Home Forums Business and Legal One up for Sony

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    • #5661
      Anonymous
      Inactive

      In a pro-IP owner decision, on Wednesday the UK High Court upheld Sony’s case against Pacific, a Hong Kong company, that ran a website on which it offered genuine Sony PSP consoles that were intended for sale in Japan only. Sony argued successfully that by targeting customers in the UK and elsewhere in the EEA Pacific infringed its IP rights.

      This is a link to the decision!

      http://www.bailii.org/ew/cases/EWHC/Patents/2006/2509.html

    • #34130
      Anonymous
      Inactive

      Darn, but you’re quick! Beat me to it :D

      I can hear the death knell of the grey imports industry from here…

      … and Judge Fysh plays LocoRoco – strike one for cool Judges ! :lol:

    • #34133
      Anonymous
      Inactive

      yeah this is really pissing of a lot of people at dcemu, i swear to god last year near 90% of our users loved sony (it was sicking for a sega fan boy ;) ) and now thats droped to like %30, they are all turning on sony over psp homebrew, ps3 price+ other crap, and now this

      this is what sony said about it:

      “Ultimately, we’re trying to protect consumers from being sold hardware that does not conform to strict EU or UK consumer safety standards, due to voltage supply differences et cetera; is not – in PS3’s case – backwards compatible with either PS1 or PS2 software; will not play European Blu-Ray movies or DVDs; and will not be covered by warranty.”

      :?

    • #34134
      Anonymous
      Inactive

      “Ultimately, we’re trying to protect consumers from… [/quote:4eb9c9f7c1]

      [not cynical mode]…f*cking up our regional inventory projections and stocking levels, because our manufacturing and/or warranty system can’t cope.

      [cynical mode]… buying region-free hardware in the wrong region at the wrong markup, because it’s going to f*ck up our cost/benefit and profitability analyses.

      PS – Do note that I’m not spitting in the soup (biting the hand, in other words) because, at the end of the day, that decision is good for my business :twisted: . I just like bashing Sony :lol: .

      But I’m decidedly not in agreement with the ratio decidendi on that one, because the Trademarks have absolutely not been used to deceive the consumers as to the origin of the products.

    • #34213
      Anonymous
      Inactive
    • #34215
      Anonymous
      Inactive

      so over all does this make importing any game and console in to the uk with out premission from the makes, illegal?[/quote:4a5172262e]

      Technically, yes (you are the importer), but (depending on the particular form of IPR) excused by the fact that it is for a private and non-commercial act : you as the customer want to buy the gear for your own enjoyment, not to resell (if you import to resell, though, then it’s a headshot). It isn’t any different from -say- you holidaying in Tokyo, buying a Jap PSP there and bringing it home with you. Prima facie, in that case, the only ‘law’ of importance is tax/customs.

      Realistically, there’s no point for Sony in suing you, as it would probably cost them x-times more than they would ever be able to recoup in damages from your estate (if any). And that’s not to mention the PR furore that would follow. It’s much easier (and profitable… well, ‘loss-leading’ really) to cut off at the source, which is why they went after LK in HK (one of the biggest).

      As I said earlier, it’s a pity they didn’t defend the action, that would have made for some seriously good case law. (also, considering the evidence they could have aduced and have only just now let out).

      Sony’s might have a point, LK closure is probably just PR – but excellent for LK, can’t fault them (is Max Clifford behind that one? :lol: ) “big bad Sony shut us down, but every customer affcted will be treated professionally in the aftermath, and like the Phoenix we’ll reappear shortly, hurrah!” :wink:

      “Sour grapes” or not, off-handedly, I wonder whos’ hurt the most in this affair :twisted: LK financially, for the damages, the administrative headache and eventual rebranding/relaunch, or Sony *financially in an indirect manner, but certainly in terms of reputation with ‘hardcore gamers’* for the backlash this whole affair is likely to generate.

      Me thinks the snowball’s not finished rolling yet – watch this space.

    • #34216
      Anonymous
      Inactive

      well since they are in hong kong, and not in the uk, they can’t be forced to pay the fees.

      having said that also lik-sang do have offices (and stores? )in europe, germany i think

      Sony need the hardcore /early adopters to launch its blueray, but as i said all sony have done since e3, is pissed off hardcore customers.

    • #34293
      Anonymous
      Inactive

      sony kills the game import market? (for Europe)

      Play-Asia cancels import PS3 preorders

      Online retailer cites “licensing and distribution limitations”

      Following the closure of Lik-Sang last week, fellow online retailer Play-Asia.com has told customers reserving an import PlayStation 3 that their preorders have been cancelled.

      In an email sent out to consumers yesterday, Play-Asia cited “licensing and distribution limitations” as the reason for the cancellations.

      “As a result, we are very sorry to let you know that we have now cancelled your non-binding reservation with us,” the email continues.

      “Rest assured, as this was a “no money down” reservation only, no funds have been debited in any way.”

      All the listings on the retailer’s website for PS3 units, games and accessories have now been changed to read “preorders closed”.

      The news comes less than a week after Lik-Sang announced it was to close following a series of lawsuits filed by Sony over the issue of import PSPs. Earlier this month, Sony warned that it would “utilise the full scope of the law” to prevent retailers from importing any of its consoles.
      [/quote:2aa2bef071]
      http://www.gamesindustry.biz/content_page.php?aid=20700

    • #34399
      Anonymous
      Inactive

      sony kills the game import market? (for Europe)
      [/quote:95372b1375]

      Only their import market for PSP/PS3 (and hardware only, at that?), not Nintendo’s or Microsoft’s (and not PS1/PS2 either?). And not that of videogames curios by the likes of SucessHK either, etc. Mind you, that PSP and PS3 be likely the main demand for grey import doesn’t help.

    • #34467
      Anonymous
      Inactive

      eBay blocks users from selling PlayStation 3 units

      After the Lik Sang decision, I thought as much :wink:

      It was 110% predictable that Sony would get eBay’s internal IP police on the case. Yet strangely enough, through the Court decision was based on PSP sales, Sony/eBay are not bothering with PSPs, only with PS3s. Sony’s strategy is so obvious about this, it’s painful :twisted:

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