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Australia-U.S. Trade Agreement Takes First Strike
inflex writes "With the recent AU-US Federal trade ageement coming into force, the first signs of what is to come have started appearing with Sony unleashing a legal bid to clamp down on previously legal mods chips in Australia."
Well, what did you expect? To come and spread the chips themselves?
Modchips are supposed to make PS2s play homebrew software, demos and applications. Like what? The PS2Reality player, whos development was stopped when it managed to play about 60-70% of movies, at low quality and stuttering framerate? That's the best known app requiring a Modchip, and it's not any more developed.
SONY, and all of us, know that modchips are used, as far as PS2 goes, in 99,9% of the cases for piracy. Although, yeah, I've got a modded console -for obvious reasons- we shouldn't hide behind our finger.
they'd have encapsulated the board, chips and all, with an epoxy resin coating as part of the assembly process and then assembled the case so that it breaks when disassembled (ie one way clips) instead of using screws.
Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
Whether that's what happens in real life, who knows? But it's easy to see why they might be afraid of it happening.
Sure they can, just as easy as pattenting stuff the whole world knows how to produce, let you conform to licenses before you're able to read them, invade countries because 'someones says they have weapons' and be very supprised that not everybody think you're right...
It's an imperfect world, with the US leading the way. (being lead by major corporations themselves)
The basic principle of capitalism is making sure you have more money then the others. When this can't be achieved by creating superior goods, buy the competition, change laws so your idea of how it should be is legal,...
I don't say that communism is perfect eather. The idea is great (just look at the Star Trek series, some believe that's a perfect future, even tho it's communistic of nature), but it has one flaw... humans
Oh wait, this is going political... forget it. I have enough cash, so yo capitalism. (with a bit less cash, yo socialism, with no cash, yo communism)
Ah well, that's the world, live in it or get out... Nah... the latter is to messy
... Wenn ist das Nunstruck git und Slotermeyer? Ja!... Beiherhund das Oder die Flipperwaldt gersput!
"I don't know how me importing games is bad for Sony."
Sony is worried about piracy, not you importing games. I don't see how mod-chips can be considered "technology," as you state it to be. I would call it something more along the lines of "circumvention." Don't demonize Sony for trying to prevent piracy on their console simply because their efforts hinder your ability to import games. It's unfortunate that those who import games are left out in the cold, but that's how it is. Write Sony a letter.
Sure, Sony makes a lot of money. Sure, Sony spent a lot of money developing their console. Sure, a lot of developers spent a lot of money creating games for Sony's console. Do you think Sony's attempt at preventing their "clients" games from getting juarezed is a bad thing? A terrible thing?
This is horse arse...
Isn't Sony a japanese company? Why would they be able to "reap benefits" from the US-Aussie FTA?
Online backup with Mozy, sounds like Ozzie, but more!
Funny how this mutual trade agreement doesn't make those mod chips legal in the U.S too, isn't it?
I'm an American. I love this country and the freedoms that we used to have.
> "When this can't be achieved by creating superior goods, buy the competition, change laws so your idea of how it should be is legal,..."
> --So, capitalism leads to corporations buying the laws and making the system no longer capitalistic in nature?
No... capitalistic systems tend to make the democratic system corrupt.
> You are melding capitalism and democracy into one big generalization. What I think would be great is if there was an establishment clause for businesses rather than just for religions.
Maybe it's just better to keep the business out of the political scene. It doesn't sound right to me when big corporations 'support' politicians and very shortly after election laws are passed to support the needs of the coporations, instead of supporting the masses.
Why should modchips be illegal? To illegelize the use of copied software (which already is illegal), or protect the companies who are stupid enough to sell the console for les sthen the production costs? If someone finds a perfectly legal function for the use of the console (PS2/Xbox/...) without having to buy the software, why shouldn't that person be able to add a modchip to it.
He's still not allowed to copy the software, as it's copyright infringement.
