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Sony Crushes UK PS2 Mod Chip Developers

Posted by Hemos on Thu Jan 24, 2002 09:13 AM
from the got-their-day-in-court dept.
SukebePanda! writes "UK mod chip developer Channel Techonology finally had their day in court with Sony, and lost big time. This judgement could have far reaching implications, with the judge implying that even playing original imports was illegal. This also wipes out any chances of seeing home brewed software on the Playstation 2 anytime soon, as well. "
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  • Sweet Day for X-Box by z84976 (Score:1) Thursday January 24 2002, @09:17AM
    • Re:Sweet Day for X-Box by yatest5 (Score:2) Thursday January 24 2002, @09:21AM
    • Re:Sweet Day for X-Box by JimPooley (Score:3) Thursday January 24 2002, @09:41AM
      • Re:Sweet Day for X-Box by mvanhorn (Score:3) Thursday January 24 2002, @09:53AM
      • Re:Sweet Day for X-Box by Zara2 (Score:3) Thursday January 24 2002, @10:02AM
      • Re:Sweet Day for X-Box (Score:4, Insightful)

        by Jace of Fuse! (72042) on Thursday January 24 2002, @10:06AM (#2894238) Homepage
        And all consoles follow the Gillette model. Sell them the razors, and they'll buy the blades from you for years to come.

        That highly spread misconception really annoys me. First off, it's not ENTIRELY true.

        Everyone likes to think game consoles manufacturers make ALL of their money on software sales, and ALWAYS take a loss on the system. It quite simply isn't all there is to it.

        Normally when a system debutes all of the real profit comes from software sales, this is true. The system still "Costs" more than it sells for because the R&D revenue hasn't been made back. The first two years of console sales tend to make that back. After that, continued sales tend to lean more and more towards the profit side, simply because the costs of manufacturing fluctuates and most companies that make a whole lot of something are constantly trying to cut costs in one form or another.

        So while software sales ARE the most important factor in the end, the company STILL generates a lot of it's revenue from hardware sales as well because when selling systems you also get the bonus of selling controllers and accessories which have very high profit margins.

        If console manufacturers didn't make profit on the consoles, there wouldn't be any console manufacturers. They would ALL be concentrating on software like Sega did.

        It took two consecutive lost battles (32x and Saturn) to weaken Sega enough that they were in a state to give up so quickly on the Dreamcast. Had they been able to endure another year, they could've easily been profitable while making consoles. However, with the Gamecube and XBox adding to the Playstation 2 threat, Sega didn't have much hope.

        But don't think it's because there's no money in hardware, that simply isn't true. There's PLENTY of money in hardware, even Nintendo claims they never take a loss on hardware sales (though that's hard to believe considering the Gamecube only costs $199). I think it simply stands true that while there is money in hardware, there is MORE money in software, and that will probably always be the case.
        [ Parent ]
      • Re:Sweet Day for X-Box by sql*kitten (Score:3) Thursday January 24 2002, @10:16AM
      • Re:Sweet Day for X-Box by Grahf (Score:1) Thursday January 24 2002, @11:22AM
      • Re:Sweet Day for X-Box by mpe (Score:2) Friday January 25 2002, @11:11AM
      • 2 replies beneath your current threshold.
    • Re:Sweet Day for X-Box by einer (Score:1) Thursday January 24 2002, @10:05AM
      • 1 reply beneath your current threshold.
    • Re:Sweet Day for X-Box by 1984 (Score:1) Thursday January 24 2002, @10:14AM
    • Not so much, really by GMFTatsujin (Score:1) Thursday January 24 2002, @11:06AM
  • Huh? (Score:3, Insightful)

    by cavemanf16 (303184) <cavemanf16&gmail,com> on Thursday January 24 2002, @09:18AM (#2893979) Homepage Journal
    So why is PS2 letting us fiddle with Linux based PS2's if no one is allowed to modify the normal PS2? Who is it hurting if I purchase one extra game from overseas and play it with a mod chip attached to my US PS2? Oh that's right, it makes baby DMCA cry.
    • Re:Huh? by cavemanf16 (Score:1) Thursday January 24 2002, @09:24AM
    • Re:Huh? by JoshMKiV (Score:1) Thursday January 24 2002, @09:31AM
    • Free trade. (Score:5, Informative)

      by Convergence (64135) on Thursday January 24 2002, @10:12AM (#2894278) Homepage Journal
      THe whole reason for this is to prevent free trade.

      If you can partitian a market, to the level of world regions, countries, states, cities, or even individuals, then you can always charge more.

