SCEA", or "SCEE" in every sector of the disc. If the console did not see the appropriate code for its region, it would not boot the disc. So all the mod chips did was spew this code over and over again on the signal line which carried this subcode data, overriding it with an electrically stronger signal. Later games could detect this by having sectors without this special data, and the mod chip would keep right on spewing the code.

      The mod chip makers had three ways around it: 1) "stealth" chips which stopped spewing the code a few seconds after reset, 2) some special trick like holding down the reset button for five seconds to disable the chip and allow playing of legit games with anti-modchip code, or 3) anti-piracy modchips which listened for the "SCE" and would only jam the fourth byte onto the signal line after the first three had already gone by.

      Alas, Sony's region lockout was strong enough that it required the defeat of copy protection at the same time. Sega used option jumpers on the Genesis and Saturn, and Nintendo used physical parameters (cartridge and connector shape), except on the GC, which uses option jumpers. The Dreamcast made this much more difficult, but then people found the CD-R boot loophole in the original version of the Dreamcast.

      What I think the real problem Sony has isn't the issue of playing import PS2 games or DVDs, or even of playing copies, but that the chips they're going after (at least Messiah) also disable Macrovision. But that's just my wild-assed guess.

      --

      --
      "Open source is good." - Steve Jobs
      "Open source is evil." - Microsoft
  36. Re:Ease of copying killed the Dreamcast... by Howie · · Score: 3, Interesting

    Make an X server for that graphics chip you use that runs on both the DC and PC hardware (my buddy has a PC based version of your DC graphics chip, no X server exists) Make sure you ship ethernet adapters, keyboards, mice, hard drive adaptors and some friggen version of linux with the thing. I for one would gladly pay $200-300 for a completely custamizable system than can be used as an X terminal on any TV

    Sega don't (didn't) make the graphics chip, Videologic do. The (current) "PC Version" is the Kyro II, which uses a similar Tile Accelerator approach to the PVR chipset in the DC. There is an X server, and linux, and keyboards, and mice, and ethernet available for the DC. You would pay about $2-300 to do that (without a harddisk), once you'd found someone willing to sell you the ethernet (in short supply).

    You'd probably be better off getting something like this x86 settop box for the same money, which would be quieter (silent vs DC's noisy fan) and easier get binaries and bits for (but suck for games), and you can either add a 2.5" HDD to it, or keep it silent and boot off a dirt-cheap CompactFlash, your server, or DiskOnChip.

    Personally, I would not use X on an 800x600 monitor, let alone my TV.

    --
    "don't fall into the fallacy of believing that Perl can solve social problems. Maybe Perl 6 can, but that's a ways off"
  37. NEO4 is a warez mod by sph · · Score: 4, Informative

    I for one think that it was definitely right to go after NEO4. Despite being hyped and anticipated by some PS2 people, it is basically a warez mod. At first I was interested in it, but later I found out that it doesn't work with original PS2-imports, only PS2-warez. PSX-imports work though, but NEO4 would be insanely expensive for that feature alone. If modchip makers don't want to get Sony after them they should make mods that work with original games only. I've seen NEO4 being advertised as the chip that makes all the warez possible, sheesh.

    I'll probably get a PS2 next year, and I want to be able to play both PS2 and PSX imports with it. I still haven't seen a mod that would do both, and NEO4 isn't one either. I have several imported PSX games that haven't been released in Europe at all (like some of the best PSX titles including Chrono Cross and Xenogears), and those are the only reason I have mod for my PSX. Sooner or later there will be similar titles for PS2.

    As for DVD regions, Region X package for PS2 is both cheap and well-working. I don't see why anyone would want an awkward modchip that costs several times more just to watch import-DVDs.

    1. Re:NEO4 is a warez mod by WNight · · Score: 2

      I'll support Sony going after technologies that enable piracy when they take decent steps to help people who want to backup games.

      Perhaps when Sony pays all retailers to replace broken media (bring in the piece with the Sony logo, or more than 60% of the disc, etc) and receive another copy for $1, kind of thing.

      Until then, I don't support companies in taking away the rights of the honest customers even if they hurt more pirates.

