Slashdot Mirror
Sony Crushes UK PS2 Mod Chip Developers
SukebePanda! writes "UK mod chip developer Channel
Techonology finally had their day in court with Sony, and lost big time. This judgement could have far reaching implications, with the judge implying that even playing original imports was illegal. This
also wipes out any chances of seeing home brewed software on the Playstation 2 anytime soon, as well. "
That's right, Sony... alienate those customers of yours who are most enthusiastic about your product... that'll make you irrelevant faster than anything else.
So why is PS2 letting us fiddle with Linux based PS2's if no one is allowed to modify the normal PS2? Who is it hurting if I purchase one extra game from overseas and play it with a mod chip attached to my US PS2? Oh that's right, it makes baby DMCA cry.
What's worst is when big business manages to keep the balance, stopping the general public from using their fair rights without causing much of an outcry. It helps if they overshoot, this way people realize what is taken away from them and how they are milked by separating the world into regions for consumers while opening it for the big players.
Why can't I legally play an imported PS2 game (which I probably paid a goodly premium for) on a modded PS2? I've voided my warranty if I mod the PS2, Sony still gets their money from the original software sale, the reseller gets their money from the sale to me, and I get to try to decipher the hirigana and kanjii in a vain attempt to understand just what the heck it is I've bought. Seems like everyone gets what they want in this circumstance.
Now, modding my PS2 to play CD-R games is a bit of a different matter. Most of the games are coming out on DVDs these days, anyways, so I don't know how big of an impact this would have.
I wish I had a kryptonite cross, because then you could keep Dracula and Superman away.
It's a typical judgement for the UK courts to rule to the absolute letter in cases such as this. Problem is, the judges don't appear to have a firm grasp of the implications caused by these rulings. Most law has always been one step behind technology, but the problem we have now is that tech is a truly global market.
Marketing suits have been trying for years to stifle shopping internationally, in case people begin to realise that their countries are being screwed in comparison to others. This case affects games importing (because we aren't allowed to buy what we want say the suits) but DVDs as well (because it would absolutely *crush* the movie sector, say the suits) and anything else the marketing guys want to stifle. It's not like dealing contraband, it's off-the-shelf products.
My worry is that this trend will continue, even though it, in some cases, directly contravenes law. Here in the UK, our car prices are drastically higher than on the continent, and certain car manufacturers make it very difficult to buy your car abroad. This is despite the face the EU trade laws explicitely say otherwise. If companies are flauting the *law*, how exactly can we stop them?
Sony still gets their money from the original software sale
Sony of Japan Inc does. Sony of America Inc doesn't.
Most of the games are coming out on DVDs these days, anyways, so I don't know how big of an impact this would have.
Stripping away the movies helps shrink most games down to under 700 MB.
Will I retire or break 10K?
Stop, stop, stop. While I believe there are people who legitimately want to play Japanese games and backups using their mod chips, this isn't what the overwhelming majority of people intend to do with it. The real reason these devices are popular is because people want to play some mediocre game, but don't want to shell out $50 for it. Considering that Sony DOES make a profit on the console, mod chips are a great way to keep pumping the numbers of PS2s out there. MS has already tipped their hand with the HomeStation. It's not about games anymore, it's about whose hardware is in the most homes. If successful, they could end up driving PS2 sales down.
I can't read minds. This to me looks like the Judge actually favours the rights of end consumers to use purchased goods any way they like. Granted the judgement in this case goes the other way, but the judge is hampered by existing laws and must rule as they say. This is an overly strict reading of the laws and most of us are cringing. I think that is what the judge wanted.
It looks like a T-ball setup for a great public outcry and movement to get the politicians off their buts and give back some rights to end users. Or maybe just a great appeal case to go up the judiciary path. The quicker this judge makes his ruling the quicker it gets up the appeal path.
Consider this DSL router/hub. In the USA it costs $139+tax. In the United Kingdom, it costs the equivalent of $300 inc tax. For the same bit of hardware. And when we look at bestsystemdirect.com, we find to our "surprise" that they don't ship outside the USA.
Draytek is clearly charging an enormous premium to its European customers. Its just another example of the way capitalism fails us.
Never mind, it will be very easy to get one brought back from the USA :-)
keeping people from playing games, it's about keeping people from illegally pirating games. True, many people in the Slashdot community have the respect for the artists and companies involved in video game production to pay for the games they play, and curcumvention devices such as mod chips are used as GOD intended, to view the work in it's original Japenes, etc.
Unfortunately, illegal copyiers force companies like SONY to take these steps to protect the profits of their company and the artisits that produce games. I am unahppy that this action was necassary, but untill the piracy stops SONY and others will take steps like this to keep it to a minimum.
Just my 2 cents.
