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Australian Commisssion Defends Playstation Mod-Chipping

newt writes "The Australian Competition and Consumer Commission (ACCC) is intervening in a court case to defend Sony Playstation owners' right to modify their consoles to play imported games. The ACCC is submitting a friend of the court brief, arguing that Sony's regional playback controls are unlawful. This has implications for DVD region zoning too: The ACCC has previously published its concerns about DVD regioning, and its latest press release about this case reiterates the problems presented to Australian consumers by Sony's practices."

26 of 287 comments (clear)

  1. Re:Finally some high up agency doing something by ryants · · Score: 5, Interesting
    I doubt it would ever happen in the United States, which would also mean it probably wouldn't ever happen in Canada either
    The real problem here (Canada), I believe (which is code for "I'm talking out of my ass, but it kind of makes sense, so bear with me") is that consumers are apathetic: except for a few tentacle Anime loving freaks, nobody here cares about region coding, because we're in Region 1, and get all the Hollywood flicks pretty cheap.

    In other regions, where the region coding is used as a price control (read: gouging), consumers are little more irrate. Hence government action.

    --

    Ryan T. Sammartino
    "Ancora imparo"

  2. Why? by gillbates · · Score: 5, Insightful
    The more I think about it, the more it seems that the United States is the only industrialized country which actively takes rights away from its own citizens.

    It would seem that the U.S. is no longer the defender of the free world - for a country which values freedom so much, we are doing less than others to protect it. Why is it that Australia, the EU, and Russia (yes, our former enemy) are going to bat to defend the liberties of individual citizens while our government is actively taking them away?

    I used to be proud to be an American.

    --
    The society for a thought-free internet welcomes you.
    1. Re:Why? by starduste · · Score: 5, Insightful

      I'm not sure of the other countries, but in Australia, we have no rights given to us in the Constitution. Therefore, we have hundreds of civil groups, telling us *why* it's important the government does not take away our freedom. On the other hand, in America, those groups simply claim that the government can't do that (whatever that may be) because of the Constitution - hence some people simply say "oh well, doesn't seem too important anyway". Because we are constantly told why it's important in Australia, we value those freedoms much more, and create a huge uproar when politicians try and take it away.

    2. Re:Why? by sholden · · Score: 3, Informative
      Go read the constitution, we have a number of rights both stated implicitly and infered by various high court decisions.


      Australia has nothing like a bill of rights, the Australian constitution limits the powers the Federal Government has over the States, and also limits what the domain of the State governments a bit as well. The only limitations I can find are:

      41. No adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth.

      51.(i.) Taxation; but so as not to discriminate between States or parts of States:

      51.(xxiiiA.) The provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorize any form of civil conscription), benefits to students and family allowances:

      99. The Commonwealth shall not, by any law or regulation of trade, commerce, or revenue, give preference to one State or any part thereof over another State or any part thereof.

      100. The Commonwealth shall not, by any law or regulation of trade or commerce, abridge the right of a State or of the residents therein to the reasonable use of the waters of rivers for conservation or irrigation.

      Whereas the list of things they can do is quite a bit longer:

      51. The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:-

      (i.) Trade and commerce with other countries, and among the States:

      (ii.) Taxation; but so as not to discriminate between States or parts of States:

      (iii.) Bounties on the production or export of goods, but so that such bounties shall be uniform throughout the Commonwealth:

      (iv.) Borrowing money on the public credit of the Commonwealth:

      (v.) Postal, telegraphic, telephonic, and other like services:

      (vi.) The naval and military defence of the Commonwealth and of the several States, and the control of the forces to execute and maintain the laws of the Commonwealth.

