6 Comments

Got to allow Xboxes as it's proven that the modding isn't solely for piracy. Hell the games cost about as much as it would to download them and burn them to a disk anyway :lol:

Modifying consoles breaks the Digital Millennium Copyright Act in that they circumvent the copy protections in place.

I am not sure about all of these to be honest so if someone knows what is regularly done (i.e ebay other forums) that may be useful too.

Personally off the top of my head I think OEM is supposed to be sold with some item and software and license can be sold (i.e. Photoshop with discs etc).

I didn't think DMCA applied in the UK? Isn't that an America thing? I think UK would be EUCD

For reference, ebay cancel listings of modded xbox's etc on a regular basis. But then they're a law to themselves so not sure of the relevance of that :lol:

I'm no expert, but surely ebay are making money from the people selling the xbox's etc. So microsoft etc. would have more grounds to make them take stuff down. Although they still could get pissy at HUKD I doubt they would, after all it's just a few people posting the occassional shady item on a forum.
I say let people sell the stuff, just make sure this place doesn't turn into shady trading forums ltd. :-)

Firstly IANAL nor do I play one on TV. That being said, as far as I am aware, the selling of second hand software, etc. has never been tested in court at an indvidual level. I think there have been some attempts when it comes to selling people's second hand software/hardware on a business type level, but from what little I know, I don't think these have ever come to anything (hence the likes of Game, CEX, etc.). The same is true of downloaded software.

OEM software/hardware is a bit trickier, especially in the case of some software, where its use is tied to the hardware it was installed on. i.e. OEM versions of Windows. That being said, it is easy to get round these restrictions and again, I don't think action has ever been taken against individuals selling such things.

Modifications are another grey area. They are illegal not because they allow you to run cracked games, games from other regions, etc., because as others have pointed out, they can be used for other things. However, they are considered illegal because in order to work they have to use proprietary techniques (or reverse engineer proprietary software/hardware) that they do not have the rights to use. It is therefore IIRC illegal to sell these items. However, again, any action taken has been against those making such devices/software, or selling them on a large scale, not against the individual selling second hand goods.

So my personal take on it is that it would be ok to allow such deals on the FS/FT forum, but I would add the stipulations that:

a) The seller is the rightful owner (obviously)
b) That all the necessary key-codes etc. are supplied with the item
c) That in the case of software the seller ceases to use any copies they may have as a back up or installed on their machine
d) That it is clearly documented in the sale that the items are legally obtained downloads or OEM verions, etc.
e) In the case of mods, that only the mod (or modded equipment) is sold, and not any extra illegal software, such as games, that may also be installed on the equipment.

In other words, pretty much what you do already. ;-)
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