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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.
I'm scratching my head. What law was broken here? The article doesn't say very much. Something about "copyright laws", which is far from conclusive.
This guy was selling a line of 413 pirated games and didn't know what he was doing was illegal? It sounds like he deserves what he got.
Looks like I'll be picking up a new hobby...
The article states that he was selling pirated games alongside the mod chips. Maybe the charge of copyright infringement related to the illegal video games being sold (as Sony did not design the mod chips, it is unclear of whose copyright he would be violating).
ByteMyCode.com: A Web 2.0 code sharing community.
It sounds like he was also selling pirated games. I wonder if they would ever have cracked down on him if all he had done was sell and install mod chips. The article seems to downplay the fact that he was selling pirated games as well.
Even though I think selling mod chips shouldn't be illegal, I don't have sympathy for people who are selling pirated software!
[ ] Bad
[ ] Good
[ ] CowboyNeal
sulli
RTFJ.
If you read the article, he was also selling a line of 417 different *pirated games*.
If he didnt know *that* was illegal, he's full of it.
No, but putting a chip in a PS2 to play Japanese games isn't morally questionable, but just as illegal.
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?
(emphasis mine)
Garby sold the chips from his computer store, Kustum Komputers
That in itself should get him life in prison with no chance of parole.
Trolling is a art,
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?
allow playing games that have been copied to CDR.
It's legitimate use is that it allows playign games from Japan.
FYI, the PS and PS2 also have region encoding similar to DVDs. Japanese games can't be played on American consoles, and (I believe) vice-versa. The mod chip prevents the system from recognizing that its not a legitimate disc (by replying to all queries as 'yes, this is legal')
Just as DeCSS is primarily used for watching other-regon dvds, but has a side effect of getting unencrypted content, the mod chip allows playing other-region games, and has a side effect of allowing games on CDR also.
Chances are that's why he got arrested. In the US, he could probably (also?) be arrested under the DMCA.
I'm not taking any sides, just stating facts...
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
He wasn't just selling mod chips, he was also selling pirated games. Not sure if they would have just busted him for the mod chips or not though.
Xaotik Designs
Here's a scenario. You bought a rad new PS2 game, you want to make sure that if it gets scratched, eaten, etc. . . you can still play your game, so you burn a copy, and use the mod chip to play the game. You paid for the game once, right? What's wrong with that.
If you ask me, aside from the selling pirated games, this guy had a case.
--What, you ain't know about them country fried sessions?
Ignorance of the law is no defense.
That said, I'm interested to find out which part of the Criminal Code specifically makes installing mod chips, and presumably other circumvention devices, a felony offense. It sounds rather DMCA-like. I wonder if Parliament passed something DMCA-like with almost no fanfare. The article makes it sound like the mod chip conviction is the important one for being the first of its kind.
Someday, you're going to die. Get over it.
He was convicted of selling 413 pirated video games and Playstation mod-chips.
How do I know this? Well, first, I read the article; second, I know that there aren't 413 GAMES available for the Playstation 2!
Also, the PS/2 is a computer from IBM, and does not require mod chips to play pirated games. Sony doesn't call their Playstation 2 the PS/2, perhaps because they don't want to get sued. Does slashdot want to get sued? Well, it'd be nice to have some penalties for irresponsible journalism...
Finally, considering the facts of the case, it is disingenuous for the writers of this article to call it a conviction for selling mod-chips, since that wasn't all it was.
In conclusion, all you journalists are lazy, illiterate, and incompetent. If you don't agree with me, prove me wrong by writing something accurate, intelligent, or interesting.
pb Reply or e-mail; don't vaguely moderate.
>>selling mod chips shouldn't be illegal?!?!
>Do you also have a hacked cable box? It is theft of service.
You miss the point so badly:
If you OWN something, it's YOURS. Not only do you NOT have the right to take away people's freedom, but you also have no right to even KNOW what people do with their property.
I'll give you a quick lesson in right & wrong:
RIGHT: You decide to paint your car YOU OWN, a color other than what it was manufactured.
WRONG: You LEASE (or steal) a car, and repaint it without the owner's permission.
INAL, but as far as I'm aware, Mod chipping is a grey area of legality. Is it not illegal to sell or own the chips, however it is illegal to sell the PS/2 with one pre-installed, as that comes under the heading of selling Sony's product with unauthorized modifications.
What the customer dies with the unit *after* he pays for it is totally up to the customer...as long as the customer accepts the fact that it will not be covered under warranty.
It is a grey area because the ModChips can be used for legitimate uses as well as illegal ones...Much the same way that a CD-RW can be used for legit back-up and archival purposes as well as for pirating software.
This guy hasn't a leg to stand on as he sold Sony Product with unauthorized modifications as well as selling pirated software.
Phoenix
BTW: Before I get flamed/trolled, a legit use of a mod chip would be to have a working copy of a game that can get scratched and/or broken while the original is sitting in a nice shelf somewhere safe.
-- Wiccan Army, 13th Airborne Division "We will not fly silently into the night"
If everyone is expected to know all the laws and what they mean, then why are there so many lawyers? Our law systems are so confusing and complex that we have to hire special people to interpret and find laws that will help defend us and prosecute others. So it's not suprising that someone might not know there's a new law saying something is illegal.
