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Lik-Sang 'forced to close down' by Sony lawsuits
Retailer alleges Sony execs used it to import PSPs.
Online retailer Lik-Sang has announced that it has gone out of business following a series of lawsuits filed by Sony - and has named a number of SCEE employees who Lik-Sang allege purchased PSP hardware and software from the company.
A statement posted on the retailer's websites and circulated among media organisations alleges: "Sony have failed to disclose to the London High Court that not only the world wide gaming community in more than 100 countries relied on Lik-Sang for their gaming needs, but also Sony Europe's very own top directors repeatedly got their Sony PSP hard or software imports [...] starting just two days after Japan's official release, as early as 14th of December 2004 (more than nine months earlier than the legal action)".
The statement goes on to list the names of senior Sony figures who allegedly bought PSP-related products.
Lik-Sang claims it has been forced to shut down after Sony won a series of legal victories against the company. Sony argued that Lik-Sang had infringed copyright and trademark laws by selling Japanese PSPs to European consumers.
Last week, a Sony spokesperson told our sister-site GamesIndustry.biz that the company was determined "to protect consumers from being sold hardware that does not conform to strict EU or UK consumer safety standards, due to voltage supply differences et cetera".
But Lik-Sang "strongly disagrees with Sony's opinion that their customers need this kind of protection", pointing out that "PSP consoles shipped from Lik-Sang contained genuine Sony 100V-240V AC Adapters that carry CE and other safety marks and are compatible world wide. All PSP consoles were in conformity with all EU and UK consumer safety regulations".
According to the statement, "As of today, Lik-Sang.com will not be in the position to accept any new orders and will cancel and refund all existing orders that have already been placed.
"Furthermore, Lik-Sang is working closely with banks and PayPal to refund any store credits held by the company, and the customer support department is taking care of any open transactions such as pending RMAs or repairs and shipping related matters."
The statement goes on to pledge that, "The staff of Lik-Sang will make sure that nobody will get hurt in the crossfire of this ordeal."
Lik-Sang marketing manager Pascal Clarysse went on to blast Sony's position.
"Today is Sony Europe victory about PSP, tomorrow is Sony Europe's ongoing pressure about PlayStation 3," he railed. "With this precedent set, next week could already be the stage for complaints from Sony America about the same thing, or from other console manufacturers about other consoles to other regions, or even from any publisher about any specific software title to any country they don't see fit.
"Blame it on Sony. That's the latest dark spot in their shameful track record as gaming industry leader," he continued.
"The Empire finally 'won', few dominating retailers from the UK probably will rejoice the news, but everybody else in the gaming world lost something today... It's the beginning of the end of the world as we know it."
Update: Sony has declared that Lik-Sang's accusations are "sour grapes" in a statement released since this story was published. Read more elsewhere on the site.
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Comments (209) Latest comment 5 years ago
Comments threads automatically close after 30 days, but please feel free to continue chatting on the forum!
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Another reason not to like Sony. Fucktards!
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Here's hoping.
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Have I slipped into parrallel universe or something?
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Karma and all that...
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Sony you idiots. If you lauch shit on time then people wouldnt buy imports. People just wont buy your crap anymore anyway, so it doesn't really matter.
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]http://www .vgcats.com/comics/?strip_id=212
[/link]
heh.
Peej
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This will most definitely sting...
It almost seems as though Sony is going out of their way to have bad PR...
And the most infuriating thing is that PS3 will sell out...even here in europe...
(Come september 2007)
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I bought my PSP off Lik Sang. I now fully expect a black helicopter waiting me on my return home from work this evening, piloted by Ken Kutaragi.
Sony seem to remind me of the Empire more every day. Wonder if the Cell processor is really an attempt to build a Death Star?
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Please fucking die.
Love,
Videogamers.
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It makes it sound like there's voltage differnce and a shitload of other things.
Yet if you were to press them on what falls under et cetera, they probably couldn't name anything.
It's a bit like listing features, A, B, C and many more. It usually means there's only A, B and C but it sounds better.
Bit of a poor show from Sony. The voltage isn't an issue, so why hide behind it.
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I don't hate the Playstation, i just hate Sony.
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It'll be tough around the time when MGS4 comes out, but fuck it.
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Sweet lord. What law did they break? Really? I mean come one - explain it to me!
How this relates to piracy I have no idea whatsoever.
I kind of couldn't believe that some Sony fanboy could even try and suggest this wasn't a bad thing. I guess I underestimated how much some people are incapable of ever, ever finding Sony at fault.
BTW since the Sony execs all imported their PSPs (allegedly) they "broke the law" too...
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Fcuk you!
Love,
Me (and hopefully thousands of others).
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So Sony follows the law and now they must die! LOL
Grow up people!!
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Don't be such a cretin.
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The PSP/UMD medium has been a disaster for Sony.
The PS3 is and will be a disaster for Sony.
Their consumer electronics arm is losing market share against the Korean firms who are now producing more desirable products.
Everyone hates Sony.
I hate Sony.
Fuck Sony.
And the bit I have to laugh about is this:
"to protect consumers from being sold hardware that does not conform to strict EU or UK consumer safety standards, due to voltage supply differences et cetera".
You mean, like your exploding fucking batteries?
Sony, go fuck yourself...
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Cannot believe it!!!!!!!!!!!!!!
HIJOS DE PUTA!!!!
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"They don't mind, it's a bargain that they only went out of business."
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Breaking the Law, at the same time I might add!
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I've been using Lik-Sang for as long as they have been around!
Utter,
Utter,
Twats.
Sleep well tonight you heartless Sony bullshitters, may the screams of a thousand third party controllers haunt your £600 bluray videosequel GoneSoul into Lidl for a £10 in 18 months.
