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A win for consumers - Mod Chips Declared Legal

Discussion in 'Game Consoles' started by BenZor, Oct 6, 2005.

  1. BenZor

    BenZor (Banned or Deleted)

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    http://www.abc.net.au/news/newsitems/200510/s1476037.htm

     
  2. Agg

    Agg Lord of the Pings

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    Seems a very narrow scope - I doubt for example that Xbox modchips will be ok now, unless the Xbox meets the same not-quite-meeting "technological protection measure" criteria. Dunno. Any lawyers want to comment? :)
     
  3. SomeFReaK

    SomeFReaK Member

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    Xbox mod chips have always been legal (providing they are supplied either without a bios, or with a Linux based bios)

    If the chips are sold with a back engineered bios on them (containing copyright microsoft code) then they are illegal.
     
  4. Agg

    Agg Lord of the Pings

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    But surely an xbox mod chip constitutes a "circumvention device"? Without bearing in mind the effects of this latest ruling, that is. Again, any lawyers in the house? :)
     
  5. bsbozzy

    bsbozzy Member

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    Ok so if i post a Where do i buy one thread, does that mean Slatye(using slatye as an example as it happened to me once) is going to report me?
     
  6. Agg

    Agg Lord of the Pings

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    Yup, coz we don't change our site policies based on random news stories. :)
     
  7. Caviar

    Caviar Member

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    I wouldn't like to try my luck :p Well at least not just yet until the moderators update the rules reflecting this ruling, if at all.

    I suppose there will always be the appeal by industry giants to go through the courts yet. Given this development coming to light, I can see things hopefully becoming a bit more relaxed around the forums with discussions on modchips (and not for the sake of circumventing copyprotection of games either).

    IMHO I think modchips have done the xbox a world of good in relation to homebrew eg. XBMC and the like, and I wonder how many people have bought these consoles with the intention to chip them for this reason. To me the fact that my xbox can play games is a bonus, but being that I prefer online play, a keyboard and a mouse, its never used for this purpose.

    But alas, reading a bit further on of another article I have come across this
    Still a long way to go :thumbdn:

    Edit: Good going on ABC to provide an unbiased news report :Pirate:
    *sigh* if only people would investigate their subjects a little more deeply.
     
    Last edited: Oct 6, 2005
  8. King_Vegeta

    King_Vegeta Member

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    http://www.austlii.edu.au/au/cases/cth/high_ct/2005/58.html

    Here is the case info.
    We're working on a brief to ammendments to the Copyright act at work now (OFLC) which will stuff around with our ability to do stuff, I forwarded the article onto the policy girl i'm working with and she found the case info.

    Now to read it, its rather terse reading.
     
  9. StratosFear

    StratosFear Member

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    When a company is loosing cash on every console sold and aiming to make money on game sales, having people buy their console, mod it and pirate the software really isn't a great way to make money.

    That said there was a very good QA with Allard today

    I'm no lawyer but I wish the media wouldn't jump on the OMG modchips are legal bandwagon. Just becauase a court ruled for some guy in one case on Playstation 1 chips, it doesn't mean you can go freely using Xbox/PS2/Gamecube chips... The code on most xbox chips for example is far from legal in most countries.

    Also a lot of articles seem to neglect the main use of modchips, and that is to pirate games... The dude that Sony took to court was not only installing mod chips but was also selling pirated software.

    Anyway I posted a bit more of my POV in this other thread in Current Events

    http://forums.overclockers.com.au/showthread.php?p=5085780#post5085780
     
  10. mooiamacow

    mooiamacow Member

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    http://www.ausgamers.com/news/html/2363058


    does this mean we can sell modchipped consoles and modchips in the forsale forum? :)
     
    Last edited: Oct 6, 2005
  11. Caviar

    Caviar Member

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    Ahh tou ché didn't realise they were losing money on the consoles themselves so I guess I can see that understanding :thumbup:

    On the flipside its given them a lot of exposure for which to market the xbox 360 as a true "multimedia" console. Albeit I guess very expensive exposure.

    Read a few posts up mate, Agg already said his piece :p
     
  12. dinos22

    dinos22 Member

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    haven't these mod chips been selling normally for the past who know how long....there's a big retailer in paramatta from memory.....they even offer installation services...don't see what the big fuss is all about with these still
     
  13. Goose1981

    Goose1981 Member

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    In perth we have a shop called "The Mod Shop" and they openly advertise in newspapers (and they used to be on TV too) that they mod chip xbox's, ps2's etc etc..

