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Games Entertainment

Sony Crushes UK PS2 Mod Chip Developers 506

SukebePanda! writes "UK mod chip developer Channel Techonology finally had their day in court with Sony, and lost big time. This judgement could have far reaching implications, with the judge implying that even playing original imports was illegal. This also wipes out any chances of seeing home brewed software on the Playstation 2 anytime soon, as well. "
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Sony Crushes UK PS2 Mod Chip Developers

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  • Huh? (Score:3, Insightful)

    by cavemanf16 ( 303184 ) on Thursday January 24, 2002 @09:18AM (#2893979) Homepage Journal
    So why is PS2 letting us fiddle with Linux based PS2's if no one is allowed to modify the normal PS2? Who is it hurting if I purchase one extra game from overseas and play it with a mod chip attached to my US PS2? Oh that's right, it makes baby DMCA cry.
    • Free trade. (Score:5, Informative)

      by Convergence ( 64135 ) on Thursday January 24, 2002 @10:12AM (#2894278) Homepage Journal
      THe whole reason for this is to prevent free trade.

      If you can partitian a market, to the level of world regions, countries, states, cities, or even individuals, then you can always charge more.

      These artificial price distinctions allow 'value based pricing', where the price paid for a good is the same as its percieved value. As there is (at least some) free trade, producers of goods cannot do that. They must sell at a uniform price, for otherwise, people will just ship the goods from where they are cheap to where they are artificially expensive. This makes economic sense, because it insures that goods will be sold closer to their marginal costs of production.

      Thats the real reason for region coding, to artificially partitian the world market so-as to sell goods for inflated prices.

      Its also the reason that manufactures don't liked used goods. Because used goods also threaten those artificially inflated prices. Because 'the new economy is different', they've managed to shut down used software.

      Every mod chip that allows goods to cross these partitians is an attack on their artificially inflated prices. And thus they at least wish for that to be illegal.
  • by yerricde ( 125198 ) on Thursday January 24, 2002 @09:19AM (#2893984) Homepage Journal

    The technical reason for the decision being based upon the fact that a game that is run without permission makes a copy of copyright material in memory, this copy is 'infringing' because it is an unauthorized copy argued Sony. Basically, this 'controversial' statement made it illegal to play games purchased from abroad.

    Nice try, but unlike United Kingdom copyright law, United States copyright law would consider this a fair use of the copyrighted work. According to 17 USC 117 [cornell.edu]:

    Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided: that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner

    This paragraph was passed specifically to reject copyright owners' "Copying the program into RAM is infringing; therefore, EULAs are binding" argument.

    • > Nice try, but unlike United Kingdom copyright law, United States copyright law would consider this a fair use of the copyrighted work.
      [...]
      > This paragraph was passed specifically to reject copyright owners' "Copying the program into RAM is infringing; therefore, EULAs are binding" argument.

      It's a bit of a bummer for those of us in the UK though. Any chance you could get the US government to get ours to agree to that too while trying to foist the DCMA on us?
      http://uk.eurorights.org/
    • Or not... bear in mind this permits the _OWNER_ of the work to do so; not a licensee. If EULAs are enforcable, this would very likely not protect licensed software.

      Of course, I can think of no reasons why individual copies of software would generally be licensed for use anyway, so what do I know?
      • While you license the software, you still own the physical manifestation of it. I.E the media and box and such. This would likely be enough to qualify you for protection under this law.
    • This paragraph was passed specifically to reject copyright owners' "Copying the program into RAM is infringing; therefore, EULAs are binding" argument.

      Not really...in fact, it was specifically worded ("owner of a particular copy") so as to not apply if a EULA was in force. The original versions did not have that "owner" language, and it was added before passage because Congress recognized that some companies want to license rather than sell software, and did not want 17 USC 117 to override license terms.

    • See this web page explaining why 17 USC 117 does not protect you in all jurisdictions [arentfox.com].

      Be careful, copyright infringement can (and has) resulted in huge damages being awarded. 60K pounds total or approx $96K US in the case mentioned in this article.

      The above web page mentions "MAI Systems Corp. v. Peak Computer", which was an incredibly bad decision which basically says 17 USC 117 only applies if the copyright owner allows it to apply (by selling rather than licensing the software). In other words, it is useless for keeping the courts from stealing your money and giving it to the plaintiff.

      Also, the fact the defendent in the Sony vs Channel Technology case lost on summary judgement is scary. What about the RIGHT TO A TRIAL? Here in the USA, we have it in the Constitution - the 7th Amendment for civil cases - but that part of the Constitution has been de facto suspended for a long time (anyone know how old "summary judgement for plaintiff" is in the US?)

  • Hmmm (Score:5, Insightful)

    by ZaMoose ( 24734 ) on Thursday January 24, 2002 @09:21AM (#2893991)
    Why can't I legally play an imported PS2 game (which I probably paid a goodly premium for) on a modded PS2? I've voided my warranty if I mod the PS2, Sony still gets their money from the original software sale, the reseller gets their money from the sale to me, and I get to try to decipher the hirigana and kanjii in a vain attempt to understand just what the heck it is I've bought. Seems like everyone gets what they want in this circumstance.

    Now, modding my PS2 to play CD-R games is a bit of a different matter. Most of the games are coming out on DVDs these days, anyways, so I don't know how big of an impact this would have.
    • by yerricde ( 125198 ) on Thursday January 24, 2002 @09:28AM (#2894042) Homepage Journal

      Sony still gets their money from the original software sale

      Sony of Japan Inc does. Sony of America Inc doesn't.

      Most of the games are coming out on DVDs these days, anyways, so I don't know how big of an impact this would have.

      Stripping away the movies helps shrink most games down to under 700 MB.

      • Sony vs. Sony (Score:5, Interesting)

        by Kjella ( 173770 ) on Thursday January 24, 2002 @09:43AM (#2894128) Homepage
        So why would you buy it in Japan? Because the game is:

        A) Not availible at all in America

        B) It won't be availible in America for ages, but you're willing to pay for the privilidge of playing it early.

        C) You happened to *be* in Japan when buying it (I got a bunch of DVDs I can't play on any Region 1 DVD player if I decide to go a year to America.

