| About the Author |
Dan Gaskell is a Solicitor and Higher Courts Advocate with Tuckers Solicitors in the UK.
The Regulations extended section 296 of the CDPA and made it a criminal offence under s296ZB CDPA to, inter alia, manufacture, import, sell or advertise for sale devices, the primary purpose of which was to circumvent the Effective Technical Measures which are a security feature of games consoles manufactured by the likes of Sony, Microsoft and Nintendo. These devices are commonly known as modchips but take a number of different forms according to the technology in connection with which they are produced to function.
Since the introduction of the legislation a number of criminal Prosecutions have followed, the driving force behind which has been the Entertainment and Leisure Software Publishers Association (ELSPA) but it has only been in the last 12-18 months that the legislation has fully been tested to the point where certain conclusions can be reached as to what needs to be established to establish that criminal offences have been committed. In reaching certain conclusions however the Court of Appeal has nevertheless raised further issues for consideration in defending cases in the future...