    I still agree with Agg on the fact that the site rules shouldnt change regarding the advertising of modifying xbox's however. This case was related to ps1's specifically and the other consoles/situations have yet to be tested in a court of law. I doubt Aggles was to be the guinea pig, considering a major computer-related hardware site would be a much bigger prize/example to companies than an individual.

    :)
     
  14. Silicon_Effect

    Silicon_Effect New Member

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    look, the way i see it is this

    Microsoft made a bad decision in trying to outlaw all modchips, instead they should have done the following


    a.Support third party apps that let a user copy a legit game to the hard drive
    for faster loading.

    b. Give users the option of upgrading the hard drive much like the PS2's hard drive where it can just clip into the back

    c. Make/support 3rd party apps that play 'other' media suck as vcd's divX's Xvid's

    d. Let users plug the console into their home network and see it as a removable storage device and let them drag 'n' drop media onto the hard drive for later viewing


    I mean if those things were followed up in the right way with still keeping some sort of anti piracy protection that kept users from playing pirated games then the Xbox would be everything that i believe 75% of peole who wanted their modded xbox's to do in the first place


    /rant
     
  15. 4saken

    4saken Member

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    It was Sony, not Microsoft. Sony have always been the ones taking people to court over mod chips.

    So you're saying that you bought something that didn't have features you wanted? Bad luck in my book. You, or anyone else do not have the right to reverse engineer the product. Nor do I agree with you. Most consumers want to slip a game into a box and play it, and that is all. They already have DVD players, stereos, etc.

    Clearly the government cannot endorse piracy. Mod chips must therefore be made illegal.

    The arguement that they are used primarily for anything other than to pirate software is flimsy at best.
     
  16. cyborg

    cyborg Member

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    i didn't now it was illegal on the gold coast theres modchips in the newspaper everyweek
     
  17. Bladen

    Bladen Member

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    Not this case, the High Courts ruling is final.

    However big coporations can always "persuade" the lower house to draft laws they want through giving "campaign donations".

    The stupidest thing I have ever read is;
    I cannot believe that people would be so stupid. You simply HAVE to copy data to play a game, it is impossible not to, whether to RAM, HDD, cache, etc. Why would someone even consider asking if that was illegal? Maybe they where trying to be "politically correct", if so they would be "politically moronic".

    That is just stupid as hell.
     
  18. indy75

    indy75 Member

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    i think it is commonly accepted that most Xvids DivX movies are made with piracy in mind, to be copied/transfered over the net etc.

    if i got a box i'd mod it to do the things i want, but ppl also mod it just to take advantage of whats available when you do.
    i bought a table, the table is mine, i put a hole in it to take an umbrella, this is illeagle? it didn't have the feature i wanted, i took their superbly designed and crafted table (intellectual property)[?] and change it to suit my purpose.

    i believe i have done nothing wrong with "my" table. as long as i don't sell it as a commercial product, or use pirated umbrellas in it, i believe i am not politically harming the product manufacturer in any way.
    i want one just to use as an internet browser.
    (oh i think you mean "to use pirated software". not to actually pirate the software with this moded device.)
     
  19. 4saken

    4saken Member

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    Y E S. Illegal. There's a law that says putting umbrellas in tables is illegal. You can have the hole if the hole already exists, but putting a hole in is illegal.

    Think of it this way, if I sold you the table with no hole, and you returned it to me with half a hole 'faulty', would I be likely to give you your money back? I would be perfectly justified not to, yet you think it's okay to circumvent my use hole-prevention devices in the table I designed to prevent black-market umbrellas being used? Table companies are protected, just like table consumers, umbrellas or no umbrellas.

    In addition the legal contract that you agreed to when you purchased the table said that you wouldn't put holes in it.

    It is your table, but you do not own any knowledge on how to make a table. You're not qualified to go putting holes in it, and changing my design would probably involve reverse-engineering my propriatary table design, which would be illegal.

    What you believe is irrelevant. What the law says is another matter.

    That's some fair modding, getting a table (hole or no hole) to browse the 'net.

    I stand corrected.

    Erm, it's brilliant! You gave the reason why yourself...

    ...by playing a game the manufacturer has not granted you a license to use, you would be in breach of the act because "You simply HAVE to copy data to play a game, it is impossible not to, whether to RAM, HDD, cache, etc."

    No more complicated rubbish! The more times you play that pirated game, the more counts you rack up!
     
    Last edited: Oct 10, 2005
  20. george!

    george! Member

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