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What does the law state for modding?
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AfterDawn Addict
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16. August 2009 @ 11:49 |
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As a 1 man personal modder, I don't think there should really be that much to fear. Yes, moddifying consoles to circumvent copyright protection is illegal and selling backup games is illegal too. Yet the website http://www.360gamesbackup.com has been up for a long time and nothing has came of it. They sell backups and flashing service. I believe they charge 8.50$ per backup and 50$ for flashing, yet they are still going strong broadcasting themselves all over the internet. I even seen the "360GamesBackup" user name on TPB.
This message has been edited since posting. Last time this message was edited on 16. August 2009 @ 11:49
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gameover9
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16. August 2009 @ 12:10 |
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This message has been edited since posting. Last time this message was edited on 16. August 2009 @ 12:12
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AfterDawn Addict
2 product reviews
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16. August 2009 @ 12:18 |
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Yes, they are in the US.
They also throw in this disclaimer:
Quote:
Important Disclaimer: To purchase these back-up games you must own the original game. These games are for back-up purposes only. When Purchasing any of the games we have available for you, we therefore assume you have the original in your possession. Our function is strictly to backup your original software, which you currently own, to protect it from damage - accidental or otherwise. We provide these back-ups as a service. We will not be held accountable for the buyer's use. If you sell your original software, you will destroy the backup of that title. If you imply piracy, then we cannot legally provide a back-up service for you, and we hold no liability for anything you, the buyer, will do with the backup. You understand that from purchasing these backups from us, that you are implying you have the original copy of that title, and we will supply it to you on that understanding only. If you imply to us that you do not own the original copy of the game, then we cannot supply you with the disc, as you have no legal rights to own it. You must also be aware that in order to use your legal backup copy of your retail game, your console must contain a working and properly installed modification chip, or be professionally and correctly Flashed with the proper Firmware. We DO provide support and information on modifying your console, although you must be aware that by modifying your console, you will void your warranty.
Which I really don't think would help them if they ever got in trouble.
This message has been edited since posting. Last time this message was edited on 16. August 2009 @ 12:19
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AfterDawn Addict
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16. August 2009 @ 12:37 |
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edit
This message has been edited since posting. Last time this message was edited on 17. August 2009 @ 13:38
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fatphat
Newbie
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16. August 2009 @ 18:16 |
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if it's legal to make backups of the games you own, how are you going to play them without having an "illegal" modded xbox?
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AfterDawn Addict
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16. August 2009 @ 18:20 |
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That's just how it is, dude.
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AfterDawn Addict
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16. August 2009 @ 19:20 |
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Originally posted by andmill11:
Originally posted by eebeejay:
Originally posted by homesick:
modding you box it boderline legal. the reason that guy got bustend was he "modded boxes" for a profit. if he did it for free there wouldn't have been a problem. that is the simple version.
The way it was explained to me recently was:
softmodding (flashing) is 100% illegal, as you're altering copyrighted software on the machine to force it to act in a way unintended.
hardmodding (modchips) is borderline legal, because you don't alter any copyrighted material on the the machine. The modchip contains everything needed to circumvent protection, and is simply considered an add-on.
I'm no expert on this by any means, it just sounded pretty logical to me.
You bought the modchip and are using it to circumvent the copyrighted material.
Which is the reason I stated "borderline" legal.
Flashing involves changing software. Totally illegal.
Hardmodding is going around the software, not changing what M$, Sony, Nintendo put on the console.
Hardmodding is technically legal, but what you USE the modchip for is the illegal part (mainly playing "illegal" software).
(no expert, just the way it was explained to me)
This message has been edited since posting. Last time this message was edited on 16. August 2009 @ 19:22
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AfterDawn Addict
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16. August 2009 @ 19:55 |
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Originally posted by eebeejay:
Hardmodding is technically legal, but what you USE the modchip for is the illegal part (mainly playing "illegal" software).
Another good one. It isn't illegal if your not using it for illegal purposes. If it circumvents the copy protection (even if you do not use it for that purpose) your still breaking the law.
I am not telling anyone not to do it. But those that come to this thread wanting the truth deserves the truth. No grey area or it is borderline illegal. IF THE SOFTWARE OR HARDWARE CIRCUMVENTS COPY PROTECTION IT IS ILLEGAL!
This message has been edited since posting. Last time this message was edited on 16. August 2009 @ 19:58
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gameover9
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16. August 2009 @ 19:57 |
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I love Larry.
