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Hardware Hacking The Courts Build Games

Mod Chips Legal In the UK 169

An anonymous reader writes "Good news out of the UK! Techdirt reports that an appeals court has overturned a lower court ruling and has now said that mod chips do not violate copyright laws. The case involved a mod chip seller, who imported mod chips for the XBox from Hong Kong and would sell the chips or mod the Xbox's himself. He was charged with copyright infringement and found guilty by a lower court. The appeals court has dismissed all charges, however."
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Mod Chips Legal In the UK

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  • by superash ( 1045796 ) on Friday June 13, 2008 @05:42AM (#23775737)
    After I buy something, it is _mine_ ! Case closed. I can do whatever I want to do with it. If I had stolen it then I am guilty. I don't see a case otherwise.
  • by jamesh ( 87723 ) on Friday June 13, 2008 @06:00AM (#23775799)
    Unless it's licensed, not sold :)

    Fortunately the 'first sale' principal has held up in most places where it has been tested, so your argument seems to hold true.

    But to stretch your argument until it breaks, if you buy a gun then it's yours, but you still aren't allowed to modify it in such a way that it is illegal (eg upgrade it to semi automatic, saw of the barrel(s) to make it easier to conceal). Likewise if a law is introduced that says you cannot modify your games console to allow it to play illegal games then your argument is incorrect, and I think that is what was being tested here (although I think they were trying to make an existing law apply rather than testing a law brought in to address that problem specifically).
  • by Silver Sloth ( 770927 ) on Friday June 13, 2008 @06:11AM (#23775859)
    At the risk of being accused of trolling Microsoft have the right to decide whatever rules they like about access to Xbox live.
  • by harry666t ( 1062422 ) <harry666t@nospAM.gmail.com> on Friday June 13, 2008 @06:11AM (#23775861)
    What if I modify my own brain to play illegal games without use of any external devices? Will I be a criminal charged for copyright infringement? Will I have my brain removed? How do they know what could be there in my brain?
  • Wider relevance (Score:4, Insightful)

    by damburger ( 981828 ) on Friday June 13, 2008 @06:13AM (#23775869)

    Does this establish that the whole idea of it being a crime to provide a service that allows others to circumvent copyright is going to fall apart?

    i.e. will they still be shutting down sites like tv-links.co.uk which was only linking to copyright infringing material, not providing it?

  • by SkunkPussy ( 85271 ) on Friday June 13, 2008 @06:24AM (#23775903) Journal
    "Where the law is too complex for the average person to understand, then there is something wrong with it."
    great point. I have been saying for some time, that as there are so many laws that its impossible for any individual to be aware of all legislation that pertains to them, how can it be possible for a well-meaning individual to obey said laws? Therefore how can this legislation be valid?
  • by thermian ( 1267986 ) on Friday June 13, 2008 @06:26AM (#23775911)
    That's because the view (which is, to their mind, legitimate), is not that modding isn't illegal, its just that the law hasn't caught up with the requirements of modern technology.

    There are situations where this viewpoint is entirely valid, and some where it is not. Thats why we have the judiciary in the first place.
  • by Opportunist ( 166417 ) on Friday June 13, 2008 @06:35AM (#23775949)
    It's playback prevention.

    Nobody protects my playback. Actually, the opposite takes place.
  • by EveLibertine ( 847955 ) on Friday June 13, 2008 @07:10AM (#23776087)
    Ignorantia legis non excusat
  • by Tuoqui ( 1091447 ) on Friday June 13, 2008 @07:15AM (#23776111) Journal
    Just wait until you get a 3 year old stepping on your video game/dvd case then you'll see why you need 'backup' copies...

    Unless of course the companies are willing to furnish a brand new copy for a damaged or destroyed old copy rather than milk the customer for another $20 for a DVD or $60 for a game.
  • by Kjella ( 173770 ) on Friday June 13, 2008 @07:19AM (#23776131) Homepage
    In general, I think they're far too trigger-happy on creating new laws because it happens to be an old crime using new technology. Like the law a little while back on "cyberbulling", isn't harassment already a crime? Fraud? Theft? Blackmail? If i blocked the door to your brick-and-mortar store, they'd certainly find a way to prosecute my "denial-of-service" attack. Yes, there are probably a few crimes that really are new, but most aren't. Sometimes they don't make sense like we go from big industrial pirate industry to smalltime individual pirates, then the penalites should go up, up and away. Cyber-something is most an excuse to push new laws going in the direction they want.
  • by tepples ( 727027 ) <tepples.gmail@com> on Friday June 13, 2008 @07:26AM (#23776173) Homepage Journal

    Likewise if a law is introduced that says you cannot modify your games console to allow it to play illegal games then your argument is incorrect
    Does something like XBMC count as "illegal games"?
  • by maxume ( 22995 ) on Friday June 13, 2008 @07:29AM (#23776191)
    So kick her out.

    That is, after all, what most people choose to do.
  • by tepples ( 727027 ) <tepples.gmail@com> on Friday June 13, 2008 @07:43AM (#23776237) Homepage Journal

    Nor to I need to know things like building codes unless I intend to build a building.
    If you own a home, you rebuild it continuously as you live in it.

