Mod Chips Found Legal In The UK
from the mod-away dept
For many years, we've wondered why some folks considered the process of mod chipping to be illegal. After all, if you own a device, why shouldn't you be able to modify it? It's not illegal to modify your computer, so why would it be illegal to modify a game console? Well, thanks to the DMCA in the US, the question wasn't entirely clear -- because console makers use encryption, they consider any modification to be a circumvention of that encryption, and the DMCA has that pesky anti-circumvention clause. In the US, it's become even more bizarre, with federal officials taking up the cause and fining mod chippers while claiming (seriously) that mod chipping was a national security issue.Luckily, it looks like the courts in Europe are a lot more reasonable about all of this. A few years back, we noted that an Italian court ruled that mod chips were perfectly legal (Update: Well, darn. As a commenter notes, the Italian decision was later overturned). And, now, a tipster alerts us to the news that a UK appeals court has found the same thing, tossing out all of the charges against a mod chip seller, noting that mod chips do not circumvent copy protection systems. Not only that, but the defendant was awarded legal fees. This is a big deal, as the lower court had found the guy, Neil Higgs, guilty for selling mod chips he had imported from Hong Kong. So, now that's Italy and the UK that recognizes modifying your gaming consoles shouldn't be illegal. Anyone else?
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Filed Under: circumvention, copyright, dmca, mod chips, uk
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Italy...
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as for modding, and the whole gaming industry in general, i see no reason why their products should be "illegal" to reverse engineer, take apart, or modify.
is someone going to sue me if i take apart a tennis racket to figure out how they made it, and then make it better?
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Remove the ridiculous, unnecessary region coding from consoles and demand for the chips will drop.
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the national security issue
http://craphound.com/littlebrother
it's changed the way i look at homebrew software forever.
also, the problem with modchips isn't piracy or even technical restrictions, after all you can play pretty much any conslole game ever invented in an emulator on a PC and not bother with modchips at all.
the issue is loss leadership. if you sell a console at a loss, then if someone buys your consoles strictly for homebrew purposes, without buying any of your high profit margin games, then you have lost money. it's better to sell your console at cost or at a small profit and fully embrace the homebrew community since they create incentive to buy your consoles. everyone will be better off.
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Re: the national security issue
A few years ago my dad got his choice of a free Xbox or Gamecube. He doesn't care about console games so he asked me which one I wanted. I said initially the Gamecube because it had more games that I wanted to play at the time. He said that he heard that one could mod an Xbox and put Linux on it. I'm not a fan of Linux but I'm a huge fan of making something do something it's not supposed to do, I got the Xbox. I now have an Xbox360, 3 controllers for both boxes, remotes for both, the 360 camera, had XBLG, and I have over 60 games. All because I could mod an Xbox.
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Re: Re: the national security issue
As far as the story goes, an intern at Microsoft brought in his modded Xbox, which could do FTP, different codec playback and all sorts of other goodies - of course there was the piracy-circumvention thing in there too. Anyway, what is "supposedly" what happened was that Mr Gates became aware of this modded box and rather than flipping out said "How can we attract this market?". How indeed, but then I suppose we wouldn't have XNA for PC or 360, probably wouldn't have WiiWare... or any other of the "official-homebrew" SDK's.
As for the ruling - hoo-f'in-ray! I completely agree that the chips and modding should be legal, it's whether the user then furthers the action by downloading/burning/purchasing/selling pirated material. If that's the case, then get the user NOT the tool!
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Modding is not legal in Italy
On the third level (the final one) the decision was reversed.
http://translate.google.com/translate?u=http%3A%2F%2Fblog.quintarelli.it%2Fblog%2F2007% 2F09%2Fgravissimo-la-c.html&hl=en&ie=UTF8&sl=it&tl=en
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Kinda like Toyota telling me I can't put high performance plug wires and plugs in to get better gas mileage.
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But it is not all roses here in PC land. Looking at Mass effect, EA was gracious enough to allow my to change my system three time. So if I re-install my OS or swap out to a bigger chunk of RAM in the future, I'm going to burn an activation of Mass Effect. I'm sorry, I thought when I place place the order for the parts and supplied my CC to newegg, I was purchasing those parts for myself. My mistake Mr EA... Seriously: it is my friggin PC, if I wasn't to re-install my OS I will M***** F****r!!. Idiots wonder why we pirate the shit, *sarcastic tone* it has nothing to do with having control over the game we purchased or even the PC we assembled.
Someone has to start stepping up for the rights of us consumers already. Everything from movies, TV shows, video games, we are getting screwed.
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Re:
Regards,
Ex-Microsoft customer...
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I just bought a house last year, is it illegal for me to expand my deck in my own backyard? What if I was to knock down a wall inside?
