A man trading under the name of
Mr Modchips has been
convicted of distributing and selling illegal technology that enables games
console users to play illegally copied DVDs and CDs.
Neil Stanley Higgs of Speedwell Road, Bristol became only the second person
in the UK to be found guilty of the crimes.
Higgs set up his business in 2002 and it is estimated he enjoyed a turnover
of £1m by the time the offences were uncovered, with an estimated 3,700 Executor
modchips being found.
Higgs was found guilty of 26 offences under Section 296ZB of the
Copyright,
Designs and Patents Act – an amendment to the 1988 act that came into force
in 2003 to tackle the rise in chipping offences.
The 39-year-old was also found guilty on three counts of advertising,
supplying and selling a modification chip.
Higgs was also convicted of another 11 counts of possessing Executor modchips
for Microsoft
consoles and Viper GC chips for
Nintendo consoles.
Higgs’ operation was tracked down by
Bristol
City Council’s Trading Standards after the
Entertainment and Leisure
Software Publishers Association (ELSPA) found illegal chips and modification
equipment being sold through his websites.
Trading Standards officers and ELSPA investigators led a raid on 19 January
2006, searching his parents’ flat above shops in Speedwell Road where nine
computers were seized.
The team examined over 200,000 emails on the computers at the flat to harvest
the evidence presented to the Crown Court during the two week trial.
"This case today sets a major precedent in the fight against piracy,
protecting the games industry’s investment in fantastic games," said Michael
Rawlinson, managing director of ELSPA.
"It sends a clear message to anyone tempted to become involved in chipping
consoles that this is a criminal offence and will be dealt in the strongest
possible way."
Rawlinson said ELSPA’s anti-piracy team was now prioritising the modification
of consoles in its fight against piracy.
Following a unanimous guilty verdict by the jury, Higgs' lawyers asked for
leave to appeal, which was granted by the judge.
A financial investigation under the
Proceeds
of Crime Act is currently underway and could lead to the confiscation of any
of Higgs’ assets that are ruled to have been illegally obtained.
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