If this law is to prevent people to use the consoles for something usefull, with the producer losing some cash over it... simply make the console more expencive and make the games cheaper. Solve the problem, if there is any, instead of passing laws that don't make sense.
Before you know it you're not allowed to play games on your telephone, just because it's made to make phonecalls, or something stupid like that.
If I buy stuff, I want to be able to choose what to do with it, even if this means adding a chip to it to make it more usefull to me then it was. If I use that chip to do illegal stuff with it, make the usage illegal, not the chip.
Eighter that or make guns illegal too, as you can kill people with them, cars because you can speed,... Don't illegelize the product, illigelize the illegal actions.
> Corporate welfare is pretty ingrained in our heads as being ok at this point though.
Yeah, but this law is protecting the companies from their own stupidity. Not to solve problems of illegal copying games.
... Wenn ist das Nunstruck git und Slotermeyer? Ja!... Beiherhund das Oder die Flipperwaldt gersput!
Sony won't win, because it was NOT a copyright decision. Zoning IS an artificial trade barrier, and the Federal Trade Practices ACT trumps all acts of illegal and collusive agreements, or price fixing. Sony only lost, because it did not apply to be exempted - something they can fix without a court case.
If Sony wants, it can apply for an excemption anytime. They would get it too - IF they could prove consumers are not being done over. All they gotta do is replace defective discs, and ensure prices in Australia are equal lowest, and that ALL titles are available, oh and pay out people with other zone sets.
On piracy, the court conviced the man. So by appealing, maybe the TPC can fine the appellant something appropriate for a vexatious action.
In the UK it's actually illegal to sell an item which could be used to breach copywrite, sony have used this to stop mod chips in the UK. Next the printing press and the pencil will be banned as these could clearly brech copywrite.
Offices in the US and US patten/copyrights make it in thier best interest and include them in US law.
One of the key things about this us-au trade agreement was that It sort of imposed US lawe on AU. This might make it possible for any company from anywere else in the world claim assests being sold in AU fall under these laws even if they do not have any presence in the US. This hole ordeal kind of skips the process of AU making the laws and almost importing all of americas.
I was personally questioned by the french police and my flat was raided 10 years ago when Nintendo France made a lawsuit for the SNES/SFC game copy machines (the nice thing that plugged in the cartridge port and had ram and a floppy drive). So the police searched my flat while I was away, seized around 5 copy machines, about 50 games on floppies, my 2 computers and all they thought was of interest, besides that they emptied the trash in the bathtub and let it like that, it was nice when I came back home from holidays 2 weeks after that... So I had to go to Paris to talk to the police and explain myself, of course I was importing the copy machines from Hong Kong and selling them in France, the only problem for the police was that I was doing this in an "open" way, sending the goos by FEDEX "game copy machine" written on the customs decalaration and paying the customs and VAT tax. First they told me I was questioned for "importation of material being used for illegal copying" but when I showed them the customs paper they changed this to "selling of pirated games" arguing that I HAD to give games when I was selling a unit, at the time we had a pre internet way of coimmunicating in France called minitel, basically a chat BBS with incredible speed (1200/75) and so they had minitel logs of my conversations with buyers, but since I NEVER sold games after 2 hours they had to let me go, give me ALL my stuff back and pay for the damages they had caused in my flat... Bottom line is that since the modchip or device can be used for private copying and so on, it's going to be VERY difficult to put someone who's not selling pirated games in jail, at least in France, and even with the P2P hype, the judges are starting to realise that and the situation is MUCH more calm than it was 6 months ago... Now how is the law and the judges in an hysteric environment such as Fox news-USA and Murdoch land is another question...
However, Justice Ronald Sackville ruled in favour of Mr Stevens after the Australian Competition and Consumer Commission intervened in the case.
The competition watchdog argued that Sony was using the copy control mechanism to erect artificial trade barriers between Australian consumers and overseas games and DVD markets.
And the new 'free trade' agreement overrides Australia's Consumer Commission to make these devices illegal.
