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View Full Version : Lik-Sang loses PSP case in High Court



Darksaviour69
October 19th, 2006, 13:33
Sony has warned that it will take legal action against anyone engaging in grey importing of its products after scoring a High Court victory over online retailer Lik-Sang.

In his ruling yesterday, Judge Michael Fysh found that Lik-Sang - which offered Japanese PSPs to European consumers via its website - was in breach of intellectual property rights.

Lik-Sang had claimed that it was operating within the law as the company is based in Hong Kong, and has no trading presence in the UK or European Economic Area.

But, as reported by the Financial Times, Judge Fysh ruled that, "The acts of which the complaint is made have, in my view, been perpetrated not in Hong Kong but here in the EEA, and without Sony's consent."

Sony declined to comment directly on the case. However, a spokesperson did tell GI.biz: "The law is clear; grey importing PS2, PSP or PS3 into the EU, without the express permission of SCE is illegal. Therefore, we will utilise the full scope of the law to put a stop to any retailers who chose to do this."

He continued, "Ultimately, we're trying to protect consumers from being sold hardware that does not conform to strict EU or UK consumer safety standards, due to voltage supply differences et cetera; is not - in PS3's case - backwards compatible with either PS1 or PS2 software; will not play European Blu-Ray movies or DVDs; and will not be covered by warranty."

It's no surprise that Sony is offering a strong warning against importing PS3s - there's likely to be a high demand for the consoles in Europe, following the announcement that they won't be officially arriving here until four months after they go on sale in the US and Japan.

The company will doubtless be looking to avoid a repeat of the events of last year, where several retailers, including ElectricBirdLand, ended up in court for selling import PSPs.

Source=Gamesindustry.biz (http://www.gamesindustry.biz/content_page.php?aid=20489)

MikeDX
October 19th, 2006, 14:05
Poor liksang :(

Screw sony.

S34MU5
October 19th, 2006, 14:10
$ony after the dosh again. what that meant was buy updated PSP's from us so we can make more money and stop you homebrew'n

.

Darksaviour69
October 19th, 2006, 14:11
Ultimately, we're trying to protect consumers from being sold hardware that does not conform to strict EU or UK consumer safety standards, due to voltage supply differences et cetera; is not - in PS3's case - backwards compatible with either PS1 or PS2 software; will not play European Blu-Ray movies or DVDs; and will not be covered by warranty."


What a load of balls

JKKDARK
October 19th, 2006, 14:18
oh I can't believe :(

MikeDX
October 19th, 2006, 14:18
Sony can refuse to support imported goods but to screw the sellers is just dumb.

Time to sell that sony stock!

Baboon
October 19th, 2006, 14:20
WTF?

So the only way UK gamers can keep on the ball with new consoles/games is to import them... and now we’re told Sony is blocking that option??

It sucks so bad that we have to wait (some times upto 6-12 months) compared to the rest of the world to get there products, its like Sony don’t really care or a give a f*** about UK gamers at all. :mad:

I’ve never purchased a console through LiK Sang, but I regularly buy games from them. I reckon this new ruling will possibly just lead some gamers towards piracy, rather than wait an eternity to get them when they are eventually released over here... and then pay extortionate prices for the privilege when they hit the UK stores.! :(

$ony $ucks. :mad:

mnuhaily22
October 19th, 2006, 14:26
Sony are becoming a whole bunch of asses over nothing, come on, get over it.

ace_t
October 19th, 2006, 14:31
I lost my PSP case too, luckily I found it a week later down the back of the sofa... :)

Darksaviour69
October 19th, 2006, 14:34
ony don’t really care or a give a f*** about UK gamers at all

oh they do, they just want to the the max profit out of them, when it suit them

DraconumPB
October 19th, 2006, 14:54
I don't understand how this is possible... a person or body of individuals has a product that they paid for, they can't sell it to someone else? I mean it's not like it's licensed software or something like that. They /own/ the PSPs they are selling... I just don't get it. I know it's against the law but it's ridiculous...

crypysmoker
October 19th, 2006, 14:54
Well, gees.. MAybe sony if you would pull your heads out of your ass and think.