      IMHO piracy doesn't hurt companies much. I know 20+ people who have pirated Photoshop 6, they use to convert .BMPs to .JPGs and to crop pictures. I know four or five people who use it a lot and have made money (either a little, or the majority of their wage) by using it. They all own it. (Well, v5 or v6, I dunno.)

      Those pirates wouldn't pay $20 to do what they use PS6 for, they're not going to buy it if they can't warez it.

      I think the same is mostly true with games. Most gamers I know with a Q3 capable system have Q3 (warez) even if they don't really like it. But of all the people I know who play it at LAN parties (when the CD-Key isn't an issue) all but one owns it.

      This "piracy is killing us" is a hoax. I'm sure they lose some potential sales, but not enough to break them.

      The real crime here is in essentially taking away our legally protected rights to make backups, etc. Sony may not like NEO4, but why does that give them to right to deny people the ability to make backups?

      As for backups, I don't know *anyone* who uses their original disks at a LAN party. Everyone either has a burn of the key disk or they've cracked the game so it doesn't require one. Nobody is willing to risk the original disk because they know there's no way the companies would replace them.

  38. Re:You call that evidence? by haruharaharu · · Score: 2

    Linked story

    It's some crazy story with no evidence to support its claims. I'll continue thinking Sony sells the hardware at a loss, thanks.

    Evidence (of a circumstantial nature) coming right up!

    • MS loses money on every Xbox they sell
    • They need to sell at least a couple of their own titles or else several titles from other companies (money comes from licensing) in order to turn a profit.
    • MS has been buying companies and cutting deals to get exclusive releases.
    • They have been pressuring retail outlets to sell bundles only (usually 2-3 games) to the extent that you almost can't buy just the console.
    • Sony is claimed to profit on each PS2 sold (the linked story cites their stockholder report)
    • The PS2 is designed to be fully functional with no games. It plays DVDs!
    • There is no pressure to buy a bundle - you can get the PS2 or buy a GT3 bundle and get a discount of $20. This was the only bundle available when i walked down to Best Buy, and it was on a pallet right next to the bare PS2s

    Based on this, I would expect that Sony would be pushing harder for bundles if they were, in fact, taking a loss per unit. Since they're not, I'm going to have to disagree.

    --
    Reboot macht Frei.
  39. It's probably the DVD thing.. by Anonymous Coward · · Score: 4, Informative

    They're probably more worried about the circumvention of DVD region coding.. if they get known to be distributing a multi-region DVD player, the DVDCCA could be down on their asses and take away their DVD decryption license. They probably already had trouble given the backdoor in the DVD software in the first Japanese revision of the PS2.

    Sony do seem to have a bee in their bonnets about game imports.. which is a shame, because customers in Europe tend to have a bee in *their* bonnets about games being slowed down to run in PAL. Sony complained that Tekken 3 didn't sell well in Europe and blamed imports. They might have done better to blame the fact that the European Tekken 3 was slow as a lame dog because of the PAL conversion. What's even stupider is that the DC established that a PAL60-capable console is entirely feasible (and it's no extra work to implement, because the binary for the PAL60 version is usually just the same as the USA one), but Sony didn't copy it.

    Also, somebody who should know has told me that the protection system on the Playstation 2 actually makes it harder to make an import-playing chip than a pirate-playing chip. The real protection on the PS2 is the DVD format and nothing has gotten around that yet.

    Oh, and if you really want to protest, don't refuse to buy a PS2 - buy one and SMASH IT. Sony actually _loses_ money on selling PS2s which it hopes to pay back with games. If you buy one and smash it, they lose their subsidy, AND someone else can't buy that one. This could be especially good near to Christmas.. (actually, I'm surprised console firms don't do this to each other, but they'd probably get sued)

    1. Re:It's probably the DVD thing.. by kenthorvath · · Score: 2

      But if you buy it and smash it, they make back a small percentage of their loss. If you boycott them and resfuse to buy a PS2, they lose all the money it took to produce the game, the game makers start to lose money, they stop licensing with Sony and sony loses MORE money. Don't buy a PS2! If I wanted to screw them over, why would I smash it when I could just pirate the games?

  40. Re:But by haruharaharu · · Score: 2

    yeah, $20. Or you can get a cord extension ($8) and not worry about losing the remote.

