Sony Computer Entertainment America (SCEA) joined Interactive Dig...
Sony Computer Entertainment America (SCEA) joined Interactive Digital Software Assn. (IDSA) in applauding Canadian DoJ and Royal Canadian Mounted Police for what SCEA called “precedent-setting conviction for the illegal sale and distribution of circumvention devices.” Echoing comments made by…
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IDSA late last week (CED July 22 p3), SCEA said “conviction marks the first time a defendant has been convicted under criminal statutes in Canada for selling modification chips (mod chips).” SCEA Gen. Counsel Riley Russell said: “This is an important case of first impression in Canada. Sony Computer Entertainment America has been fighting circumvention devices like these within U.S. borders for years. We are pleased that our neighbor to the north has recognized the illegitimacy of these devices under applicable law.” Canadian action follows early success that has been made by game industry and govt. in U.S. SCEA said that since U.S. Congress passed Digital Millennium Copyright Act (DMCA) in Oct. 1998, company “has successfully argued that mod chips are illegal circumvention devices under the DMCA in the United States, and the recent Canadian conviction recognizes that such devices violate copyright laws in other areas of the world.” Company said previous recent rulings on mod chip cases in U.S. include: (1) On July 12, defendant Howard Chen of Howie’s Hi- Tech Games in Milpitas, Cal., was preliminarily enjoined under DMCA from selling, advertising, installing or otherwise trafficking in mod chip and game enhancers. (2) On May 24, defendant Rick Oliver was sentenced in U.S. Dist. Court, Omaha, for willful circumvention of copyright protection system for commercial advantage under DMCA. Oliver was sentenced to 7 months of jail time and was ordered to pay $40,000 in restitution to SCEA. (3) On June 9, SCEA obtained summary judgment and permanent injunction against Digital Stuff Inc. of San Jose, Cal., for advertising, distributing, promoting and selling game enhancers. (4) On Nov. 4, 1999, SCEA obtained preliminary injunction against Michael and Carol Chaddon (who SCEA said operated GameMaster Inc. in San Leandro, Cal.), prohibiting them from advertising, distributing, selling or purchasing game enhancers or devices that contain mod chip function. SCEA said it “remains committed to assisting authorities to prosecute manufacturers and sellers of circumvention devices and pirate game products.”