Sony divides the international market into three parts: Japan,
the US and the rest of the world. A console bought in one area will
not run games purchased in another area, ensuring regional
control.
According to reports, David Ball sold around 1,500 units of a
mod chip known as the Messiah 2. This could be inserted in a PS2 to
bypass the regional controls, meaning that any region's CD or DVD
would play on a UK console. More importantly for Sony, however, the
chip also allowed a PS2 to play pirate copies of original
discs.
Sony sued under the recently enacted Copyright and Related
Rights Regulations 2003. This implements the European Copyright
Directive that, among other things, adds new protections for
anti-copying technologies and digital rights management.
In particular, the Regulations allow rightholders to take action
against those individuals who circumvent what the law calls
Technological Protection Measures, or TPMs, to make unauthorised
use of copyrighted works. Action, including criminal action, can
also be taken against those who make and distribute equipment
designed to circumvent TPMs.
On Wednesday Mr Justice Laddie ruled that Ball had breached the
Regulations by selling the mod chips. He then upped the ante by
ruling that the use or advertising of mod chips, knowing that they
circumvent TPMs, is also unlawful.
