Thanks Slashdot. Sony and Channel Techonology (the PS2 mod maker) had their day in court yesterday, and Sony won. More information on this ground breaking case can be found below.
Judging from the statement posted on Channel Techonology web site, the judge made some far reaching statements...
- The Messiah defeated the Copy-Protection mechanism, and this part of the design SPECIFICALLY was dealing with the use of backup material as a function. The judge acknowledged that indeed it may be useful to have a backup of software as allowed under the CDPA 1988, and there could possibly be cases of 'where necessary', but also the aspect of 'swapping' of backup disks between people would be uncontrollable, and damaging to Sony as nobody would obviously pay Â£25-45 for a game, therefore 'piracy' becomes the main factor for consideration above all other. Therefore on this basis alone, Judge Jacob awarded the Summary Judgment to Sony.
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. 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.
- The line is now drawn in the sand in the UK, everyone involved in matters relating to modifications to equipment that plays licensed regional and copy-protected material in digital form that produces a copy in memory must now decide which side of the line they stand. The market for such modification devices is surely now going to be driven underground.