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I posted this in the FoG Chat forum as a response to a thread regarding piracy and the chipping PS2's. I thought I'd post it here for the information of anyone who doesn't come across it over there...
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The main text of this post is from the article "Giving the Game Away: To Chip or Not to Chip" in issue 8 (August 2001) of 'The Player' magazine, and is an interview with Terry Anslow, Chief Investigator for the ELSPA Crime Unit. I reproduce it here mainly for FantasyMeister, but also for the information of everyone else.
This is only one third of the article, covering the chipping of consoles, and software piracy - the main point of this topic. The rest of the article consists of two more interviews on the subject - one with an anonymous console 'chipper', and the other with David Ratcliffe, games producer for Bullfrog.
I will not be reproducing those interviews here, so if this gets your interest, I suggest you go and buy the magazine to read them for yourself! It's only £2.99 and is available from all good newsagents. :-)
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Q. So, copying games, illegal or not?
A. The Copyright Designs and Patents Act 1988 was designed to specifically allow, where a consumer had bought the full product, that person to make a single back-up copy. It was only allowed as an exception where it was necessary to do so. The exception applied to floppy disks when they were deemed the standard format for software - if a PC crashed it could cause the user to lose the whole program. Now, with software on CD there's no need for a back up copy. Even if that exception were to find any grace it does not include Trademark legislation, which is the main law we use when we prosecute software counterfeiters.
Q. If this is the case, why do people still use the back-up rule as a defence?
A. The back-up defence has been unsuccessfully attempted many times in this country and it simply does not wash. The nonsense printed as disclaimers on the Internet is stupid to say the least. I've seen endorsements from President Clinton - absolutely worthless in United Kingdom courts. You are not entitled to make a back-up copy of any game's software and that's the end of it.
Q. Recent reports suggest that the loss to the games industry in the UK alone is £3 billion per year. That's a huge figure - what's the rationale behind it?
A. The figure of £3 billion is based on last year's software sales of £1 billion. ELSPA estimate that at least three people purchase pirated discs on the black market for every sale of the real article.
Q. And what about chipping?
Chipping is covered by the same Act as copying - section 296. Put simply, this states that if you circumvent a copyright system of a machine or computer, which is what the PlayStation is deemed to be, then you have contravened that Act. It's a civil offence pursuable by the owner of the machine - in the case of the PlayStation, Sony. Basically Sony can sue you for chipping a machine.
Q. What's the maximum fine for counterfeiting under British law?
A. Under the Trademarks Act you can go to prison for up to ten years, with an unlimited fine and confiscation of goods used to make the counterfeit products.
Q. Many chippers say that PlayStation is so successful because it is copyable.
A. That is nonsense because other games platforms are just as copyable. PlayStation is at the top because it's an exceptionally good piece of equipment with premium software. We have talks in schools and universities, and we've found that a huge number of young people in this country see their future within the computer industry. Whether it be music, animation, programming, or graphic design. When we point out that every time somebody buys a pirate game they are putting their own future in jeopardy, people quickly sit up and listen.
Q. In reality, you're implying that your average software pirate is not dissimilar to a street-corner cocaine dealer?
A. Recently, New Scotland Yard released the official figure that 26 percent of all organised crime in this country is funded off the back of counterfeiting. So when parents believe that they are just depriving the big companies, they are, but they are also funding organised crime in a big way. When the silent majority get their heads round this, we may start to see some movement in the right direction.
Q. What about playing import games? The PS2 has been out a great deal longer in Japan than it has over here. This is reflected in their selection of games, which is at present much bigger than what's available in the UK.
A. Advertising a multi-region enhancement for the console is just stupid language for saying counterfeit discs! If you go to Japan or America to buy software, then do yourself a favour and purchase the consoles to play them on. The only reason people chip their PlayStations is to play counterfeit games. There is no other reason. Anybody that wishes to import discs can import the consoles too. We're actively trying to have a number of bills contained in the copyright law changed to make chipping a criminal offence. There's a bill going through Parliament at the moment, which ELSPA believe will achieve this.