        D) The local version is a cripple (As was/is often the case with DVDs, with bad format (two sides), no extras etc.)

        E) Artifical pricing - actually very rare case to make up for shipping and customs, trouble with returns/replacements and so on.

        A) - No loss whatsoever
        B) - They could sell it to you for a premium, they just don't.
        C) - Pisses off those it concerns, for no return, I still won't buy them twice.
        D) - Pure incompetence, we need competitive protection from our other divisions.
        E) - Wow they might actually lose some money.

        Kjella
      • by Dragoness Eclectic ( 244826 ) on Thursday January 24, 2002 @09:47AM (#2894149)
        Sony of Japan Inc does. Sony of America Inc doesn't.

        So? It's NOT the business of the government or of me to guarantee any particular business a profit, or indeed that it stay in business. The producer of the original game gets the money from the sale of their product.

        Just because Sony of America would rather you give your money to them rather than to Sony of Japan rates a big "Waah-fucking-Waaah!" in my book.

        I am so sick of these dipshit corporations and anti-competitive trusts like the RIAA and MPAA who have so *little* confidence in their own products that they twist the legal system to try and force consumers to pay them "entertainment taxes". What they are doing is screaming at the top of their lungs via their actions that "OUR PRODUCTS REALLY SUCK AND WE KNOW YOU WOULDN'T BUY THEM OF YOUR OWN FREE WILL BECAUSE THEY ARE SO BAD!"

        Why else are they so afraid of honest competition?
        • by Ungrounded Lightning ( 62228 ) on Thursday January 24, 2002 @12:08PM (#2895128) Journal
          So? It's NOT the business of the government or of me to guarantee any particular business a profit, or indeed that it stay in business.

          But it IS the business of government to see that, when a person or organization has played by the government's rules and has something of value, they do not lose that value to someone who has NOT played by the government's rules.

          You may have an argument with the rules - whether they're proper, or whether they're consistent with the rest of the rules - especially those that override lower-level rules. But that argument is not with Sony, but with the government: With the legislature (for constructing the obnoxious rule), or with the courts (for not resolving the inconsistency with other rules of the same or higher precedence).
      • by FauxPasIII ( 75900 ) on Thursday January 24, 2002 @09:51AM (#2894171)
        > > Sony still gets their money from the original software sale

        > Sony of Japan Inc does. Sony of America Inc doesn't.

        If Sony of America Inc can't compete in terms of price and
        availability with Sony of Japan Inc, then they SHOULDN'T be
        getting any money. The market segmentation that digital content
        providers have put into place through region codes is quite
        illegal, at least in the U.S. It's just done in a way that
        confuses most judges to the point that it can be dismissed with
        a waving of hands by a lawyer in an expensive suit.
      • What about games that are released in Japan, but not in the US? The way I see it, if Sony US isn't willing to sell me what I want, I should be able to go to Sony Japan and get it.

        That's how it works with just about every other type of product - if one company (or branch thereof) won't sell you what you want, you go to one who will.

        With all this new crap - Region Coding, etc... we're being denied our right to choose who to buy from. They basically say "Well, we have this game, but we won't sell it to you - and we won't let you play it, even if you can get a copy of it from someone else".

        I don't agree with the piracy-enabling chips - although I'm not exactly sure how to balance that with the fact that making backups should be possible, especially for those with kids who tend to destroy the (rather costly) game discs. I do, however, think that it should be perfectly legal to use an import-enabling chip to play non-US release games.
        • ABSOLUTELY!

          I maintain that if the copyright holder is unwilling to make a copy of his information to me at a FAIR price, then he is violating the spirit of copyright laws in the US (ie "to promote useful arts and sciences") and is violating my freedoms of speech and press (copyright and patents ARE infringements upon absolute freedom of speech and press but are permitted). Therefore, I feel morally correct in doing whatever I want with the information - read, write, execute, etc.

          If I can legally buy the information it at a fair price, though, then I'm morally obligated to either buy the information or not possess the information.
    • Re:Hmmm (Score:3, Interesting)

      Why can't I legally play an imported PS2 game (which I probably paid a goodly premium for) on a modded PS2? I've voided my warranty if I mod the PS2, Sony still gets their money from the original software sale, the reseller gets their money from the sale to me, and I get to try to decipher the hirigana and kanjii in a vain attempt to understand just what the heck it is I've bought. Seems like everyone gets what they want in this circumstance.

      Because under Section 17 of the Copyright, Designs and Patents act 1988 you specifically have no intrinsic right to make a transient copy even if that transient copy is necessary for the use of the product - that is, reading the contents of a CD into memory is unauthorised copying. It is assumed that you are implicitly granted permission from the copyright holder when you purchase the product, but as of yesterday's ruling this is assumed to only apply to the country where you bought it. As a result, you are legally permitted to import a game for personal use, but copying that game into your system's memory in order to play it is illegal unless the copyright holder specifically grants you permission to do so. [hmso.gov.uk]

      This quite possibly applies to imported DVDs, too.
      • Re:Hmmm (Score:3, Insightful)

        by ZaMoose ( 24734 )
        Well slap me and call me Sally.

        "Globalization", my arse. "We want a global economy, but we don't really want you to participate in it. No, what we mean by 'Global' is that we (the companies of the world) will be free to sell our crap world-wide and determine who gets it, for how much, and just when/how they can use it."

        Hey, that's a good idea! If caught with a modchip, simply claim "I was just trying to be a good Global Citizen and do my part to support Japan's economy, as well as our own!"

        I just hope no judges here in the States get any cute ideas from this ruling.
  • DVDs and the ruling (Score:3, Interesting)

    by Master Of Ninja ( 521917 ) on Thursday January 24, 2002 @09:28AM (#2894038)
    This actually sounds quite bad for importing DVDs. It states that imported PS2 games are illegal to play in the UK. It claims this as it makes an unauthorised copy of the game in memory. I'm sure that if you really wanted this could be stretched to include DVDs (as the article says). As IANAL, I am wondering if this ruling could be taken as legal precedent? Hopefully this bit can be overturned soon.