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I don't understand why sony care, they'll still get all the sales, Is it just because of the hefty markup on everything they sell in Europe compared to the rest of the world?
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How does this work then?
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Not breaking the law in Hong Kong where they operate. They'll be back anyhoo.
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Lik Sang sold more than just sony stuff. They sell shit loads of good stuff for DS, Gameboy and a whole host of other things.
Breaking the law by exporting consoles that aren't available in any other country? Hardly making a impact on a market that doesn't yet exist. All they did was allow people in Europe to play PSP before it was launched here. There were people who would have bought one over here.
Sure Sony would lose a couple of bucks on each one sold, but why should a whole company be put out of business due to some shitty trade protectionist crap.
At least Microsoft did a simultaneous world-wide release of the 360.
Microsoft is hosing Sony now. Both in terms of product and in PR.
I'm gonna give my soft Bill toy a hug and put my Ken soft toy in the microwave for a bit more.
HE HASN'T SUFFERED ENOUGH!
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Infringed copyright by making PSP manual available online.
Infringed trademark by importation into the EU where mark not exhausted.
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I know of at least 3 shops which sell imported games. Is this illegal then? Its not as if they hide the fact that there doing it. You dont walk up to the counter, wait til everyone else has left, then ask the owner if he has any new imports?!
And what about eBay? Are Sony going after them next...?
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Lik Sang sold more than just sony stuff. They sell shit loads of good stuff for DS, Gameboy and a whole host of other things."
Good then, so why are they using Sony as their scapegoat for their business being put out?
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/* sends back dodgy laptop battery before it explodes.
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If I commented that my machine was unchipped ( which it obviously isn't ) they'd be completely baffled.
When they're own employees actively promote piracy in one couyntry how can they abuse world wide copyright laws in another?
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Once again the little guy gets squashed under the corporate behemoth boot. I can't believe it even registered on Sony's radar.
PSP = Pathetic Sony Pricks.
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Dear Sony, please fuck off and die.
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"Good then, so why are they using Sony as their scapegoat for their business being put out?"
You complete waste of skin. Can you even read? Fuxake, I guess even this wont stop the fanboys from sucking Sony's corporate cock.
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Adds Sony to enemy list along with EA.
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Another company taking advantage of this stupid loophole : HP, they charge us much much more for their PDAs than anywhere else in the world.
Fun fact : restricting exports is illegal under international trade law but Sony are careful to crush all the small companies who would possibly challenge them so they can't afford to bring this to a higher court.
Much like other people in this thread, I have to say : Fcuk you Sony. Why should we have to take you pissing on us? You're making Microsoft look possitively decent. I'm going to do everything I can to avoid a PS3 now. This is just too much
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Because none of those other people hounded them out of business, you retard.
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You can love that company all you want, but this has gone beyond a simple delay...
People will be out of jobs because of their arrogance!
And as pointed out earlier it's not against the law in Hong-Kong...
The reason Lik-Sang are blaming Sony is because its Sony's lawsuits that have shut them down...
A huge mistake by Sony...
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Err...I think the reason they're using them as "scapegoats" as you put it, is because I fail to see any "Lik-Sang 'forced to close down' by Microsoft/Nintendo lawsuits" headlines on EG today...
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[Blade 2]
People, vote with your wallets:
DON'T BUY A PS3.
Simple really.
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it's about the principle of the matter...
They've just done this one in...who's next? Play-asia?
It's about Sony control over the market, which is only there for totalitarian reasons...
As much commented above, where's the harm in allowing a company to export?
You still get the money...
@Herod's link:
That was an illegal device! It's totally different!
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Sometimes in business you need to let a few things go in order to get along with the world. Just wait until someone cracks PS3 and finds a cheap way to stream the games on to it, there will be no shortage of takers.
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I'd like to take this opportunity to say that Sony have disappointed.
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So, stick it to the man and import all your Sony gear. eBay, Play-Asia and the such. Look hard enough on the net and you'll find what you want from another country.
Sony, may all your launch day PS3s be faulty and have horrible customer support.
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http://ww w.ctrlaltdel-online.com/comic.p...
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sturridge
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Anyway, the most shamefull thing about this, is the hypocrite reason Sony gave "to protect European and UK consumers", when we all know it's a matter of money, their money.
This is going to function also as a warning to wanna-be importers of the cheaper japanese PS3. Arrogance will stop someday, when they loose the 70% market share.
I'm not biased, I also find it very annoyng MS postion towards the monopoly they have on home OS, that's why I use but Linux, and game in a 360.
Sturridge: let's make an exercize and replace the word Sony, by the word Microsoft, would you congratulate as well ? Why do you congratulate that a company won a lawsuit to make more money and consumers less ? Are you a Sony shareholder ? or a cunt (I suppose that's a bad word, don't really know) ?
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Eh? You do know the console isn't coming out till March, yeah? I'm pretty sure it was on the news.
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I'm talking about software, Stuart. Blu-ray component shortages have nothing to do with this.
Eh? You're still not making any sense. Whatever the reason, it's not out here 'till March, so you're not getting localised software at Christmas whether you import a PS3 or not.
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If the console's not out by March, what makes you think the shops will be full of localised games by Christmas? Or are you referring to Christmas in 2007?
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jesus christ, can't wait to see this guy camping out to get a PS3 on launch day.
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Remember Nintendo asked CEX to stop selling import Cube games and they 'agreed'.
It seems Sony are only experiencing a shortage of Blu-Ray lasers and not lawyers so it wouldn't be surprising if they started terrorising the independents however small they might be,
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By destroying small companies localisation will improve over here!
"Not sure about you guys"
This thread is almost 100 comments long...This in less then an hour...
Somewhere, somebody cares...
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Sony are not the only company to sue Lik-Sang and win. Link.
If Lik-Sang hadn't broken the law, they wouldn't have lost the court case.