    --
    Reboot macht Frei.
  41. Mod chip history by Anonymous Coward · · Score: 2, Interesting

    FYI, there is an interesting write-up on the early years of modchips at http://www.oldcrows.net/mcc.html

  42. Assuming you're taking imports through customs... by MeowMeow+Jones · · Score: 2

    Then maybe you should also be taking an imported PS2.

    I'm sure Sony and the Law doesn't have a problem with you buying two or three different (with respective region encoding) PS2's to play your games.

    So yes, according the above legal sections, you can 'import' copyrighted material for personal use, but this doesn't explicitly 'undo' other laws (such as licensing a regional DVD for compatible regional DVD players) and allow the viewing of said material on unauthorized players.

    --

    Trolls throughout history:
    Jonathan Swift

  43. DMCA Outlaws Soldering by t_allardyce · · Score: 2, Funny

    The US government has today outlawed soldering irons, stating that they violate the DMCA in that they allow youngsters to MOD playstations and other games consoles. Civil liberties groups are outraged by the ruling and the American Soldering Association has said they will take this to the high court. Other groups have suggested alternatives, such as allowing soldering irons, but banning solder or visa-versa.

    --
    This comment does not represent the views or opinions of the user.
  44. Re:Ease of copying killed the Dreamcast... by HalfFlat · · Score: 2

    Where's -1 Wrong when you need it?

    GDROM games are not easy to copy; very few people have the hardware and software to do it, and they are keeping pretty quiet about the details. I'm presuming the easiest option is to write something for the Dreamcast which reads a GDROM and spits the data out the serial port. Having gotten this information though, it then needs to be cut down from 1GB or so to something that will fit on a notmal CDROM. It's not trivial.

    The Dreamcast as a platform died due to some combination of Sega's financial troubles and the depressing effect of Sony's PS2 marketing machine. I don't know the relative weights of these contributions, though certainly Sony's efforts were the most visible.

    I still can't see any justification for region-locking of console software, other than to artifically maintain otherwise unsupportable price differentials. People will still tend to buy the localized version of a game if it's available, just because it's much easier to read documentation and in-game text that's in your own language.

    On the Dreamcast at least, it's pretty clear that most people who have a mod-chip installed are doing so for the ability to play imported games, given than the pirated CDROM cuts are typically self-booting.

  45. Re:If you can't beat them, Join them by dangermouse · · Score: 2
    On one disc, yeah. More annoyingly, I have an "Aliens: Special Edition" disc that the PS2 won't read at all.

    I'm mad at Sony for not telling me whether their new drivers address such issues, and mad at Fox for selling me a transparent DVD (which I vaguely suspect may be the problem).

    I'm working on a PS2/DVD compatibility database, and may or may not finish it. If I do, I'll put it online with a decent interface so people can update it with their own findings... the couple of lists I've found online are manually compiled and infrequently updated.

  46. Re:Screw you Sony?!? by Vegeta99 · · Score: 3, Interesting

    Pac Bell didn't sell you a phone line.
    Don't believe me? Stop paying the bill. You don't own it.

  47. Re:Screw you Sony?!? by autopr0n · · Score: 2

    Now that's rich. "I mean, geez, if Pac Bell doesn't want me phone phreaking, why did they _sell_ me a phone line? Come on, Pac Bell, lighten up!".

    They don't sell you a phone line, they put a wire to your house so that they can sell you service. You can actualy buy a phone line of your own (a direct hardwired connection from one place to another) and do whatever you want with it. It generaly costs a lot of money.

    If sony didn't want people dicking with their hardware, they could have leased it.

    --
    autopr0n is like, down and stuff.
  48. What the FUCK? by autopr0n · · Score: 2, Insightful

    God damnit, where the fuck do people get these idiotic ideas!? Import games illegal? out of region DVDs illegal? WTF?! Despite what you might think, and what I'm sure the RIAA and MPAA would love, the law does not exist solely to increase corporate profits.

