Feeds

Sony preps PS2 mod chip legal fight

If Oz High Court hearing goes modder's way

  • alert
  • submit to reddit

Sony has hinted that it is preparing a fresh legal challenge to the legality of PlayStation 2 modification chips in Australia should a High Court case brought by a PS2 mod chip seller go against it.

Speaking in Sydney last week, Sony Computer Entertainment Australia (SCEA) MD Micheal Ephraim said the company's lawyers were gearing up to bring the matter before the court once again, Australian IT reports.

The High Court is expected to rule this month on mod chip maker Eddy Stevens' appeal against a July 2003 Federal Court verdict that his products violate Australia's copyright laws. That ruling was, in turn, the result of Sony's appeal against a lower court judgement that selling mod chips was not necessarily an infringement of copyright.

Sony lost that case because it had failed to show that the PS2 security system was a "technological protection measure" as defined by the 2000 Digital Agenda Amendments to Australia's Copyright Act. It was also argued that Sony's restrictions on the use of PS2 games bought overseas amounted to an artificial trade barrier.

Stevens' High Court strategy will focus on showing that mod chips have legitimate uses as well as illegal ones and so should be allowed to be sold, just as, say, blank CDs and DVD recorders are even though they too may be used to infringe copyright.

SCEA did not say how it will tackle mod chips should the Stevens appeal go against it, but it's clear that it will not going to accept defeat. Its case is likely to centre on changes made to Australia's copyright regime enacted as a consequence of the Free Trade Agreement signed last year by Australia and the US. ®

Related stories

Hackers sued for tinkering with Xbox games
Oz mod-chip seller to take Sony to High Court
Spanish judge rules X-Box mods 'legal'
Italian court rules mod chips legal
Sony wins Aussie mod- chip sales ban
US mod chip retailer jailed and fined
Ballmer baulks at Oz Xbox chippers charter
Oz court backs Sony PS mod chips

Whitepapers

Top 10 endpoint backup mistakes
Avoid the ten endpoint backup mistakes to ensure that your critical corporate data is protected and end user productivity is improved.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Backing up distributed data
Eliminating the redundant use of bandwidth and storage capacity and application consolidation in the modern data center.
The essential guide to IT transformation
ServiceNow discusses three IT transformations that can help CIOs automate IT services to transform IT and the enterprise
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.