shop responsible for Jerez de la Frontera has been confirmed a sentence of 2011 to six months in prison by the Audiencia Provincial de Cádiz, which will be satisfied that the convicted selling video games ‘pirates’, and reproached distribution of modified consoles to load unauthorized games .
According to the judgment itself, which has had access to the Navigator, first Cádiz Hearing states that the evidence found during the initial investigation-games copied and placed in the sales area and not in the home of convicted with photocopied covers, and there was more than one copy of several games- indicate that backups were not but were intended for marketing .
On the other hand, the sentence comes to interpreting Article 270.3 of the Criminal Code to indicate that the possession and sale of ‘chips’ that change console is punishable , as the judge had resolved the first instance. It is an interpretation, however, does not match previous cases in which it has been deemed the ‘chipping’ consoles.
Thus, the Court of Cadiz believes that although the current wording of this article refers to “any means specifically intended ” to suppress or neutralize copy protections, this does not mean ” exclusively for “.
is, the judges say the use and distribution of these ‘chips’ may violate intellectual property although these devices allow more functions than play games ‘pitaras’ (like turning console on a computer, for example), and although the Directive 1/125/CEE talk that devices have the “single use” of removing the copy protection.
The reason given by the Court of Cadiz is that otherwise “would recognize de facto the right to violate the rights of the holder of intellectual property copn the single action to expand the functions of the console . justification not have [...] that may cause the disappearance of the right of another just because it decides to increase the functions of a video game. “
‘rational criminal policy program’
Even the judges go further in their interpretation and ensure that “decision to benefit the author of decreasing disturbance lawful rights acquired by the holder thereof is clearly contrary to any rational criminal political agenda” .
Case
there is further justified by the convicted intention which, “even when chasing the purpose of extending the functions of the console to not be illegal, [...] had to represent the character unlawful act and yet decided to do so, which is found to exist in their behavior Insito fraud. “
condemned, whose initials are S. M. P., also must pay a total of 585 euros to several companies complainants, in compensation for damages.
celebrates employer
In a note, the bosses of the game aDeSe held this decision, which notes that “the magistrate considers that installation and marketing of these ‘chips’, although they may have other legal uses as increasing functions of a game console, causes the disappearance of the intellectual property right by deprotecting programs . This purpose and no other, is the reason for purchasing the product. “
This employer
put their hopes in the forthcoming reform of the Penal Code promoted by the Minister of Justice, Alberto Ruiz Gallardón, the draft provides up to three years in prison for the ‘chipping’ consoles .
“aDeSe recalls that have previously ruled contradictory judgments in this regard because of the ambiguity of the current Penal Code about the criminal nature of these devices,” says the note, adding: “Given this difficulty of interpretation, aDeSe shows its support for the ongoing reform being promoted by the Ministry of Justice to clarify the terms . Thus, the new Penal Code will adapt to European directives on intellectual property and avoid that Spain is the only country Europe where these devices are distributed with impunity “.
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