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Is modding legal in canada
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tecbrat
Junior Member
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3. December 2008 @ 12:37 |
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With all the great help i have got through here, I figured I would see if anyone has the legit answer to this. I have been searching the site and dont see much mentioned about canada. I do remember reading that in austrailia it is perfectly fine to mod your console, and I beleive in the US it is too. As long as you are not pirating games. So im just curious as to what the "official" ruling is in canada if there is even one that has happened yet. Just on the modding alone, not the playing of games.
Thanks again everyone, truely a great site
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AfterDawn Addict
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3. December 2008 @ 14:34 |
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It is against the law to use modchips in the USA. Any software or hardware that circumvents the copy protection is illegal.
As for Canada I don't know for sure. I think they have something similar to the USA law or it is making its way to become law.
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AfterDawn Addict
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5. December 2008 @ 02:17 |
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You can mod your console if you want here in Canada, at least for the time being and purchase modchips.
I purchased a modded console with no problems.
My consoles: Nintendo64>Dreamcast aug/99>PS2 V7-Seagate 400gb hdd-Maxtor 300gb hdd,PS2 V14 FMCB 1.8 - Memor32 >V18 SM 3.6 >DS-Lite-G6DS Real 16GB-R4DS Ultra 8gb SDHC>Gamecube-Original>Wii-Wiikey 2>PSP PHAT CFW 5.00 M33-6>DSi (Kingdom Hearts Edition)-EZ Flash Vi - M3i Zero Sakura>Kindom Hearts:Birth by Sleep PSP 3000>PS3 80GB. WiiU PS4 XBOXONE 3DSNDS |
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elk1007
Member
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5. December 2008 @ 03:32 |
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Originally posted by larrylje:
It is against the law to use modchips in the USA. Any software or hardware that circumvents the copy protection is illegal.
As for Canada I don't know for sure. I think they have something similar to the USA law or it is making its way to become law.
Can you provide a source for this?
As far as I know, you can mod whatever you want in the USA so long as it doesn't pose a hazard (bombs, chemicals, etc), doesn't go against any contractual agreement for the product (no signature required to buy a wii), and doesn't interfere with FCC wireless transmission laws.
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AfterDawn Addict
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5. December 2008 @ 09:50 |
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Just providing a reference from an article discussing the 2007 busts in the US:
"The US Digital Millennium Copyright Act specifically addresses devices such as mod chips which are used to circumvent copyright protection. Canada?s Copyright Act doesn?t currently prohibit anti-circumvention devices, but it will if proposed amendments to the legislation are passed. "
From here:
http://www.computerworld.com/action/arti...urce=rss_news50
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tecbrat
Junior Member
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5. December 2008 @ 10:05 |
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good article but still nothing that says that the charges stuck. Did any of these go to court?
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AfterDawn Addict
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5. December 2008 @ 11:00 |
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Originally posted by elk1007:
Originally posted by larrylje:
It is against the law to use modchips in the USA. Any software or hardware that circumvents the copy protection is illegal.
As for Canada I don't know for sure. I think they have something similar to the USA law or it is making its way to become law.
Can you provide a source for this?
As far as I know, you can mod whatever you want in the USA so long as it doesn't pose a hazard (bombs, chemicals, etc), doesn't go against any contractual agreement for the product (no signature required to buy a wii), and doesn't interfere with FCC wireless transmission laws.
Google DMCA.
Under this law it is against the law in the USA to use Hardware/Software to circumvent copy protection.
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tecbrat
Junior Member
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5. December 2008 @ 11:20 |
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Originally posted by larrylje:
Originally posted by elk1007:
Originally posted by larrylje:
It is against the law to use modchips in the USA. Any software or hardware that circumvents the copy protection is illegal.
As for Canada I don't know for sure. I think they have something similar to the USA law or it is making its way to become law.
Can you provide a source for this?
As far as I know, you can mod whatever you want in the USA so long as it doesn't pose a hazard (bombs, chemicals, etc), doesn't go against any contractual agreement for the product (no signature required to buy a wii), and doesn't interfere with FCC wireless transmission laws.
Google DMCA.
Under this law it is against the law in the USA to use Hardware/Software to circumvent copy protection.
Correct, but install a mod is not violating copy write protection untill you put a pirated disk in no? Thats why I was wondering if there was any succusfull or unsuccusfull cases heard.
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ads
Junior Member
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6. December 2008 @ 03:46 |
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Originally posted by larrylje:
It is against the law to use modchips in the USA. Any software or hardware that circumvents the copy protection is illegal.
As for Canada I don't know for sure. I think they have something similar to the USA law or it is making its way to become law.
Worng... if that were true dvd rom in your computer is illegal... because you can copy movies...
Its not illegal to mod your consle you could always arugue that it was to run custum programs on your wii because some people mod it to run operating systems on it.. Its not illegal in canada to copy your games. It's illegal to sell copys, give away copys, lend out copys ect.. Under the current law its legal to copy a disk for backup purposes but its illegal if you dont own the copy and if you lose the orginal you have to destroy the backup and your only alloud to make 1 backup of software
so basicly..
Lose the orginal have to destroy the one backup you have
thats it...
for mod chips its not illegal unless all the mod chip can do is copy games but it can run custum stuff so its not illegal..
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AfterDawn Addict
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6. December 2008 @ 12:25 |
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A DVD-ROM Burner can not circumvent the copy protection from a DVD. You need software to do that.
It is illegal to use programs like AnyDVD/CloneDVD etc. etc. to copy DVD's because it circumvents the copy protection. That is why when you order pay for licensing for those types of programs there is a disclaimer that warns you to know the copy protection laws in your country before ordering. Because in some countries (USA) it is against the law to buy or sell Hardware/Software that circumvents copy protection.
I guess you could install a Modchip in your Wii if the firmware that circumvented the copy protection was not installed on it? But what purpose would that have?
You might interpret the DMCA your way but that doesn't mean you have interpreted it correctly. It is how law Enforcement and the courts interpret the law. So with the actions Law Enforcement has done in the past (raids a year or so ago) you should assume that they interpret Modchips/Modded systems to be against the law.
That is why more then 99% of the on-line shops and stores that sold Modchips in the USA no longer sell them.
As for Canadian law on this have a look HERE.
This message has been edited since posting. Last time this message was edited on 6. December 2008 @ 12:47
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AfterDawn Addict
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6. December 2008 @ 13:56 |
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@ads
"you could always arugue "
Unless you are an attorney I don't think anyone is interested (at least me) in what you want to argue.
If you want to rationalize it in your mind that way then that's OK.
There's lots of people in prison that tried to act as their own lawyers too.
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