Modchips are "LEGAL" in Europe.

Discussion in 'User Submitted News' started by DinohScene, Feb 18, 2014.

  1. DinohScene
    OP

    DinohScene Capture the Dino

    Member
    GBAtemp Patron
    DinohScene is a Patron of GBAtemp and is helping us stay independent!

    Our Patreon
    16,080
    12,601
    Oct 11, 2011
    Antarctica
    В небо
    Many of you will remember the European court ruling out that Nintendo cannot do anything to prevent users from hacking their consoles.

    The site, Gamer Law has added further information and clarification about the legal status of modchips in Europe.

    Basically, their legal as long as their primary purpose isn't for circumventing copyright protection, i.e. piracy.


    Personally, I think that very little has changed.
    Clever coders can always code up something that will enable the chip to be reprogrammed for piracy purposes or code some loader for the OS to enable piracy.

    Source: Here and here
     
  2. jalaneme

    jalaneme Female Gamer

    Member
    6,248
    195
    Nov 27, 2006
    London
    no, i don't think it will change much at all, modchips are there to give you more freedom over your console but sony and co won't see it that way as we are always going to be battling with their firmware updates, look at the other OS situation, sony would let users use the other OS on older models but they were not able to use psn or have access to their digital content, cfw on the ps3 is the same also, if you sign into the psn with cfw installed it's console and account ban, there should be laws to protect us from situations like that especially if you cannot get access to the digital content you have rightly paid for.

    sadly it's the reason that modchips or any homebrew have not progress on current consoles because of all of this, it's a dying breed.
     
  3. Tom Bombadildo

    Tom Bombadildo Honk!

    pip Contributor
    GBAtemp Patron
    Tom Bombadildo is a Patron of GBAtemp and is helping us stay independent!

    Our Patreon
    10,696
    10,721
    Jul 11, 2009
    United States
    I forgot
    I thought modchips were always like...a grey area when it came to consoles? Because it's your console, you can do whatever you want to it and Sony/Nintendo/Microsoft can't do shit to stop you. So is this just an official law regarding that, or is this just re-stating what we already knew?
     
  4. Gahars

    Gahars Bakayaro Banzai

    Member
    10,254
    17,403
    Aug 5, 2011
    United States
    New Jersey

    Sounds like someone has a chip on their shoulder.
     
  5. pyromaniac123

    pyromaniac123 ส็็็็็็็็็็็็็็็็็็็(ಠ益ಠส็็็็็็็็็็็็็็็็็็็

    Member
    2,001
    1,671
    Sep 24, 2011
    Yes. All those "homebrew" isos and roms.
     
    Skelletonike likes this.
  6. Foxi4

    Foxi4 On the hunt...

    pip Reporter
    23,558
    21,536
    Sep 13, 2009
    Poland
    Gaming Grotto
    I don't think any clarification was ever needed in the case of modchips in Europe or anywhere else for that matter. As long as the modchip doesn't use copyright-infringing technology, it should be perfectly fine to own it, install it and use it - it's always been like this and it's unlikely to change. Modchips are treated just like any other electronic appliance, they're not a special case unless your particular country considers them to be "special".

    The problem with the quote in the OP is that "playing backups of software I own and wish to protect" is also "proportionate use", so even if the modchip isn't for homebrew at all, you could find a legal explaination as to why you own one very easily. This is why I can't think of an instance where a modchip would be illegal unless it literally contained stolen code or infringed upon a copyright-protected design of some sort.
     
  7. Joe88

    Joe88 [λ]

    Member
    11,624
    2,856
    Jan 6, 2008
    United States
    NYC
    Wont change anything since pretty much all of them sold are for circumventing copy protection
     
    T Link7 likes this.
  8. chartube12

    chartube12 GBAtemp Psycho!

    Member
    3,198
    483
    Mar 3, 2010
    United States
    How is this news? Reverse reverse engineering has been legal in most countries for many years now. Nintendo have lost cases in the 90s and 00s in the UK and the US regarding mods chips. Judges have held up mods, including chipping as apart of the learning process that goes along with reverse engineering. As far as courts are considered as long you have not used copy write'n code owned by the console manufacturer, modding is fine.
     
    dilav likes this.
  9. DinohScene
    OP

    DinohScene Capture the Dino

    Member
    GBAtemp Patron
    DinohScene is a Patron of GBAtemp and is helping us stay independent!

    Our Patreon
    16,080
    12,601
    Oct 11, 2011
    Antarctica
    В небо
    Gamer Law has added further information and clarification about the legal status of modchips in Europe.

    Most people don't read up articles from 5 years ago.
    Let alone stuff from the 90's and 00's.
     
    slingblade1170 and chartube12 like this.