      These artificial price distinctions allow 'value based pricing', where the price paid for a good is the same as its percieved value. As there is (at least some) free trade, producers of goods cannot do that. They must sell at a uniform price, for otherwise, people will just ship the goods from where they are cheap to where they are artificially expensive. This makes economic sense, because it insures that goods will be sold closer to their marginal costs of production.

      Thats the real reason for region coding, to artificially partitian the world market so-as to sell goods for inflated prices.

      Its also the reason that manufactures don't liked used goods. Because used goods also threaten those artificially inflated prices. Because 'the new economy is different', they've managed to shut down used software.

      Every mod chip that allows goods to cross these partitians is an attack on their artificially inflated prices. And thus they at least wish for that to be illegal.
      [ Parent ]
  • This is a good thing by RC514 (Score:1) Thursday January 24 2002, @09:18AM
  • by yerricde (125198) on Thursday January 24 2002, @09:19AM (#2893984) Homepage Journal

    The technical reason for the decision being based upon the fact that a game that is run without permission makes a copy of copyright material in memory, this copy is 'infringing' because it is an unauthorized copy argued Sony. Basically, this 'controversial' statement made it illegal to play games purchased from abroad.

    Nice try, but unlike United Kingdom copyright law, United States copyright law would consider this a fair use of the copyrighted work. According to 17 USC 117 [cornell.edu]:

    Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided: that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner

    This paragraph was passed specifically to reject copyright owners' "Copying the program into RAM is infringing; therefore, EULAs are binding" argument.

  • DVD Region Code? by don_carnage (Score:1) Thursday January 24 2002, @09:19AM
  • Bad idea by Archie Steel (Score:1) Thursday January 24 2002, @09:19AM
  • Hmmm (Score:5, Insightful)

    by ZaMoose (24734) on Thursday January 24 2002, @09:21AM (#2893991) Homepage
    Why can't I legally play an imported PS2 game (which I probably paid a goodly premium for) on a modded PS2? I've voided my warranty if I mod the PS2, Sony still gets their money from the original software sale, the reseller gets their money from the sale to me, and I get to try to decipher the hirigana and kanjii in a vain attempt to understand just what the heck it is I've bought. Seems like everyone gets what they want in this circumstance.

    Now, modding my PS2 to play CD-R games is a bit of a different matter. Most of the games are coming out on DVDs these days, anyways, so I don't know how big of an impact this would have.
  • Say what? by J.A. Lizzi (Score:1) Thursday January 24 2002, @09:23AM
    • 17 USC 117 by yerricde (Score:1) Thursday January 24 2002, @09:31AM
    • Re:Say what? by 91degrees (Score:1) Thursday January 24 2002, @10:39AM
    • Nonsense by _avs_007 (Score:1) Thursday January 24 2002, @12:42PM
    • 3 replies beneath your current threshold.
  • Relocate? by Carbon Unit 549 (Score:1) Thursday January 24 2002, @09:25AM
    • Re:Relocate? by Lewisham (Score:1) Thursday January 24 2002, @09:31AM
    • 2 replies beneath your current threshold.
  • Modchips and Homebrew.. by motardo (Score:1) Thursday January 24 2002, @09:26AM
  • Sony Products by iamjim (Score:1) Thursday January 24 2002, @09:26AM
  • DVDs and the ruling (Score:3, Interesting)

    by Master Of Ninja (521917) on Thursday January 24 2002, @09:28AM (#2894038)
    This actually sounds quite bad for importing DVDs. It states that imported PS2 games are illegal to play in the UK. It claims this as it makes an unauthorised copy of the game in memory. I'm sure that if you really wanted this could be stretched to include DVDs (as the article says). As IANAL, I am wondering if this ruling could be taken as legal precedent? Hopefully this bit can be overturned soon.

    Another thing I'm wondering about it copying data to memory can be considered "illegal copying". If this is the case for imported games, I do not see how this would make it "not illegal" (for lack of a better phrase) to load PS2 games of your home region (as it is still copying). As "copying" is an integral function of all consoles, I'm wondering what unexpected side-effects there will be. I think the whole thing is a minefield, and the sooner we get a knowledgable expert posting here the better. The whole thing about licensing only for a certain region bothers me - I really can't see why we're not allowed to play import games (or DVDs). OK, its their technology, but still there is "fair use". Hopefully the EU can check into this as well when it's doing its investigation of the legality of DVD regions.
  • UK courts foul up again (Score:5, Insightful)

    by Lewisham (239493) on Thursday January 24 2002, @09:28AM (#2894040)
    It's a typical judgement for the UK courts to rule to the absolute letter in cases such as this. Problem is, the judges don't appear to have a firm grasp of the implications caused by these rulings. Most law has always been one step behind technology, but the problem we have now is that tech is a truly global market.