    --
    autopr0n is like, down and stuff.
  49. please learn to read by autopr0n · · Score: 2

    Look, I don't like the DMCA or whatever, but what I really can't stand are morons. As you clearly are. to wit, the poster said:

    Sony is shutting down UK modchip distributors, and we have no such law here

    Emphasis mine. Clearly, 'here' refers to the UK. The UK is not a part of the US. the DMCA is an American law. Therefore (making that last tenuous connection for you) Nothing he could ever do could fall "under" the DMCA. While England may have a similar law, he said they didn't. Brining up the DMCA does nothing aside from outing yourself as a complete fucking idiot.

    --
    autopr0n is like, down and stuff.
  50. Re:Ease of copying killed the Dreamcast... by Forkenhoppen · · Score: 2

    Um, it actually is fairly trivial.

    1 - purchase and hook up programmer's serial cable
    2 - download dreamcast developer's kit.. if you feel like it. otherwise, acquire some dcwarez utilities (dreamrip)
    3 - burn serial slave CDR, boot it up
    4 - write program that sends files over serial cable (or just get dreamrip); swap in target GD-ROM and upload and run the program on Dreamcast. wait 25 hours for process to complete..
    5 - take your cd-burning software, and add all files you yanked from the GD-ROM to the list
    6 - find huge-looking music files. downgrade from stereo to mono using tools included in dreamrip, or just link those tracks to others, until you've got enough space for it all on the CDR + 3 megs
    7 - burn to BIN image (not to disc)
    8 - run bin2boot on image (this is the quickest way, but it's only available for windows afaik)
    9 - burn resulting CDI to a CDR
    10 - insert in Dreamcast and hit power button

    You can get all the software you need from any of the irc warez channels and a visit to here. This should work for the earlier games.. don't know about later ones, because they started adding checks after a while. Those may take a little more work.

    For legal backups only, blah blah blah..

  51. Re:Its their own fault by HKTiger · · Score: 2, Interesting
    And here in region 4 (I think: hey, I've got a region-free player), we get a release timetable dictated by mainly US-based film distribution house corp-rats. Which is not always favourable to anyone outside the US.

    Oh, and dismissing those inconvenienced by the region coding debacle as "fanboys of Japanese video games, scat films, bukakke movies, cartoons, etc." may be a trifle incorrect. Anything released by a non-US distribution house has the same region coding problem, and there's more film industries out there than you might realise.

    But no, if all you get is from your own region (whatever that is), you *won't* realise the existence of the outside world. And is that ignorance a good thing, do you think?

  52. Sony MAKES money on each PS2--quite a bit, in fact by oGMo · · Score: 5, Informative

    More actsofgord links. People should read this site---in addition to being funny and evil, he really knows what he's talking about. In this case, console manufacturers typically do not lose money on each console. This includes Sony and Nintendo right now. Only Microsoft is losing money on each XBOX. According to his calculations, Sony is making a pretty penny, too. If you really want to hurt them, buy an XBOX (but do you really want to help MS?), or a GameCube (same applies to Nintendo, really).

    They're pretty much all evil, I guess. Maybe I'll visit the bookstore. ;-)

    --

    Don't think of it as a flame---it's more like an argument that does 3d6 fire damage

  53. Re:Self-inflicted piracy, or Why I would use Chips by mj6798 · · Score: 2
    That was technial incompatibility between competing companies. DVD region coding and restrictions on games are deliberate incompatibilities created by a single vendor to permit charging different prices in different regions.

    This is exactly the sort of thing that shouldn't happen in a free globalized market. Let's hope the WTO has some teeth to it and charges Sony and other companies with illegal trade practices.

  54. actsofgord by autopr0n · · Score: 2

    Actualy the stockholder report linked indicates that sony makes a profit on each playstation sold because of the average number of games sold with it. If that number were to go below a certan level, then sony would no longer be making a profit.

    Anyway, gord is a zelotous moron. Please don't take anything off his website as 'fact'

    --
    autopr0n is like, down and stuff.
  55. profit or loss on the console doesn't matter by mj6798 · · Score: 2
    Let me add to that: people debate at length whether Sony makes a profit or loss on the units. It doesn't matter: unit sales of the console are what Sony is after to attract both more real buyers and more game authors.

    If you don't like it or if you don't like the company, don't buy it. That goes for PS2 as much as Xbox. Technically and financially, I think you are better off with a PC anyway: better picture, more expandability, upgradability, etc.

