Hacking Massive Modchip Bust

[Lukeage]

Modding systems is legal here in Australia so I am okay.


I'm pretty sure they're not, and there was a conviction that means there is precedent and thus it's easier to convict in the future...

There was a conviction, but it was appealed and overturned by the high court:

October 6, 2005 - Australia's High Court, in a unanimous decision today, found modchips to be legal. Link

Also:

On December 5 2006, the Australian Federal Government amended Australia's Copyright Act to classify mod-chips as Access Control Technological Protection Measure (ACTPM) circumvention devices. However any console that employs a region code (or similar geographical market segmentation device) is not protected under the new laws. Law firms such as Minter Ellisonhave confirmed that if a games console contains a region code then mod-chips for that console are entirely legal so long as they are able to bypass that region code. All current games consoles (excluding the Nintendo DS and PS3) employ a region code on their games. In terms of multimedia content, all consoles that are capable of playback of optical discs employ region locking for commercially bought/produced movies: DVD (PS3, Xbox 360), UMD (PSP) or Blu-Ray (PS3) videos. Link

Pretty much, as long as console have regions on them, they are considered to be restricting trade, therefore the consumer has the right to remove this restriction. Either, they remove the regioning (which would make me much happier) or they put up with the fact that modding in Australia is legal.

 

[enarky]

wot a waste of time and resources!!
their are much more important things the old bill could be doing with their time like catching nonces and rapists but no they go after modchip sellers
the uk is one fucked up country that has been goin to shit for the past 10 yrs

That's due to stupidly overrated copyright laws. There was a very interesting article at Ars Technica (and of course a Slashdot discussion) recently about this topic.

 

[Wils]

Man. I can't believe it. Who would put up blue blinds in a little shack like that? It looks hideous!

I moved to Teesside a couple of years ago from the Midlands and one of the first things I noticed was some sort of fetish for blinds (especially vertical ones) instead of net curtains, making people's houses look more like offices.

Never knew there was somewhere selling chips and carts right on my doorstep, although after this bust, I really don't fancy them having my address on record.

 

[Goldcoastr]

sum forms of modchipping in australia yes are legal 100%

but dyeah sum are not it does all depend on the chips means of use

if to bypass a region code there 100% ok to use

but these UK members not only did legal chipping they did ilegal

also most worse sold copyed versions of games for these systems

they deserve everything they going get

 

[moshii]

There was a conviction, but it was appealed and overturned by the high court:

October 6, 2005 - Australia's High Court, in a unanimous decision today, found modchips to be legal.

Indeed, I just checked before I read your post.... however, this doesn't make mods that contain infringing code legal, like the xbox chips usually contain parts of the original BIOS, the xbox 360 drive firmwares are modified copies of the original...

There's no Black and White under common law however, there is a case in the UK that may have set a precedent against modding but I'm pretty sure if you got busted for chips you could overturn it. As long as your hands are clean, obviously it's pretty hard to claim that the chips were purely for de-regioning or homebrew when you have a shitload of warez hanging around in your chipping shed.

 

[Chronics]

ROFL!?!!? DID ANYONE CATCH THIS! At another address a man in his late 20s living with his grandmother was also found to possess a 'chipping line'.....Um.."WOW"!..........

 

[moshii]

ROFL!?!!? DID ANYONE CATCH THIS! At another address a man in his late 20s living with his grandmother was also found to possess a 'chipping line'.....Um.."WOW"!

The member of Skidrow (IIRC) that the US were trying to extradite from Oz. was "Unemployed, living with mother".. at least this guy had a job. haha

 

[zosh]

Pretty much, as long as console have regions on them, they are considered to be restricting trade, therefore the consumer has the right to remove this restriction. Either, they remove the regioning (which would make me much happier) or they put up with the fact that modding in Australia is legal.

Please, before making legal statements like that, take note that the respective High Court ruling (Stevens ./. Sony) has taken place in late 2005, following up on a ruling of 2004. In the meantime
- anti-circumvention laws have been changed
- Australia concluded an FTA with the US, making it necessary to change digital copyright laws
- even some legal terms that were the base for the ruling have changed
The decision was mainly centered around the question whether Sony's protection system is a "technical protection measure", which, back then, it was found it wasn't, being both a copy protection measure as well as a region lock. It also centered very much on technological details specific to the PS2 console, whereas the Wii has very different technical measures -- most notably, on the Wii, copyright and region protection measures can be clearly separated.

 

[enarky]

ROFL!?!!? DID ANYONE CATCH THIS! At another address a man in his late 20s living with his grandmother was also found to possess a 'chipping line'.....Um.."WOW"!..........

What's so funny? That he's living with his grandmother? Did it occur to you that he might be looking after her? She's his grandmother, she's old, afterall.

 

[2cb2ct7]

ROFL!?!!? DID ANYONE CATCH THIS! At another address a man in his late 20s living with his grandmother was also found to possess a 'chipping line'.....Um.."WOW"!..........
What's so funny? That he's living with his grandmother? Did it occur to you that he might be looking after her? She's his grandmother, she's old, afterall.