    Marketing suits have been trying for years to stifle shopping internationally, in case people begin to realise that their countries are being screwed in comparison to others. This case affects games importing (because we aren't allowed to buy what we want say the suits) but DVDs as well (because it would absolutely *crush* the movie sector, say the suits) and anything else the marketing guys want to stifle. It's not like dealing contraband, it's off-the-shelf products.

    My worry is that this trend will continue, even though it, in some cases, directly contravenes law. Here in the UK, our car prices are drastically higher than on the continent, and certain car manufacturers make it very difficult to buy your car abroad. This is despite the face the EU trade laws explicitely say otherwise. If companies are flauting the *law*, how exactly can we stop them?
    • Re:UK courts foul up again by cowbutt (Score:2) Thursday January 24 2002, @10:33AM
    • Re:UK courts foul up again (Score:5, Insightful)

      by Nemesys (6004) on Thursday January 24 2002, @11:06AM (#2894619)
      This is an outrageous misrepresentation of
      Mr Justice Jacobs.


      I was present in the courtroom (I'm the Martin
      mentioned on Channel's website), and the judge
      was extremely skeptical of Sony's claims,
      as he knew that the technology could be used
      to prevent fair uses and the development of
      PS2 games by people who couldn't licence Sony's
      system.


      The judge had a perfect grasp of the implications
      of the rulings, and made sure that Sony couldn't
      stifle people from talking about the case or
      about the chip, and prevented Sony from getting
      the bank details of the people who had ordered
      the chip.


      Do you expect the judge not to apply
      the law?

      [ Parent ]
    • Car manufacturers by LoonyJetman (Score:1) Thursday January 24 2002, @11:24AM
      • 1 reply beneath your current threshold.
    • Re:UK courts foul up again by jimbob2222 (Score:1) Thursday January 24 2002, @05:42PM
    • 1 reply beneath your current threshold.
  • Company's rights of Consumers by jordan_a (Score:1) Thursday January 24 2002, @09:28AM
  • The reason this is done by Anonymous Coward (Score:1) Thursday January 24 2002, @09:28AM
  • What I don't understand (Score:5, Interesting)

    by Anonymous Coward on Thursday January 24 2002, @09:29AM (#2894047)
    If I buy a PS2 game (or CD, DVD, whatever), and it is illegal for me to make a backup copy, shouldn't I be allowed to get the disc replaced for free if/when it becomes scratched to the point of being unusable?

    After all, if I buy a license for a piece of software, I retain the rights use that software for an unlimited amount of time.
  • Just one opinion (Score:3, Interesting)

    by chill (34294) <Charles.E.Hill@gmail.com> on Thursday January 24 2002, @09:29AM (#2894051) Homepage Journal
    According to this link [slashdot.org], Australia is moving in the opposite direction. No, it isn't about mod chips -- it is about the legality of region encoding DVDs. This would have interesting implications as legislators were talking about "zoned" DVD players being illegal. I don't know how it turned out.
  • Very Low Damages by zerosignal (Score:1) Thursday January 24 2002, @09:30AM
  • "copy of copyright material in memory" by JazzManDRP (Score:2) Thursday January 24 2002, @09:33AM
  • What did we expect? by maeka (Score:1) Thursday January 24 2002, @09:34AM
  • Japanese games and backups (Score:3, Insightful)

    by gpinzone (531794) on Thursday January 24 2002, @09:34AM (#2894085) Homepage Journal
    Stop, stop, stop. While I believe there are people who legitimately want to play Japanese games and backups using their mod chips, this isn't what the overwhelming majority of people intend to do with it. The real reason these devices are popular is because people want to play some mediocre game, but don't want to shell out $50 for it. Considering that Sony DOES make a profit on the console, mod chips are a great way to keep pumping the numbers of PS2s out there. MS has already tipped their hand with the HomeStation. It's not about games anymore, it's about whose hardware is in the most homes. If successful, they could end up driving PS2 sales down.
  • I have yet to see a license agreement cover this.. by technopinion (Score:1) Thursday January 24 2002, @09:34AM
  • In Europe? (Score:3, Interesting)

    by sluggie (85265) on Thursday January 24 2002, @09:34AM (#2894089)
    Hmmm strange that this happens in the UK.

