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Australia-U.S. Trade Agreement Takes First Strike
inflex writes "With the recent AU-US Federal trade ageement coming into force, the first signs of what is to come have started appearing with Sony unleashing a legal bid to clamp down on previously legal mods chips in Australia."
Whom do you want to slashdot today?
A modchip is not acting as a replacement part. It does not 'unlock' or permit operation of the console. The purpose of a modchip is to bypass the signing mechanism used to prevent you from playing pirated games.
Okay, time for a list of modchip uses:
- Playing unofficial/unlicensed software (ex: Game Enhancer, which was almost definately first developed with the help of a modchip, since absolutely ZERO Sony code or patents were used to complete the software)
- Using unofficial devices (ex: New max memory devices made by Datel)
- Cheating devices (ex: Game genie by Galoob)
- Playing backups
- Bypassing region protection
These are all locks placed on the device by the manufacturer in an attempt to stop the usage of third party items, such as:
1 - Third party discs not authorized by the console manufacturer
2 - Third party software not authorized by the console manufacturer
3 - Third party hardware not authorized by the console manufacturer
4 - Authorized software from the manufacturer that was not intended to be used in your country
As far as I know, in all three situations, doing those things is legal. It is legal for me to put Maxell media in an HP burner (item 1), it's legal for me to install Windows XP to a Mac (item 2), it's legal for me to use a non sony DV tape in my Sony DV camcorder (item 3), and it's legal for me to watch a PAL videotape in the USA (item 4).
Now, for some reason, the person who built the device decided for me they didn't like items 1 - 4. So they built the device not to allow this. Now this law says such locks are illegal. And since the actions were legal to start with, where's your beef?
That someone might do items 1 - 4 with an illegal intent? Yeah, they could. In fact, you could install a pirated Windows XP on a Mac using an emulator. Does that make the emulator illegal? You could copy a copyrighted gameboy game into a blank flash memory cartridge and play it on your gameboy. Does that make computer memory illegal?
This is no different than banning box cutters on airlines because you think a terrorist is going to slash your throat with one. You're using an (extremely poor) band-aid to cover up what is a societal problem that already has PLENTY of legal recourse against the act, and you are inconveniencing and embarassing people as you do it. It's nasty and wrong, and, quite honestly, it makes me, as an outsider, afraid to enter your country. It's no different than trying to ban chewing gum just because someone might stick it under a desk.
Why are USA beer and making love in a canoe similar?