  56. Re:Self-inflicted piracy, or Why I would use Chips by Ralph+Bearpark · · Score: 2

    See it from another direction:

    I live in Region 2 but I have a lot of Region 1 DVDs because a) I'm english-speaking but live in a non-English-speaking country; and b) it's tough to get to the cinema when you've got 3 small kids. Anyhow, my region-free DVD player plays 'em all, so I'm happy.

    But, I'd quite like a 2nd DVD player for the bedroom, and I'd quite like a PS2 too. Can't really put a good case to the Significant Other for buying both but if the PS2 played ALL my DVDs (rather than just the region 2 subset) then I'd be buying one right away.

    However, Sony don't want me doing that. Kinda dumb of Sony I reckon, but I guess they know best.

    Regards, Ralph.

  57. Re:If you can't beat them, Join them by autopr0n · · Score: 2

    If Sony started selling a $200 more expensive version of the PS2 with the mod chip already installed, I'd be willing to bet they would make more money on game consoles than from games.

    I will not buy a PS2 until I can backup my game collection.


    And I'm sure game developers would just love working with the system. You'd need to add another $500 subsidy to all the dev houses for lost revenue if you wanted them to continue developing. Now you're out $700. vs $20 for a mod chip.

    I will not buy a PS2 until I can backup my game collection.

    I'm sure sony cares, I really do (btw, those disks have warrantees)

    --
    autopr0n is like, down and stuff.
  58. Re:Ease of copying killed the Dreamcast... by autopr0n · · Score: 2

    GDROM uses the same laser as a CD rom drive.

    If you had a CD-rom drive with the right firmware you could read it easily

    --
    autopr0n is like, down and stuff.
  59. Re:If you can't beat them, Join them by autopr0n · · Score: 2

    there is no way Sony are putting 100,000 GT3 disks in a warehouse in case somebody like me scratches one.

    Why not, it's not like each disk costs them very much.

    --
    autopr0n is like, down and stuff.
  60. The Real Reason Sony Cares about imports by Burst_R8 · · Score: 2, Interesting

    This may have been posted before, but anyways. SCEA is Sony Computer Entertainment of America. They do not get a cut of anything sold by sony in Japan. Region encoding is an attempt to ensure the bottom line for the local division. True it is ridiculous because it prevents consumers here from seeing lots of good games only released elsewhere. Those who would import games to begin with are a minority, a vocal minority but a minority nontheless, as has been proven many times before big business doesnt care about minorities, and only about $. I believe a large part of the reasoning on the part of SCEA is that because the FBI and its raids last weekend have alot of people scared it can take advantage of the situation and force its will upon those that could possibly undermine its bottom line.

  61. Re:So in otherwords... by Brian+Ristuccia · · Score: 2

    Unless you went to Japan and bought the copy yourself and brought it back yourself your copy is illegal.

    For the purposes of qualifying for the exemption in 17 USC 602 (a) (2), the distinction is whether you've imported the copy for your own personal use or imported a whole bunch for resale. How you actually import the copy, whether it be travelling to to the foriegn place and carrying it back or having someone there ship it to you, is unimportant.

  62. Excellent Point... by Chasing+Amy · · Score: 2

    Several years ago I had a roommate in college who was *very* into gaming on the original Playstation. He even had his own review site on the WWW back before the gaming craze when everyone put one up. He specifically bought one of the early Playstations that came out with no region restrictions, so that he wouldn't need to install a modchip to play import titles.

    And boy, did he play import titles. He spent most of his disposable income importing games from Japan 6 months before they'd hit the U.S., if ever. Cost an arm and a leg, but he was willing to do it to get the games early and often.

    And there's nothing wrong with that. Sony exerts region controls through artificial means, sometimes never distributing a title in a given region at all. Why should we allow companies to arbitrarily cut up the world into marketing regions, so that they can maximize profits through regional licensing deals, at the detriment of the public at large? They shouldn't. In the U.S. at least, copyrights and patents are instituted not as a fundamental right of property ownership but rather to improve the public good through furthering the "useful arts and sciences." So, as far as I'm concerned companies shouldn't be allowed to divide the world up into marketing fiefdoms to the detriment of the public. There ought to be laws against that, and prior to corporations completely controlling Congress through big campaign contributions, there would have been.

