Kevin Fuchs does not dispute that he was a software pirate.

As GamePolitics reported yesterday (see: ESA Happy to See Game Pirates Going to Jail), Fuchs copped a plea to federal charges that he was part of a warez group which shared pirated game software. He will begin an 8-month stretch in a federal prison soon, followed by another 8 months of house arrest.

So what did Kevin Fuchs do? The ESA's press release didn't specify, except to say that Fuchs supplied and tested software for his warez group. But GamePolitics has obtained a copy of Fuchs' indictment, which alleges that he targeted the following games and software products:

• NCAA Football 2004 (Xbox)
• NFL Street (Xbox)
• MS Encarta Deluxe 2004
• Unreal Tournament 2004
• MS Windows 2000 Professional
• Kill Bill, Vol. 2

Fuchs' role in his warez group was to download software cracked by other members, test to make sure it worked properly, and then re-upload it for distribution. He also supplied "key generators," software which creates access keys for copyrighted software.

While the FBI alleges Fuchs committed piracy for personal gain, his indictment reads more like that of a gardern-variety warez kid. Even the feds acknowledge this aspect of the warez scene in the indictments's introductory paragraphs:

Other motives in addition to profit include the thrill and social comradery members obtain through clandestine participation in the illegal activity; and the reputation and fame that attends membership and participation in the "top" warez groups.

Indeed, if Fuchs was in it for the money, it wasn't working. A March, 2008 motion filed by Fuchs' attorney with the U.S. District Court for the Western District of North Carolina (where the case originated) asks for a continuance of Fuchs' sentencing because he and his parents could not afford to travel from New York to North Carolina.

The motion also notes that Fuchs has apparently engaged in efforts to rid himself of the pirate's stain:

Professor William Haslinger, of the Hilbert College Economic Crime Investigation Department located in Hamburg, New York... has worked with Fuchs since his arrest and plea to enhance awareness of the illegality and economic harms associated with digital downloading of music and software via the internet, which remains widespread and is often perceived as legal activity. Professor Haslinger will provide evidence of Fuchs’ post offense rehabilitation and his participation as a speaker in forums for college students regarding the illegality downloading and what can happen if you are caught.

Game publishers lobbying group the Entertainment Software Association (ESA) today issued a press release high-fiving jail terms handed down to a pair of software pirates.

As GamePolitics reported recently, Kifah Maswadi of Florida received a 15-month sentence for peddling nearly $400,000 worth of Power Player handhelds. Each contained ROMs of dozens of old NES games.

The ESA is also pleased to see Kevin Fuchs of West Amherst, New York headng off to the Big House for 8 months of jail time followed by another 8 months of house arrest. Based on court records reviewed by GamePolitics, Fuchs wasn't in it for the money, but rather was part of the game warez scene in a big way.

We'll have more exclusive details on Fuchs' case in Friday's GP coverage.

ESA boss Michael Gallagher commented on the sentences handed down to Maswadi and Fuchs:

We commend the U.S. Department of Justice Criminal Division’s Computer Crime and Intellectual Property Section, the U.S. Attorney’s Offices for the Western District of North Carolina and the Eastern District of Virginia and the Federal Bureau of Investigation for their work in bringing these criminals to justice. These decisions illustrate, once again, that game piracy will not be tolerated and the extent at which these criminals will be prosecuted.  The ESA and its members will continue to support law enforcement’s efforts to protect the intellectual property of our industry.

As GamePolitics reported earlier this week, the Entertainment Software Association (ESA), the lobbying group which represents the interests of U.S. video game publishers, announced that it has hired Kenneth Doroshow to serve as the organization's General Counsel.

Doroshow was formerly employed as Senior Vice President, Litigation and Legal Affairs for the Recording Industry Association of America (RIAA). During Doroshow's tenure the RIAA gained a reputation for employing heavy-handed legal tactics against individual file sharers.

New York attorney Ray Beckerman, who runs the Recording Industry vs The People blog, worries that gamers will now face the same type of oppressive enforcement strategies:

I guess we may have to rename this blog "Gaming Industry vs. The People" some day, as we have just learned that Kenneth Doroshow -- the RIAA executive who was supposed to debate the statutory damages issue with me back in March, but who chose to avoid that subject and instead recounted his opinion of the facts in Capitol v. Thomas, and who later inserted some paper he'd written into the transcript of the conference instead of allowing his talk to be reported -- has left the RIAA and joined the ESA (the "Entertainment Software Association").

