if you sell your wii on ebay dont mention it is modded. someone will tell ebay and they will shut your auction down
I believe eBay actively audits any new auctions as they are created so its just a matter of them coming accross it and yes they will remove it for reputability reasons if you mention that its been modded (nothing to do with the law in this case, whoever was curious). After all, eBay is not forced to allow anyone to auction on their site (its not a public service).Bladexdsl said:
Since this is back on the front page and not 3 deep I'll reply
Anyone that emails you through craigslist and asks to ship it to them or has someone to pick up it's a scam. It's as simple as that. I do a lot of work through craigslist and get these crazy emails all the time. If don't say "Hey I can meet you at the McDonalds on so and so street" chances are it's a scam. And bring a buddy with you so you don't get robbed.
And it's a very gray area when it comes to selling a modded system, everyone has an opinion. You want an answer? Ask a lawyer ... if you are willing to pay that is.
Anyone that emails you through craigslist and asks to ship it to them or has someone to pick up it's a scam. It's as simple as that. I do a lot of work through craigslist and get these crazy emails all the time. If don't say "Hey I can meet you at the McDonalds on so and so street" chances are it's a scam. And bring a buddy with you so you don't get robbed.
And it's a very gray area when it comes to selling a modded system, everyone has an opinion. You want an answer? Ask a lawyer ... if you are willing to pay that is.
Law: Pub. L. 105-304 Digital Millennium Copyright Act
http://en.wikipedia.org/wiki/Digital_Mille...m_Copyright_Act
http://www.smh.com.au/news/games/new-laws-...7827083369.html
And lastly the amendment for the law pertaining to cell phones and computer software.
http://www.copyright.gov/fedreg/2006/71fr68472.pdf
Do I actually believe that they are going to send you to jail? No. Should you toss the legality of the situation to the side? No. Just trust the fact it's illegal and watch out for suspicious stuff. They aren't going to set up a sting op just to get you, but if you get cheated out of your money, then they will not help you to re-obtain your illegal equipment.
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VCR's - Legal to record free public broadcast as the information is freely given to everyone. Illegal to record PPV broadcast or broadcast that is meant for single use. Also any works that is sold seperate from its televised broadcast is illegal unless you purchase a copy of the said works.
CD/DVD burners - Legal if you are copying your own works, this includes pictures/music/movies/documents/programs, or the works of others as long as you have purchased a copy for yourself and the title did not come with a hard-copy (as long as this is allowed by the programs author)
MP3 players - Are to be used to store digital music files which you have personally purchased. It is legal to make digital backups of compact disks you own as long as you have the actual disk or proof of ownership/purchase. If the album is sold the digital copy is no longer your property and is supposed to be deleted.
Computers - ? Don't be blunt for the sake of a bad arguement. Computers serve a significant purpose without the use of breaking copyright.
Printers (books) - As long as the book has been purchased and you retain the original copy or the proof of purchase from digital means then it is not illegal to make a copy for your own personal use. All other reproductions of copyrighted works is illegal unless permission for the copy is given.
-----------------
By the way, my father and his father are lawyers.
http://en.wikipedia.org/wiki/Digital_Mille...m_Copyright_Act
http://www.smh.com.au/news/games/new-laws-...7827083369.html
And lastly the amendment for the law pertaining to cell phones and computer software.
http://www.copyright.gov/fedreg/2006/71fr68472.pdf
Do I actually believe that they are going to send you to jail? No. Should you toss the legality of the situation to the side? No. Just trust the fact it's illegal and watch out for suspicious stuff. They aren't going to set up a sting op just to get you, but if you get cheated out of your money, then they will not help you to re-obtain your illegal equipment.
-------------
VCR's - Legal to record free public broadcast as the information is freely given to everyone. Illegal to record PPV broadcast or broadcast that is meant for single use. Also any works that is sold seperate from its televised broadcast is illegal unless you purchase a copy of the said works.
CD/DVD burners - Legal if you are copying your own works, this includes pictures/music/movies/documents/programs, or the works of others as long as you have purchased a copy for yourself and the title did not come with a hard-copy (as long as this is allowed by the programs author)
MP3 players - Are to be used to store digital music files which you have personally purchased. It is legal to make digital backups of compact disks you own as long as you have the actual disk or proof of ownership/purchase. If the album is sold the digital copy is no longer your property and is supposed to be deleted.