Though this is off the specific topic, try singing Advance Australia Fair to the following songs:
Gilligans Island
Auld Lang Syne
Waltzing Matilda
Working Class Man (look for the Adam Hills routine)
The Darth Vadar Theme (think about it)
Vincent
ACDC's ThunderStruck. Funnily enough if you put in "Aussie" instead of "Thunder" and "Australia" instead of "Thunderstruck" it goes quite well.
a million others that are either less funny or I can't remember them.
Its got such a generic tune that it can be sung to pretty much half of the traditional songs.
I just wanted to make a few of things clear for the rest of you just in case you think this kind of thing is too bad to be true:
After all that, US interests are still trying to rewrite the rules so they can dictate our pharmaceutical prices, still trying to enforce MS-only policy in our bureacracy, and still complaining that our agricultural and mining industries are over-protected. Keep an eye on our uranium deposits, for instance...
insecurity asks the wrong question irritation gives the wrong answer
Of course, these laws pretty much mean that the downtown bar that's sewing your mouth shut as you leave to prevent you from drinking elsewhere can now sue anyone selling straws because they let you drink through your nose.
Have become part of the American Empire with the help of two very bad poieces of shit in the names of Tony "45 minutes" Blair, and Johnny boy "Keep Autralia white" Howard. I've visited both countries, and while both ARE doing well economically, it's not as if they managed to do it on their own. Their corporations look and smell like American corporations. Their media looks like it was all made in the land of the corrupt and most of their products that aren't made in china seem to come from the Empire.
This is why I like feisty little countries like New Zealand with that weird PM of theirs who doesn't hesitate to make the Emperor know what she thinks, or places like Venezuela, with a luny President who basically spends all his time insulting the US and, because he has loads of SUV food, can get away scott free.
Under the guise of CER Australia has blocked a number of NZ products from Australia.
Ice Cream - NZ Ice Cream contains to much Cream and to little air.
Meat Pies - NZ Meat Pies contain to much Meat and to little gravy
Damn us crazy Kiwis for making things that taste to good
Cheers
JoAnywhere
As an American (don't blame me -- nobody I vote for ever gets elected) I can sympathize with the Aussies. I have to buy my mod chips from Switzerland.
This is not the way to get back on top.
Just FYI.
Love,
AC
Actually, there at least were such chips for PS1 at some point in the past; I don't know if they're still available or if there's a PS2 equivalent.
Bít, zabít, jen proto, ze su liska!
...doesn't grasp that once you buy the machine, it is yours to use as a doorstop, calculator, whatever you want to do with it that doesn't involve something patently illegal. Anyone think that Mitsubishi should be able to stop people from "modding" their cars?
This would be like Apple trying to stop people from modifying their Mac to work with third party unapproved stuff... (hmmm...) Okay, bad example.
But we would see holy hell raised over this were a motherboard manufacturer to tell you that you were forbidden to do anything with it that they didn't want you to. Or Microsoft try to tell you that you were forbidden from writing any code they didn't want running on Windows. Etc.
BTW, you Aussies have my apologies for ever being exposed to what Americans call beer.
If my grammar and spelling are off, I am [distracted/tired/careless] (take your pick)
Such wonderfully circular logic! Let's just define modifying the PS2 as itself being "use", and we will rationalize a law on the basis of itself!
He obviously agrees it is illegal to use a PS2 to commit murder. His point what that his property is his property and he has the right to modify it how he likes and *not* use it to commit a crime. Mounting a PS2 on the end of a baseball bat and using it to bash someone over the head and kill them is using it to commit a crime. Simply mounting a PS2 on the end of a baseball bat (or mod-chipping it), either for a perfectly legitimate and legal purposes or for no purpose at all, is not itself using it to commit a crime.
You might as well defend an absurd law against breathing by saying that just because you have lungs and need to breath to live does not mean you can break the law. That circular logic does not give any right to pull out a gun and forcibly imprison innocent people for breathing.
His point was that he can modify his own property how he likes and not then use it to commit a crime.
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- - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.