Monday, February 27, 2023

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Sony vs. Datel: Game Cheat Copyright Questions Referred to EU's Top Court
Andy Maxwell, 27 Feb 11:38 AM

pspBack in the 1980s, all computer nerds were familiar with Datel. The company produced peripherals for the 8-bit computers of the day, including RAM packs, keyboards, joystick interfaces, even sound samplers.

Datel's venture into the new world of videogame cheat devices was more controversial. The company's Action Replay range battled against Codemasters' Game Genie, with the latter eventually backing out of the market. Datel went on to release products for mainstream consoles, facing legal action on the way.

One of those lawsuits saw Sony Computer and Entertainment sue Datel in Germany over cheat software produced for the Playstation Portable (PSP) console. The PSP was discontinued in 2014, but after more than a decade, Sony's lawsuit is still alive and inching toward a conclusion – one way or another.

Sony Sends in the Lawyers

When Sony released the PSP in 2004, the race to run 'homebrew' software on the PSP also began. The inevitable game of cat-and-mouse saw Sony continuously updating PSP firmware, hoping to shut down exploits that allowed 'backups' and 'homebrew' to be played on PSP.

In parallel, Datel saw opportunities to 'enhance' the PSP with software that changed how games were supposed to be played. Gaming giant sony responded with a copyright infringement lawsuit targeting two companies and a director connected to the Datel products.

Hamburg Regional and Higher Courts Disagree

Datel's software – Action Replay PSP and Tilt FX – enabled gamers to cheat in Sony games. An example in the lawsuit describes how restrictions on "turbo" availability in racing game Motorstorm Arctic Edge were bypassed. Datel's product achieved this by manipulating code stored in the PSP console's main memory.

In January 2012, the Hamburg Regional Court found largely in Sony's favor. The Court found that Datel's software intervened in the 'program flow' of Sony's games and by changing the flow, the original code was modified to create a revision or derivative of Sony's copyrighted work.

The Court ruled that it made no difference whether the modification occurred in the game software itself or in the data stored by the game in the PSP's main memory. Even though the modification of data in memory was temporary, the Court said this still amounted to a revision under § 69c Nr.2 UrhG.

"The translation, adaptation, arrangement and other adaptation of a computer program" require permission from the copyright holder, the relevant section reads.

Datel filed an appeal and in 2021, the Higher Regional Court overturned the district court's judgment and dismissed the action.

The Court found that the changes apparent in the gameplay were the result of "parallel commands on the variables stored in the main memory."

The defendant's software intervened by changing the effect of data stored in the game console's main memory, but did not change commands in the game software itself.

Federal Court of Justice Appeal

Unhappy with the decision, Sony filed an appeal at the Federal Court of Justice (Bundesgerichtshof, BGH), Germany's highest court.

On February 23, 2023, the BGH said it had stayed proceedings in the appeal and referred key questions to the Court of Justice of the European Union for a preliminary ruling.

bgh questions cjeu datel

The questions are as follows: (translated from German)

1. Is the scope of protection of a computer program according to Art. 1 Para. 1 to 3 of Directive 2009/24/EC (pdf) encroached upon if neither the object nor source code of a computer program or a copy is modified, but something else running at the same time as the protected computer program changes the content of variables that the protected computer program has created in the main memory and uses in the course of the program?

2. Does a revision exist within the meaning of Art. 4 (1)(b) of Directive 2009/24/EC if neither the object or source code of a computer program or a copy is modified, but something else running at the same time as the protected computer program modifies the content of variables that the protected computer program has created in the main memory and uses in the course of the program?

When the CJEU will publish its decision is unknown, but it's unlikely to be anytime soon.

Details of earlier hearings and decisions here (1,2) and the referral here (3)

From: TF, for the latest news on copyright battles, piracy and more.

Amazon Removes Books From Kindle Unlimited After They Appear on Pirate Sites
Ernesto Van der Sar, 27 Feb 08:15 AM

kindle piratedWhen Amazon launched the first Kindle fifteen years ago, book piracy was already a common problem.

When publishers clashed with The Pirate Bay over illegally shared copies, we envisioned that things could get much worse if Kindle-ready pirate sites began to pop up.