Computers - ? Don't be blunt for the sake of a bad arguement. Computers serve a significant purpose without the use of breaking copyright.
Printers (books) - As long as the book has been purchased and you retain the original copy or the proof of purchase from digital means then it is not illegal to make a copy for your own personal use. All other reproductions of copyrighted works is illegal unless permission for the copy is given.
-----------------
By the way, my father and his father are lawyers.
jinxvorheeze said:
Although you don't make an actual statement, I'll assume your stance is that you believe it is illegal (my apoligies if I interpreted incorrectly).
I'm not trying to be critical but when making an argument, especially on a forum, you should provide your audience with the premises to your argument (missing in your post) and then link to the source backing that premise up (included in your post). Its the equivalent of me saying "Its a sin to _______, check it out, here's a bible", without pointing to the specific interpretation I am making of the text. I'm sure you did it in good faith but just a heads up.
In response to your post, you actually countered the argument you were trying to press forward. While applying your rationale for why VCR's, CD/DVD Burners, MP3 players, etc are legal, you overlooked the same logic towards the Wii. The modchip is not limited to just allowing 'pirates' to play games they don't own on it but to allow users to run copies of games they legitimately own and 'homebrew' applications as well. In addition, he isn't selling the modchip, but a Wii that has a modchip installed which further deviates from classifying his transaction as the sale of a DRM circumvention device. As you noted, it is not illegal to make copies of products you own (although that is what Hollywood would like you to believe and legislate) and there are legitimate uses for a modchip outside of piracy (same idea with VCR's, CD/DVD Burners, MP3 players, etc. they can be used for illegal purposes but that doesn't make them illegal).
FWIW, I'm a business analyst that audits processes and procedures for a Bank in Canada and I also deal with lawyers on a regular basis (and I don't think that adds anything to my argument). Again, don't take this as poking fun at you or anything but Appealing to Authority (the validity of an argument is independant of the quality of the source putting it forward) isn't contributing further to your argument so you can do without it, I'm all up for a civilized debate.
Even though this is outside of the scope of the OP question and as another member stated if you're truly in doubt, seek the advice of an actual lawyer if you're really that concened. Keep in mind, lawyers also lose cases they're trying to press forward as they are interpreting the law as well (ie. they're not perfect but probability-wise you're safer trusting a lawyer you know vs a random forum user
shadowmanr6 said:
That is what I did when I bought my GB Micro. Met up with the guy checked the GB out and decided to buy it.
I would just wait until you find someone else that doesn't seem suspicious and lives in your town.
All the things I posted in my argument in no way break DRM protection or circumvent copyright restrictions. They are making legitimate copies of non-protected media. Notice I said backup your own files not backup your DVD's. There is a reason they stopped making DVD Decryptor. It became illegal when programs and devices which allow a person to break or circumvent copyright protection were outlawed. Modchips are not sold in the United States because they are illegal. Any object which contains a modchip (because of the modchip) be it software or hardware is illegal. Also, I expect people to read the thread before making a post. Since I had already stated my stance on the subject, don't tell me how to make a post. Sorry that I posted the actual laws and regulations. It must have made your brain hurt from reading all those legal texts. And for your information, if I gave a shit about your Canadian business analyst experience (how that has anything to do with United States Law practice I don't know) then I would have asked about it.
I already stated that HBC = Fine, SoftMii = No
I already stated that HBC = Fine, SoftMii = No
...and there it goes.jinxvorheeze said:
There's no need to get hostile nor offended by someone who disagrees with you. Its clear you don't take constructive criticism lightly so I won't really bother to carry an argument with you beyond this post given that you don't seem to have any other interest other than presenting your own view on the subject without dissent. I find it puzzling how you passionately present an argument but won't take the time to make your premise clear from a source you link to but expect others to take the time to read them.
My post was not an attack on you nor a dictation on 'how to make a post', simply a recommendation on improving the presentation of your argument. No my brain didn't hurt from your links nor did I ignore them, my criticism wasn't towards you posting links to Wikipedia, an Article, and a circular, it was towards you not extracting anything specific from those links to provide a premise or premises (and hence leaving your audience to do it for you) about your argument. I also clearly stated that what I do for a living doesn't contribute to the argument the same way as your comment about your "...father and his father is a lawyer" did, so I don't understand why you opted to resort to ridicule over a statement which was clearly being a contrast to yours (and hence the reference to the 'Appeal to Authority' fallacy).
