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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.
I hope these do not become illegal, as it is the only option for playing my favourite (US exclusive) games.
I use an action replay add-on with my PS1 to play my imported games. It happens to play copies (although I don't have any), and if they removed this functionality from the add-ons I think these should remain legal.
Do you know if there are plans to make these 3rd party add-ons illegal too? It's all very well making chipping a criminal offence, but I know that the neo2.2 mod chip is available as a USB add-on 2 now!
Wòókiee Møn§†€R wrote:
> I don't agree with region coding on games or DVD's.
If it
> appealed to me, I *would* consider chipping for legitimate import
> games, and/or R1 DVD's.
However, I don't like the idea of putting
> a chip in either my £299 (when I bought it) PS2 or my
> £750 DVD player. I know people do it and have no problems,
> but I just don't fancy it.
If it appealed to me, I *would* consider chipping for legitimate import games, and/or R1 DVD's.
However, I don't like the idea of putting a chip in either my £299 (when I bought it) PS2 or my £750 DVD player. I know people do it and have no problems, but I just don't fancy it.
They should allow multi-region chips, but not chips that play copied games. It's as simple as that.
It is utter BS to expect people to buy foreign machines for foreign games! I'll explain:
For a start, you get these import machines on the grey markets (the same people that sell import games and create the mod-chips). That is unless you want to go to US or Jap to get it.... In which case, I can't believe he's expecting people to fiddle around with high voltages trying to wire the machine up to a step-down transformer + fiddle with the insides to get a suitable video-out. No thanks.
Terry Anslow:
>Advertising a multi-region enhancement for the console is just stupid language for saying counterfeit discs!
I've just bought the region X for the PS2 purely for multi region DVDs. I would buy a chip that plays multi region games for the same purpose. It's the same thing.
What do you think?
I am a 15 year old lad and dont have the money to go buying a japanese as well as my pal ps2. But i want to play usa and jap games on my console because of the earlier release dates.
Now you may say "if you cant afford a jap ps2 then you'll have to wait until the games are released over here to play them" but I shouldnt have to do that anyway.
Have the americans or japs done something so special that they deserve to get games earlyer than us europeans?
As soon as chipping ps2 becomes common place I will be getting mine chipped, not for copies but for purely playing imports.
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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. :-)
-----
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.