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Stephen Fitzgerald of Torridon Road, Bolton, was sentenced by Carlisle Crown Court 23 November for his while-you-wait 'chipping' activities which he carried out at computer fairs and via a website 'www.mods-and-sods.co.uk'.

'Chipping' is the practice of altering games consoles in order to get around copy-protection technologies, thus allowing pirated games to be played and disabling the region-coding for DVD playback.

Fitzgerald pleaded guilty to nine

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charges relating to 'chipping' games consoles, contrary to the Copyright Designs and Patents Act 1988 (copyright circumvention offences) and ordered to pay £2,500 towards prosecution costs. He was also subject to a Proceeds of Crime Act (2002) confiscation order for £2,710, to be paid by 23rd May 2007, or face three months in jail.

The maximum penaly is two years imprisonment and an unlimited fine.

Fitzgerald had previously argued that a console game was merely a computer program and not subject to the copyright protection afforded to artistic works, animation, music and film. However, the court found otherwise.

Michael Rawlinson, managing director of ELSPA (Entertainment & Leisure Software Publishers Association), said: 'We have always believed that 'chipping' consoles is a clear criminal offence and the result of this case has confirmed it. This means that people who modify games consoles to enable them to play copied games will now face the full force of criminal law which can lead to substantial fines or even imprisonment.'