Sony loses PlayStation chipping case

Discussion in 'NZ Computing' started by Lawrence D'Oliveiro, Oct 6, 2005.

  1. After a long court battle, Sony has finally lost its suit against a retailer
    selling PlayStation mod chips in Australia
    <http://news.bbc.co.uk/2/hi/technology/4315172.stm>:

    After a series of conflicting judgements from different courts,
    the High Court has come down on the side of Mr Stevens.

    It ruled that mod chips do not breach copyright. It decided that
    while the chips let gamers play copied or imported games, they do
    not enable the copying of games.

    "There is no copyright reason why the purchaser should not be
    entitled to copy the CD-Rom and modify the console in such a way
    as to enjoy his or her lawfully acquired property without inhibition,"
    said the court ruling.

    "Sony sought to impose restrictions on the ordinary rights of owners,
    respectively of the CD-Roms and consoles, beyond those relevant to
    any copyright infringements."

    "In effect, and apparently intentionally, those restrictions reduce
    global market competition," said the judgement

    The article says that the mod chips are banned in the UK and "other
    countries". What about NZ--are they legal here?
    Lawrence D'Oliveiro, Oct 6, 2005
    #1
    1. Advertising

  2. Lawrence D'Oliveiro

    Evil Bastard Guest

    Lawrence D'Oliveiro wrote:
    > After a long court battle, Sony has finally lost its suit against a retailer
    > selling PlayStation mod chips in Australia


    Wonderful result, and a crucial precedent.

    If the 'right to tinker' had been extinguished in the kind of result
    Sony wanted, it would be possible for manufacturers across all
    industries to impose restrictions.

    Imagine, for example, if it were illegal to service your own car, or
    hire a mechanic other than the car manufacturer's 'authorised service
    agents' to service it for you.

    Or worse - imagine buying the nth generation of a Dell computer, to find
    that the motherboard has a chip which forbids (at bios level) the
    installation of a non-M$ operating system, or that your wonderful new
    colour laser printer won't work with any non-M$ OS (or any OS which
    doesn't possess M$-issued certificates). The only way around that would
    be a modchip.

    > The article says that the mod chips are banned in the UK and "other
    > countries". What about NZ--are they legal here?


    I don't believe it's yet been tested in NZ - from what I hear, modchips
    are a thriving industry here, and Sony has yet to react. If they do
    react, here's hoping the Aus ruling will hold sway.

    It might also interest the Clark government - weren't they passing some
    kind of 'fair use' legislation expressly permitting personal-use copying
    and format shifting of CDs?

    --
    Cheers
    EB

    --

    One who is not a conservative by age 20 has no brain.
    One who is not a liberal by age 40 has no heart.
    Evil Bastard, Oct 7, 2005
    #2
    1. Advertising

  3. Lawrence D'Oliveiro

    thingy Guest

    Lawrence D'Oliveiro wrote:
    > After a long court battle, Sony has finally lost its suit against a retailer
    > selling PlayStation mod chips in Australia
    > <http://news.bbc.co.uk/2/hi/technology/4315172.stm>:
    >
    > After a series of conflicting judgements from different courts,
    > the High Court has come down on the side of Mr Stevens.
    >
    > It ruled that mod chips do not breach copyright. It decided that
    > while the chips let gamers play copied or imported games, they do
    > not enable the copying of games.
    >
    > "There is no copyright reason why the purchaser should not be
    > entitled to copy the CD-Rom and modify the console in such a way
    > as to enjoy his or her lawfully acquired property without inhibition,"
    > said the court ruling.
    >
    > "Sony sought to impose restrictions on the ordinary rights of owners,
    > respectively of the CD-Roms and consoles, beyond those relevant to
    > any copyright infringements."
    >
    > "In effect, and apparently intentionally, those restrictions reduce
    > global market competition," said the judgement
    >
    > The article says that the mod chips are banned in the UK and "other
    > countries". What about NZ--are they legal here?



    I assume it would take a piece of case law. What is interesting is the
    OZ courts kicked Sony out, yet OZ is supposed to follow American
    IP......so I wonder how long it will be before Sony tries again via a
    different avenue.

