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Mod Chips Legal In the UK

An anonymous reader writes "Good news out of the UK! Techdirt reports that an appeals court has overturned a lower court ruling and has now said that mod chips do not violate copyright laws. The case involved a mod chip seller, who imported mod chips for the XBox from Hong Kong and would sell the chips or mod the Xbox's himself. He was charged with copyright infringement and found guilty by a lower court. The appeals court has dismissed all charges, however."

14 of 169 comments (clear)

  1. This is ridiculous... by superash · · Score: 5, Insightful

    After I buy something, it is _mine_ ! Case closed. I can do whatever I want to do with it. If I had stolen it then I am guilty. I don't see a case otherwise.

    1. Re:This is ridiculous... by jamesh · · Score: 4, Insightful

      Unless it's licensed, not sold :)

      Fortunately the 'first sale' principal has held up in most places where it has been tested, so your argument seems to hold true.

      But to stretch your argument until it breaks, if you buy a gun then it's yours, but you still aren't allowed to modify it in such a way that it is illegal (eg upgrade it to semi automatic, saw of the barrel(s) to make it easier to conceal). Likewise if a law is introduced that says you cannot modify your games console to allow it to play illegal games then your argument is incorrect, and I think that is what was being tested here (although I think they were trying to make an existing law apply rather than testing a law brought in to address that problem specifically).

  2. Re:I seriously doubt by Silver+Sloth · · Score: 5, Insightful

    At the risk of being accused of trolling Microsoft have the right to decide whatever rules they like about access to Xbox live.

    --
    init 11 - for when you need that edge.
  3. Wider relevance by damburger · · Score: 3, Insightful

    Does this establish that the whole idea of it being a crime to provide a service that allows others to circumvent copyright is going to fall apart?

    i.e. will they still be shutting down sites like tv-links.co.uk which was only linking to copyright infringing material, not providing it?

    --
    If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
  4. Re:Of course they don't violate ... copyright ... by SkunkPussy · · Score: 4, Insightful

    "Where the law is too complex for the average person to understand, then there is something wrong with it."
    great point. I have been saying for some time, that as there are so many laws that its impossible for any individual to be aware of all legislation that pertains to them, how can it be possible for a well-meaning individual to obey said laws? Therefore how can this legislation be valid?

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    SURELY NOT!!!!!
  5. Re:Of course they don't violate ... copyright ... by Opportunist · · Score: 5, Insightful

    It's playback prevention.

    Nobody protects my playback. Actually, the opposite takes place.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  6. Re:Of course they don't violate ... copyright ... by EveLibertine · · Score: 3, Insightful

    Ignorantia legis non excusat

  7. Re:Expect anti-modchip legislation in 3, 2, 1... by Kjella · · Score: 4, Insightful

    In general, I think they're far too trigger-happy on creating new laws because it happens to be an old crime using new technology. Like the law a little while back on "cyberbulling", isn't harassment already a crime? Fraud? Theft? Blackmail? If i blocked the door to your brick-and-mortar store, they'd certainly find a way to prosecute my "denial-of-service" attack. Yes, there are probably a few crimes that really are new, but most aren't. Sometimes they don't make sense like we go from big industrial pirate industry to smalltime individual pirates, then the penalites should go up, up and away. Cyber-something is most an excuse to push new laws going in the direction they want.

    --
    Live today, because you never know what tomorrow brings
  8. Re:Of course they don't violate ... copyright ... by maxume · · Score: 3, Insightful

    So kick her out.

    That is, after all, what most people choose to do.

    --
    Nerd rage is the funniest rage.
  9. Clearing misunderstood words by tepples · · Score: 3, Insightful

    Nor to I need to know things like building codes unless I intend to build a building. If you own a home, you rebuild it continuously as you live in it.

    I can understand people completely mind blanking when they hit a sentence like that though. Mind blanking is one of the symptoms of a misunderstood word, illustrated in an episode of Muppet Babies that explored misunderstanding of "tuffet". If you're new to legalese, make sure to keep a good dictionary at your side so that you can clear these words. I still don't know why legal information web sites don't generally give readers more tools to clear words, such as a built-in dictionary. Is it because a complete Free dictionary doesn't exist yet?
    1. Re:Clearing misunderstood words by tepples · · Score: 3, Insightful
      AC wrote:

      Are you seriously advocating a Scientology-based approach to legal study? ...on Slashdot? Every religion has good ideas and bad ideas. A stress on vocabulary building just happens to be one of Scientology's good ideas.
  10. Re:Of course they don't violate ... copyright ... by Anonymous Coward · · Score: 4, Insightful

    I understand why copyright infringement is illegal. What I don't understand is why facilitating copyright infringement is illegal. Well, I assume it's the obvious:

    (1) We want to prevent copyright infringement (see why copyright infringement is illegal).
    (2) Banning possession of mod chips will help achieve (1) as pirated games cannot be played.
    (3) Banning sale of mod chips is easier than (2) as it is easier to prosecute ten distributors than a thousand consumers.
    (4) Politicians decide, rightly or wrongly, "allowing import games and backup copies" is wanted only by a small fraction of people.
    (5) Politicians judge that our collective desire from (1) to prevent copyright infringement, scaled by the effectiveness of (2) and (3), is greater than our desire from (4) for the non-piracy benefits of mod chips.

    There are other examples of laws like this; driving fast doesn't harm people, vehicle/vehicle and vehicle/pedestrian collisions harm people. But we regulate vehicle speed to achieve the goal of regulating vehicle/vehicle and vehicle/pedestrian collisions because vehicle speed is easier to regulate.
  11. Old saying still applies by Hells · · Score: 5, Insightful

    Mod chips dont pirate games, people do.

  12. Don't abuse labels by ccguy · · Score: 3, Insightful

    Who's the idiot that labels everything 'suddenoutbreakofcommonsense'?

    Maybe it was funny a year ago (to him at least), but come on...stop abusing labels, they aren't that useful to begin with, don't make it even worse!