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Posted by on May 28, 2012 in Software |

Spain: Judgment denies to install chips in consoles is a crime

Spain: Judgment denies to install chips in consoles is a crime

We closed last week with news that we read in the newspaper El Mundo, according to which those responsible for an electronics store in Zaragoza had been sentenced to prison terms and fines for installed in games to make copies of software they read … We are outraged and criticize the measure , which had originally the people of the bosses of the game, ADES, but it turns out that the story was not entirely true.

The fact is that sent the media a press release saying that a court in Zaragoza was found guilty of crimes against intellectual property, those responsible for the store that “pirated” consoles … It turns out that the story was not as told us: Install chips in is not a crime, and so ratifies the sentence in question, that ADES failed mysteriously.

As err is human and to rectify is wise, while I apologize for not waiting to find the original sentence to write about it, now I reproduce part of the judgment of the court of Zaragoza on the act of installing chips in game consoles , which had access to ” The OtroLado

“According to experts, it is considered that the use or installation of these modchips is not legal offense as recently pointed out different case, since the utility would have a versatile, which facilitate the activities perfectly legal.”.

Anyway, to install chips in consoles is not a crime as we wanted to believe ADES. Thus, this case ended with four of the defendants acquitted by ADES, a mere lack convicted and another agreed to be sentenced before the trial (yes stepped forward and accepted imprisonment and a fine … Even now we see that they would have acquitted too) .

So far cry from the story we told ADES (to frighten, probably), this trial confirmed again that the ownership change chips for game consoles, or engage in installing, it is no crime, as we saw a while ago when the very Nintendo lost a case against a Spanish businessman who complained of an offense against intellectual property in China to import a kit consisting of a pendrive, a card and SD card adapter and a cartridge, which the game company could programs used to illegally use the console. Then he asked, nothing more and nothing less, than 23 years in prison, but eventually the defendant was acquitted.

However, not all such stories end the same: In early 2012 a court in Jerez de la Frontera sentenced to six months imprisonment to the owner of a business that was responsible for distributing and selling chips for “pirate” consoles and copies video games, movies and software. That is, in some cases the authorities are guilty and not others, which shows clearly that there is a legal vacuum on the subject and that everything moves according to the interpretations of judges.

What does that strikes me about this story is that the people of ADES has fallen so low as to send the media a press release where they had their version of events as they would like to happen, causing confusion among the public, it demonstrating its clear intention to feed the fear of possible reprisals for acting “against copyright”. Very ugly lie well, now lost what little credibility they had, at least in my eyes.

- Police, prosecution and judges consider that the modification of consoles is legal (The Other Side)
A statement contradicts the version of ADES and legal is changing consoles (The World)

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