Homebrew Is modding the 3DS illegal?

[blinkzane]

As far as I know, technically speaking, using piracy-related hardware or software is not illegal - selling and distributing them is. As such, the entry point doesn't really matter if he already owns a Gateway cartridge. To draw a parallel to the United States, owning or drinking alcohol is totally legal if you're above the drinking age, but you can't sell alcohol on a commercial scale unless you have a liquor license (this varies from state to state as in some states only government-ran stores can sell alcohol, but gimme a break - it's just an analogy ).

Yeah I do understand that, but copyright laws are really weird and if there is no direct implications as to whether it was legal or not it may be easier in the long run just to keep it as "legal" as possible. I mean he could run it under gateway but explain how its done with cubic ninja for example, and just leave gateway out of it in general.

 

[osaka35]

So, has Nintendo or the law explicitly stated anywhere that modding consoles is down right illegal? Or does it only void the warranty?

In the states, the rule of thumb is if you purchase something, according to copyright laws, you own the hardware but they own the software (you're leasing the software, more or less, because our copyright laws are dumb).

You own the physical bits that allow for the doing of the thing, but they own the thing and the method of the thing. You can do your own thing with the hardware, but you can't mess with their thing.

this, obviously, leads to some grey-zone of what that can entail. That and even if you mess with their software, it's too much legal hassle to come after you (should they somehow miraculously find out). Even if you're sharing the messed with software, teaching others how to do it, or making a profit off of it, legal expenses are high and can create bad publicity. Even if they're within their legal rights to do so in the states, they usually don't bother. But they have before (geohot for example), so just tread carefully if you start messing with software.

But hey, since you're in Antarctica, I'm sure you're good either way.

 

[the_randomizer]

In the states, the rule of thumb is if you purchase something, according to copyright laws, you own the hardware but they own the software (you're leasing the software, more or less, because our copyright laws are dumb).

You own the physical bits that allow for the doing of the thing, but they own the thing and the method of the thing. You can do your own thing with the hardware, but you can't mess with their thing.

this, obviously, leads to some grey-zone of what that can entail.

But hey, since you're in Antarctica, I'm sure you're good either way.

Because it's totally enforceable in the states, right? ;O; People will do it anyways because most don't really care I know I don't.

 

[dubbz82]

Foxi4 - yep, I was referring to who you replied to in regards to geohotz - my posts formatting got all screwed up. The paragraph responding to you was supposed to go below the other stuff....

 

[Foxi4]

Foxi4 - yep, I was referring to who you replied to in regards to geohotz - my posts formatting got all screwed up. The paragraph responding to you was supposed to go below the other stuff....

Oh, fair enough.

 

[jamieyello]

You think the police care about 3DS modding?

It's the lawyers that tell police what to do though (indirectly of course), they care about money and the rules, Nintendo has both.

 

[the_randomizer]

It's the lawyers that tell police what to do though (indirectly of course), they care about money and the rules, Nintendo has both.

Because they can totally stop every single person who mods a console and enforce it. Never stopped anyone before.

 

[jamieyello]

Because they can totally stop every single person who mods a console and enforce it. Never stopped anyone before.

What's up with this lawsuit fearmongers vs. hackers debate lately? I never said they would, as a matter of fact I doubt they ever will.

 

[nyrol]

Not sure if your intent was to pass around misinformation, but that's exactly what you did. He posted ps3s system keys, and THAT is what landed him in boiling water. He was not sued for "trespassing on Sony's property" nor was he sued for creating an iso loader (this is what some people might believe, but it never actually happened). Please, PLEASE double check your facts next time.


Foxi4 - this heavily depends on what country you live in, and how draconian their laws are (or not). In the US, I believe possessing the hardware to load up pirate stuff isn't explicitly illegal (selling it is) but possessing pirate software is. YMMV, depending on your location though.

While it was not just trespass he was sued for, he was sued for it, as Sony claims it is their property. It's even on the cover sheet of the legal document.

 

[Xerkies]

I ask because I'm considering developing 3DS homebrew to turn in for my IB computer science project.

However given that the IB is all about being ethical/responsible and adhering to academic honesty and all that crap, spending hours and hours on a project only to have it go directly against the IB's code of honour is kind of like pissing in the wind

So, has Nintendo or the law explicitly stated anywhere that modding consoles is down right illegal? Or does it only void the warranty?

I use it just for backups. Nintendo does it as well

 

[MadMageKefka]

DMCA. Modding a console is illegal if you break any technological protection measures. And you do.

This. In USA, at least, the moment you bypass any DRM you are breaking the law. No one is gonna attack you over it, but it ia technically illegal.

 

[Foxi4]

This. In USA, at least, the moment you bypass any DRM you are breaking the law. No one is gonna attack you over it, but it ia technically illegal.

This is a contentious issue. The DMCA technically forbids you from circumventing DRM, however this particular rule has been successfully contested as the ownership of the product is passed on to the buyer at the point of purchase. This resulted in making iOS jailbreaking legal, and I distinctly remember cases of 360 CFW/modding which also held up in court. Thing is, compared to smartphones, consoles consist of a very small slice of the overall electronics pie, so it's uncertain whether similar exemptions will pop up for them officially. You are correct in saying that it is illegal though, and there were some arrests over the years.

 

[SSG Vegeta]

I don't care if it is illegal or not, I pay for it then I also change it if I want.

I agree if we decided to the 3ds apart or mod the console or whatever we want to do it's what we paid for. Nintendo forgets we put money in thier pockets not the other way aroud.

 

[MadMageKefka]

This is a contentious issue. The DMCA technically forbids you from circumventing DRM, however this particular rule has been successfully contested as the ownership of the product is passed on to the buyer at the point of purchase. This resulted in making iOS jailbreaking legal, and I distinctly remember cases of 360 CFW/modding which also held up in court. Thing is, compared to smartphones, consoles consist of a very small slice of the overall electronics pie, so it's uncertain whether similar exemptions will pop up for them officially. You are correct in saying that it is illegal though, and there were some arrests over the years.

I think the xbox 360 modder that was brought to court had his case dropped because the prosecution messed up the case. Something about bad evidence IIRC.

 

[Foxi4]

I agree if we decided to the 3ds apart or mod the console or whatever we want to do it's what we paid for. Nintendo forgets we put money in thier pockets not the other way aroud.

The argument used here is that as a customer you own the hardware you purchased, however, the software that resides on it is licensed to you the same way a game would be. As such, you can modify the hardware without any fear, but the firmware is subject to the same protections any other piece of software would be - you don't really "own" it. It's a stupid interpretation, but that's what they went with.

I think the xbox 360 modder that was brought to court had his case dropped because the prosecution messed up the case. Something about bad evidence IIRC.

The case I had in mind concerned a professional modder who did it for a living, but I really don't know the details - it might not have been the U.S. for all I know, I just had it at the back of my mind.

 

[MadMageKefka]

The case I had in mind concerned a professional modder who did it for a living, but I really don't know the details - it might not have been the U.S. for all I know, I just had it at the back of my mind.

This guy?

https://www.wired.com/2010/12/crippen-dismissed/

 

[Deleted User]

wait, is there a specific reason why this thread was bumped?

 

[Foxi4]

This guy?

https://www.wired.com/2010/12/crippen-dismissed/

That might be it, it's been so long that I can't tell, but the details match.

wait, is there a specific reason why this thread was bumped?

Not really, from what I can tell.