EFF Working to Make Console Modding Legal

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I'm confused, modding your console is illegal? I know you can't use one on Xbox Live, PSN etc. ...but illegal? Is this just poor wording or am I missing something here?

"The DMCA is supposed to block copyright infringement," said EFF Intellectual Property Director Corynne McSherry. "But instead it can be misused to threaten creators, innovators, and consumers, discouraging them from making full and fair use of their own property." McSherry asserted that "artists and tinkerers" who want to modify their devices to run whatever they want deserve legal protection.
 
It's talking about modding the software running on your console in some way. (Like putting Linux back on the PS3 after Sony removed it for example - which Sony sued numerous people over for even taking steps in that direction) That's what's illegal, it's not talking about something like putting a fan with a red LED in your console.
 
Things like Mod chips are also illegal, like the ones that allowed you to play copied games, or games from other countries that were not released here in the U.S.
 
Modding your console is legal here in the states but not authorized on live or any game network.. Results in banning.
No one cares but PSN or live if your console is modded.
 
From what I recall this is all DMCA that makes it illegal since there's provisions in there that anything that makes circumventing anti-copy protection illegal, and since mods can do this, its defacto illegal.

However this is one of those laws that I don't believe in, and will happily violate it if it suits me.
 
Yeah, they need to address the language BAD. I can mod an Xbox to run Windows / Linux etc. etc. and do whatever the fuck I want to with it as long as I am not trying to sell it as a copyright circumvention machine or get on Live with it (which would only result in a ban not an arrest).
 
Just remember if you get called up on jury duty to go after some poor sap who did this - jury nullification. ;)
 
The only person that got in trouble as far as I know is Geohot. Guy who modded his PS3.
 
There is a new method of modification detection running on the new dashboard. It is capable of denying a "backup" from being ran, even when offline, after it is recognized as non-genuine. I see both sides of the argument. They do not have to allow you to be on the Live network with a modded console, but I think they also do not have to allow you to play an unlicensed copy of their software on your modded console whether online or not.
 
The only person that got in trouble as far as I know is Geohot. Guy who modded his PS3.

he's been the only real public figure to take the hit, but others are also in some pretty deep crap from this. Graf_Chokolo is currently being sued by Sony for reverse engineering the PS3 to run linux. The team that geohot picked his work up from were also in legal trouble... but haven't heard any news on either of them in quite some time.
 
Both modding and modchips are illegal in the states (not counting case modifications).

"One of the functions of many modchips—the circumvention of copy protection mechanisms—is outlawed by many countries' copyright laws such as the DMCA in the USA, the EUCD and its various implementations by the EU member countries, and the Australian Copyright Act."

"The infamous DMCA states that you can't circumvent any software protection to get at the copyrighted work it protects. If you're using a software exploit or installing a mod chip, you're disabling that protection to allow yourself to run homebrew code, and you're running afoul of the DMCA. "Thou shall not circumvent," Granick told Ars, counting the two ways to break the law. "And thou shall not provide tools to others."

The problem being that, outside of aesthetic modifications, anything else you do will require you to modify the firmware or other software, which in modern systems prevents the copying of copyrighted material. If you install a mod chip, or flash the firmware, you are circumventing protection measures and therefore breaking the DMCA.

http://arstechnica.com/gaming/news/...inder-that-most-console-hacks-are-illegal.ars
 
I only know Geohot. Lol, PC to consoles is like Android to iOS, except that Win7 is pretty much secure already.
 
Just to be clear, as others have stated, the DMCA makes it illegal to circumvent copyright encryption. Since every major console uses copyright encryption to prevent you from running unauthorized software, if you run software that isn't blessed, you're breaking the law. Basically no matter how you do it. This means they can sue you and send you to jail if they choose. It would be a PR nightmare so for the most part they haven't gone after the user base legally, and instead choose to just ban them.
 
Modding your console is legal here in the states but not authorized on live or any game network.. Results in banning.
No one cares but PSN or live if your console is modded.

Depends on what kind of mod, pretty much all xbox 1 mods were illegal since the mod chips used a modified xbox bios which was copyrighted by microsoft.
 
Depends on what kind of mod, pretty much all xbox 1 mods were illegal since the mod chips used a modified xbox bios which was copyrighted by microsoft.

actually even todays dvd drive firmware "mods" allow you to run unsigned code (copied discs) on the machine which is a violation. There are terms tied to the console and to the software (game discs). Those terms don't suddenly become null if you are only using it offline.
 
I guess a lot of people don't realize that you can play burned games on XBL with an xbox flashed w/ ixtreme firmware. I don't know about the current state but you used to be able to play PS3 backups online for a while as well.
 
