Hacking Legal Questions

[Boogieman]

So I am curious.

I just modded my wii with modmii to allow me to play games I own off of a USB hard drive (I downloaded the games - I own them, so I should be able to no?)

Is any part of that illegal? I am not sure about the details (with unofficial WADs? etc?)

I would really appreciate an educated answer - as I bought my Wii second hand, I don't have the manuals nor the copy of an EULA.

Thanks Kindly

Edit: PS. Would offering to trade my time to set up such a system, where one could play backups of owned games, for other services/computer parts/whatever also be illegal?

 

[Donkey Plonk]

So I am curious.

I just modded my wii with modmii to allow me to play games I own off of a USB hard drive (I downloaded the games - I own them, so I should be able to no?)

Is any part of that illegal? I am not sure about the details (with unofficial WADs? etc?)

I would really appreciate an educated answer - as I bought my Wii second hand, I don't have the manuals nor the copy of an EULA.

Thanks Kindly

Edit: PS. Would offering to trade my time to set up such a system, where one could play backups of owned games, for other services/computer parts/whatever also be illegal?

So you wanna advertise to softmod wiis in craigslist or similar yeah?
Its illegal yeah, but monitored hardly.
Best bet is to go for the repair guise (you actually need to be able to do repairs aswell, not just boot a few things off an sd card). Then you can do the repairs totally legally, and everyone knows without asking that they'll be able to talk to you about backups. Thats the way to go, simply advertising on ebay or craigslist saying you mod consoles may end up landing you in some shit. Nothing big though, in piracy they're after the big boys.

But drop the whole, I just hacked my wii to play my legally owned games bullshit, no-ones buying it! Everyone knows why you would want to hack a wii, I haven't met anyone who has the homebrew channel installed and doesn't have an illegal game.

 

[bazamuffin]

You been blown dude, quicker than a $10 hooker!

 

[Taleweaver]

(I downloaded the games off of Pirate Bay - I own them, so I should be able to no?)
Sorry...but no. Downloading copyrighted material (such as games) is illegal, even if you own the original title*. It's making a backup of your own game that is a bit of a gray area.

(why the hell are you downloading gigabytes of games when you can just rip it from just about any usb loader?)

BoogiemanEdit: PS. Would offering to trade my time to set up such a system, where one could play backups of owned games, for other services/computer parts/whatever also be illegal?

Yes. I don't know the exact contents of the EULA, but IIRC, even purposely installing things like the HBC is considered illegal. It's not like the police is getting out with sirenes blazing, but still: helping others break the EULA is illegal.




*note: this was the case when it was a part of my legal class about 6 years ago, in Belgium. Can't say for sure whether this is an international law, or that it still stands. I doubt it has become less strict, though.

 

[giantpune]

the EULA is not the law in any country

 

[boombox]

(I downloaded the games - I own them, so I should be able to no?)

Sorry...but no. Downloading copyrighted material (such as games) is illegal, even if you own the original title*. It's making a backup of your own game that is a bit of a gray area.

(why the hell are you downloading gigabytes of games when you can just rip it from just about any usb loader?)

Hmmm yeah, why are you using loads of bandwidth to download GB's of games when you can just pop it in your USB loader and rip it through that...did you know you could do that?
Sounds a bit fishy to me if you're doing that...but it's none of my business anyway

do wthatcha want, i doubt you'll get caught tbh, there is a lot worse piracy than that.

 

[Taleweaver]

the EULA is not the law in any country

True. And in practice, I'm pretty sure the police will go by the illegal copies rather than the installation of the HBC (like Donkey Plonk mentions: there won't be much HBC'ers without anything illegal on their drive).

But I'm wondering about the legal situation. It looks to me (and I may be wrong) that when a hypothetical user with the HBC but without anything (really) illegal on his wii is caught, I think judges will take the EULA more as a guideline to decide the legality of the action than the basic "it's my wii so I do whatever the hell I want with it" credo.

 

[SifJar]

But drop the whole, I just hacked my wii to play my legally owned games bullshit, no-ones buying it! Everyone knows why you would want to hack a wii, I haven't met anyone who has the homebrew channel installed and doesn't have an illegal game.