    I could imagine that an american court ruled like this.
    Why? Well here in Europe the majority of software/hardware producers go by the good spirit of "If you buy it's yours, if you modify/brake it it's your problem"

    What is a PS/2 good for if can't modify it to my needs?
    If enough people think like this Sony just cut it's own flesh...
    • Re:In Europe? (Score:4, Insightful)

      by liquidsin (398151) on Thursday January 24 2002, @09:50AM (#2894163) Homepage
      Isn't crap like this covered in the warranty? Like, if you screw with it, you void the warranty. It's the same as GM telling me that if I decide to put an aftermarket stereo in my car then it's my own problem if it shorts out the whole electrical system. They don't really care what I do to the car because they're no longer obliged to fix it for me once I've voided the warranty. If I'd been warned before purchasing my PS2 that even though I *purchased* it, I had no right to do with it as I saw fit, I probably wouldn't have bought it. This isn't about software or IP or any sort of difficult grey area, this is a tangible product. I buy it, I own it. That's how it's always been, and I don't see how they can change that.
      [ Parent ]
    • But not in America by yerricde (Score:1) Thursday January 24 2002, @09:51AM
    • Re:In Europe? by JazzManDRP (Score:1) Thursday January 24 2002, @09:57AM
      • Re:In Europe? by mpe (Score:2) Friday January 25 2002, @09:41AM
      • 1 reply beneath your current threshold.
  • Smart Judge (Score:4, Insightful)

    by RichMan (8097) on Thursday January 24 2002, @09:34AM (#2894091)
    I can't read minds. This to me looks like the Judge actually favours the rights of end consumers to use purchased goods any way they like. Granted the judgement in this case goes the other way, but the judge is hampered by existing laws and must rule as they say. This is an overly strict reading of the laws and most of us are cringing. I think that is what the judge wanted.
    It looks like a T-ball setup for a great public outcry and movement to get the politicians off their buts and give back some rights to end users. Or maybe just a great appeal case to go up the judiciary path. The quicker this judge makes his ruling the quicker it gets up the appeal path.
    • Re:Smart Judge by Anonymous Coward (Score:1) Thursday January 24 2002, @11:43AM
    • Re:Smart Judge by Lamron (Score:1) Thursday January 24 2002, @01:38PM
  • What if you move? by Ami Ganguli (Score:2) Thursday January 24 2002, @09:35AM
  • fair use by Stochi (Score:2) Thursday January 24 2002, @09:36AM
    • Re:fair use by mpe (Score:2) Friday January 25 2002, @10:50AM
    • 1 reply beneath your current threshold.
  • Slashdot Hivemind by JimPooley (Score:1) Thursday January 24 2002, @09:38AM
  • this isn't about (Score:3, Insightful)

    by Gehenna_Gehenna (207096) <<cavanetten> <at> <gmail.com>> on Thursday January 24 2002, @09:40AM (#2894115) Homepage
    keeping people from playing games, it's about keeping people from illegally pirating games. True, many people in the Slashdot community have the respect for the artists and companies involved in video game production to pay for the games they play, and curcumvention devices such as mod chips are used as GOD intended, to view the work in it's original Japenes, etc.
    Unfortunately, illegal copyiers force companies like SONY to take these steps to protect the profits of their company and the artisits that produce games. I am unahppy that this action was necassary, but untill the piracy stops SONY and others will take steps like this to keep it to a minimum.

    Just my 2 cents.
  • Realize that PS2 is Sony's Closed Architechture by KwamiMatrix (Score:1) Thursday January 24 2002, @09:44AM
  • The Funny Thing is .... by Ransom342 (Score:2) Thursday January 24 2002, @09:45AM
  • I don't get this... (Score:5, Insightful)

    by Em Emalb (452530) <ememalb@NOspAM.gmail.com> on Thursday January 24 2002, @09:46AM (#2894142) Homepage Journal
    from the website: 'Judge Jacob stated that Sony licensed games for the territory that they were issued, the licensing of these games did not allow for their use in other territories, therefore whether they were imported for private and domestic use by personal purchase for instance via the internet, or purchased abroad on holiday, they were not allowed by Sony to be played outside of the licensed territory, this argument should be upheld.' Ok, so now I am not allowed to leave where I live and play my games where I travel to? I don't understand this. Maybe I am just being dense, but could someone please show me where it says you aren't allowed to move somewhere and play your game? Also, how big are these territories he's talking about? Anyone? Bueler?
  • what about PS1? (Score:5, Insightful)

    by ilsie (227381) on Thursday January 24 2002, @09:49AM (#2894159)
    This also wipes out any chances of seeing home brewed software on the Playstation 2 anytime soon, as well.

    PS1 has the largest installed userbase of any console in the world, besides game boy.

    Mod chips for the PS1 cost almost nothing, are widely available, and are installed in many units.

    The Yaroze was released in the US by Sony- essentially a PS1SDK.