You are teaseing our european friends here..

They are closer to japan.. yet they get the consoles 4 months after america??
Even if its because of the voltage difference.... sony can make a damn adapter for it, they have with every other console.

So sony, how about you stop being so damn greedy and send the console out to ever country at the same time?? youve had enough time to get your crap together and make the consoles.. now you get mad because your customers want the same thing that everyone else is getting??

I see sony going bankrupt within the next 10 year due to the fact that whoever they have doing thier world marketing schemes is alightly retarded and seems as though hes been smoking paint chips since birth.

4 motnhs later for europe and you wonder whyt hey want to import??
sony, your stupid, get over yourselves

Dickhead
October 19th, 2006, 15:11
Wont it be anoying if sony Bans the sale of second hand sony goods as where does the money go with these second hand goods, sony doesnt make any money on that, but a ban of second hand goods will cause law cases making lots of money for sony then!!, THAT WILL SUCK!!!!!:(

aries2k4
October 19th, 2006, 15:11
Let me see if i got this straight? It is now illegal to import consoles and games?????:eek: You´ve got to be kidding me. This from a company that´s paranoid on security. So now instead of paying for an import, you are forced to pirate the game if you want to play it, if it´s not available in your country.
Way to go $ony:rolleyes:

I feel sorry Lik-San. Geez, they are giving $ony money by buying their products and then they get screwed for it. It´s a shame, really.

John Vattic
October 19th, 2006, 16:05
I don't understand how this is possible... a person or body of individuals has a product that they paid for, they can't sell it to someone else? I mean it's not like it's licensed software or something like that. They /own/ the PSPs they are selling... I just don't get it. I know it's against the law but it's ridiculous...

I agree completely. This consumer slavery thing is getting out of hand. First an american lobby firm sues Divineo.cn for selling chinese products to america. Now Lik-Sang gets sued for selling psp's it paid for to resell, and by cowardly Europe!(of course Europe is gonna follow america like a lost puppy)

To be perfectly honest, I hope China teams up with North Korea and Japan to tell America and Europe to suck it's proverbial clock.

Corporate slavery is an ongoing problem, not only for consumers but for buisnesses as well. And with the internet, too much freedom is given to all peoples of the world.

George Bush is right though, the enemy hates freedom, too bad the enemy are corporations and governments.

Fight on freedom fighters.

By the way, you don't own the things you pay for anymore. You pay for the right to use them, according to law.

So according to law if i pay for a psp, i have the right to use it? But only the way a corporate entity outlines<---see retarded

MGFox
October 19th, 2006, 18:34
Okay, this completely absurd!

It would seem that Sony are determined to not only alienate, but well and truly piss off its customer base. Due to the undeserverd (in my opinion) dominance and popularity of the PS2, Sony have developed a ridiculus god complex, they want to dictate who can have thier products and what we are able to do with them ... and all they are doing at the moment is discouraging people from using their brand.

Frankly, I don't think Sony should give a rats-arse about homebrew, piracy or imports ... if we choose to do any of those things with OUR purchase, then WE have voided the warranty and it is no longer Sony's concern!

Sure piracy is illegal, and although I don't like it, condone it or have any desire to do it, piracy will always exist ... if people want to pirate software, they will find a way no matter what you do. Despite what is claimed, piracy does not exist on a high enough level to really impact on sales. The PS2 was the most pirated console of the last generation, and it still managed to hold the number one spot and rake in enough income for Sony to carry on developing consoles and games.

Although I love my PSP, it's only for the homebrew, and I often wish I'd chosen a GP2X instead ... I will not be getting a PS3, Sony are currently too much hassle and rarely deliver.