I'm SifJar, nice to meet you.

Now you have.

 

[Lacius]

I just modded my wii with modmii...Legal, but it will void any warranty you might have.

I downloaded the games...Illegal, even if you own a legitimate copy. Contrary to popular belief, creating backups from retail discs is also illegal. However, backing up a game that one owns in order to benefit from the convenience a USB loader provides or avoid scratching the retail disc is definitely a lot more ethical than just downloading games. Still illegal though.

QUOTE(Boogieman @ Feb 21 2011, 04:42 AM)

Would offering to trade my time to set up such a system, where one could play backups of owned games, for other services/computer parts/whatever also be illegal?

As long as you're not providing backups, it is legal.

I should note that I'm referring to United States law. Also, even though some of what is mentioned above is legal, Nintendo reserves the right to void any warranty you might have or ban you from Nintendo WFC for pretty much any reason they see fit. You really only need to worry about getting banned if you cheat online, however.

 

[1234turtles]

hardly no one has been caught with ilegal games or HBC

 

[SifJar]

I downloaded the games...

Illegal, even if you own a legitimate copy. Contrary to popular belief, creating backups from retail discs is also illegal. However, backing up a game that one owns in order to benefit from the convenience a USB loader provides or avoid scratching the retail disc is definitely a lot more ethical than just downloading games. Still illegal though.

In some countries (e.g. UK), I'm pretty sure it is legal to rip your own games. DMCA doesn't allow it, but that is USA law, so if you're outside of USA, it is legal. Still probably illegal to download them. And pretty pointless, considering you're wasting loads of time etc. when you could stick the disc in, press a button and rip it in half an hour.

 

[Boogieman]

Thanks for the replies guys.

I'm not going to quote everyone and respond - too many - just general comments.

1. So far I actually don't have any illegal games on my machine. Not to say I won't - I probably will some day, but I'm not bored with the games I already have yet.

2. I was not aware that USB Loaders could rip my games. The whole process of ripping (with a special LG drive? and scrubbing them?) seems too complicated for me to not download them. I live in Canada where bandwidth is unlimited (not charged for degree of useage, but flat rates for an amount). What would I be doing with bandwidth while I sleep??

3. I would really like some references to the whole "its illegal to copy or download copies of stuff you already own". I know for a fact many games/software (mostly PC in my experience) where it is perfectly legal to create a backup for yourself to preserve the original disc (Windows 7 for example even gives you an ISO depending on where you buy it). This is true for printed material as well - I am allowed to photocopy as long as its for personal use. My understanding is its the DISTRIBUTION of said copied materials that is illegal without the consent from the author/licenser.

 

[Fishaman P]

Dude, remove the torrent site reference.

Also, use CleanRip to get your games. A million times faster, and no internet required.

EDIT: In response to your previous post, it's illegal to download game ROM's even if you have the game, but you are free to rip it.

 

[drewmerc]

In some countries (e.g. UK), I'm pretty sure it is legal to rip your own games. DMCA doesn't allow it, but that is USA law, so if you're outside of USA, it is legal. Still probably illegal to download them. And pretty pointless, considering you're wasting loads of time etc. when you could stick the disc in, press a button and rip it in half an hour.

i beg to differ read number 1 below (i doubt this will cover downloading it tho)
the problem with have is we are not allow to bypass encryption (tho we are allow to reverse engineer it...strange damn laws)

Copyright, Designs and Patents Act 1988
50ABack up copies.
(1)It is not an infringement of copyright for a lawful user of a copy of a computer program to make any back up copy of it which it is necessary for him to have for the purposes of his lawful use.
(2)For the purposes of this section and sections 50B [F3, 50BA] and 50C a person is a lawful user of a computer program if (whether under a licence to do any acts restricted by the copyright in the program or otherwise), he has a right to use the program.
(3)Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void).

http://www.legislation.gov.uk/ukpga/1988/48/section/50A

 

[Boogieman]

Dude, remove the torrent site reference.

Also, use CleanRip to get your games. A million times faster, and no internet required.