 

If he accomplishes for game manufacturers what he accomplished for the recording industry, I would say the industry's prospects are bleak.
 

Beckerman also reports that Doroshow defended the $222,000 verdict levied against single mother Jammie Thomas (seen at left) for file sharing mp3s:

At Fordham Law School's annual IP Law Conference this year, [Beckerman] had a chance to square off with Kenneth Doroshow, a Senior Vice President of the RIAA, over the subject of copyright statutory damages. Doroshow thought the Jammie Thomas verdict of $222,000 was okay, he said, since Ms. Thomas might have distributed 10 million unauthorized copies. [Beckerman], on the other hand, who has previously derided the $9,250-per-song file verdict as 'one of the most irrational things [he has] ever seen in [his] life in the law', stated at the Fordham conference that the verdict had made the United States 'a laughingstock throughout the world.'

GP: For more the Jammie Thomas case, click here.

Thursday's newsletter from gamesindustry.biz contains a terrific editorial on the controversial targeting of file sharers by five U.K. game publishers.

It's a real eye-opener.

Although many gamers were incensed by the attack, gi.biz goes beyond mere opinion and lays out some troubling facts behind the ham-fisted campaign being waged by Atari, Codemasters, Topware Interactive, Reality Pump and Techland:

None of the big publishers or platform holders have touched the action with a barge pole... A group of tier 2 and tier 3 companies... have hired a firm called Davenport Lyons to take action against private individuals for using file-sharing networks to distribute games. This, it appears, is a Davenport Lyons "speciality"...this is a company whose reputation is coloured by a history of threats against private individuals...

 

Davenport Lyons... appear to be using data from a company called Logistep... there have been serious concerns over the legality of Logistep's methods in several European states. In... Switzerland, it stood accused of violating the law in its pursuit of pirates...  In France, a lawyer who was working with Logistep was recently banned from practising law for six months for almost exactly the same behaviour which Davenport Lyons has just demonstrated in the UK...

 

That seems to be why the shock-and-awe tactics of this mass mailing are being employed. £300 or thereabouts is a nice figure - enough to sting badly... but not enough for most people (innocent or guilty!) to be willing to go and hire a lawyer and fight the case...

 

In that case, "grubby" doesn't begin to describe it - just as, when innocent people start receiving those letters and clamouring in large numbers to the media, as they inevitably will, "PR disaster" doesn't begin to describe what will happen next. 

 

Fight piracy. Fight it with every weapon in the arsenal - but play fair. This kind of dirty, nasty and legally questionable action will do nothing other than bring the industry into disrepute...
 

GP: Bravo, gi.biz!

Speaking at GCDC in Leipzig, EA exec Peter Moore said he did not favor the heavy-handed approach to file sharing embraced by five U.K. game publishers this week.

As GamePolitics reported yesterday, Atari, Codemasters and three smaller firms said they would demand £300 from 25,000 people alleged to be file-sharers. Those who fail to pay will be sued in court. A U.K. woman found guilty of sharing a PC pinball game recently was ordered to pay publisher Topware Interactive £16,086.

gamesindustry.biz reports on Moore's comments:

GP: Kudos to Peter Moore for having the brass to take a stand against the consumer-hatin' tactics of Atari, Codemasters, Topware, Reality Pump and Techland.

Let's hope that Ken Doroshow is paying attention.

Yesterday GamePolitics covered the Justice Department's announcement that 24-year-old Kifah Maswadi had been sentenced to 15 months jail time and fined $415,000.

His offense?

Selling the Power Player system, a handheld which connects to a television and offers players access to 76 old - but still copyrighted - NES games.

While federal court documents indicate that it took an FBI undercover operation to bring Maswadi down, we note that the Super Joy Power Player III remains available for purchase - right out in the open - on Amazon.com. While the system is not sold by Amazon itself, seven Amazon "sellers" offer the item under the Amazon logo, including Texas-based Anythingonsale and Darmah76 from New York. Prices range from $11.99 to $40.00.