    Fortunately, the piracy-havens in the Far East are also the last bastions of the freedom to buy hardware that's region-free or to buy kits to make your hardware region-free. http://www.lik-sang.com is the place to go. Hong Kong may pirate everything, but they're no worse in the final analysis than the corporate assholes control what we can see, hear, and play in any given region. I think they're a necessary, counter-balancing force.

    This is especially so when we reflect that Europeans are forbidden by their governments from ever seeing some American films and games in their entirety, and Americans are forbidden by corporate censorship from ever seeing some Japanese or European films and games. Why should a German be forbidden from seeing Nazi symbols and red blood in games like Return to Castle Wolfenstein? Why should an American not get to see the complete version of *The Professional*, which was actually a good movie while the American cut was dreck. (They finally released the full film in the U.S. many years later, as *Leon*, but I ordered it from France years before that.) And you'd never believe how many Japanese anime cartoons and games are censored and Bowdlerized before they ever reach the U.S. Oh, and Britain is utterly insane in the extent to which it censors American films for violence.

    Technical controls to prevent you from seeing anything your government or corporate censors don't want you to see are being implemented. Sony, the DVD-CA and others are attempting to destroy ways around these controls. Just because current controls are minor and largely ineffectual means nothing. In the future they can be made (almost?) unbreakable and be applied to everything you see and hear, from games to movies to television to music to radio--maybe even to the Internet. Don't think that last is impossible--remember that the FBI has a plan to concentrate all Internet traffic at key points for monitoring purposes, so if the FBI can get the backbones to play along for this, who knows what might be orchestrated 10 years from now.

    That's not a future I want to live in. That's a dystopia if ever there were one.

    --

    Chasing Amy
    (We all chase Amy...)
    "The more corrupt the state, the more numerous the laws"-Tacitus
  63. Re:HEY!!! If I BUY something it's MINE!!!!! by Grishnakh · · Score: 3

    If I happen to live in London for a year and buy a dozen movies there WHAT RIGHT does the movie industry have to tell me that I CAN'T play the movies I BOUGHT when I move back HOME!

    They have every right; they've purchased those rights from your representatives in Congress. So shut your mouth, go buy all-new region-1 copies of movies all over again, take your soma, and be a happy little consumer.
    -- Consumer of the United States of MicroSonyAOL

  64. Re:Legitimate uses?! by Animats · · Score: 2
    And there are plenty of instances where "copy protection" causes problems for legitimate users.

    Yes. I can't get Microsoft's Macrovision-protected CD-ROMS to read in my NEC NR 770-A CD/R drive. It was annoying not being able to run Flight Simulator, but not being able to read the (pay) Y2K update for SourceSafe was a real problem. I had a painful period in late 2000 when Microsoft support kept sending me SourceSafe update disks, none of which worked, until finally support sent me the new rev instead of the update disk, which did work.

    I've reported this to Macrovision, and ask if they support that drive, but they consider the list of drives that are Macrovision-incompatible "proprietary".

  65. PS2 weakness is inability to make bootable disc by poopie · · Score: 2

    The way I see it, Sony may have kept some software pirates at bay by making it very difficult to boot a copied game, but they've also severely hurt the CONSOLE'S POTENTIAL by making it impossible for users to create their own software titles for PS2 (i.e. a linux bootable disc with a web browser or any other unix app).

    Whatever game console eventually wins the majority of the market needs to have the ability for users to create their own bootable titles and burn them on ordinary CDR drives.

    Imagine how much more powerful a device the PS2 could be if you could burn a photo-cd-like disc with an image viewer that runs on PS2? Imagine making a browser-on-a-disk for ps2. Imagine AOL for PS2 (note: AOL could still do that because they could pay sony whatever it costs to burn special PS2 cd/dvds.

    My point is that there are a lot of killer apps that could be ported to ps2 easily and put on a CD with a bootable OS and some files that would be *fantastic* and really spur development on PS2 and PS2 *AS* *A* *HARDWARE* *PLATFORM*

    We could have networked games for the PS2 already, we could have XMMS mp3/ogg players, we could have mame for ps2, we could have GNOME and KDE desktops on our TVs....

    Frustrating....

