Slashdot Mirror
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.
Ignorance is not a permissible defense anyway. Go ahead, try convincing the police officer you didn't know it was 45 on the road. Even if you turn onto the road after the sign and had no way of knowing if you had never driven on the road before, the law still applies.
What?
Since the mod chips circumvent copy protection, I can see how they are made illegal under the DMCA in the US. Is there a Canadian version to this I am not aware of?
I think he was likely fined mostly for the sales of the pirated games. I don't believe we have an equivalent to the DMCA in Canada, and therefore the mod chip is perfectly allowable to be sold in Canada. He got caught for software piracy, not for breaking DRM.
But, I am not absolutely sure on this. Could a Canadian Lawyer verify this for me? Also, do you know if he could get caught on that Mod chip for a different reason?
~ kjrose
The article says "two counts of copyright infringement", which is pretty self-explanatory given the "413 pirated video games".
Of more concern -- and perhaps why you're scratching your head -- is the "four counts of selling unauthorized computer equipment". What the hell does that mean?
Who "authorizes" computer equipment? Do the charges stem from something like violating FCC-equivalent (DOC? CRTC?) RF regulations, or something equivalent to "possesion of burglary tools", or something more ominous, considering the free speech aspects of computers?
Anyone know? ("Know", not speculate.)
-- Alastair
So what's the difference between modding a PS2 and modding a car?
If I pulled the engine from my Ford Ranger and replaced it with a Chevy 350, aren't I likewise depriving Ford Motor Company of future engine part sales? This is setting a bad precident.
It cost me $400 just to get a lawyer to make a phone call to the cops and plea bargain away a traffic ticket (a nasty one that would have gotten my driver's license revoked, so it was worth it).
Unless he had a public defender, I'd say he ate up the rest of that money just on legal fees.
Although, I am not a Canadian, so maybe their legal system works differently.
Jon Acheson
All opinions expressed herein are my own, and not those of my employers, who are appalled.