Bad day for Lik-Sang, bad day for Sony PR, terrible day for context.
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stupid Sony, i still love you. where's my PS3!!!!!
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Just boycot them bitches
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Sony only made 550,000 euros this year!!! Are you sure about that? They didn't even break a million euros!
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i used to get ALL my ds games from the sang!!(wicked setup)
SONY'S gonna perish, and they deserve everything they get with the recalling of ALL their shitty batteries, i hope MS wipes the out!!!!!
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So Sony follows the law and now they must die! LOL
Grow up people!!
A friendly company that many people liked has been put to the wall by a Corporation that doesn't give a toss about this region of Europe that they're supposedly trying to "protect". Lik-Sang allowed us, in a fucking free market economy, to import Sony's wares, because the cynical dickheads couldn't be bothered to pull their heads out of their arses long enough to give two short shits about us.
Foxclose, you're a cretin.
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Maybe thats a question for Harrison next time he grants you an audience Eurogamer?
Surely someone somewhere in the company must be cringing at all this bad press unless they truly believe any publicity is good.
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The fuss is because it's an unjust law.
What harm does it do to anyone if a European buys a console from Japan? No harm at all, none. So why is Sony bringing prosecutions against the exporters?
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Well, the first thing I notice from this article is that the Lik-Sang guy is milking this incident for all it's worth, indulging in doom-mongering of all varieties - conspiracy nut-style ("It goes all the way to the Sony president, man!!"
What is perhaps even more flabbergasting is the fact that there are people here actually trying to defend this? I've heard of fanboyism, but for God's sake.
- "But it's against the law! Lik-Sang are EEEVIL!!!!" Well, leaving aside the debate as to whether what they were doing WAS even illegal, in any way other than the cited "We-must-protect-our-valuable-European-clientele-from-t he-potentially-lethal-threat-of-a-foreign-plug" thing, if there is a law against importing games consoles, it's a rubbish law, designed to protect the interest of multinational corporations, so I don't take much pleasure in them flexing that particular legal right. I'm pretty sure it's technically illegal to tape off the TV too, but I'm still going to be aggrieved if I get locked up because I taped EastEnders for my mum.
- "Lik-Sang was a rubbish importer anyway!!!" Yeah, that's really relevant to what this debate is about, isn't it.
- "Sony Europe are trying to protect their revenue stream." More reasonable, but it comes back from to the obvious point that they wouldn't have to if their service was better in the first place.This goes for everyone, not just Sony - if we got the same games and the same services at the same price and at the same time as the rest of the world, like we should, do you really think anyone would still import?
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UTTER FUCKING ASSHOLES AND RETARDS. I HOPE WHOEVER DECIDED TOTAKE THIS ACTION IS SEVERLY FUCKED OVER.
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The thing is - Sony and the devs still make money because they have still sold their product. It doesnt matter where it goes once it has been sold. The only reason they dont like imports is because they cant rip us off with over inflated pricing. Wankers.
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They even gave loyalty points to customers you could save up and get decent items with. You didn't even need to spend 1000's to get something good.
This is very - very bad news.
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Fortunately, such news doesn't affect me enough to say harsh words about Sony, there's more important stuff in life than letting this type of shite get to you. Unless you're a fecktard.
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Let me just say that the little credit they won with me with the finally acceptable showing at TGS is dead and burried. I'll be investing what would eventually be a PS3 on a 360 and Wii quite soon.
Thanks for being the biggest bunch of pricks i can think of right now. I hope the PS3 becomes the new Gizmondo and that Dietrich will come to fuck every last one of you corporate bastards in the ass very soon.
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Even so, I don't see WHY they're so worried. Nintendo and Microsoft aren't collapsing because of imports, so why should Sony?
This sounds like the work of some paranoid executives more than anything else.
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Oh and another thing, surely the Wii and 360 can potentally damage Sony's economic interests too, should we make the sale of those illegal as well. Heaven forfend people are smart enough to weigh up the pros and cons of importing and allow us to think for ourselves.
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If you want to stop Sony taking away there pets, buuy a 360 or Wii.
If you want to stop the satanic run Sony corp from owning your soul with the cell, buy the Christian Wii or Xbox 360.
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All they have succeeded in is alienating game-savvy consumers. I'll agree completely that it will have little to no effect on the average high street game shopper, but more negative publicty is exactly what Sony doesn't really need right now.
While the FIFA's and Need For Speeds of this world move consoles, it'll be the type of people who import from Lik-Sang who will be crucial in spreading word of mouth and internet 'buzz', to use a cringeworthy marketing term, and Sony just don't really have them on their side at the moment.
I will be waiting with bated breath for Sony's take on this debacle....
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If that was the case it wouldn't be illegal, and I doubt Sony would have put the effort into a prosecution even if it was. Doesn't harm the public though, if that was your point.
Muddtallica, think I agree with everything you've said. Think it's unfair to judge Sony fanboys so harshly though, it's not like the majority of comments on here aren't from 360 owners milking it dry, and pretending to boycott the PS3 as of now (notice how that happens in EVERY comments thread?). Though as usual both camps are looking stupid again.
I'll still get whichever console has games that interest me (looking like Wii primarily), as this article is far from the life-changing news people are claiming it to be.
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-------------------
"Furthermore, Sony have failed to disclose to the London High Court that not only the world wide gaming community in more than 100 countries relied on Lik-Sang for their gaming needs, but also Sony Europe's very own top directors repeatedly got their Sony PSP hard or software imports in nicely packed Lik-Sang parcels with free Lik-Sang Mugs or Lik-Sang Badge Holders, starting just two days after Japan's official release, as early as 14th of December 2004 (more than nine months earlier than the legal action). The list of PSP related Sony Europe orders reads like the who's who of the videogames industry, and includes Ray Maguire (Managing Director, Sony Computer Entertainment Europe Ltd), Alan Duncan (UK Marketing Director, Sony Computer Entertainment Europe Ltd), Chris Sorrell (Creative Director, Sony Computer Entertainment Europe Ltd), Rob Parkin (Development Director, Sony Computer Entertainment Europe Limited), just to name a few."
