A hacker who offered a “while you wait” chipping service at a computer fair was sentenced to 120 hours community service at Carlisle Crown Court on 23rd November – a landmark conviction for such an offence.

Stephen Fitzgerald of Torridon Road, Bolton, a computer games hacker, pleaded guilty to nine charges relating to ‘chipping’ games consoles, contrary to the Copyright Designs and Patents Act 1988 (copyright circumvention offences). He was ordered to pay £2,500 towards prosecution costs and subject of a Proceeds of Crime Act (2002) confiscation order for £2,710, to be paid by 23rd May 2007, or face three months in jail.

Fitzgerald was picked up by Police, Cumbria Trading Standards and an ELSPA investigator in April 2004 when, trading as ‘www.mods-and-sods.co.uk’, he operated a stall at a computer fair held at the Swallow Hilltop Hotel in Carlisle, where he offered to ‘modify’ PlayStation and Xbox consoles while people waited. His stall also offered and advertised for sale pre-chipped PlayStation 2 and Xbox consoles.

This case stands as one of the first of its kind in the UK, as the criminal offence only came into effect in October 2003. Fitzgerald challenged this interpretation of the criminal law by asserting that a game was simply a computer program and therefore not covered by the regulations.

The games industry has always believed that a game is much more than a computer program, however, containing as they do artistic works, animation, music and film – all of which have protection under the relevant legislation.

Michael Rawlinson, managing director of ELSPA, said: “We have always believed that ‘chipping’ consoles is a clear criminal offence and the result of this case has confirmed it. This means that people who modify games consoles to enable them to play copied games will now face the full force of criminal law which can lead to substantial fines or even imprisonment”.

Phil Ashcroft, Head of Cumbria County Council Trading Standards, said: “This case is extremely significant. The sentence today will send out a warning to ‘chippers’ and I hope that it will act as a deterrent to people who are thinking of chipping”.