This message has been edited since posting. Last time this message was edited on 17. August 2009 @ 12:11
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AfterDawn Addict
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16. August 2009 @ 20:04 |
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This message has been edited since posting. Last time this message was edited on 17. August 2009 @ 13:02
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Senior Member
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16. August 2009 @ 21:17 |
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The plot thickens
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ddp
Moderator
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17. August 2009 @ 00:08 |
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gameover9, watch the accusations or it will be game over for you on this site!!
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AfterDawn Addict
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17. August 2009 @ 00:16 |
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zing!
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ddp
Moderator
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17. August 2009 @ 00:22 |
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zang!! rumble rumble rumble
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chris4160
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17. August 2009 @ 04:44 |
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Originally posted by eebeejay:
Originally posted by andmill11:
Originally posted by eebeejay:
Originally posted by homesick:
modding you box it boderline legal. the reason that guy got bustend was he "modded boxes" for a profit. if he did it for free there wouldn't have been a problem. that is the simple version.
The way it was explained to me recently was:
softmodding (flashing) is 100% illegal, as you're altering copyrighted software on the machine to force it to act in a way unintended.
hardmodding (modchips) is borderline legal, because you don't alter any copyrighted material on the the machine. The modchip contains everything needed to circumvent protection, and is simply considered an add-on.
I'm no expert on this by any means, it just sounded pretty logical to me.
You bought the modchip and are using it to circumvent the copyrighted material.
Which is the reason I stated "borderline" legal.
Flashing involves changing software. Totally illegal.
Hardmodding is going around the software, not changing what M$, Sony, Nintendo put on the console.
Hardmodding is technically legal, but what you USE the modchip for is the illegal part (mainly playing "illegal" software).
(no expert, just the way it was explained to me)
Well, in some countries the ps1 modchips are illegal, so it really depends on where you live.
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AfterDawn Addict
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17. August 2009 @ 05:04 |
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Here's a question. How the hell can Divineo, Modchip.ca, etc sell illegal hardware? I remember Lik-Sang getting shut down 3-4 years ago, yet other stores offer the same services, yet stay in business.
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gameover9
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17. August 2009 @ 07:59 |
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Larry,
I apparently confused you with another member. My fault and I am sorry. Hope we're cool.
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AfterDawn Addict
3 product reviews
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17. August 2009 @ 08:01 |
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Originally posted by eebeejay:
Here's a question. How the hell can Divineo, Modchip.ca, etc sell illegal hardware? I remember Lik-Sang getting shut down 3-4 years ago, yet other stores offer the same services, yet stay in business.
Im guessing its the same reasons some torrent sites get closed whilst other live on. Guess it depends on how big you are and how well known.
To get instant assistance with Flashing / JTAG / Homebrew from experts for free! click me (Im not one of the said experts BTW)
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AfterDawn Addict
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17. August 2009 @ 11:55 |
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Originally posted by gameover9:
Larry,
I apparently confused you with another member. My fault and I am sorry. Hope we're cool.
We will be cool when you edit your post. I don't want no heat coming down on me when I am not doing the things you have said I did. Granted chances of it effecting me are close to 0% but why even take that chance.
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gameover9
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17. August 2009 @ 12:12 |
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Originally posted by larrylje:
Originally posted by gameover9:
Larry,
I apparently confused you with another member. My fault and I am sorry. Hope we're cool.
We will be cool when you edit your post. I don't want no heat coming down on me when I am not doing the things you have said I did. Granted chances of it effecting me are close to 0% but why even take that chance.
How's that? Edit yours too if you would.
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ddp
Moderator
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17. August 2009 @ 13:33 |
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now i can take my lightning suit off as it is hot & humid here.
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gameover9
Suspended permanently
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17. August 2009 @ 15:03 |
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Originally posted by ddp:
now i can take my lightning suit off as it is hot & humid here.
Yeah, we know how you like to ban people when you have that thing on. My butt still hurts from last week!!
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ddp
Moderator
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17. August 2009 @ 15:13 |
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if you don't play nice then i have to play rough.
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AfterDawn Addict
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17. August 2009 @ 16:36 |
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Originally posted by eebeejay:
I remember Lik-Sang getting shut down 3-4 years ago, yet other stores offer the same services, yet stay in business.
Lik-Sang was shut down because of Sony. Supposedly Lik-Sang was selling the PSP to other countries so Sony was peed off and shut them down.
http://www.lik-sang.com/
I actually enjoyed the site. RIP
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