Yeh I was also a little offended by how this was found to be so funny by some. I live in a share-house with friends, I have friends that still live with their parents, and I know people who are much older than I and live with their parents or grandparents. Don't see how it is so funny?

There is not enough respect for the elderly in many cultures today...

 

[gov78]

now whats the bets they take a couple of chips to mode there own consoles?

 

[Sinkhead]

I have still not heard from him about my R4 I sent back for replacement a day before he got raided... I guess it's gone then.

That sucks... £30 wasted.
- Sam

 

[yus786]

glens a top guy and im sad that he got raided as ive ordered from him a few times.

i hope chris @ supercardstore didnt get raided but i doubt it cos he only sold DS flashcarts

i was going to order a wiikey from him but i was lucky as someone i knew from another forum sold me one, if i did i might have been in trouble if the cops decided to follow up

oh well, shit happens i guess but its a sad loss if he gets locked up

regards

yus786

 

[MetaKz]

Best Playhouse ever.. haha.. I think he built it himself :|

Ah man.. classic. but wow.. he had a craaaaapload of stuff..

I wouldn't mind having one of those boxes on his shelf..

 

[Kwiikey]

Pretty much, as long as console have regions on them, they are considered to be restricting trade, therefore the consumer has the right to remove this restriction. Either, they remove the regioning (which would make me much happier) or they put up with the fact that modding in Australia is legal.
Please, before making legal statements like that, take note that the respective High Court ruling (Stevens ./. Sony) has taken place in late 2005, following up on a ruling of 2004. In the meantime
- anti-circumvention laws have been changed

In what relevant way?

- Australia concluded an FTA with the US, making it necessary to change digital copyright laws
This isn't the U.S. - treaties entered into by Australia have NO legal effect domestically unless there is local legislation giving effect to the treaty.

QUOTE- even some legal terms that were the base for the ruling have changed

such as?

QUOTE

The decision was mainly centered around the question whether Sony's protection system is a "technical protection measure", which, back then, it was found it wasn't, being both a copy protection measure as well as a region lock. It also centered very much on technological details specific to the PS2 console, whereas the Wii has very different technical measures -- most notably, on the Wii, copyright and region protection measures can be clearly separated.

So what?

Read the ruling.

 

[zosh]

This isn't the U.S. - treaties entered into by Australia have NO legal effect domestically unless there is local legislation giving effect to the treaty.Which, under the treaty, was required. And, I hate to break it to you, has actually happened:

December 2006 - Copyright Amendment Act 2006 (Cth) is passed. Effective January 2007, the Act (...) strengthens anti-circumvention law to make it more like the US Digital Millennium Copyright Act (as required by the Australia-US FTA)
Edit: Most relevantly in our discussion, this changed the definition of a Technical Protection Measure (TPM) from a device designed to "prevent or inhibit", to "prevent, inhibit, or restrict" copyright infringement. Meaning that PS2's mechanism which was not considered a TPM at the time of the High Court's ruling in 2005 can very well be considered one now. Also, a new term - Access Control Technological Protection Measures (ACTPM) - has been introduced, which seems even more suitable to prohibit modchips.

QUOTE

So what?
Read the ruling.

I did. Please especially note § 179: "The first statutory issue in this appeal (and the other issues presented by Sony's notice of contention) are not, however, to be decided at the foregoing level of generality."
Meaning, in essence, and correct me if I'm wrong: "This ruling does not apply to modchips in general."

As for your other questions, please see the excellent analysis "Weatherall's Law: Stevens v Sony: most irrelevant High Court decision ever rendered on copyright, or is there more to it?" which breaks down the momentousness of this ruling.

I really can't see how one can still uphold the "In Australia, modchips are legal" opinion based on that single ruling. I find it very dangerous to make such a general statement when there's obviously no legal certainty whatsoever.

As usual, please correct me if I'm wrong, I'll happily stand corrected. Please do also excuse my poor English.


Edit 2: LeftLeftUpUp describes it a hundred times better than I could ever have: Will mod-chips be legal in Australia?.

 

[nycwii]

all of this time being spend on the crackdown of modders and hackers, the world can be working vigoriously on creating curses to the masive ammount of diseases in the world of ours. Let us do our thing in peace

 

[nycwii]

@c2b2 i agree also. the elderly should be given more respect and credit than they are currently reciving. he was probably joking tho

 

[rrburkha]

There was another bust in San Diego this week:

http://arstechnica.com/news.ars/post/20070...-mod-chips.html

 

[antwill]

all of this time being spend on the crackdown of modders and hackers, the world can be working vigoriously on creating curses to the masive ammount of diseases in the world of ours. Let us do our thing in peace

I totally agree... that is if you meant 'cures' , its the greedy money hungry entertainment 'fat cats' who should just let us all be...