Worcestershire's Trading Standards service successful
in landmark counterfeit computer games 'chips' case
Worcestershire County Council's Trading
Standards team has brought a successful prosecution against an
online trader in a landmark case that has clarified copyright law
in relation to the sale of electronic 'chips' that enable computer
consoles to play counterfeit games.
Christopher Gilham, 46, of St Paul's
Street, Worcester, built up a substantial business illegally
selling modchips and console peripherals from his home address,
which were offered for sale on his website
www.baldbouncer.co.uk
The team started investigations following a
tip off from the Entertainment and Leisure Software Publishers
Association - ELPSA - in September 2005. Trading Standards
officers then covertly purchased a number of items for examination
by computer consultants. An entry warrant was then executed during
which computers and large quantities of stock were seized for
further examination.
Evidence was obtained which established that
'modchips' specifically designed for installation into the
circuitry of Sony, Nintendo and Microsoft games consoles would
override the inbuilt security measures, which normally would only
permit the playing of genuine games.
The case came before Worcester Crown Court in
September 2008 where Gilham pleaded not guilty to seventeen
offences under the Copyright Designs and Patents Act and the
Proceeds of Crime Act. Following a seven-day trial he was convicted
on fifteen counts.
Due to the interpretation of the copyright
legislation, Gilham appealed the decision and the case was heard at
the Court of Appeal in London on October 23, 2009, where the judges
found in favour of the prosecution.
The case was sent back to Worcester Crown
Court for sentencing and on January 22, 2010, Gilham was given a
twelve month custodial sentence suspended for two years and ordered
to carry out three hundred hours unpaid work.
Simon Wilkes, Worcestershire Trading
Standards Operation Manager, said: "This has been a very
important case, not only for Worcestershire County Council, but
also for other local authorities in the UK who have been awaiting
its result. It now opens the way for many more similar cases to go
ahead.
"Counterfeit games can only be played on
consoles that have been modified with such 'chips' and this result
will go some way to reducing the demand for such illegal products.
We are pleased with the court's ruling and the penalty
imposed".
Michael Rawlinson, Director General of
the Entertainment and Leisure Software Publishers Association,
said: “On behalf of the team in ELSPA’s Intellectual
Property Crime Unit, we would like to thank Worcestershire Trading
Standards department for their determined work and prosecution of
this case.
"Protecting Intellectual Property is an
important issue for the country’s videogames industry. ELSPA will
continue to work with the country’s authorities to ensure that
those who commit Intellectual Property theft are fully prosecuted -
and the interests of its members’ IP is fully safeguarded.”
For more information about the work of
Worcestershire's Trading Standards Team visit www.worcestershire.gov.uk/tradingstandards.
