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[INQ] Modchips are Legal in UK - Page 6

post #51 of 52
Quote:
Originally Posted by VulcanDragon View Post
That I agree with and understand, but there's two problems:

1. That's not what the article said the UK ruled on. Quote:



This is saying that the copyright infringement took place before the mod chip was used by the customer. I.e., either in the design and creation of the thing, or in selling it, or somewhere before it was ever actually used. The best I can figure is that they are trying to say that reverse engineering the copy protection in the first place is the copyright violation; and that's just wrong. It may be illegal (depending on where you are, it is here because of the DMCA); but breaking the DRM scheme is not the same as the act of acquiring copyrighted material without paying for it.

2. He did more than than just sell the mod chips, he installed them:



Once you add the mod chip into the console, the piracy questions begin. The questions being, of course, that in some cases (notably the original XBox) the mod chip enables a helluva lot more than game piracy (which is the reason mod chips are legal in Australia, as I understand it). However, if UK law said that adding a mod chip to a console was illegal (which I believe it did before this), then he was clearly caught with his pants down doing a naughty, naughty thing.
Well technically that is correct but it's not really correct. You don't have to commit piracy before having a mod chip but in the instance they are trying to sue, the act of piracy was committed by the end user downloading the games prior to getting the mod chip installed in his system.

But it still goes back to what I stated which is that a mod chip doesn't prevent you from playing games that you purchase legally. It just allows you to play games that are obtained illegally. However, the mod chip itself cannot make you download games nor does it require you to download games to play them and that's the basis for my argument.

Quote:
Once you add the mod chip into the console, the piracy questions begin.
Actually it doesn't because a mod chip is not illegal nor does it encourage illegal activity. One of my PSX's has a mod chip installed in it but I don't play burned games on it. The reason I got the mod chip is because it's the older edition of the PSX that you have to turn upside down to play the newer games on it. The mod chip however, circumvents this and so I don't have to turn it over anymore because of the lens placement. So can I be sued. No I can't because I'm not doing anything illegal by anyone's interpretations of the law.

Is installing the mod chip in my system committing piracy or breaking any ToS agreement. No it's not because it doesn't state in any system's ToS that installing any new circuitry is committing piracy or is illegal. It just voids the warranty.
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post #52 of 52
Quote:
Originally Posted by KamuiRSX View Post
Actually it doesn't because a mod chip is not illegal nor does it encourage illegal activity.
Well of course a mod chip encourages illegal activity. I fully recognize and have taken advantage of the non-piracy related features of mod chips. But only the most naiive would actually delude themselves into thinking the mod chip market is actually based on that. The majority of mod chip users are taking advantage of the piracy features. Once the mod chip is in there, piracy is easy...and that's the entire reason piracy runs rampant on the PC, because it's easy.

Quote:
So can I be sued. No I can't because I'm not doing anything illegal by anyone's interpretations of the law.

Is installing the mod chip in my system committing piracy or breaking any ToS agreement. No it's not because it doesn't state in any system's ToS that installing any new circuitry is committing piracy or is illegal. It just voids the warranty.
I didn't check if you were in the US or not...if you are, you might want to familarize yourself with the DMCA. The letter of the DMCA actually does prohibit bypassing copy protection schemes. There doesn't have to be anything in the console's EULA, or whatever. If the console has a DRM/protection system built into it (which all consoles do), and you take action to bypass that system (regardless of why), the DMCA prohibits it.

Now obviously, and and has already been pointed out, the DMCA does have contradictions in other law. It is a terrible piece of legislation, so pro-business and anti-consumer that it's shocking to me why people aren't more up in arms about it. But the law is in place, and the current Republican-tilted court system has upheld its provisions in court. The question of mod chips has not, to my knowledge, been tested in the US court system yet, however. As I said earlier, I believe that the console makers are skittish about trying to push the issue; despite having the letter of the DMCA on their side, they have seem mod chips ruled legal in other countries and may be afraid of losing here, which could put a dent in the DMCA itself (and they do not want that, of that you can be sure).
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