People, you all are not realizing this one important fact: That the PS2 architechture is Sony's closed architechture, and that other companies( mod chip companies) DO NOT have any legal right to make modifications to Sony's PS2 architechture without legal consent fron Sony. How hard is this for you people to understand?? If you were Sony, how would you like it if some other company modified you computer architechture without your consent? I would be pretty upset. Also, realize that the main goal behind this law suit against PS2 mod developers is to stop the piracy of games, and the ability to play copied PS2 games, whether on CD-R, CD-RW, or DVD-RW, on the PS2. If you purchase forign games and need a moded US PS2, to bad. You suffer because the main reason people mod their PS2's are to play copied games. If you don't know by now, COMPANIES loose massive amounts of money on copied software. How hard is this to understand. Also, if you want to develope on your PS2, just try to obtain a PS2 Linux Kit like me. It is comming to the US and Europe also. No need to mod and void your warrenty. I hope that Sony works extremely hard at preventing people from modding PS3 when it comes out. With PSX, there was the development PSX, a.k.a Net Yaroze. With PS2, there is PS2 Linux. With PS3, Sony will continue their trend and release some form of hobby development for PS3. Relax.
That you dont actually need a modchip to play imports, but it does make it a little nicer. Plus the code and schematics are readily available on the internet for those people who are technically inclined.
This wont effect Homebrew software since they are still going to make the Linux Kit available. Even though it is going to cost an arm and a leg.
So really the only people this effects are the people profiting from the sale of the modchips.
from the website: 'Judge Jacob stated that Sony licensed games for the territory that they were issued, the licensing of these games did not allow for their use in other territories, therefore whether they were imported for private and domestic use by personal purchase for instance via the internet, or purchased abroad on holiday, they were not allowed by Sony to be played outside of the licensed territory, this argument should be upheld.' Ok, so now I am not allowed to leave where I live and play my games where I travel to? I don't understand this. Maybe I am just being dense, but could someone please show me where it says you aren't allowed to move somewhere and play your game? Also, how big are these territories he's talking about? Anyone? Bueler?
Sent from your iPad.
This also wipes out any chances of seeing home brewed software on the Playstation 2 anytime soon, as well.
PS1 has the largest installed userbase of any console in the world, besides game boy.
Mod chips for the PS1 cost almost nothing, are widely available, and are installed in many units.
The Yaroze was released in the US by Sony- essentially a PS1SDK.
There are countless emulators for the PS1, allowing you to play burned and/or copied software on your computer
Despite all this, I don't think I've ever seen a homebrew PS1 game, ever. Has anyone else?
Isn't crap like this covered in the warranty? Like, if you screw with it, you void the warranty. It's the same as GM telling me that if I decide to put an aftermarket stereo in my car then it's my own problem if it shorts out the whole electrical system. They don't really care what I do to the car because they're no longer obliged to fix it for me once I've voided the warranty. If I'd been warned before purchasing my PS2 that even though I *purchased* it, I had no right to do with it as I saw fit, I probably wouldn't have bought it. This isn't about software or IP or any sort of difficult grey area, this is a tangible product. I buy it, I own it. That's how it's always been, and I don't see how they can change that.
do not read this line twice.
Sony has *always* been big on proprietary devices! What they're doing now with PS2 is pretty consistent with what they've always done.
Look at their digital cameras, for example. While everyone else in the market standardized on one of two memory cards, Sony had to be different and require their own "Sony memory stick" instead.
When it comes to camcorders, they do things differently too. Everyone else sells DV capable camcorders that use "DV tape". Not Sony. Instead, they sell DV camcorders using Hi8 tape, and write to it in a proprietary fashion to achieve the same results. (Granted, they allow backwards compatibility *playing* normal Hi8 tape, so you don't feel too non-standard.)
People who used to sell home and car audio can attest to their tactics too. Quite often, Sony will go out of their way to use a proprietary connector or cable to attempt to lock you into using only Sony authorized accessories.
They get away with all of this for one big reason; the stuff is good quality. When it comes down to it, Sony sells all manner of electronics and does a damn good job of it. If you try to boycott Sony, you only shoot yourself in the foot at some point. Often-times, they have the best product for a particular item and price-point.
You are only missing one little point in your logic. Broadband was designed to allow people to surf the web faster. Mod chips were specifically designed to override copyright protection of the Play Station. When you go to ModChip sites and the first thing you see is a flashing red banner that says, "Play any copied PlayStation game for the cost of a $19 USD chip and .50 cent CD" it is obvious what the intended use of the device is. If you don't believe me, try opening a gun store called A$$hole Removal Systems, LLC. and see how long it remains open.
Should someone create a chip that checked the copyright bit of the CD and the checksum and if these were true THEN still did not allow the CD to play but allowed home-grown CD's to play, I bet that chip would at least have a chance in standing up in court.
The documentation I was able to find on how to make home grown PlayStation games was very rare and horribly sketchy (sketchy = ModChip sites didn't have it in their FAQ or HOWTO). I was able to get the Psnes emulator with some NES ROMS burned onto a CD and playable in my Playstation, so it *is* possible to make homegrown games.
