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High Court clears PlayStation modification
Thursday, 6 October , 2005
MARK COLVIN: There are predictions that the price of computer games will fall in the wake of a High Court ruling today.
A Sydney businessman has won a four-year legal battle against the entertainment giant Sony, over his modification of Sony PlayStation consoles so they can play copied games.
The multinational company claimed that Eddy Stevens' "mod-chips" were a breach of copyright, but the High Court justices have unanimously agreed that "playing" and "copying" are two very different actions.
Karen Barlow compiled this report.
(sound of computer game)
KAREN BARLOW: Eddy Stevens inserted devices called "mod-chips" into Sony PlayStations.
Such modified consoles can play games copied from other games, and games from other regions, which have company installed blocking codes.
Aaron Birk is a gamer who uses a mod-chip.
AARON BIRK: A lot of the games that I actually own would be classed as collectibles in the future and, you know, there's always the risk… I'll always look after my games, but there's always the risk that I'll get scratched.
And one day when I get sick of playing games, you know I might want to sell them, but when they're scratched they won't be worth nearly as much as they would be if they were pristine.
So with the modification I'm able to have back ups of those games and play them instead of having to constantly use my originals.
KAREN BARLOW: But the entertainment giant Sony regards the mod-chips as a breach of the Copyright Act and took Eddy Stevens to the Federal Court in 2001.
The businessman won that case, but lost in the subsequent Court of Appeal.
Eddy Stevens then went to Australia's highest court, where Sony again argued that the mod-chips were illegal.
Their case revolved around determining whether protection devices inside PlayStation consoles were "technological protection measures" under Australia's copyright laws.
Sony's lawyers contended such devices protect the company's copyright interests and keeps unauthorised intruders from unlawfully using Sony products.
The High Court justices unanimously agreed that Sony failed to prove PlayStation consoles were defined under the Copyright Act and failed to prove that a mod-chip can copy other games.
Eddy Stevens' senior legal counsel, Nathan Mattock from Gadens Laywers.
NATHAN MATTOCK: From this judgment, mod-chips are legal. From the previous judgements of the Court of Appeal… Federal Court Court of Appeal, mod-chips were held to be illegal, but the High Court now says, 'Go right ahead, you can put them in your machines and they can be used.'
KAREN BARLOW: Can they actually create illegal copies?
NATHAN MATTOCK: No they can't. That was the big… one of the issues that helped Eddy in this case.
The actual infringement of copyright, that is, someone pirating a Sony PlayStation, does not happen because of the mod-chip. The pirating of a PlayStation happens when somebody illegally burns that product.
(sound of computer game)
KAREN BARLOW: But pirated games can be played on modified PlayStations.
Eddy Stevens' lawyer Nathan Mattock says the case has implications for all multinational gaming companies.
NATHAN MATTOCK: This decision allows people to go to other countries, purchase legitimate games where they're cheaper and where the cost of living might be cheaper and get those games and play them here in Australia.
So it really does, I think, open up the possibility that the games might become cheaper.
KAREN BARLOW: But what about emerging games developers?
One such developer, Nathaniel Watkins, says today's ruling has a double-edged sword.
NATHANIEL WATKINS: It's like in all forms of art at the moment, with music and games and with all sort of artistic development, it's really going to start putting the emphasis on the honesty of people.
You know, like if you get hold of a game for free, or you can get hold of a copied game, that's cool, but if you really like it and you get a lot out of it I think it's just a matter of respect to give some money to the people that developed it.
MARK COLVIN: Computer game developer Nathaniel Watkins ending Karen Barlow's report.
article
Thursday, 6 October , 2005
MARK COLVIN: There are predictions that the price of computer games will fall in the wake of a High Court ruling today.
A Sydney businessman has won a four-year legal battle against the entertainment giant Sony, over his modification of Sony PlayStation consoles so they can play copied games.
The multinational company claimed that Eddy Stevens' "mod-chips" were a breach of copyright, but the High Court justices have unanimously agreed that "playing" and "copying" are two very different actions.
Karen Barlow compiled this report.
(sound of computer game)
KAREN BARLOW: Eddy Stevens inserted devices called "mod-chips" into Sony PlayStations.
Such modified consoles can play games copied from other games, and games from other regions, which have company installed blocking codes.
Aaron Birk is a gamer who uses a mod-chip.
AARON BIRK: A lot of the games that I actually own would be classed as collectibles in the future and, you know, there's always the risk… I'll always look after my games, but there's always the risk that I'll get scratched.
And one day when I get sick of playing games, you know I might want to sell them, but when they're scratched they won't be worth nearly as much as they would be if they were pristine.
So with the modification I'm able to have back ups of those games and play them instead of having to constantly use my originals.
KAREN BARLOW: But the entertainment giant Sony regards the mod-chips as a breach of the Copyright Act and took Eddy Stevens to the Federal Court in 2001.
The businessman won that case, but lost in the subsequent Court of Appeal.
Eddy Stevens then went to Australia's highest court, where Sony again argued that the mod-chips were illegal.
Their case revolved around determining whether protection devices inside PlayStation consoles were "technological protection measures" under Australia's copyright laws.
Sony's lawyers contended such devices protect the company's copyright interests and keeps unauthorised intruders from unlawfully using Sony products.
The High Court justices unanimously agreed that Sony failed to prove PlayStation consoles were defined under the Copyright Act and failed to prove that a mod-chip can copy other games.
Eddy Stevens' senior legal counsel, Nathan Mattock from Gadens Laywers.
NATHAN MATTOCK: From this judgment, mod-chips are legal. From the previous judgements of the Court of Appeal… Federal Court Court of Appeal, mod-chips were held to be illegal, but the High Court now says, 'Go right ahead, you can put them in your machines and they can be used.'
KAREN BARLOW: Can they actually create illegal copies?
NATHAN MATTOCK: No they can't. That was the big… one of the issues that helped Eddy in this case.
The actual infringement of copyright, that is, someone pirating a Sony PlayStation, does not happen because of the mod-chip. The pirating of a PlayStation happens when somebody illegally burns that product.
(sound of computer game)
KAREN BARLOW: But pirated games can be played on modified PlayStations.
Eddy Stevens' lawyer Nathan Mattock says the case has implications for all multinational gaming companies.
NATHAN MATTOCK: This decision allows people to go to other countries, purchase legitimate games where they're cheaper and where the cost of living might be cheaper and get those games and play them here in Australia.
So it really does, I think, open up the possibility that the games might become cheaper.
KAREN BARLOW: But what about emerging games developers?
One such developer, Nathaniel Watkins, says today's ruling has a double-edged sword.
NATHANIEL WATKINS: It's like in all forms of art at the moment, with music and games and with all sort of artistic development, it's really going to start putting the emphasis on the honesty of people.
You know, like if you get hold of a game for free, or you can get hold of a copied game, that's cool, but if you really like it and you get a lot out of it I think it's just a matter of respect to give some money to the people that developed it.
MARK COLVIN: Computer game developer Nathaniel Watkins ending Karen Barlow's report.
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