--------------
Another words, Sony staff themselves bought imports from lik-sang.com so they can get their own companies stuff faster. Sony PR + lawyers, fuck you. You have no idea how much shit you've done to yourselves, and the good creative and techie staff who work for you. Hell, they even gave them nice free mugs.
For the record, I was looking forward to the PS3, especially the influx of new info recently that had me growing quietly in anticipation. But nope, you've done a good ol' Kamikaze to yourselves. Sony will not be getting any revenue from me ever again.
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Probably, but I don't think they care if they get sued again....
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so if i went to japan and bought a PS3 before it was out here and brought it back here to england id be breaking the law??
wasnt lik sang just the middle man...infringin copyright my ass
you all know why they did it,to slap an extra high price on consoles and blame it on "taxes" even though there is no import tax on consoles
even the price of the PS3 is verymuch in the air we all speculate £425 but it may well be £500
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You will be missed
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Regardless, localisation should be included in the developing time-frame and not after the game goes gold (I am looking at you Square-Enix). Capcom does that with the DS remakes of Gyakuten Saiban.
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I have previously been dismayed by their idiocy, and wryly amused at their unbridled self-defeating arrogance.
But I'm totally FUCKED OFF with them now.
What tosspissing scumbags of the lowest fucking idiot kind. Cunts.
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in 23 years of gaming i've never seen something like this. man, was the world dark, grim and cold back in the days of Spectrum 48k without any imports. i mean, we had to wait for the games to be released here to buy them at normal prices, without importers saving us and asking almost double the price tag for games that, quite honestly, end up getting released it here anyways.
long gone are the days when importers were used to get what you couldn't get, instead of just getting it first.
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It doesn't seem like it was the desist order that folded them but the fact they contested it for 9 months.
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Phil Harrison are Glorious leader....
Ken Kutaragi the eternal leader........
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I've never "owned" a pirated game in my 34 years of life.
But I suddenly see a future where a hacked PS3 sits in the living room, surrounded by pirated games, the owner being only too aware that this hurts Sony even more than simply boycotting their products.
What an incredible turn of events, and what an incredible day for news.
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I'm not going to say I'll never buy a PS3, because I don't think it would be the truth, but I'm pretty certain it'll be a pre-owned effort. And it won't be for many many years yet. I'll forego my ritual of the smell of new hardware in fresh plastic.
I'm not angry, exactly, just disappointed. Corporations exist to make money, for sure, but customer satisfaction, brand loyalty, and reputation are all hugely important as well. The people who import, such as I did with the DS (I was the trailblazer in my immediate local area - it was my ownership of the console that promted otherwise unconvinced people to buy it when the UK launch came around 14 weeks later), are those who set the tone of the console's immediate reputation. Now these things only start to matter: these huge slag-fest marathons on forums up and down the interweb, when they filter through to the mainstream. And the word that will seep through, to go with the very public delay of the European launch, is "Sony don't want people in Europe to get a PS3 yet".
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I own a Sony Plasma and Digital Camera, a PSP and, oh, a 360. So where does that place me on your scale of credibility when I say I think Sony deserve a boycott?
I agree, it won't work as we don't represent the masses, but don't insult the depth of feeling being expressed here.
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After all, both of the corporations only want to follow the rules of capitalism and gain as much money off the customer as possible. It's not like Lik-Sang was some kind of a saint. Or was it?
And anyway, you can order stuff DIRECTLY from USA and Japan if you want to.
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Many people value software pirates over the developers and distributers because they offer their services free of charge. Doesn't make it right though.
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At least do your resarch my love and realise that most companies like Amazon will not export games (unlike DVDs) because.......hmm - guess what? Companies like Sony and Nintendo will refuse to stock them with merchandise.
Hence the need for your smaller, independent retailers like Play Asia, Like Sang et al.
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Microsoft had NO experience of worldwide release, but THEY had plans in place and took a careful, structured approach to the task, and were REALISTIC about what they were trying to do. If you (Sony) could meet demand, the money would be in your pockets with all good will, you shit-for-brains!
If Sony actually:
a) Promised what it could actually, sensibly deliver
b) Didn't always go looking for headline inches
c) Gave a damn about gaming, today, and not its own POS proprietary formats - MP3/Atrac (how'd you spell that second one again?)
d) Realised that a market leader is as much a position of responsibility as it is something to be, rightly, proud of
e) Gave a straight answer to a straight question...Do play with the media, btw, then wonder why they're eager to "play" later, when typically the cat's got your tongue, Sony.
f) Had managed to keep its divisions on a tight enough leash to prevent damaging mixing of ideologies.
g) Had elected a single, clear spokesperson to address the media
We might have a healthier gaming industry, that actually embraces availability and choice. Then makes the product available to those that want to buy it.
(AND..The reason they won't do those things, as I'm not blind to, is the good 'ol bottom line, along with a need for a phoney wow factor. The heavens must ring any time they speak!)
But all that's little to the extent that choice has probably been affected, today. I hope that local players will leave Sony's finances in a chain vice grip; in reflection of the artificial one it's tying round European players' necks, by these self-serving efforts. My own common sense and ability to read, protects me just fine, Sony. It's not as if I'm spending your money on these things, should I choose to import... I also believe that other countries and cultures have great knowledge, different perspectives, beneficial insight and so on, that can provide things to enhance our lives/leisure time.
I'm not afraid of change either, unlike Sony obviously is.
