Kotaku
Uh oh! This story might mark the end of Ken Kutaragi's wacky "The PS3 is a computer!" quotes. Because the UK Court of Appeal, in a fantastic legal fatality, has stomped down hard on Sony's flailing spine, denying that the PS2 qualifies as a home computer.
As we've mentioned before, the reason Sony is claiming the PS3 is a computer is because they want to avoid an expensive EU import levy. This is also the reason they released Linux for the PS2. But the UK courts saw through Sony's case for the transparent, largely semantic ploy it was.
Dismissing Sony's entire argument as a joke, Lord Justicee Chadwick said Sony's "skeleton argument" went "beyond what can be regarded as acceptable written advocacy." He continued:
I am not protesting about [the Sony appeal's] inordinate length, nor about its discursive quality, nor about its frequent and unnecessary resort to hyperbole, although all those unappealing features are present...My concern is with the repeated aspersions that are cast in that document on the intellectual honesty of the High Court Judge from whose decision this appeal is brought.
Burned, Sony! BURNED. The UK Court of Appeals also denied Sony the right to bring the case to the European Court of Justice.
Comments
heh i remember this, as well as the lets throw in a keyboard and that makes it a pc, bollocks!!!
I fail to understand how they make a distinction. "Computer" is a very broad term. Do they mean an electronic computational device intended to be used primarily for work rather than play? Didn't we just see a story the other day that was about an XBox being used as a server? Silly import duties.
Here's an easy distinction. We're not talking a computing device, we're talking a personal computer. It isn't involved with the specific hardware designs or even software involved. It is the usage. If, say, 95% of people used a device as a Translator, it wouldn't matter if it had a calculator on it, it'd be a translator by law and import rules. If 95% of people used a device as a gaming console. It'll be a gaming console, not because of what it CAN do, but because of what it is used for by the majority. If law's were written by the minority, the world would be VERY different, and very scary. Sure, I can rig up a PS2, or an X-Box to be a server/PC/Masturbation tool (Via REZ) but that doesn't make it one. Think of "Common Use" as the thing that deligates import laws in any country...
Hey weatherman, you should read the actual judges' decision: "In the present context the relevant CN sub-headings in relation to the Sony PlayStation2 are 8471 10 00 (automatic data processing machines) and 9504 10 00 (video games of a kind used with a television receiver)." It's actually very specific. The PS2's purpose is that of tariff item code 9504 10 00. Period. And now, because there's legal precedent, it's extremely unlikely if not impossible for Sony to pull his again. I wonder if it means they'll have to pay back-taxes as well.
"Computer" is a very broad term. "Home Entertainment" isn't. I think one of these terms is taxed heavily.
So a PC is a games system...
point in hand > Mobile Phones....just because it has a camera, or a calculator, or plays games, surfs the web, personal organiser, sends email, text messages, runs Windows, iTunes....etc, should it be called a computer?? It clearly has the advantage of a PS2 which has linux because we want to call it a computer to evade income tax and reach a niche market! Nope...a mobile phone is still a mobile phone! subject to income taxes no doubt
wasint sony bashing on the xbox by saying it's a computer...
They deserve it. Calling the PS2 a computer is the biggest joke ever. Even with Linux, the PS2 is still pathetic. *looks at my fully modded and fully useless PS2 while rolling eyes*
BUT PS3 A COMPUTER! Reprace you PC with PS3, and get most enjoy out of you six hundred dorrar. Gran oTurimso 4 HD is worth price of arone! It same game as before, onry girrs ruve you more!
Rayzak, your Sony-mocking posts pwn all! I love it! Keep it up.
You know what? The PS2 with the Linux kit is a computer. You know what else? The PS2 without a Linux kit is not a computer. Hunh. Unless they can ship every single PS2 they sell with the Linux kit, they deserve what's coming.
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