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Australian Federal Court Finds Mod Chips Not Illegal

Posted by michael on from the mail-order dept.

Friendless writes "In contrast to the story earlier this week about the Ottawa man who was jailed for selling and installing mod chips, the the Australian ABC reports that the Australian Federal Court has found that installing mod chips is not illegal, because Sony failed to prove that a copyright protection measure was installed in the PlayStation in the first place. Here is the full judgement."

5 of 174 comments (clear)

  1. Correct Link by ngtni · · Score: 5, Informative

    The correct ABC link is here.

  2. Two things by Wind_Walker · · Score: 5, Informative
    Firstly, the link to the ABC story is broken, but I assume that'll be fixed soon.

    Secondly, the story about the Ottowa man who was jailed for "selling modchips" was actually jailed because he had 417 pirated games that he was selling to customers. Christ, people, read more than the headline next time!

    Finally, I don't see how it could possibly be illegal to modchip a Playstation. I bought a piece of hardware (PSX). I bought another piece of hardware (modchip). When I buy them, I buy the rights to modify them in whatever way I want. There is no EULA on hardware. There is no contract that says "I will not modify this piece of hardware." What I do with my toaster/PSX on my own time is my own business. Is this one of those stupid "DMCA illegalities" that we keep running into?

    1. Re:Two things by Lumpy · · Score: 5, Informative

      Many here have stated "You DO have a EUAL on the hardware." Here's something everyone needs to remember... If you DIDN'T Sign it or agree to it at the point of sale IT IS INVALID TRIPE. Yes, kiddies... that is correct, because a corperation types up a letter, has it printed and included in the box means absolutely nothing. which means that other than the fleet of scumbags called lawyers and the buttload of money they are no different than you or I. they can make laws, they cant impose restrictions on you after you bought something from them. and they are liable for every promise they made to you before the sale.

      so please let's all get this straight. They can put Whatever they want on the box, in the box, whever.. unless I have to agree to something before they will sell it to me it's not valid here in the states (ON HARDWARE, for some reason the idiots that run this country and are our judges think that software should be different)

      so as wind_Walker says.. It's not illegal to chip a playstation (It doesnt have any BIOS code in it it only interrupts a data stream and inserts the correct magic number) and I can make my playstation the control system of a nuclear missle if I want to and Sony cant do a damned thing about it other than try and outspend me in a frivioulous lawsuit. (and they can outspend everyone... they cant compete with someone smart enough to make the case really public and smear sony hard in the press.)

      --
      Do not look at laser with remaining good eye.
  3. On the other side of the issue... by MarvinMouse · · Score: 5, Informative

    Australia rules that selling pirated games is illegal.

    The guy in Canada was mostly burned for selling the pirated games, not for installing the mod chips. It just looks better in an article to emphasize the mod chip aspect. We have no laws against modding equipment, even if it breaks copyright. Hell, if you can find a good Canadian server that will let it on, you can have DeCSS online up here. :-)

    --
    ~ kjrose
  4. You are misinterpreting these paragraphs by megalomang · · Score: 5, Informative

    The opinion is not lowering the threshold on what can be considered a "technological protection measure". All these last few paragraphs say is that it is irrelevant whether the mod chips are truly circumvention devices because the access code was not proven to be a protection device that was circumvented.

    The main points of the case are as follows:
    1) The access code does not protect the copyrighted work from being copied, 2) the access code merely causes the copied work to be unplayable, 3) the mod chip makes the copied work playable, and 4) the key here is that the work is already copied, regardless of the presence of the mod chip.

    Even further, the text also supports the notion that even if the access code WERE a technological protection measure, the mod chip may still not have been considered a circumvention device because the protection measure would have also prevented the legal playing of American games and backup copies.

    Sony was in fact two hurdles away from winning this case. I don't think this lowers the hurdle on what can be considered "technological protection measures" Rather, it clarifies (according to Australian law, unless they have an appeal process from this level) that mod chips are legal because they are not circumventing a protection device.

    Clearly Sony must take additional steps to protect their games.