Grrrrr....*is struck by lack of smileys*
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twat
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Don't patronise me. I've spent thousands of pounds filling up the coffers of Sony, MS and Nintendo and never owned a pirated game in 34 years. As a consumer one of the only choices we have is who to give money too. And take a good read of the comments on this thread, cos as hard as it is for you to accept, the readers of the website are not happy with Sony, their business practices, their behaviour.
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I agree that Sony fanboys should indeed have a right to defend their God, but I am constantly baffled in recent months at the length these fanboys will go to in order to find positives. Heads in sand arses in the air, life is great PS3 ftw....
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Id like to punch Phil Harrison's snooty, arrogant, pasty white face up in the fucking air on PS3 launch day in Europe.
If that ever fucking happens.
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I tried to import from Amazon USA and they would not allow it. So what is your point?
@Spongebob
Where is the link to the 'pirated games' that you alleged Lik-Sang sells?
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Good questions, but you might have to wait an age for a response. Those boys seem to have fled to the thread on Sony's response. You can find them there, pitching in with a similar POV.
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I'm guessing Play-Asia etc will be next then?
What pisses me off most about this is that the uninformed, PS3-anticipating, FIFA/Need for Speed & similar shit-buying masses will plough their money into Sony whatever.
I have a good mind to take my PSP and games into Game tomorrow and trade them in towards my Wii.
Cunts.
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seriously guys, grow up. Sony are within their rights, Lik-Sang broke the law and got punished.
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oh and @Derblington: can you please explain me, how it is illegal to sell ORIGINAL Sony products from Asia to Europe?
and btw: can you explain me what "free world trade" means?
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Not nice but very true. Now how about Sony cough up and pay Immersion what they owe them.
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Also it's interesting to note how righteous some people come over once it suits their agenda to do so. Not something we'll see with the next small business Microsoft runs out of business I'll wager.
Big business sucks, simple as that.
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From some peeps on the forum:
"Because technically it doesn't just count as a sale for Sony. It's really a sale for Sony Japan, Sony America, Sony Europe, etc. The more consoles you import, the less sales Sony Europe get, the less money they get to secure and promote titles across Europe, the more we get screwed over compared to the other regions.
Also, it's possible that they might change the hardware when releasing it in different regions, that the devs can cater for when bringing out their games. This might mean, for example, that an official European title crashes badly on a Japanese PS3 because we got a more reliable graphics chip than the Japanese and the code was optimised for our revision hardware. This would have the knock-on effect that Sony / Publisher's reputation suffers because the first thing the uber-leet importers will do when they can't get their game to work is moan on the net and cause bad publicity about a perfectly good game.
I'm not saying these are good reasons for Sony's behaviour, but they're still valid reasons."
...and...
"...products which are distributed in a market outside of the EU may not be brought into the EU without the permission of the manufacturer. The "gateway" for this is European tradmark law.
Article 7 (1) of the First Directive 89/104/EEC reads as follows:
Article 7 - Exhaustion of the rights conferred by a trade mark
The trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the Community under that trade mark by the proprietor or with his consent.
In other words: if it hasn't been put on to the market with the trademark holder's consent, he can prohibit it.
Reason is simple: protection of European markets. Which sometimes makes sense. Simplified example: Some companies produce the same goods in, say, the EU for the European markets, and in Asia for Asian markets. As work is cheaper in many countries in Asia than here and people have less income, products are produced and sold cheaper there. If these products would be allowed on the EU-market, the companies would be screwed, or, rather, producing in the EU wouldn't really be an option anymore, as the goods produced here would simply be too expensive compared to the cheaper imports."
So now you know
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It's not about "big bad Sony versus good small Lik-Sang", it's about the fact that the lot of you can't get the games and stuff cheaper and faster. It doesn't matter where or how, it matters that YOU get it and NOW, or better yet, YESTERDAY.
But hey who cares, that's how the world turns and that's the spirit of people anyway nowadays.
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Sony can use the word of the law to claim they're protecting the consumer. They aren't. We know it. They know it. And it makes a mockery of what the law is there to actually do.
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And in your perfect world companies would never react to grey importing of their goods? You do realise that would never happen, right, and for the obvious reasons, too?
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All the more reason for UK retailers to be pressing Sony to get the stuff available here in a relatively short space of time at a similar price, if indeed they're that worried. Most would view that as positive progress for the consumer. But I really don't see the likes of Virgin, GAME and HMV losing too much sleep over lost sales to grey importers.
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The only thing that would swing more people towards importing is if they feel unfairly treated. If that's the case it's up to the manufacturers and the retailers to address the balance so people don't want to import.
It's a dog eat dog world don't you think?
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You really think so? What about the smaller shops? If all of the gamers in UK would have ordered their stuff from Lik-Sang before it hits the domestic market it would've made a serious impact.
Not that it would make a difference, right? At least it would show them SONY BASTARDS although it would be the small companies, chains and shops that would die away first.
The only thing that would swing more people towards importing is if they feel unfairly treated. If that's the case it's up to the manufacturers and the retailers to address the balance so people don't want to import.
You're right. And it's true that European gamers get shafted left and right from Sony and Nintendo as well with all the postponed releases. Doesn't mean that running a grey import company is lawful, though.
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When I spend £30 localised or £20 import I am sure the developers (the people who matters most in gaming) would be getting the least of the cut. The idea is Lik-Sang and other exporters allows me to spend on 'will never ever be released in the UK games' (like Ouendan, and to a certain extent WarioWare Touched!) and that is better at supporting the developers than pirating such games.
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No. A successful business was providing a service that Sony itself was unable to. For that it was forced to close. Sony are at the root of this, because as I've already said, if they had proved competent and were able to offer the service to their audience, on the date that they very publically announced, Lik-Sang would have no avenue to.
