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Chris Leigh
19 Jun, 2005

Sony takes PSP importers to court

PSP News | Japanese giant begins legal proceedings.
It's been confirmed by industry website GamesIndustry.biz that Sony has launched court proceedings against an unspecified number of independent PSP importers in the UK. The action comes after the Cease and Desist orders issued by the company last month were largely ignored.

Referring to the trade marks 'PS', 'PLAYSTATION' and the controller symbols, a legal document composed by lawyers acting on behalf of Sony Computer Entertainment Europe alleges that, 'The defendant has infringed each of the claimant's said trade marks by using, without the consent of the claimants, in the course of trade in the United Kingdom, signs identical to the said trade marks. By reason of the aforesaid, the claimants have suffered loss and damage.' Heck, we don't have a clue what all that means, but we're guessing you shouldn't mess with Sony.

The document goes on to request the confiscation of goods and materials, and demands the names and addresses of both those who supplied the stock and - worryingly for some consumers - those who purchased PSPs from the retailer. In addition, Sony has warned retailers that its lawyers are preparing an application for an interim injunction to stop the sale of import PSPs in the run-up to the console's European launch, which is scheduled for September 1. It has offered to cancel the application if retailers agree to cease trading.

PALGN has no idea how many retailers will back down in the face of Sony's latest legal moves, whether or not retailers in other countries other than the UK will be targeted, and has yet to learn of a date for the case. But as soon as we know more, so will you.

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16 Comments
7 years ago
Pathetic. If they didn't make us wait 10months people wouldn't need to import, they've brought this whole situation on themselves.
7 years ago
Going after the consumers too? Great way to treat your most dedicated customers...
7 years ago
Thats Sony for you and exactly what you said Chris.
7 years ago
So what of other companies like lik-sang and play-asia .. does this affect them aswell ?
7 years ago
Wow...

That sucks...
And they're tracking down consumers...

I agree with Chris as well - if they didn't make the PAL territories wait, then this wouldn't be happening like this.

Ah well...
7 years ago
segaxplosion wrote
So what of other companies like lik-sang and play-asia .. does this affect them aswell ?
Play-asia won't send PSP stuff to the UK now, I don't know about anywhere else though.
7 years ago
I must be missing something here but what the hell is wrong with importing a PSP into Europe or Australia? (or anyone else for that matter?)
Correct me if I'm wrong, but the location of the sale doesn't matter (well it does but we won't go into details) as long as the product is still sold. I'll be honest (it's probably obvious), I'm actually quite confused about this article. What is the problem exactly, and why must the consumers suffer just because they wanted the product earlier than Sony wanted them to have it? icon_confused.gif

Bah.
7 years ago
Maybe now people will understand why I don't own any Sony products.

Scum of the earth.
7 years ago
NismoR34 wrote
I must be missing something here but what the hell is wrong with importing a PSP into Europe or Australia? (or anyone else for that matter?)
Correct me if I'm wrong, but the location of the sale doesn't matter (well it does but we won't go into details) as long as the product is still sold. I'll be honest (it's probably obvious)
Because they'll get more money out of us if we pay our over-expensive PAL prices. A PSP value pack in the UK will be £179, compared to around £150ish at USA prices. So greed basically. I wouldn't mind paying more if we were treated the same but waiting 10months after Japan for it is a joke.
7 years ago
Also, correct me if I'm wrong, but importing will take sales away from the Australian and European divisions of Sony.

These branches of the company are probably run as individual profit centres that are evaluated on the profit margin, amongst other things - importing takes sales away from them and gives them to foreign branches.

I guess it might have something to do with that as well - although, maybe not, I don't know... or really care... icon_lol.gif
7 years ago
The more $$ lossed the better for Sony as far as I'm concerned.
7 years ago
Andronicus wrote
Also, correct me if I'm wrong, but importing will take sales away from the Australian and European divisions of Sony.

These branches of the company are probably run as individual profit centres that are evaluated on the profit margin, amongst other things - importing takes sales away from them and gives them to foreign branches.

I guess it might have something to do with that as well - although, maybe not, I don't know... or really care... icon_lol.gif
Wouldn't the European and Australian divisions be the ones that decide on the launch dates for those territories, though? In that case they'd deserve to lose those sales...

Don't forget that the PSP is region-locked against movie UMDs from other regions. Sony is probably highly concerned that buyers of imported PSPs will not purchase as many movie UMDs, since the ones in their local territory won't work on their PSP. They really want this format to take off.
7 years ago
There's a lot of negative comments here. (In fact they're all negative). Unfortunately as PAL gamers we have to face a harsh reality.

You have to consider it from the point of view of SCEE. It's not as if SCEE wanted to launch the PSP months after the rest of the world. The undoubtedly the late release is due to a lack of stock necessarily to launch earlier. SCEE themselves have rely on Sony to deliver the stock so they have essentially no choice in the matter.

SCEE's problem:
As Andronicus says importing takes away profits from the Australian and European divisions of Sony. However possibly more importantly when the PSP does launch they still want it to be a cool "new" device that everyone wants to get at launch before their friends. If every man and his handheld-playing dog have imported one, that it's going to be a case of "oh so you finally got one too", come September 1st.

SCEE's solution:
As far as I know legally there's nothing wrong with importing and selling good per se as long as you pay all the correct tariffs. Thus SCEE has taken the only option open to them which perched on the idea that the importers have been using the Sony's trademarks when selling their products. Since they never gave permission for this, they're in breach of copyright law. I don't see that this is going to cause any companies any huge fines if it goes to court considering the nature of the use of the trade marks. I think under Australian law it would likely fall under "Fair Use" and hence not illegal - although it's shaky ground. In any case this is clearly mostly designed to act as a deterrent. Certainly nothing implicates that the consumers who have bought an imported PSP are at fault or likely to have legal action taken against them.

Conclusion:
SCEE have been put in a hard place. They've got stakeholders on all sides pulling them in different directions. They had two choices 1) Do nothing 2) Setup a legal team to deter importers from impinging on their market. I don’t see their action as particularly harsh, I see it as a fact of life. Either companies wait until they have enough stock to launch simultaneously worldwide or they launch what they can where they can. As a gamer I know which I prefer. I don’t want PSPs sitting in a warehouse when people could be playing them. This premise extends to the Xbox360 launch too.

Having said that it would be nice if Australia or Europe got the first launch for once icon_wink.gif
7 years ago
Hyperworm wrote
Don't forget that the PSP is region-locked against movie UMDs from other regions. Sony is probably highly concerned that buyers of imported PSPs will not purchase as many movie UMDs, since the ones in their local territory won't work on their PSP. They really want this format to take off.
I highly doubt that UMD will take off, it could toug if it was an open standard and made to work in DVD drives.
7 years ago
Did you not hear that they have porn UMD's??????? icon_razz.gif
7 years ago
James, you're right. But I can understand people's animosity, too.

So is it SCEJ's fault? Probably - they've always been bad to PAL territories, and their own PAL wing in the process, eg 50Hz conversions.

I don't really care myself - I'll buy one when they're cheaper. Price is the issue for me - and this is an issue for SCEE. Although that could be SCEJ's doing too.....
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