Cheers,
Fox

808
October 19th, 2006, 18:47
It's illegal, they got it wrong, so what?

I don't understand why people can't have patience, I'm fine with consoles getting later or delayed releases in the UK, I don't see how it makes any difference paying extra to have it a few months earlier.

mr_nick666
October 19th, 2006, 18:50
What is this I read???? :eek: $ony really are fu(k!ng morons arent they? :confused: Theyve fu(ked me off so bad with the PS3 Im getting a Wii instead and now this latest blow makes me feel that my last $ony purchase will be my PSP (a Japanese import I might add) :rolleyes: Whoever is the head of PR at $ony should be shot, stabbed, beaten and burnt (metaphorically of course) :mad:

Jonesyxxiv
October 19th, 2006, 19:55
So what if the PS3 comes out 4 months later in the UK. There are only 400,000 ready for the US launch and 100,000 for the Japan launch, so it will be very hard for those of us in the US to get one anyway. I was planning on waiting for the PS3 anyway and getting the Wii instead.

Edit: fixed typos

Baboon
October 19th, 2006, 19:59
Theyve fu(ked me off so bad with the PS3 Im getting a Wii instead and now this latest blow makes me feel that my last $ony purchase will be my PSP (a Japanese import I might add) :rolleyes:


Thats also my plan now, the Wii is loking very tasty! ...plus for the same price as a PS3 I could buy a 360 and Wii and probably still have some change left! lol :D

I'm really not impressed with Sony over this though. :mad: ...and this is very sad news for Lik Sang.

F9zDark
October 19th, 2006, 20:18
They're just trying to save their ass from PS3 importation to Europe...

I really don't understand why it would be a big deal, but I suppose Sony may have done this to protect the consumer...

Because you know, being a desperate European and buying a PS3 on ebay for 1000 dollars is something that Sony doesn't give a shit about (even though Sony sees the money either way; from the original retailer)

MUDD
October 19th, 2006, 20:20
sometimes the way almost everyone here thinks they know better than sony on how to run there bussiness is just retarded ,sony does this and sony does that ,sony is bad ,sony is screwing us again sony is trying to stop my HB .god the list goes on and on and on .

if lik-sucks is breaking the law then so be it .i hope sony can stop it ,for what ever reason they want to ill trust them ,trust them to put out the best console and handheld ever.

this is a sony news site .maybe 2 % cares about HB
but like i said before they like the traffic if not needs it to say there number 1 in HB .

F9zDark
October 19th, 2006, 20:32
But there are no laws against importation/exportation of goods, with few exceptions:

1)Illegal drugs (obviously)
2)Alcohol
3)Tobacco

See the trend there?

Selling an import PSP or PS2 from a legitimate online retailer is not illegal and its Sony's way of just being an asshole. How much did they pay that judge to make such a statement, because honestly that judge's answer in said case has no factual basis in any law (importing of goods is NOT copyright infringement; bootlegging and importing, IS.)

As far as I have seen with Lik-Sang, they operate like any other retailer (think EB-Games, but online and in Hong Kong). With all retailers, they pay the manufacturer to get the items that they display on their shelves and then sell it to people for a profit. Doesn't matter who the end user becomes, because its not Sony's place to tell said retailer who to sell the products, that Sony already collected money on, to.

goaliedude
October 19th, 2006, 21:11
screw sony bunch of a** holes!

808
October 20th, 2006, 10:12
Selling an import PSP or PS2 from a legitimate online retailer is not illegal and its Sony's way of just being an asshole.

How about reading the article first? Look:


"The law is clear; grey importing PS2, PSP or PS3 into the EU, without the express permission of SCE is illegal. Therefore, we will utilise the full scope of the law to put a stop to any retailers who chose to do this."

I don't think you get it, it is illegal. I really wish people stop going "ofmg $0ny = b@tardzzz" because at the end of day, Lik-Sang broke the law and have had the appropriate actions taken against them.

ACID
October 20th, 2006, 10:21
Well it shows sony really only cares about the money. Yep all about the benjamins

Adrenalin
October 20th, 2006, 10:31
man, i hate sony sometimes

dejkirkby
October 20th, 2006, 11:01
I hate Sony ALL the time recently.