      (vii.) Lighthouses, lightships, beacons and buoys:

      (viii.) Astronomical and metereological observations:

      (ix.) Quarantine:

      (x.) Fisheries in Australian waters beyond territorial limits:

      (xi.) Census and statistics:

      (xii.) Currency, coinage, and legal tender:

      (xiii.) Banking, other than State banking; also State banking extending beyond the limits of the State concerned, the incorporation of banks, and the issue of paper money:

      (xiv.) Insurance, other than State insurance; also State insurance extending beyond the limits of the State concerned:

      (xv.) Weights and measures:

      (xvi.) Bills of exchanging and promissory notes:

      (xvii.) Bankruptcy and insolvency:

      (xviii.) Copyrights, patents of inventions and designs, and trade marks:

      (xix.) Naturalization and aliens:

      (xx.) Foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth:

      (xxi.) Marriage:

      (xxii.) Divorce and matrimonial causes; and in relation thereto, parental rights, and the custody and guardianship of infants:

      (xxiii.) Invalid and old-age pensions:

      (xxiiiA.) The provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorize any form of civil conscription), benefits to students and family allowances:

      (xxiv.) The service and execution throughout the Commonwealth of the civil and criminal process and the judgements of the courts of the States:

      (xxv.) The recognition throughout the Commonwealth of the laws, the public Acts and records, and the judicial proceedings of the States:

      (xxvi.) The people of any race, for whom it is deemed necessary to make special laws:

      (xxvii.) Immigration and emigration:

      (xxviii.) The influx of criminals:

      (xxix.) External Affairs:

      (xxx.) The relations of the Commonwealth with the islands of the Pacific:

      (xxxi.) The acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws:

      (xxxii.) The control of railways with respect to transport for the naval and military purposes of the Commonwealth:

      (xxxiii.) The acquisition, with the consent of a State, of any railways of the State on terms arranged between the Commonwealth and the State:

      (xxxiv.) Railway construction and extension in any State with the consent of that State:

      (xxxv.) Conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State:

      (xxxvi.) Matters in respect of which this Constitution makes provision until the Parliament otherwise provides:

      (xxxvii.) Matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law:

      (xxxviii.) The exercise within the Commonwealth, at the request or with the concurrence of the Parliaments of all the States directly concerned, of any power which can at the establishment of this Constitution be exercised only by the Parliament of the United Kingdom or by the Federal Council of Australasia:

      (xxxix.) Matters incidental to the execution of any power vested by this Constitution in the Parliament or in either House thereof, or in the Government of the Commonwealth, or in the Federal Judicature, or in any department or officer of the Commonwealth.

      Note that over time the States have transferred some of their powers to the Commonwealth giving them a larger domain than indicated. Also it is a reasonably common enough occurance for the Commonwealth to convince all the states to pass a law, in effect making a commonwealth law that they are not supposed to make. I guess this is *much* easier in Australia with only 6 states than in the US.

      We have universal gun control in this country - something campaigned for by the Commonwealth government.

      In the state I live we have 'move-on' laws, so the police can force you to leave a public area, public assembly without approval is illegal, distribution of pamphletes without authority is illegal, broadcasting without authority is illegal (having your walkman up to loud is a crime), skateboarding, bike riding, and the wonderful phrase to have in law 'anything of that nature' in a public space is illegal without authority, you can be banned from said public space for life for breaching those laws, the police can enter a permise without a warrant if they think it is being used for drug crimes...

      It's amazing what the government will do when it doesn't have a bill of rights restructing it when something like the Olympics comes along.

      Of course these laws are not enforced in a manner that makes it a police state - but that's not the point, they could be in the future.
  3. Call me stupid, but... by lorcha · · Score: 5, Insightful

    ... when I purchase a piece of hardware, can't I do whatever I want with it? Recognizing that it might void the warranty, of course...

    --
    "Avoid employing unlucky people - throw half of the pile of CVs in the bin without reading them." -- David Brent
    1. Re:Call me stupid, but... by eric_aka_scooter · · Score: 5, Funny

      Speak it, brother! How's that old geek saying go... "if you aren't voiding the warrenty, then you aren't even trying."

    2. Re:Call me stupid, but... by clark625 · · Score: 5

      Generally speaking, yes. You can take it completely apart, poke and prod all the bits, and otherwise reverse-engineer to your heart's content. The DMCA wasn't really intended to limit this type of behaviour. You won't find agents at your door because you took apart your PlayStation 2 or Xbox, or whatever. If you own it, you can do as you like.

