Brit modder convicted

British trade organization ELSPA has announced that a man in England has been sentenced to one hundred and twenty hours of community service for running a “while you wait” modding service.

Stephen Fitzgerald was convicted at Carlisle Crown Court on the Scottish border. He pleaded guilty to nine charges relating to chipping game consoles. His actions were found contrary to the British Copyright Designs and Patents Act 1988 (copyright circumvention offenses).

He was ordered to pay £2,500 towards prosecution costs and subject of a Proceeds of Crime Act (2002) confiscation order for £2,710, to be paid by May 23rd or face three months in Jail.

Fitzgerald, trading as www.mods-and-sods.co.uk, operated a stall at a computer fair held at the Swallow Hilltop Hotel in Carlisle, where he offered to modify PlayStation and Xbox consoles while people waited.  His stall also offered to sell modded PS2 and Xbox consoles.

“We have always believed that ‘chipping’ consoles is a clear criminal offense and the result of this case has confirmed it. This means that people who modify games consoles to enable them to play copied games will now face the full force of criminal law which can lead to substantial fines or even imprisonment,” says Michael Rawlinson, managing director of ELSPA.

So far, Fitzgerald’s case is the first of its kind in the UK.

In other areas of the world, modding is a matter of making things more affordable. Is console pricing also an issue in Europe? Perhaps if Europe were just a bit more up to date when it comes to game and console release dates then gamers there wouldn’t have to resort to looking to “grey imports” and mods to satisfy their gaming needs. Maybe then companies wouldn’t have to sue people who provide people opportunities to play… maybe.

Via Gamasutra

British trade organization ELSPA has announced that a man in England has been sentenced to one hundred and twenty hours of community service for running a “while you wait” modding service.

Stephen Fitzgerald was convicted at Carlisle Crown Court on the Scottish border. He pleaded guilty to nine charges relating to chipping game consoles. His actions were found contrary to the British Copyright Designs and Patents Act 1988 (copyright circumvention offenses).

He was ordered to pay £2,500 towards prosecution costs and subject of a Proceeds of Crime Act (2002) confiscation order for £2,710, to be paid by May 23rd or face three months in Jail.

Fitzgerald, trading as www.mods-and-sods.co.uk, operated a stall at a computer fair held at the Swallow Hilltop Hotel in Carlisle, where he offered to modify PlayStation and Xbox consoles while people waited.  His stall also offered to sell modded PS2 and Xbox consoles.

“We have always believed that ‘chipping’ consoles is a clear criminal offense and the result of this case has confirmed it. This means that people who modify games consoles to enable them to play copied games will now face the full force of criminal law which can lead to substantial fines or even imprisonment,” says Michael Rawlinson, managing director of ELSPA.

So far, Fitzgerald’s case is the first of its kind in the UK.

In other areas of the world, modding is a matter of making things more affordable. Is console pricing also an issue in Europe? Perhaps if Europe were just a bit more up to date when it comes to game and console release dates then gamers there wouldn’t have to resort to looking to “grey imports” and mods to satisfy their gaming needs. Maybe then companies wouldn’t have to sue people who provide people opportunities to play… maybe.

Via Gamasutra