LilSwish722
October 20th, 2006, 14:59
am i the only one who thinks sony is screwing themselves outta buisness. people are starting to hate sony more and more for the Firmware and all the legal crap they're getting themselves into. Sony needs to lay off lawsuits and let people have fun with their products instead of worrying about whos cracked this firmware and whos selling our items.

BACK OFF SONY!!!

Broadus
October 20th, 2006, 15:21
It's weird how Sony can make a great system, and then screw it up for everyone with their updates and this ridiculous lawsuit.

benn
October 20th, 2006, 15:27
cutting off their nose to save their face...
FACT importers promote sales of consoles in home regions.

i bought my PSP on laucnh in USA. i showed it to so many friends who all went wow! they are not as savvy as me and 8 out of 10 of them decided to just wait for the UK release as it was less hassle (in their mind). my import helped generate a feeling of buzz that meant by the time the UK release was here, they were ready to buy immediately.

iniquitous_beast
October 20th, 2006, 16:17
My advice to Lik-sang - Just ignore the damn judge. Lik-sang is in hong-kong, the court case was in the UK. Lik-sang should only be subject to hong kong laws.

That would be like the United States finding amsterdam citizens guilty of statutory rape, because the age of consent is lower there than in the US. It doesn't matter. They are subject to the laws of their host nation.

Sony just wanted to be bossy, and they got lucky enough to find a judge who agreed with them. No, sony doesn't give a damn about "protecting the european buyers". After all, they label their systems with the NTSC/J label. If someone from outside that region wants to buy one, then it is the seller's responsibility to remind them of the necessary power converter. Sony's hands would be clean in the matter. No, I sincerely believe that this court case was all about control.

It has happened before, and it will happen again. When a game company stops being an underdog, it starts being an asshole. Then it loses popularity and goes back to being an underdog. Remember, even nintendo was cruel and unfair when it was king; and sega gained too much confidence from the genesis. NEC did so well in japan that they never saw the need to truly make an effort in the american market. Undoubtedly, if sony does not mend its assholish ways, it will find itself in an underdog spot long before the ps4 comes out.

F9zDark
October 20th, 2006, 19:03
How about reading the article first?

I don't think you get it, it is illegal. I really wish people stop going "ofmg $0ny = b@tardzzz" because at the end of day, Lik-Sang broke the law and have had the appropriate actions taken against them.

It is not illegal. In fact, Grey Importing in EU is highly reccomended. Grey Importing, in reference to the Grey Market, is legal in most every country.

Afraid to say it, but this suit has no basis in law; as I said, grey importing is legal with the exception to motor vehicles(in some countries; in others its legal):

http://en.wikipedia.org/wiki/Grey_import

Sony is just doing this because they want to keep the Europeans from getting PS3s until March. But thats alright folks, Sony doesn't want you to buy from a legitimate online exporter, and would rather you get scammed out of your money on Ebay.

iniquitous_beast
October 20th, 2006, 22:51
I don't know much about UK law, but this seems like such a questionable ruling that it will surely be overturned. The question is whether this ruling will be overturned before the official european launch date.

808
October 20th, 2006, 23:13
It is not illegal. In fact, Grey Importing in EU is highly reccomended. Grey Importing, in reference to the Grey Market, is legal in most every country.

Afraid to say it, but this suit has no basis in law; as I said, grey importing is legal with the exception to motor vehicles(in some countries; in others its legal):

http://en.wikipedia.org/wiki/Grey_import

Sony is just doing this because they want to keep the Europeans from getting PS3s until March. But thats alright folks, Sony doesn't want you to buy from a legitimate online exporter, and would rather you get scammed out of your money on Ebay.

So, a multi-million dollar company is prepared to take legal action against a another company, that is doing something legal?

Sure.

F9zDark
October 20th, 2006, 23:26
So, a multi-million dollar company is prepared to take legal action against a another company, that is doing something legal?

Sure.

