http://www.fappin.com/news/news_small.asp?Number=853920 July 2004, London In a High Court action yesterday, Sony Computer Entertainment Europe (SCEE) won a comprehensive victory against "chipping" of PlayStation2 games consoles.
PlayStation 2 games consoles incorporate copy protection and technical protection measures to ensure that the consoles will only play genuine PAL games and not pirated or imported games.
The judge, Mr Justice Laddie, ruled that the defendant, Mr David Ball, had behaved unlawfully by selling 1,500 Messiah 2 modification chips ("mod chips") to customers in the UK. The mod chips which Mr Ball had sold had circumvented the copy protection measures on the PlayStation 2 console and allowed pirated copies of PlayStation 2 games, unauthorised copies of PlayStation 2 software (backups) and unlicensed Japanese and American PlayStation 2 software to be played.
The presiding judge then went further and confirmed that using such devices, knowing that they allow you bypass the PlayStation 2 console's technical protection measures to play pirated or copied games, is unlawful. He also concluded that advertising such devices and possessing them for a commercial purpose was also illegal.
The case is significant, in that it was the first to be brought in the UK under the law relating to circumvention of copy protection and technical protection measures, following the UK's implementation of the EU Copyright Directive in October 2003. This new implementation of the Copyright Directive makes selling or installation of devices that circumvent technical protection devices a criminal offence, and the successful outcome of this case will give prosecutors across the European Union additional confidence to proceed.
Commenting on the success of the court action, David Reeves, President of Sony Computer Entertainment Europe said, "This case, together with the recent successful criminal case against chippers in Belgium, confirms in the clearest possible terms that Sony Computer Entertainment Europe has the right to prevent the illegal infringement of our intellectual property rights, and those of third party games developers. We are sending a clear message to manufacturers and distributors of mod chips throughout the PAL territories that we will continue to pursue legal action against them".
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