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    Modified Consoles, and Modchips.

    Interesting, I'm doing an ICA on this - I choose the topic that interest's me. It's actually IT Law, based on UK law. (Can reference american case's though too)

    Main point within the ICA is..

    It's legal to sell on modified consoles, but it's actually illegal to sell the equipment which allows this. So I am allowed to sell a modified WII. But I can't sell the the part individually (Playables VS Nintendo)

    will make for an interesting point within the ICA anyway.

    I think at this point in time, they have to be able to prove beyond reasonable doubt that the piece of equipment (normally a modchip) is mainly used for piracy, so forget that you can play homebrew, as the main part of this is to play piracy games (even though to play homebrew you need to be able to get past the hardwares security) - which is in itself a breach.

    Other argument is that customers, wish to be able to do as they wish as they've bought the console. - which is a fair point, and one which I will note.

    Dunno which was the first case to make modchips illegal, basically looking for the legal precedence. I found Gilham v the Queen.. Is this the earliest?

    7 Comments

    ...and what are your views on the legality of soft modding and running custom firmware for much the same purposes?

    Original Poster

    Depends on the soft mods. A software modification of a 360 drive, is basically a full modchip.

    Don't get me wrong, this is only for an ICA.

    I've had my run in with my own consoles, Flip top for PS2, flashing the DVD Drive on my 360 etc. Only legit console i've ever owned was the PS3 (at the time there wasn't a hack available anyway). Mainly because when i was younger, the games were extortionate. They still would be if i was 14 again too.

    I just need to plan out what my own aims are for the ICA. basing it on, current problems with the law, how improve on it..

    What it's breaking in terms of the digital millemium act, data protection.. etc etc.
    Edited by: "DarrylJohn" 19th Apr 2011

    By soft mods I was thinking of the current custom firmwares being installed on PS3's taht allow use of homebrew and "backups". Will your ICA cover sony's recent lawsuits against geohot & graf chokolo?

    There was a case in the US which set precedent to allow mobile phones to be jailbroken. However, I don't see the relevance if you're writing about the state of UK law regarding this matter.

    You can't fail to mention the case of R v Higgs, in which the defendant got away with selling modchips after ELSPA had him taken to court.
    Edited by: "oldmanhouse" 19th Apr 2011

    Original Poster

    I'll mention george's ongoing case yeah. That's american though, but im pretty sure digital millenium is part of UK law anyway. Might be able to overlap it abit.. as in, IF it happened in the UK, etc.

    For many items the contract with which you buy it states that the console should not be tampered with as it is leased to you (I remember reading it somewhere) - although I have to at that the ps3 malarky is completely unjust! Geohot wanted the otherOS function restored...

    Original Poster

    tomwatts

    For many items the contract with which you buy it states that the console … For many items the contract with which you buy it states that the console should not be tampered with as it is leased to you (I remember reading it somewhere) - although I have to at that the ps3 malarky is completely unjust! Geohot wanted the otherOS function restored...



    Yeah, i agree in that sense. It was other's that took advantage of the work he had done. Mind you, he's not done himself any favours with his song aimed at Sony. lol
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