-----
The main text of this post is from the article "Giving the Game Away: To Chip or Not to Chip" in issue 8 (August 2001) of 'The Player' magazine, and is an interview with Terry Anslow, Chief Investigator for the ELSPA Crime Unit. I reproduce it here mainly for FantasyMeister, but also for the information of everyone else.
This is only one third of the article, covering the chipping of consoles, and software piracy - the main point of this topic. The rest of the article consists of two more interviews on the subject - one with an anonymous console 'chipper', and the other with David Ratcliffe, games producer for Bullfrog.
I will not be reproducing those interviews here, so if this gets your interest, I suggest you go and buy the magazine to read them for yourself! It's only £2.99 and is available from all good newsagents. :-)
-----
Q. So, copying games, illegal or not?
A. The Copyright Designs and Patents Act 1988 was designed to specifically allow, where a consumer had bought the full product, that person to make a single back-up copy. It was only allowed as an exception where it was necessary to do so. The exception applied to floppy disks when they were deemed the standard format for software - if a PC crashed it could cause the user to lose the whole program. Now, with software on CD there's no need for a back up copy. Even if that exception were to find any grace it does not include Trademark legislation, which is the main law we use when we prosecute software counterfeiters.
Q. If this is the case, why do people still use the back-up rule as a defence?
A. The back-up defence has been unsuccessfully attempted many times in this country and it simply does not wash. The nonsense printed as disclaimers on the Internet is stupid to say the least. I've seen endorsements from President Clinton - absolutely worthless in United Kingdom courts. You are not entitled to make a back-up copy of any game's software and that's the end of it.
Q. Recent reports suggest that the loss to the games industry in the UK alone is £3 billion per year. That's a huge figure - what's the rationale behind it?
A. The figure of £3 billion is based on last year's software sales of £1 billion. ELSPA estimate that at least three people purchase pirated discs on the black market for every sale of the real article.
Q. And what about chipping?
Chipping is covered by the same Act as copying - section 296. Put simply, this states that if you circumvent a copyright system of a machine or computer, which is what the PlayStation is deemed to be, then you have contravened that Act. It's a civil offence pursuable by the owner of the machine - in the case of the PlayStation, Sony. Basically Sony can sue you for chipping a machine.
Q. What's the maximum fine for counterfeiting under British law?
A. Under the Trademarks Act you can go to prison for up to ten years, with an unlimited fine and confiscation of goods used to make the counterfeit products.
Q. Many chippers say that PlayStation is so successful because it is copyable.
A. That is nonsense because other games platforms are just as copyable. PlayStation is at the top because it's an exceptionally good piece of equipment with premium software. We have talks in schools and universities, and we've found that a huge number of young people in this country see their future within the computer industry. Whether it be music, animation, programming, or graphic design. When we point out that every time somebody buys a pirate game they are putting their own future in jeopardy, people quickly sit up and listen.
Q. In reality, you're implying that your average software pirate is not dissimilar to a street-corner cocaine dealer?
A. Recently, New Scotland Yard released the official figure that 26 percent of all organised crime in this country is funded off the back of counterfeiting. So when parents believe that they are just depriving the big companies, they are, but they are also funding organised crime in a big way. When the silent majority get their heads round this, we may start to see some movement in the right direction.
Q. What about playing import games? The PS2 has been out a great deal longer in Japan than it has over here. This is reflected in their selection of games, which is at present much bigger than what's available in the UK.
A. Advertising a multi-region enhancement for the console is just stupid language for saying counterfeit discs! If you go to Japan or America to buy software, then do yourself a favour and purchase the consoles to play them on. The only reason people chip their PlayStations is to play counterfeit games. There is no other reason. Anybody that wishes to import discs can import the consoles too. We're actively trying to have a number of bills contained in the copyright law changed to make chipping a criminal offence. There's a bill going through Parliament at the moment, which ELSPA believe will achieve this.
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wrote:
> Well, I'm going to wait and see how my mate gets on with his.
I have to be honest, if it works out I'm going to use the import sites to get games at cheaper rates, not just to play Japan only games (Which, lets be honest here, are generally crap).
Thanks for the pop by the way.
Ah I remember my ZX Spectrum days, now that was game piracy made easy !!! (I feel old)
> Well, I'm going to wait and see how my mate gets on with his.