    I hope that some console makers start to realize that we need a console that is hacker-friendly to be used as a developer and hobbyist platform.

  66. Re:justification for region-locking by HalfFlat · · Score: 2

    I want to dismiss the last point first, because it looks awfully like a strawman: most region-specific games are pretty much identical across the regions, with only names changed and language translated. Occasionally there is some censoring. If a local region version of the game satisfies local safety laws, the foreign one will too. At the end of the day, they are the same game!

    There are exceptions of course, but most of the localization changes that are not direct translations, are done for marketting purposes only. Gwonga-Longa "Eye suprise!" teddy bears are completely irrelevant.

    The other front - local distributors - has more weight. For starters, in Australia at least, there are already companies that do business by importing games from other regions. Their success of course is constrained by their limited market. One must ask though, in these heady days of globalization, why do local distributors have a right to make an artificial profit at the expense of their customers? Who is this helping ultimately, other than one or two distribution companies?

    Look at Australia again as an example - because I live here :). Here, Dreamcast consoles and software were distributed by a company called Ozisoft, which I believe has now been acquired by Infogrames (is this true?). The local release saw: inflated local prices; roving release-dates, sometimes out by over 12 months!; an artificially imposed monopoly on net access with a single expensive ISP; a critically small number of titles; poor availability of hardware; and games that were available for less than 6 weeks before being discontinued. Some of this is sure to be a result of poor support from Sega, but a lot of the blame has to rest at Ozisoft's feet.

    How did one company manage to so completely and utterly drop the bundle with the Dreamcast? Through the artificial imposition of region-locking. No one benefitted from this with the possible exception of Ozisoft, who if they did, profitted through incompetence.

    Remeber that there isn't a fundamental right for companies to make a profit; elsewise I could go out there with any hare-brained scheme and watch the dollars roll in. Artificial market protection can make sense when there are industries whose loss would have a severe impact on a country's economic sustainability. Outside of this domain - and game distribution is well removed - it just rewards inefficiency and effectively forces the consuming public to pay higher prices for goods unnecessarily.

    There is room to support localized versions, as game buyers will typically prefer to have a game that supports their local video standard and comes in a language they can easily understand. This is independent of region locking though! They'd still prefer it even if it were easy to play a foreign version. Region locking is there only to protect markets. Those instances where a foreign version may violate local morality laws are already covered by those laws which prevent the importation of restricted material.

  67. What about people with multiple players? by bildstorm · · Score: 2

    I just moved back to Europe after living in the US. I have a laptop that plays region 1 DVDs, another that plays region 2. So, I've paid my friggin' licence to play DVDs for region 1 AND 2. So, if I decided to mod a PS2 so I can play both, that SHOULD be legal, since I've already paid my fees. (I'm not going to be using the laptop to play DVDs at the same time as the PS2.)


    The other issue is that say I already owned PS2 games. Now should I sell all those and buy more? Or should I fight with power adapters, cable adapters, and getting an NTSC compatible TV to play the games? I know that if my brother comes to visit and I have a PS2, he'll bring his games along.


    These limitations are clearly designed to keep us all from buying things out of market, but that's what customs regulations are for. Customs doesn't question me because I have rights to acquire items on both sides of the Atlantic and move things between households. However, if I came back to Finland with a large stack of US PS2 games, well, they might have some questions, and they definitely would start charging me duty if I ordered them via the post.


    Of course, if Sony, etc., didn't have all this crap locked down on the systems, MOD chips wouldn't be as interesting for legit buyers like myself. Besides, now that they are on DVD, who wants to spend more money to burn titles than they cost to buy? (Of course, the same argument has gone for the DVD films as well.) Too bad you have to pretty much make the chips "play anything" to get around all the region locks.


    If you know a place in the Nordics selling the chip, and especially in Finland if they can do the install for me, that's be great. Go ahead and e-mail me then.

    --
    The power of accurate observation is commonly called cynicism by those who have not got it. - G.B. Shaw
  68. Likewise by iainl · · Score: 2, Interesting

    Let me guess. You're American, aren't you?

    Firstly, you shouldn't be able to use your legal muscle to kill a company unless its actually breaking the law, I don't care how much effort your programming team put in.

