10 November 2009

Court of Appeal Copyright Clarification Welcomed

London, United Kingdom, 10 November 2009 – The Entertainment and Leisure Software Publishers Association (ELSPA), the UK videogames trade body, has welcomed the judgment of the Court of Appeal to dismiss Christopher Paul Gilham’s appeal against his earlier conviction at Hereford Crown Court (September 19, 2008). Many deem the ruling, just published, to be pivotal in the battle against copyright and chipping criminals. Gilham had been selling modification chips - “modchips” - enabling users to override protective technological measures preventing the playing of counterfeit or "pirate" videogames.

The Court of Appeal’s landmark judgment found that associated copyrights are infringed by the playing of a counterfeit game on a chipped console. The Court judged that characters such as Britain’s own Lara Croft are included within the copyright if their image from the playing of a game can be viewed as a result of chipping a console. The Court concluded: that ‘it is not necessary in future to show that a substantial copy of the game is made in Random Access Memory (RAM), all that needs to be shown is that some copyright work contained within the videogame is substantially copied e.g. the image of a game character.’ The full judgment can viewed at: http://www.bailii.org/ew/cases/EWCA/Crim/2009/2293.html

“We welcome the Court of Appeal’s dismissal of Mr Gilham's case,” said Michael Rawlinson, director general of ELSPA, today [Tuesday]. Protecting intellectual property (IP) theft is an important issue for the country’s videogames industry. This judgment strengthens copyright law and will be a significant step in helping us protect the industry. One behalf of the team in ELSPA’s IP Crime Unit, I would like to thank Worcestershire Trading Standards Office, which originally prosecuted Gilham, for their resolute efforts in this case. ELSPA strives to protect the interests of its members and we will continue to work hard to ensure that our members’ IP is fully safeguarded.”

Mr Gilham's case was previously heard on September 19 2008 at Hereford Crown Court. He was convicted of a number of offences arising from his commercial dealing in “modchips". ELSPA’s IP Crime Unit (IPCU) worked in conjunction with Worcestershire Trading Standards Office. Divisional Manager John Dell said "This judgment clarifies the law relating to the supply of modchips and circumvention devices. It now paves the way for a number of future prosecutions by other Trading Standards Authorities who have been awaiting this result."

It is estimated that criminal games copying and other illegal activities cost the videogames industry in excess of £750 million a year. The UK’s videogames industry has been involved with anti-piracy measures since 1994, when ELSPA first established a dedicated crime unit. ELSPA works closely with the Police, Trading Standards officers and various government departments to combat the distribution of illegal software. Creating a game regularly runs to more than £15million today and sophisticated criminal activity can cost publishers the very viability of their most ambitious and inventive creations. The IPCU operates a 24-hour confidential hotline for anyone wishing to give information about IP thieves (08705 133405).

- ENDS -

Contacts:

For all press enquiries, please contact the ELSPA press office on T: +44 (0)20 7300 6143 or E: press@elspa.com

About ELSPA

The Entertainment and Leisure Software Publishers Association represents all the major publishers of games in the UK. Founded in 1989 to establish a specific and collective identity for the country’s interactive leisure software industry, membership includes companies publishing and distributing leisure software in the UK. As a gateway to Europe, ELSPA works to protect, promote and provide for the interests of all its members as well as addressing issues that affect the industry as a whole, such as age ratings, child safety and IP protection.

ELSPA works with members and media to illustrate the beneficial contributions that the UK videogames industry makes to the British economy as well as its influence in other industries. In addition, ELSPA works with GfK Chart-Track to compile weekly, monthly and annual retail charts and sales reports for the UK market.

back