Sony continues the absurd PSP Legal Actions

[Doctor Oak]

This time, famed importer Lik-Sang has fallen victim to Sony's uber-sillyness over people importing a system to the UK that was supposed to launch MONTHS ago.

The press release:

Lik-Sang.com taken to court by Sony for selling PlayStation Portable (Sony PSP)

FOR IMMEDIATE RELEASE

Hong Kong, August 8, 2005 – Lik-Sang.com, leading online retailer for videogame systems, games and cutting-edge gaming gear, was today informed that Sony Computer Entertainment Europe Limited and Sony Computer Entertainment Inc commenced legal actions against Lik-Sang.com in the High Court of Hong Kong for selling PSP consoles.

Sony of Europe alleges that Lik-Sang.com has breached Sony's Trade Mark rights by offering the PlayStation Portable (PSP) for sale to customers in the UK, and seeks a court order that would prevent Lik-Sang.com from selling or offering systems, games and accessories to customers in the UK and the European Economic Area (EEA).

Sony further claims copyright infringement and damages by mirroring the freely available PSP manual on the news section of Lik-Sang.com during early June. Sony UK warned Lik-Sang.com at June 14 to take legal actions, should the manual and any hypertext links to Sony's web site not be removed. Lik-Sang.com complied with Sony's request to remove the manual immediately.

This lawsuit comes as a total surprise to Lik-Sang.com, given that the laws of Hong Kong are clear when it comes to parallel trade. Hong Kong's legislation is based on the fact that allowing parallel and free trade will restore natural competition and benefit consumers with lower prices. Hong Kong, one of the pioneering countries respecting worldwide exhaustion of trademark rights, allows free trade once an item entered the market for sale.

The company running Lik-Sang.com, Pacific Game Technology (Holding) Limited, is fully registered and operating in Hong Kong and has no ties with the UK. The company is currently looking into available options to combat Sony's cynical attempt to disrupt the successful online business again, gain total market control, and garner publicity.

"Lik-Sang's sales are an unlawful interference with Sony's economic interests", stated Sony's legal correspondence. The case relies on Sony's claim, that Lik-Sang.com has advertised the PlayStation Portable products in a "dishonest manner". Lik-Sang.com will do its best to fight Sony's powers and appreciates any support from employees, friends and even customers.

"This is the most aggressive move against its own customers that a console manufacturer has ever taken in the 30 year history of videogames", says Pascal Clarysse, Marketing Manager for Lik-Sang.com. "Sony wants to completely cut hardcore gamers away from items released in Japan or anywhere else outside their own country. A very active part of the gaming community has been enjoying Japanese gaming culture for over two decades, and that's what the Empire is now willing to destroy."

Daily business is unaffected by this lawsuit. Customers in the UK and elsewhere don't have to worry about negative side effects or disruption of service. Shipping, Customer Support and Ordering Processing are fully operational and Lik-Sang.com remains open as usual. The sites news section will be updated as soon as the situation evolves.

 

[Kadabra]

Hahaha, serves them right. I know someone who owns a retail business in Japan, and he knows the guys at Lik-sang... he said once that they have very nasty business practices.

 

[bell02+]

I never liked Lik-sang, but I say since sony is casing so much trouble they should just stop carring their PSP products all together. It seems like it isn't pulling the majority of their sellings anyways (lol, maybe that's still a bad idea).

I think this is just putting an excuse out for Sony though. The PSP should have been released in Europe months ago, it's only going to hurt relations there more.. (because it's not like they're going to have a lot of AAA games after the wait either!). They should have atleast tried to directly take on Nintendo (instead of trying to compete with their holiday game blitz head on). It's like refusing to stop the monster before it becomes a king of demons!

However... I don't like Lik-sang, so oh well to them. ( their customer service is HORRIBLE, I just don't like their practices in general)

 

[Misty]

I'm not exactly sure what Sony is hoping to gain here. After all, the systems that Lik-Sang buys are already money in the hands of Sony - what Lik-sang does with them afterwards isn't really their business.

 

[Kadabra]

Maybe Sony wanted to sell them at a higher price in Europe? Perhaps some kind of a "value" pack? It's obvious that Sony wouldn't be bothering with this if they had nothing to gain.

 

[Misty]

Then perhaps they should sue eBay as well. Because Europeans can just as easily go there to sidestep Sony's price-gouging.

 

[Kadabra]

eBay is a different kind of service; they do not sell products directly. Sure, they could take them to court as well, but legal costs might make the whole endeavour quite unprofitable...

 

[evkl]

Any legal duel means that it'll be unprofitable, because things like this typically take years--and millions upon millions of dollars--to win.

 

[Geodude]

There was no excuse whatsoever to delay the PSP's release in Europe as much as Sony has...I never understood delays between regions anyway, especially if they're not even separated by a language barrier. Sony brought this on themselves. Lik-Sang did no wrong by merely selling what should have been there in the first place. Everyone's aware of imports, and only now Sony decides they don't want it happening? Stupid.

 

[Zeta]

Why does the entertainment industry consistantly try to leave Europe off the map in every possible way shape and form?

 

[Kadabra]

Why does the entertainment industry consistantly try to leave Europe off the map in every possible way shape and form?

From what I know, all electronics are much more expensive in Europe due to taxes and whatnot. Therefore, I'm guessing that the market for such fancy devices there is lower than in North America, for example. Companies will concentrate wherever they can make more money, faster.

 

[Doctor Oak]

Actually, Nintendo are focusing on Europe and actually giving us some sweet attention for a change. Mostly because Europe is the only gaming market that's growing, instead of stagnating like America and Japan.

That is, of course, purely because we've been treated like dirt in the past (2 year delay for Animal Crossing anyone?) and at the first sign of us getting any good attention we snap it up (Another Code, released here 3 months before America).

Nintendo's European status has always been pathetic. Sony did have a pretty decent one, with no real problems before.

Now Nintendo's putting Europe higher in it's books because they can get more money from us. Whilst Sony's taking Nintendo's place as Europe-haters.

The original delay of the PSP was due to a shortage of the systems, caused by that big factory fire at the end of last year that completely screwed up production of the new slimline PS2s and PSPs.

Waiting until September though, was pretty crappy. Sueing everyone selling import systems for some stupid moronic reason is just plain pathetic.

Unless the PSP launches here with GTA, I can't see it being anything huge in September. Most people that really wanted one will probably have one by now from importers before Sony went nuts.

I certainly don't intend to buy mine until GTA's out, 2.0 firmware or not.