    Another thing I'm wondering about it copying data to memory can be considered "illegal copying". If this is the case for imported games, I do not see how this would make it "not illegal" (for lack of a better phrase) to load PS2 games of your home region (as it is still copying). As "copying" is an integral function of all consoles, I'm wondering what unexpected side-effects there will be. I think the whole thing is a minefield, and the sooner we get a knowledgable expert posting here the better. The whole thing about licensing only for a certain region bothers me - I really can't see why we're not allowed to play import games (or DVDs). OK, its their technology, but still there is "fair use". Hopefully the EU can check into this as well when it's doing its investigation of the legality of DVD regions.
    • Another thing I'm wondering about it copying data to memory can be considered "illegal copying". If this is the case for imported games, I do not see how this would make it "not illegal" (for lack of a better phrase) to load PS2 games of your home region (as it is still copying).
      The key issue in the argument is whether you do it with permission or not. From the article (highlighting added):
      The technical reason for the decision being based upon the fact that a game that is run without permission makes a copy of copyright material in memory, this copy is 'infringing' because it is an unauthorized copy argued Sony.
      • So I would be able to play imported DVD's on a device that does not buffer the video stream in any way, but it would be illegal to play it on a device that uses some buffering in memory.


        Isn't it absurd that legality could depend on an internal technical detail of the device? We're not talking about persistent copies here.

  • by Lewisham ( 239493 ) on Thursday January 24, 2002 @09:28AM (#2894040)
    It's a typical judgement for the UK courts to rule to the absolute letter in cases such as this. Problem is, the judges don't appear to have a firm grasp of the implications caused by these rulings. Most law has always been one step behind technology, but the problem we have now is that tech is a truly global market.

    Marketing suits have been trying for years to stifle shopping internationally, in case people begin to realise that their countries are being screwed in comparison to others. This case affects games importing (because we aren't allowed to buy what we want say the suits) but DVDs as well (because it would absolutely *crush* the movie sector, say the suits) and anything else the marketing guys want to stifle. It's not like dealing contraband, it's off-the-shelf products.

    My worry is that this trend will continue, even though it, in some cases, directly contravenes law. Here in the UK, our car prices are drastically higher than on the continent, and certain car manufacturers make it very difficult to buy your car abroad. This is despite the face the EU trade laws explicitely say otherwise. If companies are flauting the *law*, how exactly can we stop them?
    • It's a typical judgement for the UK courts to rule to the absolute letter in cases such as this. Problem is, the judges don't appear to have a firm grasp of the implications caused by these rulings.

      I'm usually quite cynical, but sometimes UK judges do this in order to prove a point; they'll follow the law to the letter in order to say (in veiled terms) "hey, did you realise that this law, as it's presently worded, makes *this* possible. I suspect this isn't what you intended, so you might want to think about reviewing the law". Case in point, the recent attempt by a pro-life group that went to court to try and get cloning outlawed and ended up with exactly the opposite legal conclusion!

      --

    • by Nemesys ( 6004 ) on Thursday January 24, 2002 @11:06AM (#2894619)
      This is an outrageous misrepresentation of
      Mr Justice Jacobs.


      I was present in the courtroom (I'm the Martin
      mentioned on Channel's website), and the judge
      was extremely skeptical of Sony's claims,
      as he knew that the technology could be used
      to prevent fair uses and the development of
      PS2 games by people who couldn't licence Sony's
      system.


      The judge had a perfect grasp of the implications
      of the rulings, and made sure that Sony couldn't
      stifle people from talking about the case or
      about the chip, and prevented Sony from getting
      the bank details of the people who had ordered
      the chip.


      Do you expect the judge not to apply
      the law?

  • by Anonymous Coward on Thursday January 24, 2002 @09:29AM (#2894047)
    If I buy a PS2 game (or CD, DVD, whatever), and it is illegal for me to make a backup copy, shouldn't I be allowed to get the disc replaced for free if/when it becomes scratched to the point of being unusable?

    After all, if I buy a license for a piece of software, I retain the rights use that software for an unlimited amount of time.
    • That's exactly how the law would be enforced in a country that doesn't have an explicit policy of making the consumer take it up the ass instead of the company. If you're planning on moving to such a place, we wish you well on your long journey to Never Never Land. ;)
    • What *I* don't understand is people who can't take care of CDs. I have audio CDs over 10 years old that still play fine, and I've never had a PSX or other CD-based game become unplayable. In fact, my 1995 PSX launch titles all still run fine on my PS2.
      • by Tenebrious1 ( 530949 ) on Thursday January 24, 2002 @10:20AM (#2894328) Homepage
        Obviously you don't have kids. If you had, you'd be all for backups. Yes, all my Final Fantasy Discs are in mint condition. Yes, all my classical CDs are in mint condition. However, looking at the kids CDs and kids discs, they're all pretty beat up.

        Just recently, my 5yo snapped a PS2 disc trying to take it out of the case. OK, it was his fault, he was a little too eager, and I ate the $50 loss. But that's exactly why we should be allowed to create and use backups.

        You can show a kid 500 times how to take it out of the case, and how to pop it in to the machine. But they're kids. Hand/eye coordination isn't fully developed. They're more enthusiastic than they are precise. Discs WILL get scratched. A parent cannot take the disc out and put it in every time, because it limits the growth of the child not to do things on their own.

        No, it doesn't bother me that the disc got broken, as a parent you expect things to get broken. I felt bad for my son because he knows he did something wrong. What I was annoyed about was that I did not have a method of backing up PS2 games like I did with PS1 and PC games.

        And no, my son doesn't sit around and play games all weekend nor does he watch much TV. Like me he spends most of his time outdoors. Which is why he broke the disc, he just hasn't gotten the hang of taking them out of the case yet.
      • Regardless, it's not (or shouldn't be) my responsibility to be anally overprotective of my CDs, if I'd rather just back them up and then not worry about it. Circumstances beyond my control, and all that. And, of course, the children issue.
    • If I buy a PS2 game (or CD, DVD, whatever), and it is illegal for me to make a backup copy, shouldn't I be allowed to get the disc replaced for free if/when it becomes scratched to the point of being unusable?