    There are countless emulators for the PS1, allowing you to play burned and/or copied software on your computer

    Despite all this, I don't think I've ever seen a homebrew PS1 game, ever. Has anyone else?
  • Wow, that's tough ... or not by karb (Score:1) Thursday January 24 2002, @10:01AM
  • a more important point, for me anyway. by raindog151 (Score:1) Thursday January 24 2002, @10:04AM
  • Upcoming Region Licence Battle by FamilyGuy (Score:1) Thursday January 24 2002, @10:09AM
  • This is so much BS by buckrogers (Score:2) Thursday January 24 2002, @10:19AM
  • PlayStation2 can't play PlayStation2 games! by Anonymous Coward (Score:1) Thursday January 24 2002, @10:20AM
  • Imports? Nah... by Psx29 (Score:1) Thursday January 24 2002, @10:21AM
  • RAM (Score:3, Insightful)

    by rootmonkey (457887) on Thursday January 24 2002, @10:23AM (#2894343)

    The technical reason for the decision being based upon the fact that a game that is run without permission makes a copy of copyright material in memory, this copy is 'infringing' because it is an unauthorized copy argued Sony.


    So its ok to have the imported game, but the act of loading the game into the PS2's RAM is where the actual illeagal copying occurs. So I can make n copys and distribute them to all my friends, but the "real" copying (and infringement) doesn't occur until the disc is copied once more, but this time into the RAM of the PS2. Isn't this just semantics. This doesn't make sense.
  • Does Xbox have this nonsense? by Rude Turnip (Score:1) Thursday January 24 2002, @10:30AM
  • Wait a goddamn minute. by Da w00t (Score:2) Thursday January 24 2002, @10:30AM
  • More from Gazza: (Score:5, Informative)

    by Marcus Brody (320463) on Thursday January 24 2002, @10:38AM (#2894438) Homepage
    Got this from Gary (aka Gazza) before ruling:

    Due to recent legal proceedings by Sony towards our sale of the 'M' chip we have decided to remove it, and all Sony related devices from the website.
    We were eager to promote this device, which arguably had a legal side (we may still yet have to fight on this, depending on their actions). Our main argument (which is received from reading court actions of something similar), was to be that the 'M' could in fact play imported games, this is a GOOD argument, and although we possibly should have been more restricted in advertising it's other capabilities. The rest of the argument is that because our eastern colleagues do not have access to (and SONY would never give) their patented media-authoring technology, they could not make something that could decipher the media. Therefore, if the original imports played, everything else played... it was just part and parcel of the design. You know, there was even an exerted effort to make sure the Playstation 2 logo remained running on the console when loading games. It was thought this was a 'complimentary feature' and the developers actually wrote code that ensured the logo remained intact, although other modchip developers had blatently completely removed it !
    To clarify the statement about the control system above, here's an explanation:
    Sony have a system running in the PS2 console that detects when a media is both non-licensed, and also which country it arises from. In the case of their licensed media (territorial lockout, and in the PSX known as the SCEA WIZ Code). It is currently unknown by ourselves as to what this system is called in the PS2. There are some interesting things to look at with this system, because of some factors:
    A) Sony do not allow anyone to use this system, and therefore because it is patented, the use of the detection technology is unlawful. In the case of Bleem (emulator software) that won legal standing, it appears that they could not implement region or copy protection control into their software, because Sony did not allow them to use the patented technology. Therefore, Bleem software actually ran copied software and imported games because it had no control system used to stop this. So where is the circumvention (which is exactly what it is in basis) in context ? inside the machine, outside the machine, in the electronic guts of the console, or on the disks themselves ?
    Looking closely:
    It becomes obvious that the territorial and licensed media information is actually on the game disks themselves (otherwise the console will not be able to recognize the difference between disks), so if a software is allowing the import, and non-licensed versions to run, then the system on the disk MUST have been defeated ?
    B) In the case of manufacturing a modchip device to play imported games, the fact that the region / copy control is defeated in the same case, it is not possible to have one without the other. Therefore, similar to the case of Bleem, the technology to control this system is not available, and even if were available, is not possible to use due to patent laws and Sony holding this close to their chest. So end result = same as Bleem, the whole kit and kaboodle must play, because you are 1) not allowed to use the technology, or 2) you use a workaround the patented control, but then lose the ability to define any control parameters.
    C) To look a little closer:
    Datel & Gameshark produces software that runs on the PS2. When this software runs, it produces a disclaimer of the following: 'this product is not licensed blah blah blah' (cannot remember exactly what !). Anyway, this is unlicensed software running on the console, so how is it done ?
    If it is running, then it must have defeated the consoles control system ? (this time within the console), it certainly is not licensed, therefore does it break rules, or simply bend them ?
    We know EXACTLY how Datel fools the console, and make it think it's software is a 'legal' media ('legal' as in a technical form, 'illegal' being one that is not allowed). Sony have tried to counter-act the loading of Datel disks on subsequent releases of their console models, but Datel have reverse engineered this and usually within a few weeks have produced a 'compatible' version.
    Now look at all that has been written above, and start to analyze what you find:
    A) Bleem plays imported and unlicensed software, therefore it defeats (or shall we say 'ignores') the control system implemented within the disks from Sony.
    B) Datel & Gameshark disks play on the PS2 console (and are unlicensed), therefore they defeat (or shall we say 'ignores') the control system implemented within the console from sony.
    So, we must now look at the 'M' and take into context with the information given above (we'll call it 'C')
    C) Messiah plays licensed and unlicensed software, therefore it defeats (or shall we say 'ignores') the control system implemented within the disks from Sony, OR it defeats (or shall we say 'ignores') the control system implemented within the console from Sony ?
    When you start to try to get your brain wrapped around what's written above, it can become completely confusing, but there are grey area's of legal matter that must be answered:
    Does the 'M' actually defeat BOTH systems?, and IF NOT, does it then become any more illegal (or legal) than those products stated above ?
    THE ANSWER IS: NO !
    'M' defeats ONLY the consoles control systems, therefore it can be deemed to be akin to the Datel / Gameshark in its way of working. Of course, he Datel / Gameshark disk are the ONLY disks that load directly from the defeat (lucky them), so it appears that this defeat of the system can be 'overlooked' conveniently !
    technically, the ways of owrking are completely different, but in context with the 'end reasult', we are merely stating that the 'M' fools the console, and so does the Datel and Gameshark to attain it's desired results, and this 'foooling' is the requirement of defeating the control system. (or protection).
    (But its interesting to see that these disk from Datel / Gameshark are quite easily 'upgraded' to provide the necessary functions with such as simple item as a paperclip, knife or a credit card): some interesting links given below:
    http://www.ps2ownz.com/cardswap.htm
    http://www.ps2ownz.com/paperclipswap.html
    http://www.ps2ownz.com/cogswap.html
    The above methods used by those that seek an expanded result from the defeated control system.
    It should be noted, that with all the above, the control system on the game disks from Sony still remains intact.
    It's interesting to think on a few matters:
    Channel Technology have NEVER sold a pic-type modchip of the type such as for instance (take a NEO 2) for the PS2. This by far is probably the most popular brand of modchip, and sites all over the internet sell them without hinderance. There must be millions of these devices sold throughout the world, and the software for such devices (hex code), is freely available for download. (their purposes clearly explained where Subsequently, the sale of Datel & Gameshark Software rocketed because of the public's knowledge of their unison.
    (using a pic-mod with Datel software = Interesting results). The end result of this unison is of course, playback of unlicensed media. Although there are 'millions' of these devices on sale, and we never sold any of them, we are apparently deemed 'more culperable' because our version did not need a disk-swap.