I guess a lot of people don't realize that you can play burned games on XBL with an xbox flashed w/ ixtreme firmware. I don't know about the current state but you used to be able to play PS3 backups online for a while as well.

you should go read up on the latest happenings, nothing is safe on live right now and they are even causing the machine to not run the copied discs even when offline now.....the machine remembers what discs are not legit, regardless of online or Live status and will even flag your account the next time you DO go online, even if you have a legit disc in it, it remembers the fact you tried to run copied discs while offline......at least that's what i have gotten from it. nobody has been banned yet but you know how this works, they collect data and then one day a couple months later....banhammer
 
From what I recall this is all DMCA that makes it illegal since there's provisions in there that anything that makes circumventing anti-copy protection illegal, and since mods can do this, its defacto illegal.

However this is one of those laws that I don't believe in, and will happily violate it if it suits me.

The safe harbor provision is the only good thing about the DMCA.
 
you should go read up on the latest happenings, nothing is safe on live right now and they are even causing the machine to not run the copied discs even when offline now.....the machine remembers what discs are not legit, regardless of online or Live status and will even flag your account the next time you DO go online, even if you have a legit disc in it, it remembers the fact you tried to run copied discs while offline......at least that's what i have gotten from it. nobody has been banned yet but you know how this works, they collect data and then one day a couple months later....banhammer

That all can be solved by putting totally different firmware on the 360 itself. Currently, hackers only go after the DVD firmware, as it's the safest place to hack, legally. Even then, Microsoft has enough grounds to put them in jail.

DMCA also plays a hand in emulators as well. The reason we don't have an XBOX 1 emulator yet is because nobody wants to reverse engineer the protection, which is encrypted. This extends to PS3 and Xbox 360 as well.

A lot of hackers aren't stupid. They don't wanna go to jail for doing a favor to the community. If you can replace the firmware, you can change everything. Though honestly how different is this from PC? One is legal, the other isen't.
 
actually even todays dvd drive firmware "mods" allow you to run unsigned code (copied discs) on the machine which is a violation. There are terms tied to the console and to the software (game discs). Those terms don't suddenly become null if you are only using it offline.

This is sketchy though, there are judges and politicians that don't consider a eula (if that's what you mean by terms) as a legally binding agreement.

I don't think they are either since most put in some dumb eula that basically says here are the terms if you don't agree return the product. How many places accept refunds on software? Pretty much nobody so you are left with something you have to agree too or lose your money. I don't see how it can be legal to force a contract on someone that was presented after purchase. As far as I see if they present the eula at checkout then yes it would be binding. But if its not at checkout then I bought the software/console that had no contract and I will use it how I like.
 
Every multi-platform publisher thinks PC is nothing but piracy but ignores how even the shittiest 360 shovelware games leak from the factory weeks before launch and gets pirated with ease.

So no chance in hell to make console modding legal.

I'd rather they'd use my donated money and yours to fight for an actual cause that helps people like you and I.
 
Yeah, they need to address the language BAD. I can mod an Xbox to run Windows / Linux etc. etc. and do whatever the fuck I want to with it as long as I am not trying to sell it as a copyright circumvention machine or get on Live with it (which would only result in a ban not an arrest).

That's how I think it should have always been. Unfortunately none of these console companies would ever let that happen.
 
I think many have mentioned has change has been the fundamental transition of game consoles being considered hardware to being considered software. Nintendo didn't have a terms of service, nor did putting super mario bros in the console require signing a terms of service.

Were not buying anything anymore, were mearly renting the right to use it.
 
I think many have mentioned has change has been the fundamental transition of game consoles being considered hardware to being considered software. Nintendo didn't have a terms of service, nor did putting super mario bros in the console require signing a terms of service.

Were not buying anything anymore, were mearly renting the right to use it.

A lot of software companies like to compare software to something physical. Software companies want to treat software like something physical so piracy can be considered stealing, but don't want it to be considered something you can sell as second hand, to maximize profit. On the other hand consumers want it to be treated as something that's copied but wanna be able to sell it as second hand. You can see how this gets out of hand.

Back in 1996 I found a wonderful website called Zophar's Domain. A wonderful website that opened up a world of emulators. Never before could I ever believe that console games be played on a PC, because I always thought of them as hardware. Then again I was just a kid, so what did I know. It was great to see games that I couldn't play anymore, mainly cause the console was put away for good. Plus you get to see the game with new graphics. Most emulators enhance the graphics of console games.

Then came the legal battles. Anyone remember Bleem!? This emulator allowed you to play Playstation games directly onto your PC back in 1999. Just put a game disc into your PC and play those games with 10X better graphics. The emulator was perfectly legal, but Sony found a way to destroy them either way. They just bought them up.

Too much legal crap sits on video game consoles today. The community could do some wonderful things if companies weren't so busy trying to squeeze a buck out of everything. DMCA or no DMCA they'll find ways to stop anyone from touching their holy money making console grail.
 
I"ve said it before and I'll say it again. The DMCA is one of the worst laws ever passed in human history. It's draconian on every level and should be repealed immediately.
 
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