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Well, maybe Lik-Sang got too big and greedy. I don't think Sony would've had a problem with exporting games to UK that are going to be released in Japan only. It's when you start selling the consoles itself. Who knows. I think it's illegal anyways, so...
No. A successful business was providing a service that Sony itself was unable to. For that it was forced to close. Sony are at the root of this, because as I've already said, if they had proved competent and were able to offer the service to their audience, on the date that they very publically announced, Lik-Sang would have no avenue to.
Basically you're saying that customer is never supposed to wait? And that if he/she is made to wait there should be an alternative no matter how it's pulled off? On a same principle I guess I could say that I am not going to pay the price Sony is asking for PS3 and I'll just plain steal it when it arrives. Not my fault sir, blame Sony, because they made it so expensive that I couldn't afford it. And I REALLY REALLY NEEDED IT RIGHT THEN BECAUSE IT'S ABOUT ME ME MEM MEMEMEME.
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True, but the fact remains that Lik-Sang weren't allowed to do it, by law. So is it really Sony's fault they closed down or is it Lik-Sangs for breaking the law and getting caught?
It sucks they've had to close down but they could've stopped selling the machines and stayed open.
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Sony you fucking motherfucking twats. You total fucking wankers. No WAY am I EVER going to buy another one of you products again you fucking pricks. Way to totally go against your now hypocritical 'region-free' PS3/PSP selling points. What is the fucking point when you are closing down stores that export these 'region-free' games. Twats.
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No, you're right, grey importing affects small shops as much as big, although we could debate still how much damage grey importing overall costs retailers in the UK.
I don't think the service that Lik Sang (and other importers) provide is morally wrong though. Is it against the law? Perhaps, but in that case I think the law is wrong.
Did you see the other points being raised about lending games? Or selling them second hand? Because technically that's iilegal too. And where do you stop - ban that too? If I take my PSP to my sisters and let my nephew play Locoroco am I breaking the law by lending him something only I - technically - have purchased a license to use?
And all of this is still a world apart from piracy. Which is very wrong (and can proudly say I've never done).
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No - really!
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It is indeed sad that the laws oftentimes don't match the ideals we have. But then there's often reasons to this, like the fact that for every people who would obey the lax law, there'd be 10 who'd exploit it.
I'm not saying that it's a good thing for the gamers that Lik-Sang shut it's operation. I just think it's a bit rash to blame Sony for guarding their own interest. Also, Lik-Sang was hardly a small company running from a corner somewhere in Glasgow.
When it comes to second hand game exchange and the likes. Well, we all know that the law is flexible in some ways. Just like you're not going to see small local importers being stopped importing games or consoles, you're not going to see Sony or anyone else busting someone's little sister for selling a 2nd hand Pokemon cartridge.
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You REALLY think Nintendo doesn't care? I wonder why they have so many region locks then?
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Well well done. Of course the savvy people out there on the internet might just decide to pirate any game distributed or made by SONY from now on and play it from their memory stick in an act of retaliation. Of course I wouldn't recommend this at all as it is illegal and obviously the wrong thing to do but it could cost you a lot of money if people did copy your games instead of importing them now wouldn't it! But don't people as it's wrong.....mmmkay?
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By law it might be "sound", but then by law there are plenty of fuckers out there who murder and get their jail sentences cut by half for "good behaviour". Extreme case, sure, but it makes my point.
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In that case, Tesco were importing the jeans themselves from the continent and selling them in their UK stores.
Lik-Sang are based in Hong Kong and so are their servers - if you buy from them, you're technically buying it in HK and importing it yourself. Lik-Sang aren't actually making a sale in Europe.
Or have I completely misinterpreted it?
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I think this whole issue here is the fact that we like to have a free market. We all have access to the Internet, we have the chance to buy from anywhere in the world, why should someone stop buying from a retailer in Hong Kong, Tokoyo or Timbuktu?
Whether the law says it is a 'crime' or not, we should be supporting a global market. Some laws are wrong, we all know this.
Also saying that 'it is just one company closed down, stop complaining, use play-asia', can you not see that this is just the tip of the iceburg, in theory every importer/exporter is in the hit list.
If some of you Sony fanboys want to wait for Xmas 2007 for your PS3, then great. If you want to have all the latest releases 6 months after the rest of the world, then great again. If you are willing to wait that long then maybe the console is not as good as you want it to be.
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Please preorder and import all PS3's on launch day and refuse to ever buy a game.
Thanks
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In the case of PS3 imports in the future, surely the continued unavailablity of PS3 will only push more consumers towards rival consoles?
Doubtless, from the angry comments posted here that the closure of Lik-Sang will hurt Sony to some extent. Sure, the gaming masses don't frequent these types of forums but they do rely on their more knowledgable friends when it comes to what purchases to make. It is clear that Sony have angered a lot of people and not just with this news today but with the shabby way that they have treated their European customers over the course of the last few years.
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Never used Lik-Sang before, so it doesn't affect me at all. Still an exceptionally shitty thing to do of course.
Also it's interesting to note how righteous some people come over once it suits their agenda to do so. Not something we'll see with the next small business Microsoft runs out of business I'll wager.
Big business sucks, simple as that.
+2 great post
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@Spongebob:
That's a fair distance from what I was suggesting. Your account forgets that the product has already, perfectly acceptably been released by Sony; only in a different part of the world. Sony's past argument has been that importers end up costing them money through using resources intended for help regarding product sold in the UK, for assistance with their imported purchases.
Sony are just like baby throwing its rattle. They don't like importing, because it doesn't make them money. They'll use every angle they can get. If Sony were there today, saying: Sure, European fans, why aren't you buying from us; and they had something to offer, that'd be a different thing. But they don't.
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EXCLUSIVE: SONY PISSES SOMEONE ELSE OFF!