    SHEESH !!!
    Is not the end result exactly the same thing ?
    We could understand a little more if the unison between these two products allowed Imported Games to play, but they DO NOT... FACT, therefore, the ONLY use of a PIC-BASED modchip, is to play Unlicensed Media.. this is a BIG FULL STOP !
    It's interesting to note how a 'level of Technology' now comes into play with the onslaught of Sony against Channel Technology. Although Channel Technology NEVER contributed ONE single pic-based modchip to the millions in use on PS2 consoles throughout the world, the one Professional design in the world that allowed legal playing of Imported Original games, and gave improvements such as full screen playback on these, and also took care to leave the copyrighted logo in place in the machine, is the one that stirs the mighty wrath of the giant Sony Corporation to see an end to it even before release, and will probably end the Channel Technology business.
    Is it a fair world we live in ?
    As proprietor of Channel Technology, I have to say a big NO to that question. I sat by here and NEVER became involved in the mass sales of these crappy 'pic-based' mods that were being advertised as 'play your CDR backups' and were flooding the world etc. and watched the world go by without becoming a part of this. If we were to bring forward a design, it would be a technically CORRECT design, that MUST play original imported games. (Our BM3 design was capable of playing imported PSX titles (a first on PS2), but the PS2 titles capabilities were not to come until developed by our eastern colleagues).
    Moving on to a slightly altered topic, let's look at the scenario of someone who has a modified 'M' machine, and compare it to someone who has a modified NEO 2 Machine, with a Datel Action Replay disk, and these people are going to 'possibly' break the law by running pirated software:
    Firstly the 'M' machine:
    Human being has modified machine, wishes to play duplicated software. He may A) obtain a copy, or B) produce a copy himself.
    If he travels road A), there is argument that he has bought pirate software, BUT, he HAS NOT defeated the control system on the disk himself, therefore there is argument that if he were to say purchase a HK Silver game (pressed disk manufactured in a factory), although he may well have bought a pirate disk (NOT ALL HK SILVER DISKS ARE PIRATE, THERE ARE MANY SLIDE-SHOW (XXX Rated) TITLES AVAILABLE FROM ASIA THAT ARE HK SILVER PRESSED DISKS THAT RUN ON THE PS2), he has NOT defeated the copy protection himself, therefore does not contravene any laws (such as section 296 of the Copyright, Patents and Designs act).
    If the human produces a copy himself (using a cd-writer), then he MAY have infringed the law (This is not solid-set, and the law changes between different countries of the world). The UK laws state that 'where necessary', it is allowed that ONE backup of software be allowed.
    This 'where necessary' clause can be deemed to be a little wide. For instance:
    Human lives in the UK, and goes to the USA, and purchases / returns with a licensed game, and he will play on his 'M' upgraded console. BUT, after a few days in the grubby hands of the kids, he notices the disk is suffering. So he decides to make a backup, in the knowledge that he has little chance of obtaining a replacement from the USA as he will not receive 'support' outside the country. Is this now a 'where necessary' situation ?
    But to dig deeper:
    He now has his backup, which he has made under belief of the 'where necessary' clause. He places this backup in the console and 'M' boots the game.

