leaving posts up that are basically illegal - HotUKDeals
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[admin]#1
Hi sassie

I believe you are referring to a seller who had an item for sale including games installed on it. In this case it was locked and the seller was banned which is according to our rules. In cases like this leaving the situation visible allows others to see it is not acceptable and the repercussions for doing so.
banned#2
Admin
Hi sassie

I believe you are referring to a seller who had an item for sale including games installed on it. In this case it was locked and the seller was banned which is according to our rules. In cases like this leaving the situation visible allows others to see it is not acceptable and the repercussions for doing so.



well no not just referring to that seller, i have seen a few of late, and yes i can see where you are coming from, but if its illegal to sell then surely its illegal to advertise and by leaving the posts up not only encourages private dealing it also is still advertising illegal goods surely
[admin]#3
The case I was thinking of the seller was banned so no contact.

We will make sure that any details are removed from the posting in the future when we handle it in this way.

Thanks for the feedback.
banned#4
Admin
The case I was thinking of the seller was banned so no contact.

We will make sure that any details are removed from the posting in the future when we handle it in this way.

Thanks for the feedback.


well this seller is only banned for a day, but was just a thought, i think the crack down you seem to have implemented has been great and i for one am gald to see it, and also as used to spend alot of time on there am already seeing the good results coming from this crack down, so well done on that and to the mods who are now dealing with these in a quick way:thumbsup:
#5
I presume you are talking about things like 'modded' xbox's and PS2s? If so, it is not illegal to mod your console, it is only illegal to play 'modded' games on them if you don't have an original copy. Therefore a seller would lawfully be able to sell a modded ps2 on this site, as long as he doesn't sell 'modded' games along with it.
#6
There has been a big increase recently in people selling on OS upgrades and OEM software which cannot be resold, its a grey murky area and much less clear cut than copied games etc. but is still quite a serious issue as potentially both the seller and the buyer could be invalidating their software license.

sassie
i think the crack down you seem to have implemented has been great and i for one am gald to see it, and also as used to spend alot of time on there am already seeing the good results coming from this crack down, so well done on that and to the mods who are now dealing with these in a quick way:thumbsup:


Agreed, its good to see :thumbsup:
banned#7
The JFK
I presume you are talking about things like 'modded' xbox's and PS2s? If so, it is not illegal to mod your console, it is only illegal to play 'modded' games on them if you don't have an original copy. Therefore a seller would lawfully be able to sell a modded ps2 on this site, as long as he doesn't sell 'modded' games along with it.


no, i am talking about illegal copies
banned#8
The JFK
I presume you are talking about things like 'modded' xbox's and PS2s? If so, it is not illegal to mod your console, it is only illegal to play 'modded' games on them if you don't have an original copy. Therefore a seller would lawfully be able to sell a modded ps2 on this site, as long as he doesn't sell 'modded' games along with it.


Yes it is illegal to mod consoles

Heres a link to a recent raid confirming it

http://www.computerandvideogames.com/article.php?id=182513

It isn't a criminal offence to play copied games though.
#9
colinsunderland
Yes it is illegal to mod consoles

Heres a link to a recent raid confirming it

http://www.computerandvideogames.com/article.php?id=182513

It isn't a criminal offence to play copied games though.



Whilst you may be correct, there is nothing in the article that states it is illegal to mod consoles.
banned#10
The raid followed months of investigations by Staffordshire Trading Standards and several test purchases. One of the purchases involved sending off a regular Xbox 360 to be chipped and the other the purchase of a pre-chipped Wii, which can now play Japanese copies of Smash Bros Brawl and everything.


Why would they do a test purchase of getting a console chipped if it wasn't illegal?

Its something to do with circumventing copy protection with the sole intention of allowing people to use copies, its either in the designs and patents act or the copyright act I believe
#11
colinsunderland
Its something to do with circumventing copy protection with the sole intention of allowing people to use copies


Surely it can be argued that most mod chips allow other functions (home-brew apps etc) thus copy protection circumvention is not their sole intention :thinking:
banned#12
not really

http://www.out-law.com/page-2325

Sony sued under the Copyright, Designs and Patents Act 1988. A provision of the Act protects against a person who knowingly made, imported or sold any device specifically designed or adapted to circumvent copy-protection.

"it did not matter one way or the other whether there were uses of the messiah which did not involve such infringement of copyright. The relevant factor was that there were uses of the messiah which did involve infringement of [Sony's] copyright."


http://www.theinquirer.net/gb/inquirer/news/2007/10/25/mr-mod-chips-chips
#13
colinsunderland
Why would they do a test purchase of getting a console chipped if it wasn't illegal?

Its something to do with circumventing copy protection with the sole intention of allowing people to use copies, its either in the designs and patents act or the copyright act I believe


Like I said, you are probably correct, but there is nothing in the article saying that it is illegal to mod a console.

They could've equally been searching for counterfeit games that the modder may have been putting on the modded consoles.
If modding was his business, I would think that it was highly likely that he had counterfeit/copies of games.
banned#14
Actually having a quick look at the law suggests it isn't illegal to mod your own console as long as you don't import the device yourself

Devices to circumvent copy protection - "chipping" (includes internal & external chipping devices, eg. chips & cartridges)
S.296 (1) Applies where a copyright work is issued to the public by or with a licence of the copyright owner, in an electronic form which is copy-protected. (2) The person issuing copies to the public has rights against the person, who knowing or having reason to believe that it will be used to make infringing copies -
a) makes, imports, sells or lets for hire, offers or exposes for sale or hire, or advertises for sale or hire, any device or means designed or adapted to circumvent the copy protection, or
b) publishes information to enable or assist persons to circumvent the copy protection


But you cannot legally sell a chipped console (which is where I got confused), chip them for anyone else, or sell the mod chips.
#15
Please keep this on topic folks, posts deleted.
#16
I agree!

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