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October 6, 2005 10:23 AM PDT

Australian high court: PS2 chip mod OK

  • 2 comments
In a decision that could have far-reaching consequences for Sony, the High Court of Australia ruled it is legal to install modification chips in a PlayStation 2 that allow the console to play imported or copied games.

PlayStation game CDs come with a special access code that can be read only by the unit's read-only memory. This meant games bought from overseas or copied games couldn't be played on factory-equipped PS2s. But installing a modification chip circumvented the security measure, allowing gamers to play games from overseas or copied titles.

The High Court today upheld an appeal by Sydney retailer Eddy Stevens, who has been involved in a four-year legal battle against Sony Computer Entertainment. Stevens was found in 2001 to have sold unauthorized copies of the games "Croc 2," "MediEvil," "Motor Races World Tour" and "Porsche 2002," and to have sold modification chips, known as mod chips, to PS2 owners and installed them for customers.

Sony argued that the mod chips were a breach of copyright under Australian law. But the Federal Court ruled in favor of Stevens in a 2002 decision, which found that mod chips were not in breach of copyright because they did not circumvent measures Sony had put in place to prevent illegal copying of their games. Simply put, while mod chips could allow you to play copied games or overseas titles, they did not actually make the copying of PS2 games possible.

Sony appealed to the full bench of the Federal Court, which found in its favor. Stevens then appealed to the High Court of Australia, whose decision Thursday landed firmly in Stevens' favor.

See more CNET content tagged:
Sony PlayStation 2, favor, Australia, Sony Corp., Sony Playstation

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difficult rulling
by October 10, 2005 9:26 AM PDT
While I do agree with the ruling on the mod chips. I do not believe that they in them self are a violation of any copyright. I view these chips the same as "No CD or Modified EXE's" for a PC. The No cd's and the mod chips allow consumers to make a legal backup of their game cd's. I can see how the game companies are against this idea, as they would rather you replace a game by buying from them AGAIN.

In saying this, I don't see nothing wrong with playing on cracked software\games at all as long as you dont sell them.Most games I play or online and cracked games are useless to this end. See, I grew up in the early 80's and it wasnt uncommon to get a friend or family member to dub a copy of a cassette or VHS tape for you. This is no different than watching a dvd copy of a movie or playing a copy of a game.. neither of which you own the original.

I do believe that this store owner should be held accountable for the selling of the copies of games that he did. This,in my view is a clear form of Piracy. I see nothing wrong with downloading and/or copying games for one's own personal use, BUT selling these copies is a clear violation of international copyright laws

In closing, this was indead a difficult ruling and will definately be used as a foundation for simular cases in a court of law.

Let the dominoes start to fall is the only metaphor I can think of to discribe this case:)

Brandenburg
Reply to this comment
difficult rulling
by October 10, 2005 9:26 AM PDT
While I do agree with the ruling on the mod chips. I do not believe that they in them self are a violation of any copyright. I view these chips the same as "No CD or Modified EXE's" for a PC. The No cd's and the mod chips allow consumers to make a legal backup of their game cd's. I can see how the game companies are against this idea, as they would rather you replace a game by buying from them AGAIN.

In saying this, I don't see nothing wrong with playing on cracked software\games at all as long as you dont sell them.Most games I play or online and cracked games are useless to this end. See, I grew up in the early 80's and it wasnt uncommon to get a friend or family member to dub a copy of a cassette or VHS tape for you. This is no different than watching a dvd copy of a movie or playing a copy of a game.. neither of which you own the original.

I do believe that this store owner should be held accountable for the selling of the copies of games that he did. This,in my view is a clear form of Piracy. I see nothing wrong with downloading and/or copying games for one's own personal use, BUT selling these copies is a clear violation of international copyright laws

In closing, this was indead a difficult ruling and will definately be used as a foundation for simular cases in a court of law.

Let the dominoes start to fall is the only metaphor I can think of to discribe this case:)

Brandenburg
Reply to this comment

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