The fact that you don't believe its possible just shows how naive you really are. I don't know the motives behind this(even though I can speculate); but grey importing has been legal for a long time; as I said, the only items that grey importing is not legal is cars(namely to the US; which makes it a federal crime to have a vehicle that does not adhere to EPA standards).

The fact that Sony took Lik-Sang to court in the UK seems to indicate that Sony is just trying to 'protect' its future European market.

But as I said earlier, its all for null; Sony makes money from Lik-Sang selling PS3s as they would if EB-Games was selling PS3s. Unless of course Sony plans to drop a price increase on the European market to make up for lost revenue (which wouldn't surprise me).

MUDD
October 21st, 2006, 07:08
[QUOTE=F9zDark]The fact that you don't believe its possible just shows how naive you really are. I don't know the motives behind this(even though I can speculate); but grey importing has been legal for a long time; as I said, the only items that grey importing is not legal is cars(namely to the US; which makes it a federal crime to have a vehicle that does not adhere to EPA standards).

Lik Sang's sales of Sony PSP Consoles illegal, according to London High Court Judge

im happy being naive than the other choise ,looks like you were wrong F9zDark. sorry you cant be a spy .

GSA1508
October 22nd, 2006, 14:15
After working for Sony for quite some time, I was fully "married" to their products for their egde technology, relialability & great quality; But with actions like this and all the Sh&* we have seen before from them; I cannot avoid to feel frustated and disapointed for Sony. It looks like Sony try to compensate their last marketing fiascos (and some quality accidents they had) and just focus on F*&%ing people around the world .... it looks like ..... Bill Gates took over the company or some greedy Ba%$#@D!!!! ...... If the deceased Mr. Akio Morita (one of the two founders of the company) knew about this he would be rolling on his grave just now.

He always tryied to provide to the consumers a good and quality product at a good price, He never craved for LOTS of money.. that was never his agenda.

I see this and detect a HUGE mistake from Sony. IF you cut and restrict the market you are Toast; I agree that if from one region to another there are some TECHNICAL restrictions; what happened to GLOBAL products? SOny was pionner making products that work on any voltage zone; among other requierements ..... and if SO; only by REQUESTING IMPORTERS (or in this case the Seller) that MUST warn their customers of the potential problems they may face when buying a product from overseas, or just directly inform the consumers about the "potential" problems of such practices ...
BUT Suing and forcing by the use of law only creates negative image of SONY. NOW they are one step closer to be as hated as Mr. Gates .....

Trully disapointing ...:mad:

F9zDark
October 23rd, 2006, 04:21
[QUOTE=F9zDark]The fact that you don't believe its possible just shows how naive you really are. I don't know the motives behind this(even though I can speculate); but grey importing has been legal for a long time; as I said, the only items that grey importing is not legal is cars(namely to the US; which makes it a federal crime to have a vehicle that does not adhere to EPA standards).

Lik Sang's sales of Sony PSP Consoles illegal, according to London High Court Judge

im happy being naive than the other choise ,looks like you were wrong F9zDark. sorry you cant be a spy .

Spy? Its not being a spy, its being intelligent. Rather than accept blindly what happens, call it into question.

Why a London judge is telling a CHINESE company how to do business is absolutely ridiculous and sets a terrible precedent for the import game industry in the future.

pibs
October 23rd, 2006, 04:59
what happen to freedom of trade? fudge i knew i shouldnt of paid attention in history class since it seems to be useless.

so does that mean a ebay lawsuit is coming next?

F9zDark
October 23rd, 2006, 17:46
what happen to freedom of trade? fudge i knew i shouldnt of paid attention in history class since it seems to be useless.

so does that mean a ebay lawsuit is coming next?

I am not certain but I have heard word (from a source that isn't too reliable) that Sony has asked Ebay not to allow the sale of PS3s. Whether this means totally or just to European consumers, I don't know.

But also, as I said the source isn't too reliable and could be completely wrong. I don't believe it myself, but haven't had time to try to verify it (since I believe Ebay would have posted it somewhere, if true.)