      The sticky part comes when you publish (via the internet or otherwise) a direct method to circumvent any copy protections. It also gets more hairy when you offer to sell bits and pieces for what can circumvent those protections. If I produce a piece of equipment (with patents, copyrights, etc. over that), I should also have the expressed right over how I want to license 3rd party manufacturer's.

      You can buy a PS2 controller from other companies besides Sony. But Sony gets a piece of that product, because they own the machine that it is intended for. When we start to talk about mod chips, Sony doesn't see any of that. They haven't licensed these products, and it's quite likely that these manufacturers are using Sony's registered names and trademarks (I mean, they are called PS2 mod chips...). Also, mod chips allow for Sony to further lose control over their licensing by way of "3rd party" games in the form of piracy.

      Personally, I think Sony is stuck in a position where they can't win. If they don't go after these companies who sell mod chips, they risk losing their licenses, trademarks, etc. These things have to be protected. On the other hand, if they go after mod chip vendors, it looks like they are just being bullies.

      Of course, you still can do whatever you want to your own hardware in your own home. Sony doesn't really care to break down the doors of even those people who purchased a mod chip. It isn't in their interest--and the government doesn't give a darn (cause the burden of proof is high to get a search warrant). Heck, I have a DVD player in pieces in my basement because I'm curious how it works--but under no circumstance will that allow the manufacturer to come into my house to see if I've broken a copyright protection mechanism. Once I start selling chips, though.... all bets are off.

      --
      Long, cute, or funny Sigs are just another form of over compensation, used by geeks, nerdz, etc.
    3. Re:Call me stupid, but... by GooberToo · · Score: 3, Interesting

      Heck, I have a DVD player in pieces in my basement because I'm curious how it works--but under no circumstance will that allow the manufacturer to come into my house to see if I've broken a copyright protection mechanism. Once I start selling chips, though.... all bets are off.

      So if I create a mod chip for my car and resale my technology, you're telling me that the manufacturer is due some profit from my efforts even though it was developed completely without their help? That's insane! What if I develope an IR to RF converter for my Sony remote control which I developed without any of Sony's help. Should Sony get a peice of the pie? Of course not. If I state that these devices function with with a Sony system and a Pontiac car (common practice on many items commonly available from most stores), in what way am I violating their trademarks or patents? Since this goes on every day with cars and many other goods, in what way is this any different for a gaming console. Last I heard, Ford, Chevy, Pontiac, etc., have not lost their trademarks nor had their patients violated by these systems. The car metaphore is very close to home as it modifies the car's operation to function in a manner different than comes from the manufacurer. So what's the issue. This is no way shape or form, constitutes a patent or trademark violation. In fact, last I heard (uncomfirmed), Sony is in violation of internation trade laws by placing the zoning logic into their devices (as is every electronic device which has restrictive zoning logic).

      As for the ruling that the concept is illegal, there is clearly LOTS of prior cases which invalidate the courts ruling, clear and simple! Simply put, the judge is a moron. Based on his assertion allow for only a slight extension of his logic, if I purchase a book from another country and it is locally available from another publisher, I've now violated copyright. That's insane. When will these judges realize that just because the word "computer" or "electronic" is used it doesn't somehow invalidate logic or all other laws based on simular technologies.

    4. Re:Call me stupid, but... by dillon_rinker · · Score: 3, Funny

      Dude. That's like replying "It's been a long time since 1st grade" when someone points out that 1+1=2. Some things you are not allowed to forget if you wish to remain a geek. :)

  4. Australia? You've got to be kidding. by Lemmy+Caution · · Score: 3, Troll

    Countries don't have sense. People do. Australia's internet policy is so astoundingly fucked up, and the environment there becoming quite censorious. This one development is a good one, but the civil liberties grass is NOT greener on that side of the Big Lake.

