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First person prosecuted for "modifying a games console in UK"!

Discussion in 'Xbox Forums' started by t-force, Jul 4, 2005.

  1. t-force

    t-force
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    http://news.bbc.co.uk/1/hi/technology/4650225.stm

    This article doesn't exactly mention what he was prosecuted for, although it does talk about circumventing copyright protection systems under the EU Copyright Directive.

    The guy was selling XBoxes with 80 games pre-installed on the HD, so it's not particularly surprising they went for him. I just wonder if it will completely shut down the "legitimate" XBox modding scene. Is this the start of a slippery slope?
     
  2. AV Junky

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    More likely to have been the games that sparked the case - 80 games with no revenues paid to MS is going to ring their alarm bells. If people are buying legit games to play on their modded Xboxes, then where's the harm in that?
     
  3. t-force

    t-force
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    My thoughts entirely. A lot of people in this country simply mod their boxes to use the box as a media centre, or to take advantage of the Hi-Def options that aren't officially available here.
     
  4. CAS FAN

    CAS FAN
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    The BBC article is rather misleading. He's been done for flogging 80 pirated games with each machine as opposed to actually modding the machines.

    The way I see it is that they can only get you if you are caught buying/selling pirated games and/or using them on your modded console. I can mod, smash up or even paint my console pink if I wanted to and they can't do anything, as long as I keep my actions legitimate.
     
  5. t-force

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    TECHNICALLY, the EU copyright directive gives the powers that be the RIGHT to prosecute if you're using any tech that uses reverse engineering to circumvent copy protection, and this could relate to any mod chips. In the real world however, they are VERY unlikely to prosecute, as Microsoft (especially) realise they would lose out on a lot of XBOX sales if they shut down the mod scene completely.
     
  6. CAS FAN

    CAS FAN
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    That can't be true, other wise tape to tape machines, video/DVD combo's etc would all be illegal as they all offer a method of circumventing copy protection.

    Just because you can use a modchip to run illegal software doesn't mean that modchips are illegal per se. Otherwise you could say that all guns are illegal as you can kill people with them or that syringes are illegal as you can inject illegal drugs with them.
     
  7. Eddy Boy

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    But you are then come into personal use. You can copy a CD you have purchased provided you don't then give it to someone else.

    With tape you arn't getting a perfect copy you get loss in the original and the copy, with DVD to VCR again you get some loss in reading the disc then a lot more on the VHS medium itself. However going from DVD or game to hardrive and doing it to multiply units is not good because it is almost loss less.
    That is way DVD players with HDMI or DVI-D have HDCP to stop you going into a PC and getting a direct digital transfer.
     
  8. Phandaal

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  9. Eddy Boy

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    Like i said its one thing to copy a disc for your personal use but to copy and provide to someone else or provide a method to someone elso to view your copyied material is illegal.

    The same goes for DVD regions, thats way if you phone and ask the manufacturer of your player about Multi Region they can't help you.
     
  10. t-force

    t-force
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    CVG's article here includes a statement from someone from ELSPA, who is clearly of the opinion that ALL modding is illegal in this country. I certainly remember the PS2 ruling, and the sale of PS2 modchips is definitely illegal. As far as I can tell, the only thing that has kept people selling XBOX modchips is that Microsoft haven't bought a case to court. If they do, the fact that the law works on a precedent system in this country means they will surely win, unless someone can make a case that modding an XBOX is different to a PS2, as there's a lot more that people can do with a modded XBOX than a modded PS2.

    Either way, it's worth keeping an eye on the situation.
     
  11. CAS FAN

    CAS FAN
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    The thing is that I still thought that the law of the land was innocent until proven guilty. Surely the owness is on them to prove that you have been using the console for illegal activities (such as playing pirate games). It's like you can own a bong and although it's ownly use is really to smoke illegal drugs, the item itself is not illegal.

    I think that it would be nigh on impossible to prosicute someone for just owning a modded console. The example on the BBC site (which as it states is the first ever conviction) is some guy selling a machine full of pirated games. That is clearly illegal (like selling a bong with an ounce of weed) and the punishment is deserved.
     
  12. johndon

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    Legislation was introduced in the UK last year that now makes it illegal to copy a CD or DVD even for your own use.

    John
     
  13. drskhaled

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    This another example of how the law protects corporate interests at the expense of consumers rights of ownership. When we buy something we should have the right to do as we please with it unless it involves an illegal act (such as piracy). The ps2 mod chips are only really to play pirate games, but the xbox does so much more. A few more cases going to court may help clarify the law so that only modding for the purposes of playing pirate games becomes illegal.
     
  14. CAS FAN

    CAS FAN
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    I must say that I modded my PS2 to play import games as most of the best games released on the PS2 don't come out over here (or come out ages after release).

    I agree, the X-Box does much more when modded, but surely if there's just one legitimate reason to mod a console then how can it be illegal?
     

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