      After all, if I buy a license for a piece of software, I retain the rights use that software for an unlimited amount of time.


      Quite. And you should have been able to upgrade your vinyl records to CD for just the cost of the media, but you couldn't. The law is being particularly an ass here.
  • Just one opinion (Score:3, Interesting)

    by chill ( 34294 ) on Thursday January 24, 2002 @09:29AM (#2894051) Journal
    According to this link [slashdot.org], Australia is moving in the opposite direction. No, it isn't about mod chips -- it is about the legality of region encoding DVDs. This would have interesting implications as legislators were talking about "zoned" DVD players being illegal. I don't know how it turned out.
    • Re:Just one opinion (Score:2, Informative)

      by twinpot ( 40956 )
      I'm not sure the exact wording, but under the consumer guarantee act, DVD players in New Zealand must be able to be "de-region locked" - it is contsidered a restraint of trade otherwise. Parallel importing is also explicitly allowed, for the same reason.

      The govt. does seem to be bowing to pressure from the US govt. and the entertainment industry in that it may prevent newly released titles in being parallel imported for 6 months, and all parallel imports would be assumed to be illegal (i.e. conterfeit), unless the IMPORTER can prove otherwise (dumb idea).
  • "...a game that is run without permission makes a copy of copyright material in memory, this copy is 'infringing' because it is an unauthorized..."

    While I understand the intention behind this statement, isn't it flawed? This statement is given to explain why software licensed in one area is illegal when run in another.

    IANAL, but as I see it the truth is this: The license agreement is a (supposedly) legally-binding contract that defines the conditions by which you use the material you've bought. If the license says you can only use it between noon and 3pm then that's what you should, in theory, do. So if a license says "This software is licensed for use in the UK only" then that's the only place the software is legal. Whether we like it or not, that's the law.

    The judge's statement tries to find some alternative justification for what should just be a black-and-white case - the law says it's illegal to cross-region, end of story. What Jacob says implies that a non-permanent, volatile copy of data used solely during the active "life" of a media's playback is subject to copyright.

    So - as an example - the "copy" of a CD's audio content as it passes from the disc to the speakers by means of decoding and amplification circuitry. Is that a copy of the music? It's as permanent as the data stored in RAM during the execution of software and is no more useful. You can't duplicate the game from the content of the PS's RAM; you'd be lucky to reconstruct all the data & program files from what passes through memory during an execution.

    The law says it's wrong. Whether it's to our liking or not, it's black-and-white, as defined in the license. So why try to justify the decision in this way?

    There are further-reaching consequences of this ruling, including those applying to other electronic media, that should be considered. The ruling may be right, but the wording is still important.

  • by gpinzone ( 531794 ) on Thursday January 24, 2002 @09:34AM (#2894085) Homepage Journal
    Stop, stop, stop. While I believe there are people who legitimately want to play Japanese games and backups using their mod chips, this isn't what the overwhelming majority of people intend to do with it. The real reason these devices are popular is because people want to play some mediocre game, but don't want to shell out $50 for it. Considering that Sony DOES make a profit on the console, mod chips are a great way to keep pumping the numbers of PS2s out there. MS has already tipped their hand with the HomeStation. It's not about games anymore, it's about whose hardware is in the most homes. If successful, they could end up driving PS2 sales down.
    • Exactly. I think Sony are shooting themselves in the foot behaving like this.

      The one thing that could make the Playstation really hold its own against the Xbox, would be for Sony to really open up the hardware.

      By behaving like this, there is very little incentive for people to keep buying Playstations, as opposed to X-boxen, given that they cost about the same amount, and the Xbox has a built in harddrive.

      I can't really understand it, are Sony deliberately trying to get out of the console market ?

      If so, they why would they care about mod chips ? If not then they should be trying to compete with the locked-down-tight Xbox...what the hell are they thinking ?

  • In Europe? (Score:3, Interesting)

    by sluggie ( 85265 ) on Thursday January 24, 2002 @09:34AM (#2894089)
    Hmmm strange that this happens in the UK.

    I could imagine that an american court ruled like this.
    Why? Well here in Europe the majority of software/hardware producers go by the good spirit of "If you buy it's yours, if you modify/brake it it's your problem"

    What is a PS/2 good for if can't modify it to my needs?
    If enough people think like this Sony just cut it's own flesh...
    • Re:In Europe? (Score:4, Insightful)

      by liquidsin ( 398151 ) on Thursday January 24, 2002 @09:50AM (#2894163) Homepage
      Isn't crap like this covered in the warranty? Like, if you screw with it, you void the warranty. It's the same as GM telling me that if I decide to put an aftermarket stereo in my car then it's my own problem if it shorts out the whole electrical system. They don't really care what I do to the car because they're no longer obliged to fix it for me once I've voided the warranty. If I'd been warned before purchasing my PS2 that even though I *purchased* it, I had no right to do with it as I saw fit, I probably wouldn't have bought it. This isn't about software or IP or any sort of difficult grey area, this is a tangible product. I buy it, I own it. That's how it's always been, and I don't see how they can change that.
  • Smart Judge (Score:4, Insightful)

    by RichMan ( 8097 ) on Thursday January 24, 2002 @09:34AM (#2894091)
    I can't read minds. This to me looks like the Judge actually favours the rights of end consumers to use purchased goods any way they like. Granted the judgement in this case goes the other way, but the judge is hampered by existing laws and must rule as they say. This is an overly strict reading of the laws and most of us are cringing. I think that is what the judge wanted.
    It looks like a T-ball setup for a great public outcry and movement to get the politicians off their buts and give back some rights to end users. Or maybe just a great appeal case to go up the judiciary path. The quicker this judge makes his ruling the quicker it gets up the appeal path.
  • I plan on moving a few times in the next few years (not just different cities, different continents) and I was thinking about this whole DVD/game console mess. Without mod chips it's impractical to invest in these devices.

    What's the official line on this? Am I supposed to buy a new console for each continent?

  • fair use (Score:2, Interesting)

    by Stochi ( 114270 )
    it's funny how we have laws that provide for fair use and allow us to make back-up copies of software, CD's, DVD's, etc. but when it comes down to the courts actually upholding our right to do so, they typically fall towards the company that creates technology to prevent us from using these backups.