    1. Re:Australia? You've got to be kidding. by Boiling_point_ · · Score: 4, Informative

      Exactly - it's important not to confuse government policy (currently stupid and restrictive) with the ACCC - a government-funded but independent body that never gets listened to, except by the media.

      --
      "If you create user accounts, by default, they will have an account type of Administrator with no password." KB Q293834
  5. Re:This mod chip... by bbk · · Score: 5, Informative

    A good description of (psx) mod chipping can be found here:

    http://www.vguys.com/modchip.htm

    Basically, modchips allow the console to boot discs from another region, by changing CD subcodes to a universal format. It makes it so that other region disks boot, with the side effect of allowing CD-R copies to be played. So it's a region and copy protection go around.

    Other consoles (Gamecube, Saturn) have simple switch mods that allow region changing, and some (Xbox, Gameboy color/advance) have no region checking.

    BBK

  6. Whats the point of region limitations anyway? by deviantonline · · Score: 5, Insightful
    I have never really understodd this. Why do video games and dvd's only play in certain parts of the world? What is the rationelle behind this?

    As far as I know, VHS can be played everywhere (pal/ntsc versions) and computer software isnt limited to specific regions, so why are DVDs and Video Games?

    Anything else limited this way? I can understand that diffrent countries have diffrent ratings and what not, but the fact that digital formats can block usage in diffrent regions of the world seems like a backwards thing to be doing in this time of freedom and what not.

    1. Re:Whats the point of region limitations anyway? by EboMike · · Score: 3, Informative

      I have never really understodd this. Why do video games and dvd's only play in certain parts of the world? What is the rationelle behind this?

      Region coding does make sense with DVDs. You see, there's often a long delay before US movies are released in other countries.

      Take Memento: I had imported the DVD in September 2001 - but the movie didn't play in theaters in that country until December!

      Movies cost a fortune, and the main income is still what flows through the box office. Now if a movie is released on DVD before it appears in theaters (and that happens very often), both movie theaters and studios would suffer.

      VHS didn't have that region coding option, of course, because it was technically impossible at that time. But with DVD technology they've been thoughful enough to add it.

      And as for games, well. My best guess is that SCEA, SCEE and SCEI are somewhat independent (they have different TRCs and regulations). And similar to movies, the release dates for the individual regions differ. Without a protection, Europeans would import the US version, SCEE would make less money. This may sound ridiculous cause "Sony is Sony", but keep in my that SCEE and SCEA have their own staff and budgets. A very prominent incident which touches this issue is the Infogrames Civ3 dilemma.

      My personal stance about this whole thing is that it's a big hypocrisy. I mean, people are bitching about how their rights are being taken away and everything, but let's face it: How many of them are actually using imports? In 99% of all cases, the mod chip is used to play pirated games. Hey, we had this discussion before.

      There was a chip for the PSX which allowed to circumvent the region coding but still prevented using CD-Rs. That's more like it. They should build one like that for the PS2 too. Let's see how many people care or even KNOW about that chip then.

    2. Re:Whats the point of region limitations anyway? by Teun · · Score: 4, Insightful

      No it does not make sense, nobody forced the US studio's to release their movies 6-12 months later in other countries.
      This has no influence what so ever on the income of the studio's.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    3. Re:Whats the point of region limitations anyway? by Howie · · Score: 4, Insightful

      How many of them are actually using imports? In 99% of all cases, the mod chip is used to play pirated games.

      Actually, in the case of the PS2 there are huge delays between a game's release in the US and other markets... Final Fantasy X, Metal Gear Solid 2 and Ico are all games I would play as imports, since I still can't buy them in the UK even though they came out in the US last year. I don't give a rat's arse about DVD playback, since I have a perfectly decent DVD player that doesn't require a game pad, and is already multi-region.

      Your argument that DVD imports stop the studio from arbitrarily delaying the release of movies is at best circular, by the way. Harry Potter and LOTR both show that studios can release simultaneously worldwide if they want to.

