[LINK] Xbox, modchips and law vs business model

[Lars Gaarden]

James Pearce wrote:

> They don't need to change the Trade Practices Act, Sony lost on a
> technicality- which was that the chip was not a copyright device, or
> something of the sort. The next time they go to court they'll call the
> technology something else, and will win the case.


http://www.austlii.edu.au/au/cases/cth/federal_ct/2002/906.html

"118 It follows that the protective devices relied on by the
applicants cannot be regarded as technological protection measures if
the only way in which they inhibit infringement of copyright in
PlayStation games is by discouraging people from copying these games
as a prelude to playing them on PlayStation consoles. It is necessary
for the applicants to demonstrate that the protective devices are
designed to function, by their own processes or mechanisms, to prevent
or hinder acts that might otherwise constitute an infringement of
copyright."

-- 
LarsG

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