    I can understand people completely mind blanking when they hit a sentence like that though.
    Mind blanking is one of the symptoms of a misunderstood word [wikipedia.org], illustrated in an episode of Muppet Babies that explored misunderstanding of "tuffet" [wikipedia.org]. If you're new to legalese, make sure to keep a good dictionary at your side so that you can clear these words [scientologyhandbook.org]. I still don't know why legal information web sites don't generally give readers more tools to clear words, such as a built-in dictionary. Is it because a complete Free dictionary doesn't exist yet?
  • Re:EULA ? (Score:2, Insightful)

    by Devin Jeanpierre ( 1243322 ) on Friday June 13, 2008 @07:43AM (#23776241)
    From what I've heard, EULA's aren't very proven in court (in the US specifically, but also elsewhere). While it may be more applicable, it could be very dangerous-- if EULAs were held to simply be invalid, then a lot more than mod chip litigation is screwed over. Copyright is more proven, and indeed, cases like this are more likely to be won, or can be lost without as much devastation (copyright in its entirety will not be thrown out over such a case). It actually was won, of course, so the logic for copyright did have some foundation (even if not as much as using the EULA and contract law)-- just not enough for the next-higher level.
  • by Anonymous Coward on Friday June 13, 2008 @07:44AM (#23776247)

    I understand why copyright infringement is illegal. What I don't understand is why facilitating copyright infringement is illegal.
    Well, I assume it's the obvious:

    (1) We want to prevent copyright infringement (see why copyright infringement is illegal).
    (2) Banning possession of mod chips will help achieve (1) as pirated games cannot be played.
    (3) Banning sale of mod chips is easier than (2) as it is easier to prosecute ten distributors than a thousand consumers.
    (4) Politicians decide, rightly or wrongly, "allowing import games and backup copies" is wanted only by a small fraction of people.
    (5) Politicians judge that our collective desire from (1) to prevent copyright infringement, scaled by the effectiveness of (2) and (3), is greater than our desire from (4) for the non-piracy benefits of mod chips.

    There are other examples of laws like this; driving fast doesn't harm people, vehicle/vehicle and vehicle/pedestrian collisions harm people. But we regulate vehicle speed to achieve the goal of regulating vehicle/vehicle and vehicle/pedestrian collisions because vehicle speed is easier to regulate.
  • by Hells ( 1166547 ) on Friday June 13, 2008 @07:55AM (#23776315)
    Mod chips dont pirate games, people do.
  • by zappepcs ( 820751 ) on Friday June 13, 2008 @08:12AM (#23776401) Journal
    The whole rent thing is just a bit of a bad idea in the case where you get a physical object that cannot be returned, and the leasing company does not ever want it back. If in fact you are leasing it, the repairs of such should be free of charge if they are not due to normal use, and you as a lease holder are due a proper and functioning unit while the lease is current.

    If the cost of an xbox is a lifetime lease, then the product should be accompanied by lifetime warranty, lifetime repair as well. When leasing a house or car, you are responsible for damage to the property, normally paid on termination of the lease. This process is not in use for the xbox, indicating that it is NOT a lease, but a sale. Where lifetime == term of the lease.

    I've not explained that correctly, but under the law MS has not acted like someone renting out games consoles. They behave like someone selling them. Until that changes, doctrine of first sale applies.

    The movie rental place by my house 'rents' games consoles, and they act like they are renting it. MS does not do that, and charges a different price as well. Intent has a lot to do with how many judicial processes look at things. Intent to murder and accident are two different things as an example.

    Just how I see it.
  • by Anonymous Coward on Friday June 13, 2008 @08:23AM (#23776497)
    Are you seriously advocating a Scientology-based approach to legal study? ...on Slashdot?
  • by Spokehedz ( 599285 ) on Friday June 13, 2008 @08:28AM (#23776543)
    Mod chips should not be illegal because of the 'might do' senario. A modchip can't play illegal games all by itself. It takes at least three steps in order to make it play stolen games:

    1. Download it
    2. Burn it
    3. Put it in the console

    Otherwise, it is just a chip with code on it. Nothing more. YOU have to make the decision to play a game that you do not legally own. Not the console or the modchip.

    To continue your gun example... I might go out and kill someone with my gun.

    Would making my gun fire faster want to make me kill more? No.

    Would making it easier to conceal make me want to kill more? No.

    Would it make it easier? Well, duh. That's not the issue. It was possible before I modded it to kill someone with my gun, and it is still possible after I mod it. All that is changed is how easy it was to kill someone with it.

    It was possible to play games I don't own before--all I had to do was steal them from the store. Pretty easy, with how lax stores are these days with camera security and such... But the fact of the matter is that I had to steal something somehow. Not the console, the chip, or anything else. Me.

    *** I used myself as an example, and I do not own any stolen games. Nor do I plan on owning any stolen games. And I don't plan on going out and killing anybody any time soon either. ****
  • by tepples ( 727027 ) <tepples.gmail@com> on Friday June 13, 2008 @08:40AM (#23776627) Homepage Journal
    AC wrote:

    Are you seriously advocating a Scientology-based approach to legal study? ...on Slashdot?
    Every religion has good ideas and bad ideas. A stress on vocabulary building just happens to be one of Scientology's good ideas.
  • Don't abuse labels (Score:4, Insightful)

    by ccguy ( 1116865 ) on Friday June 13, 2008 @09:19AM (#23777063) Homepage
    Who's the idiot that labels everything 'suddenoutbreakofcommonsense'?

    Maybe it was funny a year ago (to him at least), but come on...stop abusing labels, they aren't that useful to begin with, don't make it even worse!
  • Re:Big Time Wrong (Score:2, Insightful)

    by knight24k ( 1115643 ) on Friday June 13, 2008 @09:40AM (#23777329)

    Sorry, but in the US, just having the PARTS without a license to convert any firearm to a full-auto is a felony. It is most certainly NOT legal to do that one.
    There, fixed it for you. Possession is not illegal, possession without the proper license is. Possession of a FFL along with the proper license can legally possess both semi and fully automatic weapons and their parts. They can even possess and purchase suppressors if they so choose. These items are heavily regulated and monitored, but are not banned or illegal. As for your anecdotal case. Unless you know the specifics I would hazard a guess that either the jury didn't believe his story or the judge didn't or both. Just because he claims that it went full auto due to normal wear doesn't make it true.

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