Outdoor digital photography, mostly in New Engl
If you OWN something, it's YOURS. Not only do you NOT have the right to take away people's freedom, but you also have no right to even KNOW what people do with their property.
Not that I disagree with your point at all, indeed I heartily agree. But try telling that to the BATF if, for example, you make a minor mechanical modification to a legally owned semi-automatic rifle that converts it to fully-automatic (ie a machine gun), or cut the barrel of your legally owned shotgun down to less than 18 inches.
If you thought DMCA enforcement was tough...
-- Alastair
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
In general this wouldn't be necessary because journals have an obligation to present the facts and correct themselves as needed. Slashdot rarely reflects these practices, however, and many other online equivalents of pen-and-paper journals are sorely lacking in their journalism.
However, people and organizations can still be sued for slander and libel, even under the First Amendment. I think that organizations that purport to report the News have an obligation to report the facts accurately, and should be held to a higher standard than are individuals.
I'm arguing that the headline is negligent and misleading, and should be corrected. Every minute that goes by when it isn't misleads and confuses another person who might have expected news or accurate reporting. Many people have come to expect this sort of inaccurate reporting from slashdot, but that doesn't excuse it.
Perhaps they could have an "editor" on duty whose job it is to "edit"?
pb Reply or e-mail; don't vaguely moderate.
Agreed. The subject title is deceptive.
It's like saying Timothy McVeigh was given the death penalty for failing to return his rental truck in time... and other associated offienses.
Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
Actually, since this story is Canadian, the One True Doughnut would have to be from Tim Horton's.
~Idarubicin
fully automatic weapons and sawed off shotguns are illegal in their own right. Firearms, while legal, are regulated. Playstations are not, and are not illegal. The same argument applies to making illegal drugs, or perscription drugs without a license, or bombs. The final product is illegal. But unless it would be illegal for Sony to sell multi-region PS2s, it shouldn't be illegal for me to make one. Now, if I use that to steal games, that is another story entirely.
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.
Just out of curiousity, what is the distinction between selling mod'd PS/2 systems and selling, say, mod'd Nestle Chocolate Chips? If I combine Nestle Chocolate Chips with flour, sugar, butter etc to make cookies is Nestle going to come after me? Or is it ok because I'm selling them as cookies and not Nestle Chocolate Chips(tm)?
PS/2. Nestle. They're both just chips.
Playstations are not [regulated]
Oh, but indeed they are. The FCC has a whole set of regulations covering consumer electronic devices and their possible RF emissions. You better believe that Sony has to file some serious paperwork with the FCC to get permission to sell the things. (Also with Underwriters Labs and the CSA regarding shock and fire hazards, but that's more of an insurance thing.)
Although I still believe you should be allowed to do whatever the hell you want to with your own property, so long as it doesn't actually (vs hypothetically) endanger others or trample on their rights.
-- Alastair
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.
> Your program is linking against Sony's code (the PS1's firmware). According to the FSF, this requires Sony's permission - at least, they say linking against other code requires that code's author's permission. (That's how the GPL bans non-GPL code calling GPLed libraries, unlike the LGPL...)
That's not right. The FSF says that distributing a combined work consisting of copyrighted code plus your code requires the permission of the copyright owner.
But there is no distribution of a combined work when you run your own software on a modded PS1.
Anyway, we already know that the copyright violation in this case was selling pirated games.
Doug Moen.
I have written a truly remarkable program which this sig is too small to contain.
First off, well spoken. You answered in a very organized and cool fashion. That's unusual here, when stuff like this comes up. That said, there are a few points that I want to respond to:
> Personally, I find such licensing schemes to be morally reprehensible.
As do I. Would that the courts agreed.
> In the U.S., the right to reverse engineer is legally sanctioned and assured.
Chipping a P/S2 is not reverse engineering, it's modifying. Take note that the law addresses these things separately (that's why the two terms are separated in most EULAs).
> The property management company broke the law by failing to repair air conditioning in the apartment in a timely fashion (AC is considered an essential service in Arizona by law), and although they had a clause in the lease agreement that "excused" the company from liability if they were unable to perform a repair in a timely fashion, the law took precedence over the contract, and I was vindicated.
This isn't exactly the same, since (despite what many of my friends say) the P/S2 isn't usually considered an "essential service". Also, there are no laws currently in place that specifically allow hardware modifications to the P/S2, so it's not the same as signing a contract that takes away rights explicitly granted, which is what happened with your lease.
> If I buy a piece of hardware in the United States, I can do whatever I want to it...
Well, here's where it turns grey. It's easy to say that, but not so easy to defend it in court. For example, this guy got fined for selling the mod chips themselves and installing them in customers' machines. In this case, he didn't buy the hardware, so where does the line fall? If you modify your own machine, it's fairly easy to claim fair use. This becomes much harder when people are paying you to break contract for them.
> All the more reason for me to enjoy being a U.S. citizen (until such time as the laws here are modified by corporate interests).
They're gonna pull your Slashdot account. Have you not heard of the DMCA? It applies to hardware as well as software.
Virg