Rempant Book Piracy

Fast forward to today and book piracy is easier and more widespread than ever. It has reached a point where the highest echelons of U.S. law enforcement stepped in to tackle this issue, with the crackdown on Z-library. Thus far, this hasn't achieved the desired result.

The frustrations of publishers and authors is understandable. Many see their books being openly shared for free, just hours after they hits the stores. This isn't limited to bestsellers either, it affects independent authors too.

In the midst of this drama, Amazon is making things worse. Generally speaking, the company is a blessing to many smaller authors because of its accessible self-publishing options and promotional features. This includes KDP Select, through which books are made available on Kindle Unlimited.

kdp select

As part of the KDP Select agreement, authors promise to make digital versions of their books exclusive to Amazon. This makes sense, as it comes with various perks. However, this rule doesn't only apply to competing stores, pirate sites are included as well.

Amazon Punishes Authors for Piracy?

Over the past few weeks, several authors complained that Amazon had removed their books from Kindle Unlimited because they violated their agreement. The piracy angle is front and center, raising plenty of questions and uncertainty.

Raven Kennedy, known for The Plated Prisoner Series, took her frustration to Instagram earlier this month. The author accused Amazon of sending repeated "threats". This eventually resulted in the removal of her books from Kindle Unlimited, ostensibly because these were listed on pirate sites.

"Copyright infringement is outside of my control. Even though I pay a lot of money to a company to file takedown notices on my behalf, and am constantly checking the web for pirated versions, I can't keep up with all the intellectual theft.

"And rather than support and help their authors, Amazon threatens me. The ironic thing is, these pirates are getting the files FROM Amazon," Kennedy added.

A similar experience was shared by Carissa Broadbent, author of The War of Lost Hearts Trilogy. Again, Amazon removed a book from Kindle Unlimited for an issue that the author can't do much about.

"A few hours ago, I got a stomach-dropping email from [Amazon] that Children of Fallen Gods had been removed from the Kindle store with zero warning, because of content 'freely available on the web' — IE, piracy that I do not have any control over," Broadbent noted.

Petition

These and other authors received broad support from their readers, and sympathy from the general public. A Change.org petition launched in response has collected nearly 35,000 signatures to date, with new ones still coming in.

Author Marlow Locker started the petition to send a wake-up call to Amazon. According to her, Amazon should stand behind its authors instead of punishing them for the fact that complete strangers have decided to pirate their books.

petition

Most authors will gladly comply with the exclusivity requirements, but only as far as this lies within their control. Piracy clearly isn't, especially when it happens on an almost industrial scale.

"Currently, many automated systems use Amazon as a place to copy the e-files that they use for their free websites. It's completely absurd that the same company turns around and punishes an author by removing their book from KDP Select," the petition reads.

From the commentary seen online, several authors have been able to resolve their issues with Amazon. And indeed, the books of Broadbent and Kennedy appear to be back online. That said, the exclusivity policy remains in place.

Amazon Takes Note

Amazon is aware of the complaints and informs TorrentFreak that it's working with the people involved to find an appropriate solution. The company stresses that, if books are removed from Kindle Unlimited, they remain for sale on Amazon's regular store.

The company further explains that, before taking action, it sends authors an advance warning with an extended timeline so they can try to resolve the issue.

"We welcome author feedback and work directly with authors to address any issues or errors affecting their accounts," an Amazon spokesperson said.

The problem is, of course, that individual authors can't stop piracy. If it was that easy, most authors would be happy to do so. However, if billion-dollar publishing companies and the U.S. Government can't stop it, Amazon can't expect independent authors to 'resolve' the matter either.

It would make more sense for Amazon to update its KDP Select policy to exclude pirate sites from the exclusivity rule. With book piracy being as rampant as it is, no title can ever guarantee to be piracy-free, ever.

Perhaps it's also a good idea to use all the vocal and social media-savvy authors as an asset to educate the broader public on piracy. That will do more than having them stress over book removals and pointless DMCA takedown campaigns.

From: TF, for the latest news on copyright battles, piracy and more.

 
 
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