This is a short news item about the DMCA (Digital Millennium Copyright Act) backlash against modification or “mod” chips. Any relatively recent console system has embedded unto it, a DRM (Digital Rights Management) chip, which prevents pirated or counterfeit copies to played on the system. A mod chip is essentially a chip designed to replace that DRM chip that will in turn allow the user play out of region copies of games and consequently, counterfeit copies.

This particular item focuses on a Hong Kong-based online software store. The crackdown on the mod chips which the site sells, seem to have been legally strong-armed by joint lawsuit filed by Microsoft, Sony, and Nintendo. The article serves to illustrate how DMCA-like measures are occurring not just in the United States, but also around the world. The author quickly relates the aforementioned lawsuit to the renewed vigor of the Video Game Industry to stem piracy in the aftermath of the DMCA. It also effectively puts into perspective the point of view of the industry, which sells heavily equipped hardware at a loss, which is ideally made up in software sales. The effect of piracy is not a mere nuisance but something that insidiously chips away at the infrastructure of its very business model.

It is the somewhat personalized perspective of this article brings which makes it applicable to the predominant theme of the copyright issues pertaining to video games. While viewed in the context of a research item, it is limited in the amount of information it gives and is more in the area of food for thought. However, it is a piece through which perspective is gained. In this case in the near peril of the site Lik-Sang.com, which at one time was one of the world’s leading distributors of mod chips. Its struggle against the so-called “Goliaths” of video games was one that showed how these measures affected the supposed “pirates” which they had gained the reputation of being. Suddenly, the anonymous pirates and counterfeiters seem more anthropomorphic. The article makes reference to a similar lawsuit brought about by Sony against a retailer in Australia that was ruled in favor of the retailer. This contrast effectively illustrates a primary point in the whole debate in regards to the inability for international law to come to any consensus. International law is very disparate as far as the acceptance of the devices. In light of that, anything that sheds light on the global aspect of the mod chip crackdown is a ripe subject in terms of video game copyright.

This is a journal article, which is a comprehensive look at the Video Game Emulation debate. Its layout is filled with loads of historical facts and analyzes the nuances of the debate in several chapters according to each aspect. In spite of the heavy loaded nature and its plethora of facts and technical data, it does all of this to arrive at a conclusion regarding the suggestions of the authors towards finding an amicable way to solve the legal disputes surrounding copyright infringement.

Its argument is not established early on in the article, but it lays the groundwork for it by setting the debate itself into context. It begins by explaining exactly why there is a need in the first place for the emulators and how the emergence of these have only been magnified by the rise of the Internet and peer-to-peer networking. Then it devotes some chapters to examining the methodology and technical data that brought the emulators about. The economic ramifications are also discussed, at which point the direction moves towards the points of views of both sides of the debate. Several cases are cited examining the potential legality or illegality of the practice. Finally, it arrives at its conclusion, which gives the authors’ strategy for issues.

The argument given is quite adamantly against an RIAA (Recording Industry Association of America) type of attempt at simply eliminating the emulation community through endless litigation and bullying tactics. It also makes the case that Game Makers should embrace emulators by recognizing the consumer need and actually meeting that need themselves instead of persecuting the individuals from the outside who have taken the initiative to do it for them. Moreover, the claim is made that customer loyalty would be recaptured. The support of backwards compatibility among gaming consoles is another major suggestion placating consumer ennui and possibly extending the longevity of the product itself. A plethora of statistics is also given to solidify its points.

So what does all of this have to do with Copyright Law, specifically related Video Games? Much of it does, and much of it is technical data and statistics that is, perhaps inconsequential to the legal debate itself. Ultimately, the article serves as a well-researched cornucopia of information about the subject. The overarching theme of this is how legality is either upheld or circumvented in the industry. Piracy and copyright law go hand in hand. The arguments made by the authors are conventional ones, views more than likely anyone outside of a Game Developer’s office would hold. However, its methodology is very precise. It cites information in a very unbiased way and allows the reader to make up his/her own minds. This results in a very different experience for individual readers, yet at the same time brings the debate into the frame of mind that it wants. While probably more fact and data-oriented than the casual reader may care to stand, it accomplishes what it sets out to do in a very efficient way.