I get the warranty invalidation issue - naturally they should be off the hook for a warranty if you mod a device (being outside what they say you are allowed to do), but aside from voiding your warranty why should there be any further restrictions??
If it's a "circumvention" issue for copyright then maybe they need to look at each mod chip separately; does this chip circumvent encryption? If yes - maybe they have a case, if no then it's legal.
End of story.
If I can buy a chip that lets me play (unencrypted) PS/PS2 games on my PS3 (hypothetical) then what's illegal about that? Especially if I already OWN the games.
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Re:
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No. 9...
Before doing any structural changes an existing property you have to get permits. If they deny the permits you can't legally make the changes. If you make the changes without the permits, then you can't sell the home until you get the unauthorized changes approved and pay penalties/fines/fees or remove that extension/replace that wall.
Do I think it is right?
Yes, but only to the extent that it is used to protect a person from serious injury or financial harm caused by an idiot that either ripped out something that was a load support, or building something that is going to fall apart.
What if you never plan to sell?
Well, with a house you can not really guarantee that the property won't change hands for one reason or another.
Other than that, I agree completely with the rest of your post.
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If I own it, why can't I tweak it?
Or go a step further, and make registering a product mandatory for any warranty at all to become valid, and force registrants to at least check a box they've read and understood this caveat?
Or as we suspect; It's really all about the perceived/potential lost revenue...
The Team
http://wirelessspeech.blogspot.com
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Yeah!
Seriously, how are region standards helping humanity? How are they uniting people? If anything I think they are driving people further apart.
I just wonder whats its going to be like in a few years.
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Re: yep its legal in Au
sal
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A Thought
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What does it matter either way?
So if they make mod-chips illegal what difference will it make? I will still be able to find a good mod-chip by reading the right forums and find out where to purchase it over the web from the east. So nothing will change if made illegal or legal as the main use is illegal.
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Mod chips are legal in Australia
They were found not to breach copyright, but more interestingly the Australian courts seem to take issue with any built-in tech that restricts products by region. Mod-chips were seen as a valid means for people to be able to play imported games.
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Re: Mod chips are legal in Australia
People buy modified consoles so they can play the pirated Bali and China copies.
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Piracy on the High Seas
I've been given the impression that the only reason people modify their consoles in is to make and play unauthorized copies OF imports.
I agree, region codes are anti-consumer, it should be a first-come first-served market.
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Modchips also legal in Spain
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What is a modchip abour
- copyright violators (*) who are anyway breaking the law by making illegal copy of copyrighted items
- Import-players, for example, Jap-fans who want to have origina Japanese version of some games or who want to play a game that has not been translated and imported by official shops
- Homebrew hackers, who want to get the most of their console... (I'm in that category : SMS allows me to play my videos on the TV, HDLoader allows me to store my games on the HDD, which allows faster loading, no wear on the DVD laser (the weakest part of the PS2) and not having to change the DVD everytime), but also to put my savegames on the HDD (no more memory card hassle), to export my savegames to the PC, ...)
- true backup usage (for example, when you've young children)
So it's not a matter of black and white, as with many TOOLS, the most important is the use you make of it... An hammer may be used to drive a nail in the wall... A Gun may be used to hunt (both legally and illegally), to participate in competitions or to commit a murder... P2P software are both used for copyright violations and for (legal) downloads of linux distribution or World of Warcraft updates (WoW uses Bit Torrent for the patch distribution)
(*) I refuse to use the word "Pirates" because Pirates are the one who used to kill and shipwreck to steal the goods on merchand's boats... It's about COPYRIGHT VIOLATION and not about piracy !!!
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It goes beyond copyright
The new laws too, totally disrespect the consumers right to free access to copyrighted material once the copyright expires, it is still a crime to circumvent a technological protection measure to access/copy materials even for which the copyright has expired. The manufacturers who build in these TPMs have no obligation to make them recognize the term of the copyright.
And when you finish marking off the years on your calendar when you can finally freely copy that Donkey Kong game they arbitrarily extend the term of copyright for another 20 years anyway without consulting you.
Its all about supporting the commerce nothing to do with consumer's rights.
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response-legal console modding
priorly said, once bought, its your to use,right?? Not according to corporations. And as for emulation- if you look closely- not all consoles can be emulated !! Ho-ray for the making mod chips accessable now. maybe now i can
back-up my console game cd's (DMCA won't like that-dispite the fair use doctrine). Maybe-just maybe someone in corporations can help lead the changeover to a more consumer friendly format for sold games!!!
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Cheap games
I don't think so, but they have never tried.
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Easy way to play NDSL
I found an easy way to moded your NDSL more easily and friendly.
You should look this..
http://www.ge.ndsi.in
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