      --
      "don't fall into the fallacy of believing that Perl can solve social problems. Maybe Perl 6 can, but that's a ways off"
  7. Let's hope it snowballs... by Aexia · · Score: 5, Funny

    Of course, Australia has to beat the region controls first. Let's assume they do.

    I'm guessing the remedy would be to require players sold in Australia to be capable of playing all regions.

    This would result in Australian DVD players being exported to other countries. This gets done already but usually they require mods or they're expensive. But if you have a legit source of "official" DVD players, I think they'll prove popular.

    US DVD Player manufacturers will either see this as a threat(because people will buy Aussie DVD players instead of American ones) or as an extra cost of business(because they'll have to effectively produce two different types of the same players) and start lobbying for the right to produce region-free players here as well.

    ...

    Then Sony brings down the wrath of the WTO and crushes this newly gained freedom in Australia and the fantasy comes to an end.

  8. As altruistic as it seems... by Cruciform · · Score: 5, Funny

    ...we know the real reason behind it.

    The politicians can't get enough Hentai Dating Simulation games. Never underestimate the power of a school girl uniform and a 20 foot long penis-tentacle.

  9. Consumer friendly policy by bertok · · Score: 4, Interesting
    The ACCC is extremely consumer-friendly. I think their theory is that as long as there is demand, there will be a supply, but the reverse isn't true. The drug trade exemplifies this: Even though it's illegal to sell drugs, the demand is there, so people do it. The ACCC is simply applying the same philosophy to more ordinary situations: Keep the consumers happy by making their purchases safe for them, and they're likely to continue being consumers.

    Over here, the government guarantees a "reasonable" minimum warranty on all purchased items, ignoring any "lets screw the customer" EULA-s or the like. I suspect that suing Microsoft for faulty software would succeed in Australia, but would fail in the US.

  10. Re:This mod chip... by 8string · · Score: 5, Informative

    Imagine if your car would only accept gasoline from your homestate (let's say California).

    When you take a vacation to Arizona, the gas is much, much cheaper, but alas won't run in your car because the signature chemical is missing. You have to buy special "California" gas at a premimum.

    Techincally, there's no difference between an AZ car and a CA car, except that artificial price controlling mechanisms have been put in both cars making the fuel from one state non-interchangable with the other. It's a way to create an artificial market and shut out competition.

    Do you get it now?

  11. DVD region encoding [only slightly OT] by bovril · · Score: 5, Insightful

    I wonder how long DVD region encoding would've lasted if it was the USofA that had to wait months for titles to be released (if at all)?

    I want my Hollywood revisionist history epics now, dammit!!!!

    --

    ---
    Yeah, well, that's just, like, your opinion, man.
  12. Instead by t_allardyce · · Score: 4, Informative

    Instead of making laws, why don't governments simply educate the general population as to how much they are getting ripped off by DVDs, Playstations and Microsoft. If I was in charge I would fund a series of adverts that showed people exactly how much profit these companies make, how cheap it really is to press a CD, and how production costs aren't that high when split over millions of customers.

    I would show them how they could live in a world where DVDs could be watched anywhere, where they weren't restricted as to when they could fast-forward, or copy, and how these massive companies bribe governments to restrict freedom. I would introduce them to the idea of operating systems other than Microsoft Windows(R) that were free and open so you couldn't hide malicious code in them.

    You would think people would know this already, but you would be surprised how many non-slashdot readers honestly think that it costs _that_much_ to make a DVD, even though the studio has already made a massive box-office profit. People actually don't realise how much they are being ripped off and controlled. They have been completely conditioned.

    Obviously I would probably be sued if I had these public-service-announcements made and showen, but thats how the world works.

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    This comment does not represent the views or opinions of the user.
  13. Re:This is +5 Insightful? by Mandelbrute · · Score: 3, Insightful
    I don't know where I'd be without pedantic generalizations.
    Probably in the same place - you missed the word "some" - so much for a generalisation!

    entire generations spending billions of dollars promoting democracies all over the globe
    Yes, from the Halls of Montezuma to the Shores of Tripoli - global police for nearly two hundred years. I think this is straying wildly off the modchip topic!