The Amazon product description page describes the system, along with some of the NES titles it plays:

Included: Main System Controller, Joystick Control Pad, Light Gun, AC Adapter & AV Cable. Play Games Like Super Mario Bros., Pac-Man, 1942, Stargate, Joust, Dig-Dug, Galaga, Contra, Hogan's Alley, Donkey Kong, Space Invaders & Popeye.

Although Amazon provides the sales platform for its registered sellers, it is unclear how much oversight takes place. The Amazon sellers program website offers the following blanket disclaimer regarding copyright violations:

Amazon is not involved in the actual transaction between Sellers and Buyers... As a Seller, you may list any item on the Site unless it is a prohibited item... Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights... or (c) is counterfeited, illegal, stolen, or fraudulent.
 

With other sellers still openly peddling the Power Player, why was the FBI so interested in Maswadi?

Yesterday, GamePolitics reported that an unemployed immigrant mother of two was ordered by a British court to pay £16,086 (roughly $30,000) to Topware Interactive for uploading its pinball game to a file-sharing network.

Things are about to get much worse.

Today's Times Online reports that Topware's case against Isabella Barwinska may only have been the tip of the iceberg. According to the Times, a quintet of U.K. publishers are targeting those who share PC games. Calling the action an "unprecedented assault on illegal downloads," the Times names Topware, Atari, Reality Pump, Techland and Codemasters as the firms involved. The report says the companies plan to notify 25,000 U.K. consumers that they must pay £300 to settle file-sharing accusations. Otherwise, they risk a ruinous court judgment of the type lodged against Barwinska.

From the Times:

It is estimated that as many as six million people in Britain share games illegally over the internet. The aggressive action marks a dramatic change in the approach to copyright on the internet. The British music industry, hit hard by illegal file-sharing, has taken action against just 150 people in ten years...

 

The move has provoked strong criticism within the games industry. A source close to the Entertainment and Leisure Software Publishers Association said that most publishers would be reluctant to bring legal actions against their “core market” and would be likely to look for other ways to minimise losses due to piracy.

A lawyer for the five publishers commented:

Our clients were incensed by the level of illegal downloading. In the first 14 days since Topware Interactive released Dream Pinball 3D it sold 800 legitimate copies but was illegally downloaded 12,000 times. Hopefully people will think twice if they risk being taken to court.

Via: Edge Online

A British woman who uploaded a PC pinball game to a file-sharing network has been ordered to pay publisher Topware Interactive £16,086 (roughly $30,000).

As reported by the BBC, Isabella Barwinska's troubles began when the London woman uploaded a copy of Dream Pinball 3D (retail value about $30). The case was heard at London's Patents County Court. Victorious Topware lawyer David Gore said:

The damages and costs ordered by the Court are significant and should act as a deterrent. This shows that taking direct steps against infringers is an important and effective weapon in the battle against online piracy. This is the first of many. It was always intended that there would be a lot more.

IP lawyer David Harris, who has no stake in the Topware case, told the BBC:

This is a proper Intellectual Property (IP) court that has made this judgement. The previous ones were default judgements where defendants never turned up. It's a much more interesting case in that respect.

Becky Hogge, director of the UK's Open Rights Group commented on the ruling:

An open court process with a full report is certainly preferable to justice of the type being mooted by the government on P2P, where activity takes place behind closed doors through industry action... In relation to the orders for release of personal data, it is important that court processes do not become rubberstamps for industry action but retain judicial safeguards and independence.

Meanwhile, the Daily Mail reports that the defendant is an unemployed Polish immigrant and mother of two from London's downscale East End. As GamePolitics reported last month, four alleged file sharers made lesser settlements with Topware.

The Entertainment Software Association (ESA), which represents the interests of U.S. video game publishers, has hired a former executive of the Recording Industry Association of America (RIAA) as the organization's new general counsel.

According to an ESA press release, Kenneth Doroshow will take up his new position with the ESA in September. He succeeds Gail Markels as GC. As GamePolitics reported earlier this year, Markels, who had been with the ESA since its formation in 1994, did not have her contract renewed under new ESA CEO Michael Gallagher. Of Doroshow, Gallagher said:

The ESA continues to attract and recruit the brightest individuals. Ken has remarkable expertise in the protection of intellectual property and an excellent understanding of the increasingly connected, dynamic, and innovative entertainment environment we live in. The computer and video game industry will be well-protected with Ken’s guidance and I know he will help facilitate our growth to even greater heights.

