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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 ;)
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.
Zodiac Survey
- 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
- 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.
- (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.I suspect you're referring to 17 USC 602 (a), which reads as follows:
But one important thing you've neglected to do is to read further. 17 USC 602 (a) (2) goes on to say: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.
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
... 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.
... up to the point of lobbying legislators (cough*DCMA*cough) to exterminate what they view as inappropriate economic conduct.
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)
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
Sony makes a profit on the PS2 hardware.
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.
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.
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..
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