EDIT: In response to your previous post, it's illegal to download game ROM's even if you have the game, but you are free to rip it.

What torrent site reference?

I'll look into Clean Rip; Thanks.

Game Rom's are different. They are not copies of the game directly. They are Ports into unintended environments.

 

[Nujui]

Dude, remove the torrent site reference.

Also, use CleanRip to get your games. A million times faster, and no internet required.

EDIT: In response to your previous post, it's illegal to download game ROM's even if you have the game, but you are free to rip it.

What torrent site reference?

I'll look into Clean Rip; Thanks.

Game Rom's are different. They are not copies of the game directly. They are Ports into unintended environments.

I think he means get rid of what site you got your games from.

It's against the rules to even mention them.


Members may also NOT mention torrent or warez-containing sites or channels by name or otherwise.
[/p]

 

[Boogieman]

Dude, remove the torrent site reference.

Also, use CleanRip to get your games. A million times faster, and no internet required.

EDIT: In response to your previous post, it's illegal to download game ROM's even if you have the game, but you are free to rip it.

What torrent site reference?

I'll look into Clean Rip; Thanks.

Game Rom's are different. They are not copies of the game directly. They are Ports into unintended environments.

I think he means get rid of what site you got your games from.

It's against the rules to even mention them.


Members may also NOT mention torrent or warez-containing sites or channels by name or otherwise.
[/p]

I was confused because I thought he was responding directly to the preceding comment I'd made and I combed through it like 10 times and couldn't find it haha.

Understood and removed though (sorry boys and girls, I was super tired)

 

[SifJar]

In some countries (e.g. UK), I'm pretty sure it is legal to rip your own games. DMCA doesn't allow it, but that is USA law, so if you're outside of USA, it is legal. Still probably illegal to download them. And pretty pointless, considering you're wasting loads of time etc. when you could stick the disc in, press a button and rip it in half an hour.

i beg to differ read number 1 below (i doubt this will cover downloading it tho)
the problem with have is we are not allow to bypass encryption (tho we are allow to reverse engineer it...strange damn laws)

Copyright, Designs and Patents Act 1988
50ABack up copies.
(1)It is not an infringement of copyright for a lawful user of a copy of a computer program to make any back up copy of it which it is necessary for him to have for the purposes of his lawful use.
(2)For the purposes of this section and sections 50B [F3, 50BA] and 50C a person is a lawful user of a computer program if (whether under a licence to do any acts restricted by the copyright in the program or otherwise), he has a right to use the program.
(3)Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void).

http://www.legislation.gov.uk/ukpga/1988/48/section/50A

Uh, that isn't differing. what you posted says you can make a backup, which is what I said...

 

[drewmerc]

In some countries (e.g. UK), I'm pretty sure it is legal to rip your own games. DMCA doesn't allow it, but that is USA law, so if you're outside of USA, it is legal. Still probably illegal to download them. And pretty pointless, considering you're wasting loads of time etc. when you could stick the disc in, press a button and rip it in half an hour.

i beg to differ read number 1 below (i doubt this will cover downloading it tho)
the problem with have is we are not allow to bypass encryption (tho we are allow to reverse engineer it...strange damn laws)

Copyright, Designs and Patents Act 1988
50ABack up copies.
(1)It is not an infringement of copyright for a lawful user of a copy of a computer program to make any back up copy of it which it is necessary for him to have for the purposes of his lawful use.
(2)For the purposes of this section and sections 50B [F3, 50BA] and 50C a person is a lawful user of a computer program if (whether under a licence to do any acts restricted by the copyright in the program or otherwise), he has a right to use the program.
(3)Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void).

http://www.legislation.gov.uk/ukpga/1988/48/section/50A

Uh, that isn't differing. what you posted says you can make a backup, which is what I said...

damn just reread what you wrote i'm just so used to people saying it illegal

 

[thesund0g]

This is funny, no one really knows what they're talking about.

Rip your games with your loader to avoid attracting unnecessary attention.

Don't sell games or advertise services.

If you trade anything for modding, trade kraft dinner or blunts. Not money.