28/11/2006 - Computer games hacker runs out of lives

A computer games hacker has been sentenced to 120 hours community service at Carlisle Crown Court after pleading guilty to 9 charges relating to ‘chipping’ games consoles.

Stephen Fitzgerald from Torridon Road, Bolton was picked up by police and Cumbria Trading Standards Officers in April 2004 when he attended a computer fair at the Swallow Hill Top Hotel in Carlisle. Fitzgerald was offering to ‘modify’ Playstation and X Box games consoles.

Fitzgerald, who was sentenced on Thursday (23 November), was also fined £2,710 and ordered to pay £2,500 in legal costs.

Computer games consoles are manufactured and designed so that they do not allow copied games to be played on them. The bypassing of these copyright measures became a criminal offence in October 2003.

Fitzgerald originally challenged this interpretation of the criminal law by asserting that a game was only a computer programme and therefore not covered by the regulations.

The games industry has always believed that a game is much more than just a computer programme. It contains music, animation and sometimes film clips, all of which have protection under the relevant legislation.

Phil Ashcroft, Head of Cumbria County Council Trading Standards, said: “This case is extremely significant. The sentence will hand out a warmning to 'chippers' and I hope that it will act as a deterrent to people who are thinking of chipping.

Michael Rawlinson, managing director of the Entertainment & Leisure Software Publishers Association, said: "We have always believed that 'chipping' games consoles is a clear criminal offence and the result of this case has confirmed that.

"This means people who modify games consoles to enable them to play copied games will now face the full force of the criminal law which can lead to substantial fines or even imprisonment.”

ENDS

Media enquiries to Mark Graham, Media Officer on 01228-606337

Notes to Editors

1. Fitzgerald was charged in respect of nine offences contrary to the Copyright, Designs and Patents Act 1988, as amended by the Copyright and Related Rights Regulation 2003.

2. ELSPA (Entertainment & Leisure Software Publishers Association) is the trade body that represents the computer games industry.

3. The maximum penalty for breaking the Copyright, Designs & Patents Act 1988 section 296ZB (the ‘chipping’ provisions)   is 2 years imprisonment +/or unlimited fine.