    Apart from that I liked the judgement it allows fair use, you can modify
    your car, or anything else once purchased, having Sony stopping you is
    plain silly IMHO, Im glad at least one court has been so enlightened.

    regards

    Thing
    thingy, Oct 8, 2005
    #3
  4. Lawrence D'Oliveiro

    thingy Guest

    Evil Bastard wrote:
    > Lawrence D'Oliveiro wrote:
    >
    >>After a long court battle, Sony has finally lost its suit against a retailer
    >>selling PlayStation mod chips in Australia

    >
    >
    > Wonderful result, and a crucial precedent.
    >
    > If the 'right to tinker' had been extinguished in the kind of result
    > Sony wanted, it would be possible for manufacturers across all
    > industries to impose restrictions.
    >
    > Imagine, for example, if it were illegal to service your own car, or
    > hire a mechanic other than the car manufacturer's 'authorised service
    > agents' to service it for you.


    This was tried I believe eg connections to the on-board computer via
    "proprietry" patented connector, not publishing the electrical and
    communications interface for the CPU, or a service warning light on BMWs
    that could only be reset after a "genuine" BMW service. Voiding
    warantees after a "non-approved" garage fitted a non-genuine oil filter,
    I think they all lost to court actions. Sometimes I like the US legal
    system, you can sue stupid manufacturers at the drop of a hat and win,
    sometimes the USA system is good for the small guy.

    > Or worse - imagine buying the nth generation of a Dell computer, to find
    > that the motherboard has a chip which forbids (at bios level) the
    > installation of a non-M$ operating system, or that your wonderful new
    > colour laser printer won't work with any non-M$ OS (or any OS which
    > doesn't possess M$-issued certificates). The only way around that would
    > be a modchip.
    >
    >
    >>The article says that the mod chips are banned in the UK and "other
    >>countries". What about NZ--are they legal here?

    >
    >
    > I don't believe it's yet been tested in NZ - from what I hear, modchips
    > are a thriving industry here, and Sony has yet to react. If they do
    > react, here's hoping the Aus ruling will hold sway.


    Being local to us I would hope it has more weight than anywhere else,
    plus the NZ justice system is keen to be seen as seperate to its roots
    of the UK one, so even the NZ supreme court if it were to go that far
    might take the OZ ruling one as the most appropriate for NZ.

    > It might also interest the Clark government - weren't they passing some
    > kind of 'fair use' legislation expressly permitting personal-use copying
    > and format shifting of CDs?


    There has been talk, but did it happen? While in the USA there is a fair
    use doctrine that allows backups and transferring a song/item from one
    media to another, no such action is allowed in NZ.

    I talked to a lawyer on just such a thing a while back and he was trying
    to negoitiate from a company side (a sony lawyer or some such) in
    allowing NZ to extend to the USA "fair use" but having a % added to
    blank CDs to cover this. He thought it was fair as no one used CDs for
    anything but "illegal copying" in the main. I pointed out to him that
    that means free OSS users like myself (and businesses) who download ISOS
    and use CDRs as backup media would legit and would be penalised and it
    would be out of step with the USA, he grinned and let it be.....me trust
    suits....never.....

    regards

    thing
    thingy, Oct 8, 2005
    #4
    1. Advertising

Want to reply to this thread or ask your own question?

It takes just 2 minutes to sign up (and it's free!). Just click the sign up button to choose a username and then you can ask your own questions on the forum.
Similar Threads
  1. TSR
    Replies:
    1
    Views:
    2,318
    BYRON COWLING
    Oct 7, 2004
  2. Air Raid

    Could the Playstation 3 Kill Sony?

    Air Raid, Feb 10, 2006, in forum: DVD Video
    Replies:
    0
    Views:
    950
    Air Raid
    Feb 10, 2006
  3. JohnG
    Replies:
    0
    Views:
    356
    JohnG
    Jan 20, 2005
  4. steve
    Replies:
    5
    Views:
    479
    ~misfit~
    Sep 25, 2004
  5. Lawrence D'Oliveiro

    Apple Loses Patent Case

    Lawrence D'Oliveiro, Oct 5, 2010, in forum: NZ Computing
    Replies:
    0
    Views:
    372
    Lawrence D'Oliveiro
    Oct 5, 2010
Loading...

Share This Page