Read the "not really very surprised at all" reactions on p.2
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/wipes mouth, pats stomach
My last points on this for tonight:
I am not accusing Sony of being the only company (indeed, video game company) in the world of bad practice and pissing off gamers.
* inferior PAL hardware \ software? Delayed software releases? Nintendo? Check.
* Sega, oops, don't go there *pushes Dreamcast under the desk monitor is spare room.
* Microsoft? Probably guilty of every crime in the book, but for now will point to the recent debates over the Lumines Live Arcade release and how MS think it's OK to release part of a game without A) making it clear and B) expecting you still to pay more to get the rest and wouldn't it be piss-poor if they start using this model for other games.
*sigh*
Yes, Nintendo have sued Lik Sang. Yes, so have MS. Did either of them end in Lik Sang shutting up shop? No. Have Lik Sang done this of their own accord? Possibly. But why? To give Sony bad PR? Again, perhaps. It's a bit cutting your nose off to spite your face, ruining your brand etc but it's possible. But why?
Why do they feel aggrieved with Sony? Why do I? Why do many others?
Because of the delays. With PSP. With software. With the PS3. With the prices of their hardware. With their curious regard of the consumer and their relations with them. Their statements over the past few months are becoming more and more secular and arrogant. Europe last? Oh they don't mind, they're used to it. Importing? Don't worry, we'll stop it because we don't want you falling foul of the very regional coding WE propagate and create. Oh, and for safety reasons - your plug might melt. We don't want that happening either.
I don't buy it. So I'll logon to this forum and I'll vent my frustration. Cos that's what it's here for. I guess nothing more, nothing less.
It's shit because I still want a PS3 and many of the fantastic games that will go with it, but it grates me so to feel I'm being treated with contempt by the people selling me the damn thing.
\waves the flag!
\starts singing "WE WILL OVERCOME"
I think it's time to call it a night kids cos I'm starting to annoy myself. Night!
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Never had a problem with them, a great importer.
Nowadays, it's just too easy to hate $ony.
They seem to get it wrong, and worse every time...
And now, I just wish them to go down real fast and real hard, so they can be an example to other arrogant companies.
I want $ony to drown in its own shit.
Fuck $ony and fuck P$3.
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just plain bizarro ANTI-PR campaign.
Both barrels of the gun up their arses, every few weeks it seems!
oh well, there's more important things in life I guess.
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How can sony say that they care for the gaming community when their own top bods have ordered psp's? The list of PSP related Sony Europe orders reads like the who's who of the videogames industry, and includes Ray Maguire (Managing Director, Sony Computer Entertainment Europe Ltd), Alan Duncan (UK Marketing Director, Sony Computer Entertainment Europe Ltd), Chris Sorrell (Creative Director, Sony Computer Entertainment Europe Ltd), Rob Parkin (Development Director, Sony Computer Entertainment Europe Limited), just to name a few." now that really, really pissed me off. i do remember how it was mentioned around the time of psp launch that to get one of the consoles lik-sang was used and not just by gamers but by execs. "its like a friend of yours who is loyal to you and eats and drinks down your house and then comes back and burns your house down. sony are downright dispicable. maybe there was a reason why sony rhymes with phoney. it seems that really they have been that way already. just phoney.
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lik sang wanna start up again selling everything but sony.
my ipod is better than an mp3 walkman
my samsung lcd tv is better than a bravio
my own built pc pwns a crappy vaio
my xbox 360 is way better than a cruddy ps3 and is now
my nintendo ds pisses all over a psp
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I had a Sony LCD tv ordered, that's cancelled. I'll get a Philips.
I was gonna get a PSP before xmas, fuck that. I'll get a DS lite instead
My car stereo will be a Blaupunkt
And i will replace my Sony Ericsson work phone asap
One of my favorite online shops are gone, so will Sony be from my house
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I hope there is a backlash and sony regrets there actions . while i can understand sonys stance on mod chips etc why stop people buying products which arent available in that region. we accept the consequences or should do.
its just another nail in sonys coffin in my opinion
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I have used Lik-Sang for a number of years (NOT for Sony gear) and i will miss them a huge amount.
I cant get over the fact Sony has pulled so many punches against a harmless retailer in order to make an example of them.
I didnt plan on getting a PS3 next year, but now i'm certain i wont be buying one in 2008, 09, 10 etc...
Oh, and stick your PSP up your fat sweaty spotty ass Mr Harrison.
(sorry !)
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oh and i know 2 wrongs don't make a right, but i want to play them 6 months early and piracy seems like becoming the only way.
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Oh well: welcome to the club guys
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Ray Maguire (Managing Director, Sony Computer Entertainment Europe Ltd), Alan Duncan (UK Marketing Director, Sony Computer Entertainment Europe Ltd), Chris Sorrell (Creative Director, Sony Computer Entertainment Europe Ltd), Rob Parkin (Development Director, Sony Computer Entertainment Europe Limited)
If Sony as so fucking correct and righteous how come al these senior member ordered their PSPs from Lik-Sang? Surely, if it was for investigative purposes, they wouldn't all need to do it. If your logic is to be applied: the leaders of Sony are all MEMEMEMEMEME (as if we didn't know already).
Face it: they're a bunch of c**ts and you'd still be smiling if Phil Harrison bent you over and gave you one himself whilst stealing your wallet.
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The real fucker is the judge and his strange interpretation of a (less than perfect) law.
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Face it: they're a bunch of c**ts and you'd still be smiling if Phil Harrison bent you over and gave you one himself whilst stealing your wallet.
And your point was? Even if some Sony hotshots support grey importing it doesn't mean it's legal or ok. I don't understand your reasoning at all.
