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Chip a Playstation, Go to Jail
perogiex writes "A man in Ottawa was
convicted of selling and installing mod chips out
of his computer store. Sony is overjoyed, man is less than thrilled. This is the first time such a case was tried in Canada." From the article: Garby said he didn't know he was committing a crime and would have never gotten involved in selling mod chips if he had known the law. Update: 07/24 21:53 GMT by M : Headline corrected; it's clearly mod chips for the original Playstation, not the Playstation 2.
Sheesh, did you read the article?
He was caught modding the machines and selling pirated software out of his store. I don't think you can get busted for modding unless they can prove the intent was for pirating and not backup. Well, having and selling pirated software with your mods counts as copyright infringement.
It's like saying he had a lockpit set and was caught using it to steal goods from cars. Guess what? It's not the possession of the lockpit set that got him busted.
It sounds rather DMCA-like. I wonder if Parliament passed something DMCA-like with almost no fanfare.
No. Heritage Canada and Industry Canada have been collaborating in a very significant consultation process accross Canada. I attended their Ottawa consultation meeting, which had surprisingly strong "citizen" representation. The big american content producers were given their say, but not given a lot of credibility. Michael Geist, a U of Ottawa lawyer , was particularly good with not letting things by.
Canada DMCA opponents mailing list.
Digital-Copyright.ca
Thorough background brought to you by Matthew Skala, the chap that broke (IIRC) the Cyber-Patrol encryption and, again IIRC, was pursued by Mattel for DMCA violations, despite being a Canadian.
-Rob Ewaschuk
342.1(1) Unauthorized use of computer
342.1 (1) Every one who, fraudulently and without colour of right,
(a) obtains, directly or indirectly, any computer service,
(b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system, or
(c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or an offence under section 430 in relation to data or a computer system is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction.
342.1(2) Definitions
(2) In this section,
computer program means data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function;
computer service includes data processing and the storage or retrieval of data;
computer system means a device that, or a group of interconnected or related devices one or more of which,
(a) contains computer programs or other data, and
(b) pursuant to computer programs,
(i) performs logic and control, and
(ii) may perform any other function;
data means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer system;
electro-magnetic, acoustic, mechanical or other device means any device or apparatus that is used or is capable of being used to intercept any function of a computer system, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normalhearing;
function includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer system;
intercept includes listen to or record a function of a computer system, or acquire the substance, meaning or purport thereof.
R.S., 1985, c. 27 (1st Supp.), s. 45.
He was also convicted of straightforward, old-style piracy; he was apparently selling pirated games on CDRs.
my old sig used to be funny, but then slashcode ate it and now it's not funny anymore