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Australian Gamers Claim Court Victory Over Sony

In the culmination of a four-year legal battle, the High Court rejected Sony's assertion that installation of modification chips, or "modchips", that bypass anti-copying hardware in PlayStation consoles was a breach of copyright.
Sydney (AFP) Oct 06, 2005
Australian computer games enthusiasts claimed a major victory over technology giant Sony Thursday when the country's top court threw out a lawsuit aimed at stopping them using imported or copied games.

In the culmination of a four-year legal battle, the High Court rejected Sony's assertion that installation of modification chips, or "modchips", that bypass anti-copying hardware in PlayStation consoles was a breach of copyright.

Law firm Gaden Lawyers, which opposed Sony, said the decision had major implications as it meant that games which were copied or bought overseas could be legally used in Australia.

The firm, which represented modchip installer Eddy Stevens, said Australian gamers currently have to pay premium prices of up to 110 dollars for games which can be bought for a fraction of the price overseas but are unusable in local machines because of regional coding.

Australia's competition watchdog made representions to the court during the case saying the use of regional coding on games and DVDs prevented consumers in the country from accessing competitively-priced goods.

Gadens Lawyers managing partner Michael Bradley said both the courts and the regulator had backed his client's case against Sony.

"Eddy Stevens' win is a win for the everyday consumer," Bradley said. "The judiciary and the consumer watchdog categorically upheld the rights of the little guy against the might of a multinational."

Bradley said the case had implications for other games console manufacturers such as Nintendo and Microsoft.

Sony refused to comment after losing the case.

All rights reserved. � 2005 Agence France-Presse. Sections of the information displayed on this page (dispatches, photographs, logos) are protected by intellectual property rights owned by Agence France-Presse. As a consequence, you may not copy, reproduce, modify, transmit, publish, display or in any way commercially exploit any of the content of this section without the prior written consent of Agence France-Presse.

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