Circumvention of TPMs must be opposed

19.09.2006

By observing the business practices of the shops selling modified consoles or offering the modification services, it is not difficult to find out the true reason. Over the past few years, even before the Copyright Ordinance was amended in 2003 for legalizing the sales of parallel imported computer games, counterfeit games have been continuously available in these shops or the locations nearby. When civil actions were taken against them for the sales of modified consoles or pirated games, these shops avoided liability and continued their business by simply changing their names of the shops. The copyright owners, at the end, get nothing.

Hong Kong received complaints of video game software piracy problem for years. The proposed amendment on copyright laws is a good way to end the "hide-and-seek" between copyright owners and infringers.

However, it is regrettable that the exception on circumvention of regional coding creates the loopholes which jeopardize the effectiveness of the TPMs and defeats the purpose of the new provisions. The administration shall consider removing this exception from the bill so that our law can be strengthened for reducing Hong Kong's piracy problem.

Sin Chung Kai is Hong Kong's Legislative Councillor for IT. Contact him at cksin@sinchungkai.org.hk