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PS2 Mod Chips Legal In Australia
Buccaneer-American writes "Over here on Groklaw, PJ is reporting that PS2 mod chips are now legal in Australia. The highest Australian court decided in Stevens v. Sony to overturn a lower court ruling that PS2 mod chips were 'technological protection measures' which would run afoul of the Australian DMCA-equivalent. Because they do not protect copyrights per se, but are rather region coding devices, they were ruled to be regional coding devices. In short, we have Sony to thank for being a loser yet again and establishing some of our rights in case law, albeit sometimes inadvertantly." The High Court's decision is online, with some legal commentary from the Australian court. More coverage of this story available at The Age and SMH.
And why, exactly, is region coding something that should be protected? *insert "buy a book in New York, read it in Paris, sell it in London" arguement here*
Perhaps Sony missed a payment?
Steve's Computer Service, Hobbs, NM
While this is a pleasing decision, as an Australian I am still appalled by the lack of even fair use rights in our copyright laws. It's technically illegal to backup our CDs or tape shows off of TV. It's absolutely ridiculous.
Video games down - next step, region-encoded dvd's? If only...
Australia led the way instead of being the global village idiot. I wonder what effect (if any) this will have on xbox-linux etc.
Actually, in Australia, region-coded DVDs have already gone. That's the precedent that was used in this argument. Multiregion DVD players are definitely legit in Australia.
Real Daleks don't climb stairs - they level the building.
Regional lockouts and restrictions always struck me as a potentially risky idea for the companies precisely because there is quite a reasonable argument that they prevent people from doing perfectly legal acts. Therefore circumventing them shouldn't be a crime. It's nice to see the Australian court more or less agreeing with me.
I wonder if this may make them reconsider regional lockouts for the next version of their console. Piracy must cost them a lot more than grey imports. At least the grey imports count as a sale, and it's a lot more hassle to get hole of them than copying a disc from a friend.
Two separate issues:
Region Coding has to do with price discrimination, i.e. the desire of the media companies to charge different prices in different countries depending on what people will pay by preventing you from buying a DVD in Africa, and reselling it in the US. It is a techonology that they apply for economic reasons, and has nothing to do with the consumer. It is perfectly legal to buy a DVD that will ignore the coding (though they are much more expensive than regular ones). Computer programs that play DVDs ignore this coding too.
Making personal copies (warning: link discusses the copyright regime of the USA) has to do with copyright law. It's not about giving your copy to someone else, but about creating more copies. Just because you're allowed to modify your PS2 (for example, to play games bought in other regions) doesn't mean you are allowed to freely copy the games without paying for them.
Here down under, region free DVD players are quite legal AFAIK. The Australian Competition and Consumer Commission (ACCC) has stated previously that region codings are anti-competitive and should be banned.
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CINC, 4th Penguin Legion
... person with a legitimate reason to own a modchip? I am Australian and I bought my PS2 in Australia. I've never owned pirated games or DVDs. This year I moved to Finland and if I want to buy new PS2 games I would have to get a friend in Australia to send them (it's not easy to get online companies to deliver region specific things internationally). Also, I can't watch DVDs I buy here on my PS2. I'm pretty sure I didn't break any laws by moving to Finland, Why am I being punished?
Except that it's from the Australian Competition and Consumer Commission, the watchdog responsible for matters that are our equivalent to that of 'antitrust'.
Jeremy
Melbourne, Australia
Jabber Australia
Lets face the facts here. People who buy mod chips do so to pirate games and to play pirated games. It's a reality that no slashbot could deny. How many people do you know mod a system to play "homebrew" games or do something that doesn't involve piracy? You can argue mod chips are in of itself legitimate, but almost nobody uses them for legitimate purposes.
Utter crap. I had my PS2 chipped so I didn't have to see that fricking "This disc cannot be played due to regional restrictions" message on my screen. After shelling out good legal tender for a DVD.
:wq
It's sony's fault for integrating region enforcement into the same chip that also prevents burned copies of games from playing.
This is a case where it's very important to at least read the press release, since the posting is somewhat misleading. This ruling and the jurisprudence it represents are fundamentally different from US court's views.
To start with, it's important to note that the guy was mainly selling illegally copied games, and was selling the modchips together with them so that these games would play. Thus the appeal was about whether the sale of the modchips was legal, even though they were sold to allow pirated games to play on the system.
Next, the brunt of the ruling is that while the act of copying the games was illegal, the modchips have no effect on that. The modchips only affect the loading of games to the console memory. And now comes the important bit:
Note that in the US, running a program is thought to include an act of copying it from storage to RAM, and hence fall under the purview of copyright law.Now, companies are allowed to use technology to restrict the loading of programs (this is about price discrimination), but you are allowed to modify a device you own, so modchips are legal even though they allow you to play copied games, indirectly helping you violate copyrights.
Lets face the facts here. People who buy mod chips do so to pirate games and to play pirated games. It's a reality that no slashbot could deny. How many people do you know mod a system to play "homebrew" games or do something that doesn't involve piracy? You can argue mod chips are in of itself legitimate, but almost nobody uses them for legitimate purposes.
Wrong. One of the worst things about modern consoles is the fact that the medium used for distributing the games is DVDs. DVDs are slow compared to hard drives, so one solution popular among PS2 people is to copy images of their games to a large-capacity hard drive and boot a game loader directly off their memory card that will then load the games from the HD instead of from an optical disc. This is as fair as fair-use gets, and it requires a modchip.