Illegal To Modify Computers Or Consoles In Canada

[Deleted_171835]

Last month, the Royal Canadian Mounted Police searched residence in Roberval, Quebec, which culminated in one arrest of one suspect who advertised selling pirated games through the internet and the seizure of hundreds of counterfeit games. But wait, there's more.

According to a news release by the Mounted Police, items to modify video game consoles and copy games were seized as well. This is part of a larger effort by the Mounted Police to crack down on game piracy.

"Modifying a console and computer is considered an illegal act under Section 342.1 of the Criminal Code and is punishable by imprisonment for up to ten years," reads the RCMP's statement.

The Royal Canadian Mountain Police is quite clear; however, the word of law in Section 342.1 leaves some wiggle room:

Every one who, fraudulently and without colour of right,
(a) obtains, directly or indirectly, any computer service,
(b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system,
© uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or an offence under section 430 in relation to data or a computer system, or
(d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or ©
is guilty of:
(e) an indictable offence and liable to imprisonment for a term not exceeding ten years, or
(f) an offence punishable on summary conviction.

It could be possible to argue the "with intent" part, stating that a modded console by itself does not necessarily show "intent". (Unless copying your own games for your own consumption is illegal in Canada, too.)

Though, if the Mounties say "modifying a console and a computer is considered an illegal act", listen to them. They ride horses.

This is insane. I purchased the console yet I'm not allowed to do what I want with it. I guess, installing a computer harddrive is also illegal.

Source: Kotaku

Edit1: Can a mod edit the topic title to include the word 'to' after the word 'Illegal'.

 

[prowler]

That was really hard to read with the center tags.

 

[Deleted_171835]

That was really hard to read with the center tags.

Fixed it.

 

[Fat D]

If he was selling unlicensed copies of software, proving intent is a non-issue. But what really fascinates me is the following:
"Modifying a console and computer is considered an illegal act under Section 342.1 of the Criminal Code and is punishable by imprisonment for up to ten years,"
What the Duck?

 

[Wabsta]

If he was selling unlicensed copies of software, proving intent is a non-issue. But what really fascinates me is the following:
"Modifying a console and computer is considered an illegal act under Section 342.1 of the Criminal Code and is punishable by imprisonment for up to ten years,"
What the Duck?

This.
What the Duck?

 

[eife]

Shit, i just bought a new graphic card :/

A chance i don't live in Canada....!

wait... wut?

 

[iFish]

Pirating games...... FUCK. then i'm in trouble

 

[Guild McCommunist]

They probably mean it's illegal to modify consoles and computers in ways that would allow piracy, such as modchips. Adding a new graphics card to a computer wouldn't be too bad.

Anyway, the guy was being a douche and advertising the selling of pirated games. Not just advertising modified game consoles or whatever, but games he pirated. That's a dumbass thing to do.

 

[iFish]

So i guess HBC is not illegal even if not used for pirating game like i do. i DON'T pirate wii games

 

[Jeff88]

Why's everyone being so hard on piracy and the like lately?

Because it's wrong and illegal?

 

[kitehimuro]

Why's everyone so hard on PIRACY? How old are you, TEN? Piracy is ILLEGAL, and you can see that because there's no actual download hosted on this site FOR THAT EXACT REASON.

This is a stupid topic because the guy clearly got himself raided/arrested because he was selling pirated games. The modding of consoles was just a "bonus" charge they slapped on him just-in-case.

Realistically you can basically stick even your wang into your console at home whenever you like, noone will care. That is -UNTIL- you start selling pirated software on the internet. It's like smoking a joint in front of a police station, if we want to measure STUPIDITY like that.

 

[The Pi]

so in canada you can't add a hard drive or graphics card

canada is fucked up

no offence

does that mean you can't install linux on a pc ?

 

[Ace Gunman]

It's actually not illegal to modify these devices, the RCMP are acting illegally in their attempts to shut down these operations and individuals. As far as I know the Canadian copyright reform never went through, until it does, this isn't lawful activity they're engaging in with these acts. Selling pirated games is however illegal.

 

[thedicemaster]

They probably mean it's illegal to modify consoles and computers in ways that would allow piracy, such as modchips. Adding a new graphics card to a computer wouldn't be too bad.

Anyway, the guy was being a douche and advertising the selling of pirated games. Not just advertising modified game consoles or whatever, but games he pirated. That's a dumbass thing to do.

but you wouldn't be allowed to install a dvd writer then.

 

[Panzer Tacticer]

Context guys, learn the process of context.

'with intent' means a great deal to the entire body of text eh.

In Canada I have the legal right to own hardware and software made expressly to copy LEGALLY OWNED software regardless of what is in place to defeat that purpose.

Thus owning a dvd burner drive and software made intentionally capable of making a copy of software is not illegal IF YOU ARE COPYING LEGALLY OWNED SOFTWARE.

But we all KNOW people use dvd burner drives and cutting edge software to copy software they do NOT legally own.

Yes officer, every last one of those are back up copies, but sadly, I lost all of my originals in a horrible break in last year. It was tragic. Luckily they were kind enough to at least not steal my back ups.

People that SELL copied software though are fucking idiots. I'd report you myself. Way to go asshole, really bright. Love the target on your forehead eh.

In Canada, the FBI can only DREAM of the power our federal law enforcement enjoys eh. Yes, they DO know who is who in the world of crime.

 

[Pliskron]

The moral of the story. Don't advertise yourself as "Jim's pirated game hut we sell cheap pirated games".

 

[Blebleman]

When the police come to get you, you're in trouble.

When the RCMP comes to get you, you're in deeeeeeeep shit.

This guy probably wasn't just selling 5$ games to his friends... He might have been one of those f*ckers that sell fake games on eBay, for example.

 

[Guild McCommunist]

When the police come to get you, you're in trouble.

When the RCMP comes to get you, you're in deeeeeeeep shit.

This guy probably wasn't just selling 5$ games to his friends... He might have been one of those f*ckers that sell fake games on eBay, for example.


QUOTELast month, the Royal Canadian Mounted Police searched residence in Roberval, Quebec, which culminated in one arrest of one suspect who advertised selling pirated games through the internet and the seizure of hundreds of counterfeit games.

 

[worlok375]

Sorry Canada.

 

[zuron7]

So you're allowed to make a copy of a game and use it but are not allowed to modify it therefore making the copy unusable.

Nice...