UK Again Says That Mod Chipping Isn't Legal

from the you-bought-it,-but-you-don't-own-it dept

The war against actually being able to own the products you (thought you) bought continues. An appeal by a guy convicted for installing mod chips in video game consoles in the UK has been rejected. Even though the guy himself might not have been violating copyright law, apparently the fact that such mod chips could be used by others to potentially violate copyright law is enough to get him convicted. So, basically, modifying the hardware that you legally purchased? Not legal.

And... in somewhat related news, a bunch of folks have sent in the story of Microsoft cutting off what may be hundreds of thousands of players from Xbox Live for using modded consoles. Microsoft, obviously, is trying to stop players from cheating (one use of a modded console), which is understandable, and certainly within Microsoft's right. Still, the action does come across as a bit heavy handed. There are perfectly good reasons to mod a gaming console, such as to play unofficial games -- and as much as I understand the desire to stop people from cheating or playing pirated games, it still seems like you should be able to modify hardware that you legally purchased.

46 Comments | Leave a Comment..

Legal Issues

by Mike Masnick

Thu, Jun 12th 2008 4:01am

Mod Chips Found Legal In The UK

from the mod-away dept

For many years, we've wondered why some folks considered the process of mod chipping to be illegal. After all, if you own a device, why shouldn't you be able to modify it? It's not illegal to modify your computer, so why would it be illegal to modify a game console? Well, thanks to the DMCA in the US, the question wasn't entirely clear -- because console makers use encryption, they consider any modification to be a circumvention of that encryption, and the DMCA has that pesky anti-circumvention clause. In the US, it's become even more bizarre, with federal officials taking up the cause and fining mod chippers while claiming (seriously) that mod chipping was a national security issue.

Luckily, it looks like the courts in Europe are a lot more reasonable about all of this. A few years back, we noted that an Italian court ruled that mod chips were perfectly legal (Update: Well, darn. As a commenter notes, the Italian decision was later overturned). And, now, a tipster alerts us to the news that a UK appeals court has found the same thing, tossing out all of the charges against a mod chip seller, noting that mod chips do not circumvent copy protection systems. Not only that, but the defendant was awarded legal fees. This is a big deal, as the lower court had found the guy, Neil Higgs, guilty for selling mod chips he had imported from Hong Kong. So, now that's Italy and the UK that recognizes modifying your gaming consoles shouldn't be illegal. Anyone else?

30 Comments | Leave a Comment..

Too Much Free Time

by Mike Masnick

Thu, Aug 2nd 2007 11:11am

Homeland Security Tries To Make Dubious Connection Between Mod Chippers And Money Laundering

from the don't-they-have-something-better-to-do? dept

We've written about the mod chip saga for years. Basically, mod chips let you change what a video game console can do. It's often used by people who want to play unauthorized games, but there are legitimate reasons to modify your video game system. Considering that it's a purchased item, you would think that the owner would have every right to tinker with it however they saw fit -- but you would be wrong. Buzz writes in to let us know that mod chips are back in the headlines as again as customs agents raided 32 homes and businesses to look for mod chips. It's not clear why the feds should get involved in what someone does to legally purchased hardware, but that's the world we live in these days. Thanks to the DMCA, having anything that can circumvent copy protection is illegal. The press release quotes from the Department of Homeland Security are really stepping into ridiculous territory, though: "These crimes cost legitimate businesses billions of dollars annually and facilitate multiple other layers of criminality, such as smuggling, software piracy and money laundering." That's right. First cite bogus claims about imaginary "losses" and then, to make it actually sound like a big deal, try to imply that it's involved in organized crime by saying it's associated with smuggling and money laundering. Of course, there wouldn't be any issue with "smuggling" if the law wasn't criminalizing modifying a product that you legitimately purchased.

33 Comments | Leave a Comment..

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UK Again Says That Mod Chipping Isn't Legal

from the you-bought-it,-but-you-don't-own-it dept

Mod Chips Found Legal In The UK

from the mod-away dept

Homeland Security Tries To Make Dubious Connection Between Mod Chippers And Money Laundering

from the don't-they-have-something-better-to-do? dept

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