    What is now the scenario ?
    Is 'M' illegal because it is booting a 'where necessary' instance ?
    And if the owner of the 'where necessary' backup tried to boot his 'where necessary' backup on an UN-modified console, would the 'restrictions' imposed by the console actually be denying him of a legal right ?
    Let's go another step further:
    'M' would have had no way of knowing if the 'where necessary' title that was loaded was an original or backup. This is because as mentioned at the very top of this page, the patented technology was not available to it, so it must be asked:
    QUESTION: Is 'M' playing the backup, or is the Human playing the backup ?And further, is the backup actually illegal, or falling under the 'where necessary' clause ?
    The answer is summed in one quotation that I gave once on Messiah-worlds:
    " 'M' does not play pirate software, Humans do" !
    OK, so the human played the backup, and he did this by placing the disk in the tray and it booted. BUT, what happens if its a NEO2 ?:
    Forget all the mumbly-jumbly, lets just look at the human playing his 'where necessary' backup:
    To play with this version of chip, he first needs to load the Datel disk (defeats preliminary control system), and then he will use the NEO 2 to eject the disk tray and place his 'where necessary' backup in and the game will load.

    WHAT is the difference ????, the backup is loaded and is playing !!!!!!!
    Does 1+1 being sold as a package make ANY difference whatsoever ?

    It appears it does, and although millions of 1+1's are on sale, its only the '1's that matter.

    More food for thought:
    Definitions: (in relative context)
    CDR
    (Media that is on recordable disks, can be software developed that will run on the PS2 if modified, this software can be found many places on the internet, and you will come across small game programs, graphics demonstrations, art etc. etc. 'M' will direct boot these without swap.
    DVDR
    The same as above, but a different medium, 'M' will direct boot these without swap.
    BACKUP
    Could be a backup of the above mentioned software (not the original disk). 'M' will direct boot these without swap.
    HK SILVERS
    Factory pressed disk (usually silver bottomed), can be duplications of the software mentioned above, or in fact as seen recently, slide shows etc.
    The 'conception' that HK Silver means 'illegal is totally false. 'M' will direct boot these without swap.
    DVD SILVERS
    Exactly the same as above.
    'M' will direct boot these without swap.
    IMPORTS
    Games / films purchased abroad, but shipped into your resident country. This is not illegal, and neither is the business of importing consoles. 'M' will direct boot these without swap.
    PS2 BACKUPS
    Software written to run on the PS2 operating system, and then 'backed up' from the original disk (many forms of this available on the internet, again, graphics, animations, games etc.) 'M' will direct boot these without swap.
    PSX Backups
    Same as the above, but written for the PSX operating system. 'M' will direct boot these without swap.

    So, when you look at the 'capabilities' of a design on a site, you make sure you understand the exact meanings that can be implied by functions stated.
    Only the Illegally thinking mind thinks illegally !

