Oz modders fight back against sony!

[i l l m a t i c]

Australian PlayStation 2 mod-chip supplier Eddy Stevens is taking Sony to court in a bid to reverse an appeal court decision made last year which backs the consumer electronics giant's claim that such chips infringe copyright law.

 

Stevens was originally sued by Sony in 2002, essentially for facilitating games piracy, but the Federal Court ruled that selling, installing and using mod-chips does not necessarily violate copyright. The result was not so much a victory for Stevens as a case of Sony failing to show that its PS2 security system was a "technological protection measure" under the terms of Australia's copyright legislation, specifically the 2000 Digital Agenda Amendments to the Copyright Act.

 

In July 2003, Sony appealed against the verdict, and the Full Court of the Federal Court ruled that Stevens' chips did violate copyright law. It thus became illegal to sell mod-chips down under, but curiously not unlawful to use them.

 

Now the case is set to return, this time to the High Court, as Stevens seeks to challenge last summer's judgment. According to Stevens' lawyer, Michael Bradley, in an Australian Associated Press report, the mod-chip seller will maintain that the court must acknowledge the legitimate uses of such parts - to make back-ups, and to play games and DVDs legally purchased outside Australia - and so permit them to be sold for these uses.

 

For the same reason, the US appeal court last month upheld a lower court ruling that P2P software providers could not be held liable for users' illegal activity. It should remain legal to offer P2P software, the court ruled, since the code has legitimate uses.

 

Such a verdict still leaves mod-chips infringing the copy-protection circumvention legislation, and the High Court will undoubtedly be asked to rule on this paradox too.

 

The case is expected to be heard in the High Court in March 2005. ®

[random guy]

I hope he wins because I'm sick of this crap. First they try to ban VCRs etc... now mod-chips. The honest consumer's options are being seriously limited by these laws and that is not cool - what happened to the customer is always right?

[AntiWinner22]

I hope he wins because I'm sick of this crap. First they try to ban VCRs etc... now mod-chips. The honest consumer's options are being seriously limited by these laws and that is not cool - what happened to the customer is always right?

I know where you are going with that, and I agree, but the way you phrased that was horrible.

 

With the logic about "the customer being right," the assult weapon ban here in the "Good Ol' U.S." should have happened a long time ago.

 

Anon.

[random guy]

I hope he wins because I'm sick of this crap. First they try to ban VCRs etc... now mod-chips. The honest consumer's options are being seriously limited by these laws and that is not cool - what happened to the customer is always right?

I know where you are going with that, and I agree, but the way you phrased that was horrible.

 

With the logic about "the customer being right," the assult weapon ban here in the "Good Ol' U.S." should have happened a long time ago.

 

Anon.

I think there's a bit of a difference between a mod-chip and an AK-47. And the irony is that a under the laws trying to be passed in America selling a VCR would be illegal, but selling an AK-47 would be legal!

[Sybarite Paladin AxL]

I agree with you random but you've got to admit that less than 40% of

mod-chip users bought them for running illegal copies; Hell, I know I would and I will actually!

Found a PS2 bargain hehehe; A guy who runs this i-caffee wants to sell his PS2 for 6 million lions(romanian currency, meanin about 120 euros)

Complete with 4 pads and I forget how many games including MK5 and Tekken 4 (or Tag); I't's a steal cuz they practically used it a month or so

and then they took it out! Also consider that a normal PS2 with only 1 pad and no games costs 8 million lions(about 160);

[random guy]

I agree with you random but you've got to admit that less than 40% of

mod-chip users bought them for running illegal copies; Hell, I know I would and I will actually!

Found a PS2 bargain hehehe; A guy who runs this i-caffee wants to sell his PS2 for 6 million lions(romanian currency, meanin about 120 euros)

Complete with 4 pads and I forget how many games including MK5 and Tekken 4 (or Tag); I't's a steal cuz they practically used it a month or so

and then they took it out! Also consider that a normal PS2 with only 1 pad and no games costs 8 million lions(about 160);

Maybe but look at guns as they've already been brought up. Guns have 1 purpose - to kill. And yet, even though murder is a crime, people are allowed to sell guns to people even if that means they are able to commit a crime. Piracy is a far less serious crime, and mod-chips do have legitimate purposes, therefore they should be legal.

[Sybarite Paladin AxL]

Birocracy over lives dear random! Do you think the government gives a flock about their citizen's lives, HELL NO! They just wanna make mo'money and develop more destructive weapons; Weapons are legal bcuz the government wants to make a live test of their new toys;

Yes u are right crime is far worse than piracy but if u where a fat beourocrat who only has love for money and more money what would you care?!(just an example, don't get mad)

[taratata]

I agree with you random but you've got to admit that less than 40% of

mod-chip users bought them for running illegal copies; Hell, I know I would and I will actually!

Found a PS2 bargain hehehe; A guy who runs this i-caffee wants to sell his PS2 for 6 million lions(romanian currency, meanin about 120 euros)

Complete with 4 pads and I forget how many games including MK5 and Tekken 4 (or Tag); I't's a steal cuz they practically used it a month or so

and then they took it out! Also consider that a normal PS2 with only 1 pad and no games costs 8 million lions(about 160);

Maybe but look at guns as they've already been brought up. Guns have 1 purpose - to kill. And yet, even though murder is a crime, people are allowed to sell guns to people even if that means they are able to commit a crime. Piracy is a far less serious crime, and mod-chips do have legitimate purposes, therefore they should be legal.

Here, guns cannot be sold to everyone because like you said, their only purpose is to kill. There are strict laws about that. But modchips are legal, because they can be used to play backups. Much better than the opposite, IMHO.

[random guy]

I agree with you random but you've got to admit that less than 40% of

mod-chip users bought them for running illegal copies; Hell, I know I would and I will actually!

Found a PS2 bargain hehehe; A guy who runs this i-caffee wants to sell his PS2 for 6 million lions(romanian currency, meanin about 120 euros)

Complete with 4 pads and I forget how many games including MK5 and Tekken 4 (or Tag); I't's a steal cuz they practically used it a month or so

and then they took it out! Also consider that a normal PS2 with only 1 pad and no games costs 8 million lions(about 160);

Maybe but look at guns as they've already been brought up. Guns have 1 purpose - to kill. And yet, even though murder is a crime, people are allowed to sell guns to people even if that means they are able to commit a crime. Piracy is a far less serious crime, and mod-chips do have legitimate purposes, therefore they should be legal.

Here, guns cannot be sold to everyone because like you said, their only purpose is to kill. There are strict laws about that. But modchips are legal, because they can be used to play backups. Much better than the opposite, IMHO.

Didn't you read the article? It is illegal to sell mod-chips in Australia.

[taratata]

Didn't you read the article? It is illegal to sell mod-chips in Australia.

Yes I did. But aren't modchips also illegal in the US? If they're not, all my apologies. Or did you think I was speaking about the australian laws? I was speaking about the laws in my country, which is not Australia.

[Gryph]

I don't mod chips have been declared illegal here. Yet. They are illegal in Britain now.