Cheers
Pretty cool discussion here
My $0.02
If Timmy Smith is selling a Wii with a modchip and a few games (regardless if he owns the official copy with a backup or a downloaded torrent copy) - he isnt on the FBI radar.
If Timothy Q. Smith, Esq. is making a business of buying $220 Wii, adding 50 games to it and selling them for $450 for each time bundle, then he is a bigger fish to catch.
As far as Craigslist and people out of the country/I'll send you a check - I vote, forget about it. Someone local with cash is way better to deal with.
Be careful and Good luck
*I watch Law and Order - thats about it on my legal skills
My $0.02
If Timmy Smith is selling a Wii with a modchip and a few games (regardless if he owns the official copy with a backup or a downloaded torrent copy) - he isnt on the FBI radar.
If Timothy Q. Smith, Esq. is making a business of buying $220 Wii, adding 50 games to it and selling them for $450 for each time bundle, then he is a bigger fish to catch.
As far as Craigslist and people out of the country/I'll send you a check - I vote, forget about it. Someone local with cash is way better to deal with.
Be careful and Good luck
*I watch Law and Order - thats about it on my legal skills
Who cares if it is or isnt illegal.
Go on, sell it anyway - live dangerously.
After all, what is life without a little spice ?
PS. Greets to the FBI agent scanning all my internets posts. My regards to your lovely wife !
Go on, sell it anyway - live dangerously.
After all, what is life without a little spice ?
PS. Greets to the FBI agent scanning all my internets posts. My regards to your lovely wife !
@rambozotheclown: I agree
@FBI AGENTS:
I purchased a refurbed/used Xbox from Amazon. The case was scuffed up and the back looked pried into. For grins I downloaded Kung Fu Panda (which came with the box) and it plays. So I got a hacked xbox from Amazon which is actually from some other company.
Wrap your head around that one
@FBI AGENTS:
I purchased a refurbed/used Xbox from Amazon. The case was scuffed up and the back looked pried into. For grins I downloaded Kung Fu Panda (which came with the box) and it plays. So I got a hacked xbox from Amazon which is actually from some other company.
Wrap your head around that one
what about that guy who was selling modded modems for free internet? it was legal, with the exception of him advertising that you could steal internet... Now does that mean if you mod a wii, when you sell it it has to be sold for educational purposes only? I dont know what happened to him but it was on G4 awhile ago... I would love for someone to answer this question... and if it is legal how would we go about selling it? thx
Scam methodology...
They'll send you a check for... let's say $500.
BUT, you'll receive a check for a ridiculous amount (let's say... $5200)
You'll get an e-mail saying "Oh, my assistant sent you the check for the wrong amount. Anyway, just cash the check, and send the remainder back to me via Western Union. I'll even give you an address to send it to."
- - - This is what happens if you DO decide to fall for the scam - - -
You cash the check
You send the money via Western Union
Your bank notices the bad check
Charges you the full amount of the check
You are now officially screwed.
It's okay, somebody tried this scam with me too, all over a cell phone. I tried to sell it for $200, they sent me a check for $1725
They'll send you a check for... let's say $500.
BUT, you'll receive a check for a ridiculous amount (let's say... $5200)
You'll get an e-mail saying "Oh, my assistant sent you the check for the wrong amount. Anyway, just cash the check, and send the remainder back to me via Western Union. I'll even give you an address to send it to."
- - - This is what happens if you DO decide to fall for the scam - - -
You cash the check
You send the money via Western Union
Your bank notices the bad check
Charges you the full amount of the check
You are now officially screwed.
It's okay, somebody tried this scam with me too, all over a cell phone. I tried to sell it for $200, they sent me a check for $1725
if a modchip is illegal to sell in the US, wouldn't that make DS flashcarts also illegal to sell in the US, too?
if yes, then what about stores like realhotstuff that are based in the US? how are they still in business?
if yes, then what about stores like realhotstuff that are based in the US? how are they still in business?
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