I have to be honest, if it works out I'm going to use the import sites to get games at cheaper rates, not just to play Japan only games (Which, lets be honest here, are generally crap).
Thanks for the pop by the way.
Ah I remember my ZX Spectrum days, now that was game piracy made easy !!! (I feel old)
Just 'popping' the message to the top.
Call me think but...
What is this "pop" stuff about?
(please don't call me thick...:o) )
What is this "pop" stuff about?
(please don't call me thick...:o) )
Pop for kevd.
The reason piracy for games and Pc software is so high is due the fact that the risks and punishment is so low. There is a big weekend market in Glasgow which I used to get taken to as a kid, Here guys used to copy amiga games, one disk = £3. They had an amiga under the counter and when you asked for a game someone ran round to another stall found the game and brought it back for the guy to copy. Nowadays the same happens with the Playststion games, you look through a catalouge to find the game you want, then usually a small kid runs round to a nearby flat and comes back with your game.
This way if they get raided by the police, the evidence against them is very little. A few catalouges, maybe a mobile phone and a small kid with some disks. This makes it hard to sentence them unless you manage to find where they are copying them from. Find all their exipment, and take it of them and have jail sentences that will make them think twice about doing things. I think this is a problem in Britain, some criminals get treated better than the normal public. Getting tv's PS1's, DVD players and decent meals, clothing. The laws for people who copy and sell software should be made more harsh. This is the only real solution to decreasing the problem other than the companies making their software harder to copy.
This way if they get raided by the police, the evidence against them is very little. A few catalouges, maybe a mobile phone and a small kid with some disks. This makes it hard to sentence them unless you manage to find where they are copying them from. Find all their exipment, and take it of them and have jail sentences that will make them think twice about doing things. I think this is a problem in Britain, some criminals get treated better than the normal public. Getting tv's PS1's, DVD players and decent meals, clothing. The laws for people who copy and sell software should be made more harsh. This is the only real solution to decreasing the problem other than the companies making their software harder to copy.
I've got to agree with you on that one, I've got a chipped psx-1 which I used for imports (its now gathering dust), and I did make backups of my own games since cds do not last forever with scratches etc.
However, it really annoys me to see copied games being sold on the street (saturday am in the market in Sheffield city centre, games being sold by younger teenagers who attract lower sentences) thats money going into some gimps pocket, not into development of games.
I think theres a grey area where I can condone a small illegality to allow bending of the region insanity imposed by sony etc, but still be against doing it for profit.
However, it really annoys me to see copied games being sold on the street (saturday am in the market in Sheffield city centre, games being sold by younger teenagers who attract lower sentences) thats money going into some gimps pocket, not into development of games.
I think theres a grey area where I can condone a small illegality to allow bending of the region insanity imposed by sony etc, but still be against doing it for profit.
Fair enough - if you want to play a PS2 game from Japan, you must buy ANOTHER PS2 console.. jerk.
If I have a PS2, and I buy a PS2 game, where is the illegality in that? I think the interviewee is a bit naive if he thinks anybody on the planet would buy the same console twice over. Chipping your PlayStation 2 should be done for this purpose ONLY.
I am, however, in thorough agreement over the pirating viewpoint. If you pirate a game, you are wrecking my future career as a computer programmer. Please don't, because I would deem my 4-year degree course in Computer Science and Software Engineering as a bit of a waste, and that is bad. I might get really angry, and come round your house one day to burn all of your pirated games. Plus, you don't want the guilt of ruining my career playing on your mind for the rest of your life, do you? You will go insane, INSANE I TELLS YA!!
If I have a PS2, and I buy a PS2 game, where is the illegality in that? I think the interviewee is a bit naive if he thinks anybody on the planet would buy the same console twice over. Chipping your PlayStation 2 should be done for this purpose ONLY.
I am, however, in thorough agreement over the pirating viewpoint. If you pirate a game, you are wrecking my future career as a computer programmer. Please don't, because I would deem my 4-year degree course in Computer Science and Software Engineering as a bit of a waste, and that is bad. I might get really angry, and come round your house one day to burn all of your pirated games. Plus, you don't want the guilt of ruining my career playing on your mind for the rest of your life, do you? You will go insane, INSANE I TELLS YA!!
