[LINK] Xbox, modchips and law vs business model

James Pearce james.pearce@zdnet.com.au
Mon, 21 Oct 2002 14:02:47 +1000


I've been corrected, and thanks for the quotes. My point (rather poorly
made) was that it is already illegal to circumvent copyright protection
devices. So I don't think there's much the government can do in that case.

Anyway, for MS to pull out of Australia would be pointless. A better thing
would be to offer the X-box at non-subsidised prices, rather than pull out
completely. I realise this would fail as a business model.

Viveka was right, few people would particularly car if Xbox wasn't sold in
Australia, except Microsoft.



----- Original Message -----
From: "Lars Gaarden" <larsg@eurorights.org>
To: <link@www.anu.edu.au>
Sent: Monday, October 21, 2002 1:09 PM
Subject: Re: [LINK] Xbox, modchips and law vs business model


> 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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----------
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