Doroshow served as Senior Vice President, Litigation and Legal Affairs for the RIAA, the trade group that represents the U.S. recording industry. As the head of the RIAA’s litigation department, he led efforts to protect the copyrighted works of recording artists and managed cutting-edge anti-piracy lawsuits against companies like LimeWire, Usenet.com and AllofMP3.com.

The copyright community is fortunate to have strong advocates in Washington at a number of trade associations who are working on their behalf, and I am so pleased to see one of these seasoned professionals continue this work to the benefit of the entire creative community. Ken brings a wealth of intellectual property knowledge and experience to the Entertainment Software Association. He has worked in multiple facets of the copyright industries and will be a knowledgeable addition to the ESA. The Copyright Alliance looks forward to continuing to work with Ken in this new role.

The United States Attorney's Office has announed that a Florida man who dealt in pirated video games has been sentenced to 15 months in prison and fined $415,000.

According to a press release, Kifah Maswadi, 24, of Oakland, Florida had pleaded guilty in June to selling Power Player handheld units which were pre-loaded with more than 75 titles, mostly owned by Nintendo and Nintendo licensees. According to the feds, Maswadi earned more than $390,000 peddling the handhelds.

From the press release:

In addition to the 15 month prison term and restitution order, Maswadi was ordered to serve three years of supervised release and to perform 50 hours of community service, which includes educating the public on the perils of criminal copyright infringement.

That's what the press release says. But GamePolitics has probed court records and has many more details on the case:

According to Maswadi's indictment, he charged $23.99 for wired versions and $47.99 for wireless units. Both types connect to televisions.

The case began in 2006 when an FBI agent, acting undercover, placed an order with Maswadi for 100 Power Play units at an agreed-upon wholesale price of $10 each. The agent told Maswadi that he planned to sell them at a mall in Manassas, Virginia during the holiday shopping season. The agent eventually purchased 80 more units from Maswadi. In April, 2007, agents raided Maswadi's facilities in Florida. According to the indictment, he admitted to both selling the units and knowing that they infringed on game copyrights.

Court documents indicate that Nintendo reps found 18 unspecified first-party titles on the Power Play units as well as 58 unspecified titles owned by Nintendo licensees. More than 8,500 units were sold by Maswadi. The ESA, which represents game publishers, estimated that the retail value of the Power Play units at $50 each (although the indictment states that Maswadi sold them for $23.99 or $47.99). While admitting his guilt, Maswadi disputed the government's valuation of the loss caused to game publishers. His sentence was below the typical minimum range for the crimes charged.

A Wikipedia entry on the Power Player describes the system and lists a number of the games included (which appear to be old NES titles). The WikiScanner utility indicates that the ESA edited the "legal issues" section of the Wikipedia entry in April, 2007.

BoingBoing co-author Cory Doctorow gives a wide-ranging interview to the Chicago Tribune in which he touches on misperceptions about violent video games and the Virginia Tech massacre.

There’s this broad consensus that the Virginia Tech murders had something to do with violent video games. When you actually read the coroner's inquest report, video games are mentioned twice. The first is his mother saying he never wanted to play those video games. The second is his roommate saying, "We always thought he was weird because he never wanted to play video games." Yet it’s still a [popularly held] truism that violent video games must be responsible for Virginia Tech.

 

GP: As GamePolitics has reported in the past, the official commission investigating the Virginia Tech rampage found only one game that the killer played - Sonic The Hedgehog.

Media accounts of Saturday's murder of a Bangkok cab driver have caught the attention of a Filipino blogger who fears GTA-inspired violence.

Perhaps more interesting,however, is a brief glimpse into the Filipino game piracy scene offered by the Pinoy Biscuits blog:

Did you know that Grand Theft Auto pirated discs are selling like hot cakes in the Philippines? Go to Greenhills, San Juan you'll be able to buy a bootleg/pirated copy of the whole Grand Theft Auto series.

 

A time bomb is just waiting to explode in the Philippines. Lawmakers in the Philippines aren't that serious yet when it comes to video games, it's always too late as in the case of almost all other cases here in the Philippines.
 

As GamePolitics has reported in the past, the Entertainment Software Association (ESA), which represents the interests of US game publishers, is backing a proposal to bring tougher, DMCA-syle copyright laws to Canada.