Hi, I think You should do something to the dvd regions, because they dont work! I'm from mexico, I bought the playstation2 on a good qualified department store, so its no pirate, but it doesnt matter, I couldnt see dvd from mexican region 4, just from region1 US so waht could I do!
The only thing, its to wait until SONY makes a non multiregion, just a region changer, because I prefer the mexican version, so I could use blockbuster, than wait to go to usa and buy some stuff! so please do something!!
[email protected]
The only thing, its to wait until SONY makes a non multiregion, just a region changer, because I prefer the mexican version, so I could use blockbuster, than wait to go to usa and buy some stuff! so please do something!!
[email protected]
Films usually come out in America quite a few months before here, but things have changed. Tomb Raider was only released 2-4 weeks before we got it. Jurassic Park 3 is being released over here 2 days after the American Premier. But Swordfish isnt over here I dont think.
Its a weird world for films, TV and video games. Some games take ages to come out over here but then others like Sonic Adventure 2 come out in all the 3 major regions on the same day. We have actually got Extermination before America did even though normally a Japanese release appears over in America first. MGS2 is released in America first. We are also getting GT3 only a week and a few days after our American friends. But The Bouncer has took months to make the trip across the Alantic.
Its a weird world for films, TV and video games. Some games take ages to come out over here but then others like Sonic Adventure 2 come out in all the 3 major regions on the same day. We have actually got Extermination before America did even though normally a Japanese release appears over in America first. MGS2 is released in America first. We are also getting GT3 only a week and a few days after our American friends. But The Bouncer has took months to make the trip across the Alantic.
Tellah wrote:
> Do you know if there are plans to make these 3rd party add-ons illegal too?
I've no idea!
I can understand why they want to make chipping illegal, because of the piracy issue. I see no reason to ban 3rd-party products which allow you to play imports or R1 DVD's though.
If the console companies don't want you to buy import games, they should have global release dates - make everyone wait until the same time. You are actually paying for an import game, so you're not breaking any laws there.
As for R1 DVD's, I feel a similar situation arises. The reason the movie companies don't want you buying an R1 DVD is because it's likely that you won't go and see the movie at the cinema when it's released here.
I read some time ago that the reason we usually (but not always) get films in the cinema months after the US is because they want to save money; they produce a number of master copies, show them in US cinemas, and when the run finishes, they send them to us - saving them money on making thousands more master copies. This would explain why we always get 'spots' and blemishes on films at the cinema. I also believe I've now seen evidence that this is the case: when I saw Tomb Raider in the US last month, there was barely a mark on the film!
I'm all for companies getting their due profits, but this DVD region-coding is just a blatant attempt to screw as much money out of you as they can. As a DVD costs around three times the price of an average cinema ticket, surely they're getting far more money from the DVD than the cinema anyway, so what's the problem? It's just greed.
> Do you know if there are plans to make these 3rd party add-ons illegal too?
I've no idea!
I can understand why they want to make chipping illegal, because of the piracy issue. I see no reason to ban 3rd-party products which allow you to play imports or R1 DVD's though.
If the console companies don't want you to buy import games, they should have global release dates - make everyone wait until the same time. You are actually paying for an import game, so you're not breaking any laws there.
As for R1 DVD's, I feel a similar situation arises. The reason the movie companies don't want you buying an R1 DVD is because it's likely that you won't go and see the movie at the cinema when it's released here.
I read some time ago that the reason we usually (but not always) get films in the cinema months after the US is because they want to save money; they produce a number of master copies, show them in US cinemas, and when the run finishes, they send them to us - saving them money on making thousands more master copies. This would explain why we always get 'spots' and blemishes on films at the cinema. I also believe I've now seen evidence that this is the case: when I saw Tomb Raider in the US last month, there was barely a mark on the film!
I'm all for companies getting their due profits, but this DVD region-coding is just a blatant attempt to screw as much money out of you as they can. As a DVD costs around three times the price of an average cinema ticket, surely they're getting far more money from the DVD than the cinema anyway, so what's the problem? It's just greed.
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