    "yes, you have the right to make backups of Playstation games, but no, you do not have the right to play them since Sony has technology to prevent you from doing so."

    seems like there really isn't any fair use anymore.

    i'm wondering if i could purchase a Playstation CD and return it to the company that made it for a replacement in the event that it got scratched/damaged. has anyone done this? i mean, they say they don't want to let us make copies, but i should only have to pay for the game once. i'd be more than happy to pay for the replacement media and shipping. i'm just betting that they'd charge me $45 for a $50 game. now, what does that tell about how much the actual game is worth?
  • this isn't about (Score:3, Insightful)

    by Gehenna_Gehenna ( 207096 ) <cavanetten@@@gmail...com> on Thursday January 24, 2002 @09:40AM (#2894115) Homepage
    keeping people from playing games, it's about keeping people from illegally pirating games. True, many people in the Slashdot community have the respect for the artists and companies involved in video game production to pay for the games they play, and curcumvention devices such as mod chips are used as GOD intended, to view the work in it's original Japenes, etc.
    Unfortunately, illegal copyiers force companies like SONY to take these steps to protect the profits of their company and the artisits that produce games. I am unahppy that this action was necassary, but untill the piracy stops SONY and others will take steps like this to keep it to a minimum.

    Just my 2 cents.
    • by liquidsin ( 398151 )
      You're right. Without a modchip I can't play pirated games. I can't play them without a TV either, so is that next to go? The TVs original intention wasn't to let me play pirated PS2 games, but it's certainly an integral part of the process. Same with DVD burners. I'm glad to see Sony trying to reduce piracy and keep costs lower for those of us NOT stealing thier games, but I think this is the wrong way to go about it. Setting a precedent of banning something that *could* be used to pirate software is all bad.
    • I seem to recall, from an interview when the suit was first announced, that for technical reasons you CAN'T make a modchip that allows playing of imports without, as a side effect, allow playing of copyed games. It would not suprise me to learn that Sony designed the PS2 copy protection this way intentionally.
    • by Guppy06 ( 410832 )
      "it's about keeping people from illegally pirating games."

      1.) Having the ability to pirate and being a pirate are two very differen things.

      2.) We may have two very different definitions of "piracy."

      I have a mod chip on my original PSX. If I wanted to, I could play ISO images off of CD-Rs. But I don't. I got the chip solely for the purpose of playing import games. Now, whether you think that playing an import game on a domestic system is piracy, then yes I'm a pirate by your definition. But I had better not be one by the law's definition.

      "Unfortunately, illegal copyiers force companies like SONY to take these steps to protect the profits of their company and the artisits that produce games. I am unahppy that this action was necassary, but untill the piracy stops SONY and others will take steps like this to keep it to a minimum."

      The ends do not justify the means. If they want to try to stop illegal copying, fine. But they have no right to impose on my right to use what I have legally purchased while trying to do it.
  • That you dont actually need a modchip to play imports, but it does make it a little nicer. Plus the code and schematics are readily available on the internet for those people who are technically inclined.

    This wont effect Homebrew software since they are still going to make the Linux Kit available. Even though it is going to cost an arm and a leg.

    So really the only people this effects are the people profiting from the sale of the modchips.
  • by Em Emalb ( 452530 ) <ememalb@gm a i l . com> on Thursday January 24, 2002 @09:46AM (#2894142) Homepage Journal
    from the website: 'Judge Jacob stated that Sony licensed games for the territory that they were issued, the licensing of these games did not allow for their use in other territories, therefore whether they were imported for private and domestic use by personal purchase for instance via the internet, or purchased abroad on holiday, they were not allowed by Sony to be played outside of the licensed territory, this argument should be upheld.' Ok, so now I am not allowed to leave where I live and play my games where I travel to? I don't understand this. Maybe I am just being dense, but could someone please show me where it says you aren't allowed to move somewhere and play your game? Also, how big are these territories he's talking about? Anyone? Bueler?
    • Sony licensed games for the territory that they were issued, the licensing of these games did not allow for their use in other territories

      Heh. Sony can license games for sale in any region they want to, but they have no right to dictate use by region (at least in the US - sorry, UK). The usual reasoning is that since the games are sold as objects with no contract or recurring charge, exactly like music CDs, then they are covered by copyright law. That means that i can buy a Japanese game from Tokyo and play it in DC and there's fuck all Sony can do about it.

  • what about PS1? (Score:5, Insightful)

    by ilsie ( 227381 ) on Thursday January 24, 2002 @09:49AM (#2894159)
    This also wipes out any chances of seeing home brewed software on the Playstation 2 anytime soon, as well.

    PS1 has the largest installed userbase of any console in the world, besides game boy.

    Mod chips for the PS1 cost almost nothing, are widely available, and are installed in many units.

    The Yaroze was released in the US by Sony- essentially a PS1SDK.

    There are countless emulators for the PS1, allowing you to play burned and/or copied software on your computer

    Despite all this, I don't think I've ever seen a homebrew PS1 game, ever. Has anyone else?
    • Re:what about PS1? (Score:3, Informative)

      by k_187 ( 61692 )
      I know of at least 1 game that came from teh Yaroze project. It was called "Devil Dice". Whether or not any more came from it I don't know.

      Then again, what do you mean by homebrew PS1 games? I'd be willing to bet that because of the "copy protection" on games, mass producing a game is gonna be expensive, i.e. you can't just burn a few copies for your friends (who burn a few copies for their friends ...).

      In my mind, Yaroze was more to get people programing on the PS1 platform, cause then when those programers get jobs in the industry, what are they going to want to program for? Yes, the PS1. I'd imagine Sony has the same plan with the linux kit for the PS2.
  • This is so much BS (Score:2, Interesting)

    by buckrogers ( 136562 )
    When I buy a book, a CD, a DVD, or a program, I have bought a set of data. I own it. It is mine. I can sell it. I can loan it to my friends. If it is covered under copyright and I don't have a license to cover that then the law doesn't allow me to make copies and distribute those copies or perform public reinactments. But that is the only right that I don't have.