Along those lines, GP just picked up on this video of a May, 2008 TV debate on the issue between ESA VP Stevan Mitchell and Howard Knopf, a Canadian attorney. Mitchell is specifically worried about mod chips. He holds one aloft during the program.

For his part, Knopf is aghast at the notion that American corporate interests might force copyright changes in Canadian law. Knopf seems to have the interests of Canadian consumers at heart.

Unfortunately, Knopf does not articulate his points especially well - perhaps due to the tight time frame of the debate - while the hosts of the program seem to jump right in line with Mitchell of the ESA. Maybe that's because the program aired on the Business News Network. shiny dot bulletin comments:

It’s amazing how the hosts are really willing to bend to American market interests as opposed to listening to Howard about the facts and issues.

Knopf runs the Excess Copyright blog, the motto of which is:

Copyright is good. Excess in copyright is not.

In a novel, if certainly controversial suggestion, Filipino game design artist Ryan Sumo argues that video game companies should compete with bootleg sellers in poorer countries by selling products with minimalist packaging and even allowing the pirates to burn the actual discs.

Sumo makes his argument in a guest column for The Escapist:

Piracy supports an underground economy and the livelihoods of thousands... in Asia, especially in countries where most people live below the poverty line. This underground exists primarily because its participants cannot afford the exorbitant prices charged by game publishers...

 

Publishers and console manufacturers like Nintendo are convinced that once they stop piracy, the money from all those lost sales will suddenly come flowing into their coffers. For whatever reason they never take into account their prospective market's spending ability...

 

In the Philippines... piracy isn't a matter of right or wrong; it's a matter of survival. To eradicate piracy means depriving people of jobs... It means eradicating the businesses that employ them and negating the taxes funneled to the Philippine government. Developers and publishers will claim a huge victory, but they'll soon notice that those billions of dollars in lost sales aren't exactly showing up on their bottom line.

GP: This is a provocative way to look at the piracy issue. Sumo makes a reasonable economic argument. On the other hand, the publishers do have legitimate rights.

August 1, 2007 is a date that 32 American families are not likely to forget.

On that Wednesday, more than 100 federal agents from the U.S. Immigration & Customs Enforcement (ICE) service, a division of the Department of Homeland Security, executed search warrants on 32 homes in 16 states. The ICE agents, who were seeking mod chips for console systems, were acting in concert with employees of the Entertainment Software Association (ESA), the trade association operated by US video game publishers.

Among the feds and the ESA, the raids were code-named "Operation Tangled Web." The mod chip investigation began in the ICE field office in Cleveland and the case continues to be coordinated by the U.S. Attorney's office there. The raids generated a fair amount of publicity as well as criticism from some quarters.

In the more than 11 months since Operation Tangled Web, GamePolitics has been attempting to find out what happened to the 32 mod chip suspects who were targeted in the raid. In that time the feds have made no announcements concerning arrests or indictments. Although we've been in contact with ICE several times we have received no information so far.

Our search of publicly-accessible federal court records has turned up only one of the 32 search warrants. That's an indication that the others are still sealed. And in the one we did manage to locate, the probable cause section is not available, so we don't know the basis for the investigation, what the agents uncovered, etc.

But an April 7th website post may yield some clues as to the investigation's status. The author reveals that he received a target letter from the Department of Justice in relation to the raid on his home. The DOJ letter, as described by the author, seems to encourage a quick guilty plea in lieu of a full-blown indictment and federal court trial :

A few days ago I received a letter from the Department of Justice. The letter stated that I was the target of an investigation by Homeland Security (Immigration and Customs Enforcement). In the letter, they inform me, that the potential violations are:

 

1. Title 17 US Code, Section 1201 (in connection with the sale and installation of modification chips)
2. Title 18 US Code, Section 545 (relating to the importation or smuggling of modification chips)
3. Title 18 US Code, Section 1956 (money laundering)

 

The letter goes on to say that if I want to resolve the matter before I am indicted, they suggest I obtain a defense counsel. It also states that defense counsel will be in a much better position to explain the advantages of a one count felony plea. The letter goes on to say that a plea would present significant sentencing concessions on the part of the government, over the sentence that I would get, should I let the indictment process (and subsequent multiple felony convictions) proceed.

