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Copyright & The Forum *Ehttps://www.aussiearcade.com/topic/13431-copyright-amp-the-forum-everyone-please-read/?do=getNewCommentVERYONE PLEASE READ*


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I was under the impression that none of the game console mod chips were considered illegal as of a couple of years ago. We have access to Xbox, PS2 and Wii mod chips from one of our suppliers.

 

does that mean you can supply david :unsure

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Mod chips are still a grey area. Do not assume the court case "Stevens v. Sony" gives anyone the right to own or use a modchip. If it ever goes back to court in Australia, I think you will see a very different outcome. The main reason that Sony lost the case was due to an argument about access to the boot code and the ROM's used.

 

Although I sell and install modchips, I pay very close attention to any moves which are being taken not only in Australia, but also in other parts of the world with regards to modchips. Also if a client asks, I advise them about the fact that it could be illegal, and that of course using a copied disk, even if you own the original disk, is a breach of the copyright act.

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Mod chips are still a grey area. Do not assume the court case "Stevens v. Sony" gives anyone the right to own or use a modchip. If it ever goes back to court in Australia, I think you will see a very different outcome. The main reason that Sony lost the case was due to an argument about access to the boot code and the ROM's used.

 

Although I sell and install modchips, I pay very close attention to any moves which are being taken not only in Australia, but also in other parts of the world with regards to modchips. Also if a client asks, I advise them about the fact that it could be illegal, and that of course using a copied disk, even if you own the original disk, is a breach of the copyright act.

 

I was positive that i read, 1 reason they lost is because the court seen the region coding as an invisible trade barrier. Which was against a US/Aus free trade agreement the was recently introduced.

 

meaning the mod chips allowed me to legally purchase US copies and play them on my Aus system.

 

That was my understanding.

 

yeah, mod chips are prefectly legal as far as i know, but generally when mod chip talk comes up piracy talk slips in there too. its hard to have one without the other.

 

Piracy talk is not illegal, its only illegal if you go and do as you say ;)

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  • 3 weeks later...

I can't see a mod chip being illegal. It would be like Holden coming up and saying you can't change the rims on your car.

 

Piracy has the same public consensus as speeding. Most people do it, but bitch when they get done. Still illegal, but most people do it.

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  • 12 years later...
A late post on this old thread but I remember Sony or some other mob losing their case in court on modding their consoles because once purchased the equipment/hardware belongs solely to the owner/purchaser fully 100% & not the manufacturer. So you can legally buy Sony gear and smash it up on their door step, the most they can do about it is have you charged for littering if you left a mess there. You own it so you can do what you like with it. Software piracy is a different story though.
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A late post on this old thread but I remember Sony or some other mob losing their case in court on modding their consoles because once purchased the equipment/hardware belongs solely to the owner/purchaser fully 100% & not the manufacturer. So you can legally buy Sony gear and smash it up on their door step, the most they can do about it is have you charged for littering if you left a mess there. You own it so you can do what you like with it. Software piracy is a different story though.

 

The caveat was the primary function of the mod - back when this was a thing it won because the ACCC was successful in arguing it removed region protection and addressed price fixing. The same thing allowed multi-region modding on DVD players too and there was grumbling because some region mods removed macrovision. The fix there was that manufactures factory modded DVD players to Region 0, charging a premium for it at first, so macrovision was kept in place and people could import to their heart’s content. However, is the court judges the primary reason for applying a modification is for piracy then it becomes illegal.

 

Unsure how the same arguments would fly now - the Copyright Act has had some major revisions since then, but the goalposts have moved as well - PS3 onwards is region free, same with Switch and everything from Xbox One onwards is as well. DVD region free has disappeared due to lack if market interest, BRD was fiercely enforced (but no challenges to region free mods afaik) but UHD is also region free (just like HD DVD).

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