    Secondly, I only want a region chip because its cheaper to get one than it is to import the whole console. Believe me, if it was an either or situation without any cost or hassle implications I don't think a single person would buy the UK version of the PS2. I haven't got one at all, because these mods aren't known for their relibility, but I only want to play NTSC games, not the piece of junk PAL conversions we are given. I want to watch my collection of hundreds of (all legally bought) DVDs from around the world. I know a grand total of no people who have a DVD player incapable of playing US titles, and they don't see why it shouldn't be the same for games.

    If you really feel what you're saying then just call anyone who bought a PS2 for Metal Gear Solid 2 an idiot - clearly thats how you feel about European gamers who want to do the same.

    --
    "I Know You Are But What Am I?"
  69. Business Week: 6 Million in the US by mbrubeck · · Score: 2
    The article states the PS2 already passed 20 million sold... which is quite off, at least according to Buisiness Week, stating it's more in the ball park of 6 millions.

    The Business Week article leaves out Asia and Europe. The PS2 sold millions of units in Japan before it was even released in the US. Sony's latest quarterly report placed the worldwide sales of the PS2 hardware at "over 19.57 million units."

  70. Even worse by Srin+Tuar · · Score: 2


    Thats all fantastic speculation there, save for the fact this is going down IN ENGLAND!!!!!!!


    England is probably a worse place for the modchip makers to defend- that country seems to be even more deeply in the clutches of the IR (intellectual restricton) owners than the US.


    With lidless eyes guarding an ever increasing proportion of the island, and a health care and national government network beholden to a software tyrant, England is becoming Mordor.

  71. Re:You people make me farking laugh (and cringe) by spitzak · · Score: 2
    Of course Sony can do anything they want. It's a free country.

    The complaint is about: Apparently there were DOZENS of mod chips available that let you play copied games, and Sony did not do anything about it. Now the first chip comes out that lets you play copied games, PLUS it lets you play imported disks, and Sony is suddenly attacking this one, and ignoring the others still! This would seem to imply they consider the ability to play imported games a real threat, as opposed to the copies.

  72. Re:Aaargh... by spitzak · · Score: 2
    That would make sense but Sony's actions seem to prove this false:

    Chip 1 allows people to play copied games. You can make the excuse that this is for "backups" but we all know this is for piracy. Sony does NOTHING.

    Chip 2 does what Chip 1 does and also allows imported disks to be played. Sony SUES.

    Now what is the difference between chip 1 and chip 2 that made Sony attack? Hmm, maybe the have different priorities than you think...

    Of COURSE these chips are used for piracy. Only idiots (and yea a couple post on SlashDot) would think otherwise. The companies are continually feeding us the lie that they are worried about piracy, but their actions are pretty clear about where they really want control.

    Think about this in the future, when even the pirated copy of your movie will not let you fast-forward through the commercials and requires you to pay a monthy bill to watch it.

  73. Re:Console BIOS is software by WNight · · Score: 2

    Does a mod-chip allow access to the access-controled BIOS?

    No.

    The only reason people point out that a console contains a BIOS is to justify EULAs. (Since by using the console you're using software which requires a copy to be made in RAM, etc, etc).

    However, that too is bunk because US copyright law (and most other counties) allows a temporary copy of software to be made if it's required for the use of the software. (ie, copied into RAM.)

    The fact that these copies are made as soon as the machine is powered on and without any user intervention you could say either that Sony authorized to copying, or that it's required ('cause the PS2 don't work otherwise) and thus legal.

    EULAs also aren't binding because they don't follow the necessary standards for contracts.

  74. Re:Ease of copying killed the Dreamcast... by L-Train8 · · Score: 2

    Pirating may be trivial on the DC, but that's not what did in the console. Nobody bought the freaking thing. This was due to a number of factors, none of which was piracy.

    Retailers were skittish about Sega, because Sega had screwed them before by pulling support early on the Saturn and leaving them with tons of inventory and no games for them, so no buyers for them. 3rd party game companies felt similiarly. And the public wanted to wait and see the PS2 and the GameCube and the XBox, so they stayed away. The DC didn't die because everyone was getting free games, it died because nobody bought it.

    --

    Don't forget that Friday is Hawaiian shirt day.