    'He's NOT the Messiah, and certainly not my savior,
    But I followed him faithfully' !
    (Gazza, 2001)
  • What license? by Sloppy (Score:2) Thursday January 24 2002, @10:55AM
  • Sweet day for Dreamcast... by MsGeek (Score:2) Thursday January 24 2002, @10:56AM
  • What about legally used software i.e. GPL'ed stuff by mungewell (Score:1) Thursday January 24 2002, @10:57AM
  • Lets not kid ourselves by Godzookie2k (Score:1) Thursday January 24 2002, @11:00AM
  • Why can't we do this? by NoMoreNicksLeft (Score:1) Thursday January 24 2002, @11:12AM
  • Relevant newsgroup by BenBenBen (Score:1) Thursday January 24 2002, @11:15AM
  • Hulk? by sporty (Score:1) Thursday January 24 2002, @11:17AM
  • Just like Region Coding w/ DVD by nkuzmik (Score:1) Thursday January 24 2002, @11:23AM
  • Maybe someone can explain by drew_kime (Score:2) Thursday January 24 2002, @11:24AM
  • Bad Idea? Hardly. by matastas (Score:1) Thursday January 24 2002, @11:30AM
  • There already IS homebrew software on the ps2... by oman_ (Score:2) Thursday January 24 2002, @11:42AM
  • This is unfortunate... by MasteroftheVoxel (Score:2) Thursday January 24 2002, @12:02PM
  • No valid EULA on PS2 games by Maul (Score:2) Thursday January 24 2002, @12:02PM
  • What should be done by esper_child (Score:1) Thursday January 24 2002, @12:03PM
  • Does this mean that Alan Cox... by ericlj (Score:1) Thursday January 24 2002, @12:05PM
  • Home Brewed Software by Deltan (Score:1) Thursday January 24 2002, @12:13PM
  • I hate to troll, but ... by MuMart (Score:1) Thursday January 24 2002, @01:06PM
  • The part that really sucks by MrResistor (Score:2) Thursday January 24 2002, @01:28PM
  • No homebrew? Come on... by mactari (Score:1) Thursday January 24 2002, @01:33PM
  • Bummer, was hoping for "home" dev kit for PS2 by Tapout1151 (Score:1) Thursday January 24 2002, @02:24PM
  • UN Declaration of human rights by cadallin451 (Score:1) Thursday January 24 2002, @02:46PM
  • no more import dvd's for us brits! by Markus_Warren (Score:1) Thursday January 24 2002, @02:47PM
  • Funny people think that balance will change. by zoftie (Score:1) Thursday January 24 2002, @04:01PM
  • Huh? Cheesecake? by sprayNwipe (Score:2) Thursday January 24 2002, @04:37PM
  • Anti Mod Measures by Sony by pclinger (Score:1) Thursday January 24 2002, @05:22PM
  • Likely overturn on appeal? by Jelloman (Score:1) Thursday January 24 2002, @09:42PM
    • 1 reply beneath your current threshold.
  • Re:??? by iamjim (Score:1) Thursday January 24 2002, @09:29AM
    • Re:??? by iamjim (Score:1) Friday January 25 2002, @01:08PM
    • 1 reply beneath your current threshold.
  • Re:HK company again? by Score0, Overrated (Score:1) Thursday January 24 2002, @09:35AM
  • Re:Gotta love the Sony Corporation by technopinion (Score:1) Thursday January 24 2002, @09:37AM
  • Well that my friend is almost impossible. by Western Light (Score:1) Thursday January 24 2002, @09:42AM
    • 1 reply beneath your current threshold.
  • Re:Please hate me by gazbo (Score:1) Thursday January 24 2002, @10:04AM
    • 1 reply beneath your current threshold.
  • Re:Oh, well . . . (Score:3, Insightful)

    by King_TJ (85913) on Thursday January 24 2002, @10:05AM (#2894230) Homepage Journal
    Sony has *always* been big on proprietary devices! What they're doing now with PS2 is pretty consistent with what they've always done.
    Look at their digital cameras, for example. While everyone else in the market standardized on one of two memory cards, Sony had to be different and require their own "Sony memory stick" instead.

    When it comes to camcorders, they do things differently too. Everyone else sells DV capable camcorders that use "DV tape". Not Sony. Instead, they sell DV camcorders using Hi8 tape, and write to it in a proprietary fashion to achieve the same results. (Granted, they allow backwards compatibility *playing* normal Hi8 tape, so you don't feel too non-standard.)

    People who used to sell home and car audio can attest to their tactics too. Quite often, Sony will go out of their way to use a proprietary connector or cable to attempt to lock you into using only Sony authorized accessories.

    They get away with all of this for one big reason; the stuff is good quality. When it comes down to it, Sony sells all manner of electronics and does a damn good job of it. If you try to boycott Sony, you only shoot yourself in the foot at some point. Often-times, they have the best product for a particular item and price-point.
    [ Parent ]
  • Re:too bad by cxvx (Score:1) Thursday January 24 2002, @10:33AM
    • Re:too bad by JimPooley (Score:2) Thursday January 24 2002, @12:05PM
    • 1 reply beneath your current threshold.
  • Re:Sony Boycott? by Pituritus Ani (Score:1) Thursday January 24 2002, @12:50PM
  • Re:Sony Boycott? by zero2k (Score:1) Thursday January 24 2002, @05:57PM
  • 27 replies beneath your current threshold.