    I am sick and tired of all these butt pirate corporate executives and the judges they bend over the podium taking away my fair use rights to the software that I personally own. I'm not like the judges in these cases, I don't like taking it up the ass for the media companies.

    I don't own a license to any of the software I have. I never agreed to any license. If I have agreed to a license, then show me the signed contract. Click through doesn't count. I left my computer unattended, the cat must have accidently pressed the mouse button. If you have a witness that proves it was me that installed software on my computer, then produce that witness.

    I actually own that copy of the software, outright. Just like I own a book or a magazine. If I want to buy japanese DVD's and play them in my American DVD player, I should be allowed to do so. If I want to rip my CD's into ogg's and play on my computer, then that is my business. If I want to rip the content of a DVD that I own and turn it into a DIVX CDR so that I can watch it on my laptop, again, that's my business.

    If I want to read the dialog off the DVD and play it audibly as juicy ass farts, again, that is nobodies concern but my own. And believe me, if I started doing that, I would definately be concerned.

    The media outlets want to limit our rights and divide us into smaller and smaller markets, which they maintain a full monopoly on. They want to make it so we can't see anything without paying them royalties on it. And they want a royalty everytime we do so.

    They are just losing any goodwill they had with the consumers. They tend to forget just how valuable goodwill is. It can make or break the richest of companies. Beware and bewarned media conglomerates, it is almost time for us to pay you back for all those abuses you have been heaping on us lately. And payback is a bitch. It'll start with judges that don't stay bought and go downhill from there.
    • You forgot one:

      "If I make an illegal copy of someone else's media and use it myself, then and only then I should be punished."

      Too many big companies are getting away with punishing people before any crime is committed. What amazes me is that people keep buying from those companies in the first place. If I ever get a PS2 (more than likely, because the only game on XBox I care about is SH2, while PS2 has that and others I'd like to play) it will be from a used game store so as not to put any more money into Sony's coffers. And trust me, it *will* get chipped.

      -Legion

  • RAM (Score:3, Insightful)

    by rootmonkey ( 457887 ) on Thursday January 24, 2002 @10:23AM (#2894343)

    The technical reason for the decision being based upon the fact that a game that is run without permission makes a copy of copyright material in memory, this copy is 'infringing' because it is an unauthorized copy argued Sony.


    So its ok to have the imported game, but the act of loading the game into the PS2's RAM is where the actual illeagal copying occurs. So I can make n copys and distribute them to all my friends, but the "real" copying (and infringement) doesn't occur until the disc is copied once more, but this time into the RAM of the PS2. Isn't this just semantics. This doesn't make sense.
  • by Da w00t ( 1789 )
    The manufacturer of a device, is telling me what I can, and cannot do in my own home, with software I purchased for it?

    wait a minute, this sounds familiar.

    Oh right, it was that blockhead who's the head of the MPAA. Jack Valenti. Once again, another company wants to set rules on private use of their product. What if I do want to use a fork to brush my hair? Maybe that butter knife actually is a screwdriver! (sorry mom)

    How the fuck can the place of purchase of an item, used in your own home, make it illegal being used on the product it was designed to be used with?

    Aslong as I paid for the product, $MANUFACTURER of both $DEVICE and $PRODUCT shouldn't give a damn.
  • More from Gazza: (Score:5, Informative)

    by Marcus Brody ( 320463 ) on Thursday January 24, 2002 @10:38AM (#2894438) Homepage
    Got this from Gary (aka Gazza) before ruling:

    Due to recent legal proceedings by Sony towards our sale of the 'M' chip we have decided to remove it, and all Sony related devices from the website.
    We were eager to promote this device, which arguably had a legal side (we may still yet have to fight on this, depending on their actions). Our main argument (which is received from reading court actions of something similar), was to be that the 'M' could in fact play imported games, this is a GOOD argument, and although we possibly should have been more restricted in advertising it's other capabilities. The rest of the argument is that because our eastern colleagues do not have access to (and SONY would never give) their patented media-authoring technology, they could not make something that could decipher the media. Therefore, if the original imports played, everything else played... it was just part and parcel of the design. You know, there was even an exerted effort to make sure the Playstation 2 logo remained running on the console when loading games. It was thought this was a 'complimentary feature' and the developers actually wrote code that ensured the logo remained intact, although other modchip developers had blatently completely removed it !
    To clarify the statement about the control system above, here's an explanation:
    Sony have a system running in the PS2 console that detects when a media is both non-licensed, and also which country it arises from. In the case of their licensed media (territorial lockout, and in the PSX known as the SCEA WIZ Code). It is currently unknown by ourselves as to what this system is called in the PS2. There are some interesting things to look at with this system, because of some factors:
    A) Sony do not allow anyone to use this system, and therefore because it is patented, the use of the detection technology is unlawful. In the case of Bleem (emulator software) that won legal standing, it appears that they could not implement region or copy protection control into their software, because Sony did not allow them to use the patented technology. Therefore, Bleem software actually ran copied software and imported games because it had no control system used to stop this. So where is the circumvention (which is exactly what it is in basis) in context ? inside the machine, outside the machine, in the electronic guts of the console, or on the disks themselves ?
    Looking closely:
    It becomes obvious that the territorial and licensed media information is actually on the game disks themselves (otherwise the console will not be able to recognize the difference between disks), so if a software is allowing the import, and non-licensed versions to run, then the system on the disk MUST have been defeated ?
    B) In the case of manufacturing a modchip device to play imported games, the fact that the region / copy control is defeated in the same case, it is not possible to have one without the other. Therefore, similar to the case of Bleem, the technology to control this system is not available, and even if were available, is not possible to use due to patent laws and Sony holding this close to their chest. So end result = same as Bleem, the whole kit and kaboodle must play, because you are 1) not allowed to use the technology, or 2) you use a workaround the patented control, but then lose the ability to define any control parameters.
    C) To look a little closer:
    Datel & Gameshark produces software that runs on the PS2. When this software runs, it produces a disclaimer of the following: 'this product is not licensed blah blah blah' (cannot remember exactly what !). Anyway, this is unlicensed software running on the console, so how is it done ?
    If it is running, then it must have defeated the consoles control system ? (this time within the console), it certainly is not licensed, therefore does it break rules, or simply bend them ?
    We know EXACTLY how Datel fools the console, and make it think it's software is a 'legal' media ('legal' as in a technical form, 'illegal' being one that is not allowed). Sony have tried to counter-act the loading of Datel disks on subsequent releases of their console models, but Datel have reverse engineered this and usually within a few weeks have produced a 'compatible' version.
    Now look at all that has been written above, and start to analyze what you find:
    A) Bleem plays imported and unlicensed software, therefore it defeats (or shall we say 'ignores') the control system implemented within the disks from Sony.
    B) Datel & Gameshark disks play on the PS2 console (and are unlicensed), therefore they defeat (or shall we say 'ignores') the control system implemented within the console from sony.
    So, we must now look at the 'M' and take into context with the information given above (we'll call it 'C')
    C) Messiah plays licensed and unlicensed software, therefore it defeats (or shall we say 'ignores') the control system implemented within the disks from Sony, OR it defeats (or shall we say 'ignores') the control system implemented within the console from Sony ?
    When you start to try to get your brain wrapped around what's written above, it can become completely confusing, but there are grey area's of legal matter that must be answered:
    Does the 'M' actually defeat BOTH systems?, and IF NOT, does it then become any more illegal (or legal) than those products stated above ?
    THE ANSWER IS: NO !
    'M' defeats ONLY the consoles control systems, therefore it can be deemed to be akin to the Datel / Gameshark in its way of working. Of course, he Datel / Gameshark disk are the ONLY disks that load directly from the defeat (lucky them), so it appears that this defeat of the system can be 'overlooked' conveniently !
    technically, the ways of owrking are completely different, but in context with the 'end reasult', we are merely stating that the 'M' fools the console, and so does the Datel and Gameshark to attain it's desired results, and this 'foooling' is the requirement of defeating the control system. (or protection).
    (But its interesting to see that these disk from Datel / Gameshark are quite easily 'upgraded' to provide the necessary functions with such as simple item as a paperclip, knife or a credit card): some interesting links given below:
    http://www.ps2ownz.com/cardswap.htm
    http://www.ps2ownz.com/paperclipswap.html
    http://www.ps2ownz.com/cogswap.html
    The above methods used by those that seek an expanded result from the defeated control system.
    It should be noted, that with all the above, the control system on the game disks from Sony still remains intact.
    It's interesting to think on a few matters:
    Channel Technology have NEVER sold a pic-type modchip of the type such as for instance (take a NEO 2) for the PS2. This by far is probably the most popular brand of modchip, and sites all over the internet sell them without hinderance. There must be millions of these devices sold throughout the world, and the software for such devices (hex code), is freely available for download. (their purposes clearly explained where Subsequently, the sale of Datel & Gameshark Software rocketed because of the public's knowledge of their unison.
    (using a pic-mod with Datel software = Interesting results). The end result of this unison is of course, playback of unlicensed media. Although there are 'millions' of these devices on sale, and we never sold any of them, we are apparently deemed 'more culperable' because our version did not need a disk-swap.

    SHEESH !!!
    Is not the end result exactly the same thing ?
    We could understand a little more if the unison between these two products allowed Imported Games to play, but they DO NOT... FACT, therefore, the ONLY use of a PIC-BASED modchip, is to play Unlicensed Media.. this is a BIG FULL STOP !
    It's interesting to note how a 'level of Technology' now comes into play with the onslaught of Sony against Channel Technology. Although Channel Technology NEVER contributed ONE single pic-based modchip to the millions in use on PS2 consoles throughout the world, the one Professional design in the world that allowed legal playing of Imported Original games, and gave improvements such as full screen playback on these, and also took care to leave the copyrighted logo in place in the machine, is the one that stirs the mighty wrath of the giant Sony Corporation to see an end to it even before release, and will probably end the Channel Technology business.
    Is it a fair world we live in ?
    As proprietor of Channel Technology, I have to say a big NO to that question. I sat by here and NEVER became involved in the mass sales of these crappy 'pic-based' mods that were being advertised as 'play your CDR backups' and were flooding the world etc. and watched the world go by without becoming a part of this. If we were to bring forward a design, it would be a technically CORRECT design, that MUST play original imported games. (Our BM3 design was capable of playing imported PSX titles (a first on PS2), but the PS2 titles capabilities were not to come until developed by our eastern colleagues).
    Moving on to a slightly altered topic, let's look at the scenario of someone who has a modified 'M' machine, and compare it to someone who has a modified NEO 2 Machine, with a Datel Action Replay disk, and these people are going to 'possibly' break the law by running pirated software:
    Firstly the 'M' machine:
    Human being has modified machine, wishes to play duplicated software. He may A) obtain a copy, or B) produce a copy himself.
    If he travels road A), there is argument that he has bought pirate software, BUT, he HAS NOT defeated the control system on the disk himself, therefore there is argument that if he were to say purchase a HK Silver game (pressed disk manufactured in a factory), although he may well have bought a pirate disk (NOT ALL HK SILVER DISKS ARE PIRATE, THERE ARE MANY SLIDE-SHOW (XXX Rated) TITLES AVAILABLE FROM ASIA THAT ARE HK SILVER PRESSED DISKS THAT RUN ON THE PS2), he has NOT defeated the copy protection himself, therefore does not contravene any laws (such as section 296 of the Copyright, Patents and Designs act).
    If the human produces a copy himself (using a cd-writer), then he MAY have infringed the law (This is not solid-set, and the law changes between different countries of the world). The UK laws state that 'where necessary', it is allowed that ONE backup of software be allowed.
    This 'where necessary' clause can be deemed to be a little wide. For instance:
    Human lives in the UK, and goes to the USA, and purchases / returns with a licensed game, and he will play on his 'M' upgraded console. BUT, after a few days in the grubby hands of the kids, he notices the disk is suffering. So he decides to make a backup, in the knowledge that he has little chance of obtaining a replacement from the USA as he will not receive 'support' outside the country. Is this now a 'where necessary' situation ?
    But to dig deeper:
    He now has his backup, which he has made under belief of the 'where necessary' clause. He places this backup in the console and 'M' boots the game.

