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FIRST EVER CHIPPING
CONVICTION IN UK
Copyright 2005 ELSPA
[ July 5th 2005 ]
A 22-year-old
Cambridge graduate today has become the first
ever individual in the UK to be convicted for
the illegal modification of video games consoles
at Caerphilly Magistrates Court.
The offender
had developed a new method of modifying Microsoft
Xbox consoles, discovered in October 2004 by ELSPA's
Internet Investigator, who then informed Caerphilly
County Borough Council Trading Standards and Gwent
Constabulary. He sold the consoles, fitting them
with a hard-drive of 200GB and 80 pre-installed
games, via his website for £380. The retail cost
of this package, if genuine and unmodified, would
be an estimated £3,000 for each one. ELSPA gathered
the forensic evidence against him which led to
the court result.
Mike
Rawlinson, deputy director general of ELSPA commented:
"This case today sets a major precedent which
marks a milestone in the fight against piracy
and in protecting the games industry's intellectual
property. It sends a clear message to anyone tempted
to become involved in 'chipping' consoles that
this is a criminal offence and will be dealt with
accordingly. The modification of consoles is an
activity that ELSPA's anti-piracy team is prioritising
– it is encouraging to see the UK courts do the
same."
The penalty
imposed, comprising a 140-hour community service
order to be carried out in the next 12 months,
£750 costs and forfeiture of all equipment seized
including three tower PCs, two printers, three
Xbox consoles and 38 hard-drives, reflected the
youth of the individual and the fact that this
was his first offence.
The modification
of consoles has been an illegal practice since
October 2003. After intense lobbying by ELSPA,
the Patent office laid the Statutory Instrument
for the introduction of the Copyright Directive.
This Act made the whole process of chipping consoles
illegal, including selling and advertising chips
as well as providing a service for chipping.
The chipping
process leaves the consumer with no recourse under
any guarantee from the manufacturer and can damage
the console.
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