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Myrthos
Spoiler of All Fun
Joined: 07 Jul 2001
Posts: 1926
Location: Holland |
| Is modding a console illegal? |
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Just asking for an opinion. Do you consider modding your console (by putting in a special mod chip) illegal?
I understand it is not illegal by law (except in France I believe). but do you consider it an illegal act?
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Thu Jan 13, 2005 8:32 am |
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genji
Eager Tradesman
Joined: 11 Dec 2004
Posts: 39
Location: Melbourne, Australia |
It is illegal by law here, too. But it's the sort of law that doesn't get enforced all that often.
I don't know whether it should be legal or not. The modding process itself can't technically be illegal. It is, after all, your property, and you should be able to alter it if you so choose. However, that modded console can then be used to do things which are DEFINATELY illegal. Like playing games without paying for them.
It's very difficult for the law to crack down on these illegal activities. They shut down one torrent, dozens more open up. Nintendo have been the most successful in stopping piracy. Other developers are losing millions because of it.
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In dreams I walk with you |
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Thu Jan 13, 2005 10:59 am |
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Davo
City Guard
Joined: 03 Sep 2002
Posts: 146
Location: Massachusetts, USA |
I'm not certain, but I think in the U.S. modding a machine is not illegal, but copying games to play on a modded machine is illegal. There are many Japanese RPG fans in the U.S. who either mod their machines so they can play U.S. and Japanese imports on the same machine, or buy a Japanese console for Japanese games. First, there would have to be a federal law in the U.S. to make modding illegal in all states; such a law may exist, but I don't know whether one does. Copying games is certainly illegal because it infringes on copyrights and there are federal laws in the U.S. in this area.
I think modding a machine is not inherently illegal provided you do not have an illegal purpose in mind. As far as I know, there is nothing illegal about importing Japanese games to the U.S., and there are MANY companies that sell imports. You can even buy Japanese video games in specialty stores in the U.S. There is at least one that I know of in the Boston area. I don't see anything inherently illegal about modding a machine to play legally imported Japanese games.
Modding your machine will, however, void your warranty.
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Thu Jan 13, 2005 2:37 pm |
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Jaz
Late Night Spook
Joined: 20 Jan 2002
Posts: 9708
Location: RPGDot |
Modding a console is not illegal here, either. Using it to circumvent copy protection, on the other hand, is. Same with a computer.
My latest console is modded; it serves as our media center (before the console we had a comp in our living room, but the 'box takes less space).
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Jaz |
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Thu Jan 13, 2005 4:30 pm |
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Fez
Fearless Paladin
Joined: 08 Dec 2001
Posts: 240
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It is not illegal to mod a console and it is not illegal to play genuine imported games on it. The console is your property and you can throw it down the stairs once you have bought it, if it suits your whim.
As long as you don't play pirated games no one can complain.
Circumventing copy protection isn't a crime either, IF you have a licence to use that software. It is perfectly reasonable to back up any software, for personal use only. If anyone else is going to use it/buy it then all copies must be destroyed or transferred along with the original discs and the software licence/ownership.
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“Everyone’s a girl when they’re face down.” |
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Sat Feb 12, 2005 3:34 am |
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Jaz
Late Night Spook
Joined: 20 Jan 2002
Posts: 9708
Location: RPGDot |
quote:
Originally posted by Fez
Circumventing copy protection isn't a crime either, IF you have a licence to use that software. It is perfectly reasonable to back up any software, for personal use only.
Depends on where in the world you are. According to our current copy-protection law it is illegal to make a copy for your own use if you have to circumvent copy protection to do so.
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Jaz |
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Sat Feb 12, 2005 12:04 pm |
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Fez
Fearless Paladin
Joined: 08 Dec 2001
Posts: 240
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I suppose the best advice is to check the local laws then for what rights you have. Some places are more draconian than others.
In 99% of cases just don't [i]sell[/] or provide dodgy games to people, that's what pisses people off.
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“Everyone’s a girl when they’re face down.” |
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Sun Feb 13, 2005 2:09 am |
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Chekote
Where’s my Banana?!?!
Joined: 08 Mar 2002
Posts: 1540
Location: Dont know, looks kind of green |
My opinion:
1. Modding a console is not illegal. Just like owning a CD/DVD burner is not illegal. Its what you do with it that is illegal or not.
2. Copying your own software for backup purposes is not illegal. Although I have yet to meet anyone who copies software for reasons other than piracy.
On a related note, I think the whole region encoding thing is rather counter productive. I know its meant to reduce the spread of piracy, but to be honest, it doesnt make a damn bit of difference. All it does it encourage law obiding citizens who want to play foreign games to get their systems modded, and thus introduce them to the underworld of piracy.
People who already want to pirate games are going to do so, whether you want them to or not. The last thing you want to do is give your legitimate customers encouragement to join them.
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IMHO my opinion is humble |
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Mon Feb 14, 2005 3:08 pm |
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