Looks like it's now legal to sell modchips! - HotUKDeals
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Looks like it's now legal to sell modchips!

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banned8y, 5m agoPosted 8 years, 5 months ago
Looks like the court of appeal may have given the go ahead for people to legally sell modchips!
I haven't been able to confirm this from any legal source ( BAILII for example) but it is being reported on quite a few forums.
33342 Avatar
banned8y, 5m agoPosted 8 years, 5 months ago
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banned#1
In a landmark historic occasion today 11 June 2008 at the court of appeal criminal division the legal argument that modchips do not circumvent copyright protection was upheld by Judge Justice Jacobs.

The granting of this appeal based on the argument that the copyright infringement has already taken place before the use of a modchip has resulted in the squashing of all 26 counts against MrModchips

The defendant MrModchips was awarded full costs as a result of his successful appeal and offered his most sincerest thanks to his legal team and his many well wishers who had supported his fight for justice in the face of what are now no more than corporate public bullies.

The normally very vocal Michael Rawlinson from ELSPA was strangely unavailable for comment today.

Mr Rawlinson was originally quoted as saying: "It marks a milestone in the fight against piracy."

What it does now is mark a milestone in the fight against overzealous independent agencies who have their strings pulled by corporations as opposed to the genuine concerns of the electorate.

What will these mean for modchips in the UK ?????? Truly a disaster for the likes of ELSPA and Trading Standards.


source : team-xecuter.com
#2
I makes me sick to think how much government money is spent to try and stop people using content in the way they want to. RIAA, MPA etc etc ... waste of time.
#3
will this mean we can expect to see more "modded"consoles on crapbay i think not
banned#4
Must say I'm surprised - but very happy with that verdict!
#5
[email protected];2298899
I makes me sick to think how much government money is spent to try and stop people using content in the way they want to. RIAA, MPA etc etc ... waste of time.

if the music associations and movie companys along with the game developers stopped paying these ***** they would make a damnd good living and not need to feel the need to sue everyone
#6
if you buy something, it should be can do what you want with it.
banned#7
guru_the
if you buy something, it should be can do what you want with it.


so if you buy a knife you should be allowed to stab someone?

It's quite hard to decide about this

Copyright laws are needed, and if they aren't enforced then theres no point having them. However the BPI, FACT, ELSPA can go OTT at times.
#8
colinsunderland
so if you buy a knife you should be allowed to stab someone?

It's quite hard to decide about this

Copyright laws are needed, and if they aren't enforced then theres no point having them. However the BPI, FACT, ELSPA can go OTT at times.


i'm sure more people use knives in their kitchen rather than stab people.
banned#9
pikachu12
i'm sure more people use knives in their kitchen rather than stab people.


I'm sure they do, your point is?
#10
colinsunderland
I'm sure they do, your point is?


i also believe more people use modchips not for copyright infringement, but for access to more features their console is capable of.
#11
colinsunderland
so if you buy a knife you should be allowed to stab someone?

It's quite hard to decide about this

Copyright laws are needed, and if they aren't enforced then theres no point having them. However the BPI, FACT, ELSPA can go OTT at times.


That's quite a strange thing to compare murder with manipulating a piece of electronics kit, the copyright laws should be upheld but the media on which the material is on, is copyrighted not the tool to read it. Sony tried to monopolise on the MiniDisc by copyrighting it but they failed this does not mean that MD albums aren't protected by copyright just the tool to read it and media aren't held by Sony solely.
#12
Well I download a lot of games I cant afford anyway so they arent losing cash in that sense but I also buy the ones I like the most and often get rid of the ones I dont,

There is arguements both ways and a lot of invalid points on both.

I dont like to hard mod as the mod chips wear the laser down faster
#13
If you cant afford games, do what the rest of us do and save up for them instead of stealing.
banned#14
pikachu12
i also believe more people use modchips not for copyright infringement, but for access to more features their console is capable of.


I'll bet they don't. In fact Ill bet most people with modchips don't even know what others things they can do apart from play copied games :-D
#15
Ritchie 2
If you cant afford games, do what the rest of us do and save up for them instead of stealing.


I find that sort of attitude stupid actually, someone has already bought the game so they have been paid for the item.

and what about say a item that is rare like a PS1 game that only had 1000 copies made and used and in bad condition goes for like £70 on Ebay?

Or games that werent even released in this country?

Thats the only time I download really is import games that are either hard to find or expensive and I buy them when they go down in price(so the company loses no money)

Its the way the system works that annoys me though.

If a company makes loads of copies and sells most of them but someone wants to play one of those but theres none locally and around a 100 mile radius then it depends.

In Canada certain copies are allowed due to sales of blank media subsidising them.
#16
Good argument, however it still does not make it right. Stealing games/music/films is illegal - I know a lot of people do it but there really is no justification.
#17
Ritchie 2
If you cant afford games, do what the rest of us do and save up for them instead of stealing.


I agree but the decline of the demo too, has shown that the software houses have no confidence in the cr-ap games they are producing hence no demos. Those that do demos are 'usually' (not always) pretty good which shows the confidence in the product. I have downloaded many, many, games but I being a online multiplayer freak will always buy the good ones to play online but try the rubbish and delete it.
#18
Ritchie 2
Good argument, however it still does not make it right. Stealing games/music/films is illegal - I know a lot of people do it but there really is no justification.


Nothing seems right in this world anymore IMO in the digital case I find the companies to be hypocritical a bit, raking in massive profits then complaining they didnt make a few more quid on a game that someone wouldnt of bought anyway, and that they care more about profits than customers.

Just like its legal to record programs off a tv but if you copied a dvd of that same thing you had on tv it isnt.

In my view its similar in both cases you are copying something that isnt yours for your own personal use I only find it bad when someone say downloads a lot then sells it for profit.

There should be a service where you can legally download games from the companies(though that would hit ISPS bad) where there was massive discounts and they could tie the sale to the person similar to say XBL where its tied to the username,
#19
Alfonse
I agree but the decline of the demo too, has shown that the software houses have no confidence in the cr-ap games they are producing hence no demos. Those that do demos are 'usually' (not always) pretty good which shows the confidence in the product. I have downloaded many, many, games but I being a online multiplayer freak will always buy the good ones to play online but try the rubbish and delete it.


I kind of sympathise with that, a lot of shoddy games are being released under almost media blackout conditions these days meaning all the consumers see is advertisment but hardly any pre release reviews meaning you have to almost take a punt.

As a rule, I wont buy any game that has either poor reviews or no reviews, I also no longer buy on release day or pre-order unless I know exactly what I'm getting (GTAIV for example).

User reviews are the future, A lot of the gaming (and film) media is incredibly biased towards companies that have an intrest in area's of their own buisiness. EA for example heavily sponsor the gaming media and almost always get good reviews for mediocre games.
#20
Ritchie 2
Good argument, however it still does not make it right. Stealing games/music/films is illegal - I know a lot of people do it but there really is no justification.


I actually agree with your points, but then I don't justify or even feel the need to justify my actions. For the record though i've got one of the biggest/best collections of Xbox games imaginable;-)
#21
A scan of an official court document to confirm this is true:
http://www.mrmodchips.co.uk/appeal.pdf

As far as piracy is concerned, my personal take is that if I can buy it NEW, then I will buy it new.
Beyond that, downloading is a lesser evil than second-hand imho.
banned#22
So does that mean I can put R4DS's for sale on eBay without getting banned?
#23
it depends if ebay have ammended their rules in line with this verdict... I seriously doubt it.... but you might want to bring it to ebays attention

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