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

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
Win a year’s supply of chocolate
There is no techie angle to this competition so we're not going to pretend there is, but everyone loves chocolate so who cares.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.