    In Australia, we don't tend to talk about "God Given Rights", we know that we don't have a right to remain silent - so when someone comes along to take away what we do have, even if it is just the ability to play games for the US market, then a lot of people take notice.

    Just don't come here by boat - we'll send you somewhere else or lock you up in the desert!

  14. I wouldn't consider Australia better than the US by Trepidity · · Score: 4, Insightful

    ...in this regard. Sure, they're on the "right side" in this one particular case. But Grand Theft Auto 3 is illegal in Australia, while it's the best-selling PS2 game in the U.S., where it's perfectly legal.

  15. DVD delay argument doesn't make sense by Nice2Cats · · Score: 3, Insightful
    Region coding does make sense with DVDs. You see, there's often a long delay before US movies are released in other countries.

    That would make sense if only new DVDs come out with regional encoding, but my copy of "Alien" here - which was released quite a while back - is limited to Code 2. Everything gets coded, ancient or still on the big screen. This makes the "delay" argument look kinda silly.

    I mean, people are bitching about how their rights are being taken away and everything, but let's face it: How many of them are actually using imports?

    In Europe (somewhat more than 360 million people, I should point out), a lot of people. This is because there is a greater selection of DVDs in the U.S. than in Europe. Also, some DVDs are in German translation only ("Flash Gordon", the new version with Queen's music, is one of them). And third and most important, DVDs from different countries are censored in different ways. Europeans (especially Germans) take out the violence (the German version of "Fight Club" is somewhat of a joke), while the U.S. has this problem with nudity and sex ("Color of Night" is one that comes to mind).

    If you want to see the film the way the director intended, sooner or later you're going to have to import you stuff.

  16. Which side of the road? by Arker · · Score: 3, Interesting

    They drive on the left, along with basically all former British colonies outside of North America.


    It's an interesting little historical digression as to why different countries drive on the sides of the road they do. It actually all goes back to Napoleonic Europe. Before Napoleon, everyone used the left side of the road. It just sort of naturally happened that way, most people are right handed after all, and if that passer-by jumps at you as he goes by, you want your strong hand (which might well be holding a sword, after all) between you. Or if you were in a chariot, or on a horse, the weapon typically would be in the right hand, the reins in the left - which leads to the same thing. So for centuries everyone in europe used the left side of the road.


    Then came Napoleon. And the Napoleonic wars. Horrid bloody confused battles, gunsmoke obscuring view, troops arriving late and needing to tell friend from foe quickly when they marched into view along a roadway. Plus Napoleon was a bit of an iconoclast anyway. So he came up with a way that his armies could quickly tell friend from foe, even under the most confused conditions. He decreed that the French would now use the right side of the road, not the left. Anyone marching on the left side of the road was the enemy. He conquered nation after nation, and when they were conquered, they switched sides and used the right side of the road.


    The British were never conquered. They still use the left to this day. So do their former colonies (with the exceptions mentioned.)

    Sweden also he did not conquer. However, back in the 1960s, the Swedes did finally change over to be compatible with the nations around them. They had some rather confused motorists for a bit, as you might imagine, but eventually everyone got used to it. Most other European nations that Napoleon didn't conquer (such as Switzerland, for instance) nevertheless made that adjustment long before, for the sake of commerce with their neighbors.


    Ahh but now the strange exception in North America. We actually went through a period of relative chaos on this issue - most early Americans were from England after all, but then again, we fought the British and those French had helped us... so there was some disagreement and regional variation, although the right side was probably more popular, particularly early on. Henry Ford actually was the one that put an end to it. He had a bit of a fetish about efficiency - you may know that he only put out his cars in one colour, for instance, to simplify the painting stage of production, not to mention his supply logistics. So it was natural he would want to decide to put the steering wheel on one side or the other, not both (an option his competitors catered to.) He settled on the left, it is said, because his left arm was weak from a childhood illness and he found it difficult to shift gears with it. So he put the steering wheel on the left, shifted with his right, and his cars became so successful that the entire continent was soon driving on the left side of the road.



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