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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. "
This actually sounds quite bad for importing DVDs. It states that imported PS2 games are illegal to play in the UK. It claims this as it makes an unauthorised copy of the game in memory. I'm sure that if you really wanted this could be stretched to include DVDs (as the article says). As IANAL, I am wondering if this ruling could be taken as legal precedent? Hopefully this bit can be overturned soon.
Another thing I'm wondering about it copying data to memory can be considered "illegal copying". If this is the case for imported games, I do not see how this would make it "not illegal" (for lack of a better phrase) to load PS2 games of your home region (as it is still copying). As "copying" is an integral function of all consoles, I'm wondering what unexpected side-effects there will be. I think the whole thing is a minefield, and the sooner we get a knowledgable expert posting here the better. The whole thing about licensing only for a certain region bothers me - I really can't see why we're not allowed to play import games (or DVDs). OK, its their technology, but still there is "fair use". Hopefully the EU can check into this as well when it's doing its investigation of the legality of DVD regions.
If I buy a PS2 game (or CD, DVD, whatever), and it is illegal for me to make a backup copy, shouldn't I be allowed to get the disc replaced for free if/when it becomes scratched to the point of being unusable?
After all, if I buy a license for a piece of software, I retain the rights use that software for an unlimited amount of time.
According to this link, Australia is moving in the opposite direction. No, it isn't about mod chips -- it is about the legality of region encoding DVDs. This would have interesting implications as legislators were talking about "zoned" DVD players being illegal. I don't know how it turned out.
Learning HOW to think is more important than learning WHAT to think.
Hmmm strange that this happens in the UK.
I could imagine that an american court ruled like this.
Why? Well here in Europe the majority of software/hardware producers go by the good spirit of "If you buy it's yours, if you modify/brake it it's your problem"
What is a PS/2 good for if can't modify it to my needs?
If enough people think like this Sony just cut it's own flesh...
So why would you buy it in Japan? Because the game is:
A) Not availible at all in America
B) It won't be availible in America for ages, but you're willing to pay for the privilidge of playing it early.
C) You happened to *be* in Japan when buying it (I got a bunch of DVDs I can't play on any Region 1 DVD player if I decide to go a year to America.
D) The local version is a cripple (As was/is often the case with DVDs, with bad format (two sides), no extras etc.)
E) Artifical pricing - actually very rare case to make up for shipping and customs, trouble with returns/replacements and so on.
A) - No loss whatsoever
B) - They could sell it to you for a premium, they just don't.
C) - Pisses off those it concerns, for no return, I still won't buy them twice.
D) - Pure incompetence, we need competitive protection from our other divisions.
E) - Wow they might actually lose some money.
Kjella
Live today, because you never know what tomorrow brings
What about games that are released in Japan, but not in the US? The way I see it, if Sony US isn't willing to sell me what I want, I should be able to go to Sony Japan and get it.
That's how it works with just about every other type of product - if one company (or branch thereof) won't sell you what you want, you go to one who will.
With all this new crap - Region Coding, etc... we're being denied our right to choose who to buy from. They basically say "Well, we have this game, but we won't sell it to you - and we won't let you play it, even if you can get a copy of it from someone else".
I don't agree with the piracy-enabling chips - although I'm not exactly sure how to balance that with the fact that making backups should be possible, especially for those with kids who tend to destroy the (rather costly) game discs. I do, however, think that it should be perfectly legal to use an import-enabling chip to play non-US release games.
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.
Because under Section 17 of the Copyright, Designs and Patents act 1988 you specifically have no intrinsic right to make a transient copy even if that transient copy is necessary for the use of the product - that is, reading the contents of a CD into memory is unauthorised copying. It is assumed that you are implicitly granted permission from the copyright holder when you purchase the product, but as of yesterday's ruling this is assumed to only apply to the country where you bought it. As a result, you are legally permitted to import a game for personal use, but copying that game into your system's memory in order to play it is illegal unless the copyright holder specifically grants you permission to do so.
This quite possibly applies to imported DVDs, too.
However, the idea of the licence rather than buy scam is the claim that while you own the media, you don't own what is written on it.
Where the real scam bit comes in is if the media gets damaged or if the same IP becomes available on a different media.
If it was simply the case that you had a licence to the IP then, replacements of damaged media would be at cost as would changing media.