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British ‘While You Wait’ Chipper/Modder Convicted

Stephen Fitgerald offered a while-you-wait chipping/modding service at computer fairs contrary to the U.K. Copyright Designs and Patents Act 1988 (copyright circumvention offences). He offered pre-chipped consoles and/or would install copy-protection and region-code defeating chips in PS2s and Xboxes while customers waited.

After pleading guilty, he was sentenced to 120 hours of community service, ordered to pay £2,500 towards prosecution costs and was subject to a confiscation order for £2,710 under the British Proceeds of Crime Act (2002). He has until May 23, May 2007 to pay-up, or face three months in jail. The maximum penalty is two years in prison and an unlimited fine.

Dale's Comment: Gamasutra characterized this case as being "in stark contrast" to Australia's recent legalization of region-code defeating mod-chips. While Australia did make it legal for users to mod game consoles to defeat region-coding, Australian has not made it legal to install chips to defeat copy protection systems. 

Sources: Hexus | PC Pro | Gamasutra | This is Lancashire | News&Star 

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British Man Jailed For Mod Chip Possession

David Hoang, 43, of Essex in south east England has been sentenced to 18 months in prison for being in possession of modified games console chips. While banned in Britain and the United States, several countries, including Australia, Italy and Spain, permit the use of mod chips for importing region-coded games that may be delayed or never released in a country. Mod chips often, but not always, also permit the play of pirated games.
 
Sources: Gamasutra  |  GameIndustry.biz  |  Hexus  |  Press Start Online  |  virgin.net  |  iafrica.com

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Ice Cream Pirate Sentenced in Scotland

William Agnew, aged 50, of Hamilton in central Scotland, was sentenced to 200 hours of community service after admitting to trademark offences. 4,000 pirated DVDs, CDs and games on PlayStation, Xbox and PC platforms were seized during the raid on Agnew’s business premises. Agnew was known to sell the goods from his ice cream van.

Source: Gamasutra  |  Engadget

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Maryland Video Game Pirate Sentenced

Biren Amin, owner of Pandora’s Cube, is: (i) sentenced to five months in prison, (ii) sentenced to three years of supervised release, including 5 months of house arrest, (iii) fined $$247,237.05; and (iv) ordered to complete 80 hours of community service, for copyright infringement and DMCA violations.

Sources: Xbox Solution | Next Generation | CNet | ESA Press Release

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Pandora’s Cube Pirate Sentenced

The U.S. District Court for the District of Maryland hands out a four-month jail sentence to an employee of Pandora’s Cube, a major retailer of pirated software and modified consoles in the Washington, DC area.

Sources: Next Generation | ign.com | Gamespot | Team Xbox | Softpedia

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Xbox-Modding Retailers Plead Guilty to DMCA Violations

Several retailers in Maryland have pleaded guilty to selling modified Xboxes, called “Super Xboxes” by the group, thereby violating the Digital Millennium Copyright Act. The maximum penalty for first-time violators of the DMCA is five years in prison along with a $250,000 fine.

Source: Gamasutra
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