GamePolitics has learned that at least one other individual has also received such a letter. It would seem likely that many, if not all, of the 32 suspected mod chippers will be offered quick plea bargains in this fashion. Perhaps ICE and the ESA are waiting for the upcoming anniversary to make an announcement.

On the fallsinc website, the author goes on to say:

I honestly do not believe that I have violated any law, and as such, I feel I should not be charged with any crime, nor should I have my property confiscated. The actions of big business lobbyists is very apparent in this action, and destroying the lives and livelihoods of 32 people just to satisfy “The Big Three” is not a move that I see in the best interests of the people.

 

At this point I need all the help I can get. If you are a video gaming or linux enthusiast, or just a user who enjoys the ability to get more out of legally purchased hardware, I need you at my side...

A copy of an Operation Tangled Web search warrant obtained by GamePolitics from publicly-accessible federal court records shows that 10 WiiKey modchips and one Xeno modchip were among items seized from an Ohio residence believed to be that of the author of the fallsinc website. 

Mod chips are illegal in the United States under the Digital Millennium Copyright Act (DMCA). They are not illegal, however, in some other countries, including Australia and Canada. Last month, a court in the UK dismissed a case against a British mod chipper, ruling that mod chips do not violate copyright under English law.

ESA CEO Michael Gallagher is quoted on Operation Tangled Web in the organization's 2007 year-end piracy report:

As an industry, we protect our intellectual property, encourage our government to crack down on those who break the law, and urge other governments to take similar action against video game pirates. Yearly worldwide game piracy costs total over $3 billion and it impinges on businesses and employees who create, develop, and distribute innovative products.

 

The ESA will work with federal law enforcement to ensure that those engaged in the illegal trade of circumvention devices are prosecuted to the fullest extent of the law.

Four UK citizens were slapped with fines after the publisher of a PC pinball game charged that they uploaded the product to file-sharing networks.

MCVUK reports that the four were each required to pay £2750 (roughly US$5,500) to Topware Interactive, publisher of Dream Pinball 3D. The company's attorney said that additional cases would be lodged against file-sharers this week:

Copyright owners spend millions of pounds developing copyright works for sale to the public for their enjoyment and yet many think it is acceptable to obtain te work illegally and for free by procuring a copy on a peer-to-peer network.

Attention from investigators has driven video game pirates away from Singapore's town center, according to the Electric New Paper:

[Some] shops appeared more suspicious of potential buyers. To convince them, you'll have to strike up a conversation - or even buy a few original games - before they'll show you the pirated ones. Only one of the four shops... that we visited was willing to let us examine the cart before we bought them. Others insisted that we buy them.

The ESA, which represents the interests of video game publishers in the United States, maintains a presence in Singapore. From the report:

Mr Cyril Chua, counsel for the [ESA], said that checking on shops in heartland estates is more difficult than investigating stores in central locations.

 

'They often sell pirated wares only to regular customers,' he said.

 

Another problem is that pirated games can now be downloaded from the Internet, then installed on ame consoles by the users themselves.

 

'Piracy over the Internet is more difficult to track than retail piracy,' Mr Chua noted.

An appeals court in the UK has ruled that mod chips do not violate copyright protections, according to a report on TeamXecuter.

The ruling ended the prosecution of Englishman Neil Higgs, who did business as MrModChips. Higgs was convicted last October, with police seizing some 3,700 chips from his residence. Justice Jacobs, presiding over the case, was apparently persuaded that any copyright infringement had already taken place before resellers like Higgs became involved.

Higgs' website is currently displaying the word "Victory", with a picture of Winston Churchill flashing the famous V-sign.

Not unexpectedly, game biz whinging has begun. Industry veteran Bruce Everiss bemoans the decision on his Bruce on Games blog:

It is only by protecting copyright that game developers can be paid for their work. And if they aren’t paid for their work then they won’t make games as we have seen so many times before.

Meanwhile, as MSN points out:

The verdict follows a similar case in Australia, which legalised mod chips in the country back in 2002, when Sony lost its legal battle to sue a seller. Judge Ronald Sackville declared that the mod chips did not violate Australian laws forbidding the circumventing of "technological protection measures", as they also prevented legal activity, such as playing back-up and imported games.

GP: There's been no collapse of the video game industry in Australia that we've noticed. In fact, things there seem brighter than ever for the industry, mod chips and all.