Don't you people get it that it is as much Lik-Sang's fault that they had to close down that it is Sony's fault. They broke the law and eventually they had to pay the price for it.
Also, they got too greedy and exported consoles, not just peripherals and games. It's a whole lot different ball game to sell gamers the games they can't buy EVER than it is to cut the domestic retailers by selling a product that's not available in the country at that moment, but which will be available later on.
You're not getting the big picture here at all because grey importing is hurting not only the big bad corporation that is Sony but many smaller businesses who are playing by the rules.
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Yeah, because the big companies didn't hurt the smaller businesses with their lawsuits against european importers of videogames or DVDs, did they?
The rules are wrong, that's the problem.
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Yes, but how much later?...
Officially 4 months...
But after they've admitted to their figures being just 'targets' I wouldn't be at all surprised to see that september 2007 release...
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The rules are wrong, that's the problem.
The rules might be wrong, but does that mean Sony is to blame for this? You either play by the rules or you don't play by the rules. Usually doing the latter gets you in trouble.
I understand that Lik-Sang and any other grey importing company is a beloved retailer to many but that really doesn't mean these companies are playing by the rules. They're taking the risk by breaking the law and can be sued for that reason.
You can buy stolen goods too and they are cheaper than the ones sold legally at a store. You might enjoy the service you are getting and you probably like the fact that it's so inexpensive. You do need to understand the fact that it's still illegal and the seller can get busted and sued. Sure, you can cry all you want for legal system being unfair and unjust and how you lost your number source for inexpensive quality merchandise.
In the end I guess it's about how you perceive things. Some people obey the laws and think they're mostly there for good purposes (even though bending them for your own good might be wise to do when possible - within reason of course) and understand that breaking them is illegal. Then there are people who think that doing anything that makes living for them easier should be legal no matter what the consequences to others, and who think that legal systems and society in general suck ass because they don't cater to all of their needs everytime all the time.
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Then make them change. We're living in a democracy you know. But nice to see so many lawyers on this site...
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i just finally feel that with all the ' i know what is best' attitude towards us europeans that this is one of many nail in the coffin for sony. ultimately it coes down to the knowledge that lik-sang knew that they were playing with fire and it was inevitable that this was going to happen to them.
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Regarding greed. This is a capitalist society after all. I may not be a fan of capitalism but since the UK is subscribe to its free market economy system I can't see why we have to exclude other 'greedy' retailers. It isn't as if greed is illegal in the UK is it now? I am sure in many people's eyes, even fanboys, the three: Sony, Nintendo and Microsoft can be considered greedy companies.
Whatever we argue we would never know how it would turn out if Lik-Sang fought in the courts. Note that the judgement passed down by the court does not imply that they were guilty. They were found guilty out of a technicality (because they couldn't afford to fight 15 separate lawsuits). We won't ever know, as by filing 15 lawsuits, Sony has given them no chance to put in a legal response.
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Some potential buyers may be put off buying Sony kit, e.g. PS3, if they really feel strongly enough about this.
But most average consumers (read mums and dads, FIFA and NFS buyers) will have no idea about this news story, will have never heard of Lik-Sang, and will care even less. They will also very likely have no idea how arrogantly Sony has generally behaved lately, and will care even less about that also.
So. Nothings changed. Sony are still onto a winner with the PS3. As long as the average consumer doesn't mind about the price.
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To be fair, I get a bee in my bonnet over people copying games, music or films: things that many individuals spend hundreds and thousands of man-hours creating. I feel the least we can do is invest in their creations and not steal their work. Sony do, however, make money out of grey imports and if the old argument of 'tax and import duties' is true re: Europe's high prices, then surely they're not loosing anything.
Heck, you could even argue that grey-importing helps to promote a product and create even more of an atmosphere about it. I'm guessing that concept's a little too grounded for Sony to get their heads round.
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Err... This has nothing to do with selling imported consoles. Or selling grey imported games for living.
And guess what, it's still a great thing if PS3s games are region free even if one shop went down. The thing that Sony disagreed most was selling the consoles anyway so I am sure there will be retailers importing just games.
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But listen to this:
Even though Sony was WELL AWARE of the FACT that those laptop batteries had defects, Sony STILL chose not to recall any of their own Vaio laptops!
Now, Sony has been forced to recall 12 models of their Vaio laptop computers. The really terrible thing is that Sony allowed people to be at risk, while all of the employees at Sony waited until the very last minute to recall all of the Sony laptop computers that used those Sony batteries!
I don't really care what Sony "publicly announces," because they are selfish and they should NOT be trusted!!!
Want more proof as to how it relates to videogames...okay, here is some:
Sony said that the Playstation 2 would be able to use its "Emotion Engine" CPU processor with super computer speed to display in-game graphics similar to the Computer-Graphic movie called Toy Story!!!!!!! OBVIOUSLY, that NEVER happened, and it NEVER came close to happening!!! It was a BIG LIE!!!
Sony did the same thing with the Playstation 3, and they keep telling all sorts of lies. I believe the Internet websites that say the Playstation 3 will NOT be released in March of 2007 in Europe...I believe the websites and magazines that say it will not be released until the summer of 2007 or perhaps the fall of 2007 in Europe.
One thing is clear, though. Sony lied about all of the specifications of the Playstation 3 at the 2005 Electronic Entertainment Expo, just to try and take hype away from the Xbox 360. Thankfully, at the 2006 Electronic Entertainment Expo, all of Sony's lies were exposed this time, because Sony had built up the reputation as being a company that "over-promises and under-delivers." In other words, Sony built up a reputation as a liar.
The fact that USA Today called the Playstation 3 the Biggest Disappointment of 2006 because of all the disappointing games is reason enough to stay FAR away from Sony and their disappointing Playstation 3 videogames and embarrasing laptop computers, which now have reached the point of 10 million laptops recalled.
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