The Wholesale Forums

[studio1one]

Yes I agree with you, I apologise I misconstrued your point.

I think we were talking at crossed purposes. When I said crux of the matter I meant regarding the long term legality of mod chips, not this particular case.


When I first heard of this case I thought the future for mod chips looked bright, after closer examination of the actual jusdgement I think exactly the opposite

[geosamm]

Dont be too hasty.... its not like prosecution council to make such elementary mistakes, they will have judged the strengths of their options and chosen the appropriate actions.... perhaps they didnt have enough confidence to take the road the judges in appeal directed them towards... and there may be a flaw in the act its self or a stronger defense to the alternative route.
No need to apologise I enjoy constructive debate and the free exchange of ideas..... it can help to clarify many things

[studio1one]

I think the point here is that the first conviction was based on a specific argument and the appeal was against the original conviction. the CPS could not review the reasons for the conviction at the appeal hearing and so were stuck with what they have. The judge gave a clear indicator that there was a lot of scope for the CPS to make further prosecutions on mod chip sellers, just not based on the circumvention of ETM's.

The point that this fell down on was that the piracy was done prior to the modchip, at hte point of downloading and burning the cracked IP copyrighted material, therefore the modchip, although circumventing ETM was not a party to piracy and therefore did not infringe IP

I would expect another prosecution in the near future based on the copying of unauthorised IP material into RAM by a modchip being an act of piracy in itself and a whole new reason why modchips are illegal.

[geosamm]

I agree entirely... but perhaps the road they should have gone down in the first prosecution was not as safe [would gain a conviction] as the road they decided to take, and thats why they argued the case as they did.

The last paragraph of your post is correct... and when it comes I would expect a totally different argument from the defense which could set another precedent for the mod chip.... but I wont hold my breath.

[studio1one]

sorry totally off topic, where in Thailand are you? I have a lot of Thai contacts and own an award winning Thai restaurant here is sunny yorkshire

[geosamm]

Originally Posted by studio1one

sorry totally off topic, where in Thailand are you? I have a lot of Thai contacts and own an award winning Thai restaurant here is sunny yorkshire

At the moment I am in Chiang Mai [top north west corner bordering Myanmar] .... also lived in Bangkok.... Ayutteya [so many spellings for this place].... and Kon Kaen.... thinking of moving down to Phuket but its not quite decided.
I love Thai food.... just not the amount of chilli they use... even in the salads... but its all fresh... and I love the price too... the king prawns, lobster, crab here are special for 2 reasons... the size and the price and Im 600 miles from the coast.
Hows trade in Thai/Yorkshire?

[studio1one]

Originally Posted by geosamm

At the moment I am in Chiang Mai [top north west corner bordering Myanmar] .... also lived in Bangkok.... Ayutteya [so many spellings for this place].... and Kon Kaen.... thinking of moving down to Phuket but its not quite decided.
I love Thai food.... just not the amount of chilli they use... even in the salads... but its all fresh... and I love the price too... the king prawns, lobster, crab here are special for 2 reasons... the size and the price and Im 600 miles from the coast.
Hows trade in Thai/Yorkshire?

trade in Yorkshire is good. We specialise in Kon Khaen / Issan food, so you know the sort of thing -- som tum, khao mun gai, balachan, tilapia. You're in probably my favourite part of Thailand, I have spent many many hours chilling in Pai, Chiang Rai etc etc, why you would want to move to Phuket from there I cannot even begin to comprehend.

[geosamm]

its the ocean Im afraid.... had a place in Tenerife overlooking the ocean... best view I have ever woken up to and gone to sleep looking at... love the sounds, the smells, the swelling tides even the storms.