As for the backup issue, most companies that produce playstation games claim that if you send them your scratched, shattered, melted or otherwise expired CD, they will send you a replacement copy. I think we can all agree this is BS, and as games age, and as companies that produce them fold, merge, and otherwise, it is impossible to be assured that you will get a replacement. Only way to fight this is to file a class action suit that claims infringement of personal rights because they do take away your backup rights, claim to provide replacements and do not do so in a timely or reasonable manner.
In all, create a ModChip that allows home grown Playstation games to work but not copyrighted ones, then have your friend (or wait two weeks), create an application that changes the copyright bit and checksum on the CD to *fool* your ModChip into thinking it is not copyrighted. Then you can sell them in every drug store around the country risk free.
While you license the software, you still own the physical manifestation of it. I.E the media and box and such. This would likely be enough to qualify you for protection under this law.
The problem with these game consoles is that unless you work for a multi-million dollar company... and pay SONY ultra-big-bucks... you can't write for them. This greatly limits the number of fun games and useful products that could exist for PS2 and other devices.
Case in point... we would like to port our tranquility game (tqworld) to PS 2 -- but Sony won't even return our calls - why? because we arn't a BIG COMPANY with a BIG NAME and a BIG SAVINGS ACCOUNT from which to write SONY BIG BUCKS.
What this means is that we are held at bay by a limited number of games - in a limited number of genres - from a limited number of manufacturers.
The OLD BOYS CLUB.
Now sure... it's SONYs right to decide who can and can not create games for their devices... but their devices would be *oh so much more popular* if they opened up the game interface and allowed us regular joes to throw our programming talents at it.
Additionally... SONY seems to prefer to fund companies who create extremely violent games -- while ignoring companies who create games that are non-violent -- a highly unbalanced playing field.
Think, a moment, what would happen if MicroSoft, or Apple... removed the ability for you to put compilers on their computers and write your own code. What if the computer manufacturers would ONLY allow code from *licensed* companies to run. That would not only kill the entire programming profession, it would create a huge unbalance of software and capabilities.
Now consider what happens when Game Consoles MERGE with computers... will this be the outcome? Only writing programs for Microsoft if you PAY MS big money to be the privledged one to do so?
The technical reason for the decision being based upon the fact that a game that is run without permission makes a copy of copyright material in memory, this copy is 'infringing' because it is an unauthorized copy argued Sony.
So its ok to have the imported game, but the act of loading the game into the PS2's RAM is where the actual illeagal copying occurs. So I can make n copys and distribute them to all my friends, but the "real" copying (and infringement) doesn't occur until the disc is copied once more, but this time into the RAM of the PS2. Isn't this just semantics. This doesn't make sense.
Yes but every time I try to see it your way, I get a headache.
The amusing thing is that they have exactly the opposite reputation in their home country. I don't know why, but for some reason it seems that Japanese folks tend to think of Sony as synonymous with shoddy workmanship. Maybe they have a history of releasing a lot of duds in Japan that they just don't bother trying to export, so we only see the good stuff over here. Anybody know more about why that is?
The manufacturer of a device, is telling me what I can, and cannot do in my own home, with software I purchased for it?
wait a minute, this sounds familiar.
Oh right, it was that blockhead who's the head of the MPAA. Jack Valenti. Once again, another company wants to set rules on private use of their product. What if I do want to use a fork to brush my hair? Maybe that butter knife actually is a screwdriver! (sorry mom)
How the fuck can the place of purchase of an item, used in your own home, make it illegal being used on the product it was designed to be used with?
Aslong as I paid for the product, $MANUFACTURER of both $DEVICE and $PRODUCT shouldn't give a damn.
da w00t. mtfnpy?
I can't see this as being good for PS2 sales
Agreed!
The reason the PS became the best selling console in the UK was because people could easliy pirate games onto a CD and play them with a mod chip.
No way could you easily pirate a Nintendo/sega cartrage.
Any market will have a stall selling dodgey pirate games, and any (indipendent) games shop will happily chip a PS for you.
In stopping this illegal trade, Sony are harming themselves not helping themselves!
Anyone quoted by a reporter knows how little they understand
Don't believe what you read is the truth.
So? It's NOT the business of the government or of me to guarantee any particular business a profit, or indeed that it stay in business.
But it IS the business of government to see that, when a person or organization has played by the government's rules and has something of value, they do not lose that value to someone who has NOT played by the government's rules.
You may have an argument with the rules - whether they're proper, or whether they're consistent with the rest of the rules - especially those that override lower-level rules. But that argument is not with Sony, but with the government: With the legislature (for constructing the obnoxious rule), or with the courts (for not resolving the inconsistency with other rules of the same or higher precedence).
Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
In the UK (US too) a legal system of precedent is used. This means that judges and juries should follow what was set down before.
When a case comes to court that challenges an old way of thinking, or would have NEGATIVE consequences, the judge or jury is well within thier rights to rule AGAINST the law. A poor judge is one who refuses to do his moral job and simply upholds the letter of the law.
This is the advantage a precedent system has over a penal system. There is a flexibility so that a single ruling can change the face and scope of the law.