    What is now the scenario ?
    Is 'M' illegal because it is booting a 'where necessary' instance ?
    And if the owner of the 'where necessary' backup tried to boot his 'where necessary' backup on an UN-modified console, would the 'restrictions' imposed by the console actually be denying him of a legal right ?
    Let's go another step further:
    'M' would have had no way of knowing if the 'where necessary' title that was loaded was an original or backup. This is because as mentioned at the very top of this page, the patented technology was not available to it, so it must be asked:
    QUESTION: Is 'M' playing the backup, or is the Human playing the backup ?And further, is the backup actually illegal, or falling under the 'where necessary' clause ?
    The answer is summed in one quotation that I gave once on Messiah-worlds:
    " 'M' does not play pirate software, Humans do" !
    OK, so the human played the backup, and he did this by placing the disk in the tray and it booted. BUT, what happens if its a NEO2 ?:
    Forget all the mumbly-jumbly, lets just look at the human playing his 'where necessary' backup:
    To play with this version of chip, he first needs to load the Datel disk (defeats preliminary control system), and then he will use the NEO 2 to eject the disk tray and place his 'where necessary' backup in and the game will load.

    WHAT is the difference ????, the backup is loaded and is playing !!!!!!!
    Does 1+1 being sold as a package make ANY difference whatsoever ?

    It appears it does, and although millions of 1+1's are on sale, its only the '1's that matter.

    More food for thought:
    Definitions: (in relative context)
    CDR
    (Media that is on recordable disks, can be software developed that will run on the PS2 if modified, this software can be found many places on the internet, and you will come across small game programs, graphics demonstrations, art etc. etc. 'M' will direct boot these without swap.
    DVDR
    The same as above, but a different medium, 'M' will direct boot these without swap.
    BACKUP
    Could be a backup of the above mentioned software (not the original disk). 'M' will direct boot these without swap.
    HK SILVERS
    Factory pressed disk (usually silver bottomed), can be duplications of the software mentioned above, or in fact as seen recently, slide shows etc.
    The 'conception' that HK Silver means 'illegal is totally false. 'M' will direct boot these without swap.
    DVD SILVERS
    Exactly the same as above.
    'M' will direct boot these without swap.
    IMPORTS
    Games / films purchased abroad, but shipped into your resident country. This is not illegal, and neither is the business of importing consoles. 'M' will direct boot these without swap.
    PS2 BACKUPS
    Software written to run on the PS2 operating system, and then 'backed up' from the original disk (many forms of this available on the internet, again, graphics, animations, games etc.) 'M' will direct boot these without swap.
    PSX Backups
    Same as the above, but written for the PSX operating system. 'M' will direct boot these without swap.

    So, when you look at the 'capabilities' of a design on a site, you make sure you understand the exact meanings that can be implied by functions stated.
    Only the Illegally thinking mind thinks illegally !

    'He's NOT the Messiah, and certainly not my savior,
    But I followed him faithfully' !
    (Gazza, 2001)
  • Judge Jacob stated that Sony licensed games for the territory that they were issued, the licensing of these games did not allow for their use in other territories, therefore whether they were imported for private and domestic use by personal purchase for instance via the internet, or purchased abroad on holiday, they were not allowed by Sony to be played outside of the licensed territory

    It would be interesting to see what evidence, if any, that Sony submitted, to support their allegation that the users are bound by the terms of some license. (Whatever evidence it was, it was apparently good enough to convince the judge. That's why I'd really like to see it.) I don't know how things work in UK, but here in USA, we normally purchase commerical software, not license it. This is especially true with console games, where the transaction is simply a cash-for-game deal between a retailer and an anonymous customer.

    Another thing about that wording, is that it's not even clear who they are talking about. It almost sounds like the judge may have been referring to a license between Sony and some other entity (not the user) (perhaps a distributor or something like that?) -- i.e. we're not just talking about a EULA here. If that's true, it's very interesting, since it means that UK law allows a deal between two parties, to somehow magically cause a third party to unknowingly assume abligations. That would be really bizarre.

  • Dreamcast remains the only game console that people can develop home-brew games for. Between Kallisti!OS and the various attempts to create a Linux boot system for Linux-based games there's going to be one hell of a platform on the way for developers. The Dreamcast is also the most documented of the game consoles, with developer information on almost every subsystem in the box. Too bad SEGA discontinued production on the damn thing...
  • First explain it to me, and then to the judge:

    'swapping' of backup disks between people would be uncontrollable, and damaging to Sony as nobody would obviously pay £25-45 for a game

    Exactly how is this obvious? It seems to be the same argument that was made against VCRs when they came out. Who was the plaintiff in that one? Why, it was Sony, wasn't it? And has history shown that the argument was true?

  • And here's how to use it.

    I've been in the ps2 homebrew dev scene and here are a few things that people need to know about the ps2 protection.

    The ps2 checks the protection once when the disk is loaded. It's possible and very easy to do a swap trick using a gameshark2 or a codebreaker cheat disk. I wired up an override switch for the tray motor on my ps2 using 2 dpdt switches and a diode. (pull +5v from the mainboard and run it through the diode to drop the voltage a bit before wiring to the drive tray motor)
    There is plenty of info online on how to do this.
    Check current modchip diagrams for where to get +5v and grnd.

    A ps2 drive will read ps2 and ps1 disks. It's possible to make the ps2 run a ps1 disk as if it were a ps2 disk. This is how all the ps2 modchips work. Put a ps1 modchip in your ps2 and do a swap with a gameshark (no switch needed). The ps2 will think it's a ps1 disk and the gameshark/codebreaker will boot it as if it were a ps2 disk. (no switches needed)

    Now the most convenient solution is to patch the ps2 rom so that it can decide how to boot a disk by using some other method than the protection.

    This is how the latest mods work (neo4/messiah).
    It's also doable by any determined hardware hacker. I expect very simple instructions to surface soon especially if the modchips get pushed underground.

    DISCLAIMER:
    I'm only a programmer and practically none of this info was discovered by me. I'll credit anyone who wants me to :)

A physicist is an atom's way of knowing about atoms. -- George Wald

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