So modding video game consoles is actually illegal?
For about 5 years, I was under the mindset the modding video game console that you own to play backups that you own and to play homebrew made by others was completely legal. I go to several threads of people asking if this is legal or if that is illegal and on every thread I get the same three responses...
For the longest time I accepted these notions without thought. A long while ago, I asked about the legality of homebrew and was pointed to several very interesting legal documents that if I recall correctly, pointed in favor of homebrew. But what good is making homebrew legal if the act of Modding and jailbreaking a console is illegal?
For hours, I tried looking for counter arguments to this whole notion of modding specifically gaming consoles is illegal and only found a few things that potentially contradict, particularly the comments in this thread I found very interesting: https://gbatemp.net/threads/is-modding-the-3ds-illegal.387054/
But this thread was an exception. The more and more I dug through this website, the more and more I saw these generic responses of its legal and only break terms of service. I want to believe this but I need to admit when I am wrong. I’m a very broken person.
The DMCA, from what I have read, clearly states that it is illegal to circumvent protective measures in a system. There are exceptions to this like HVAC systems and cell phones, but none exist for Video Game Consoles. This is due to the idea that modding a video game console would only be used for piracy. While I don’t think any of us deny that there are people who mod consoles to pirate games, that is certainly not the only use. Some examples that come to mind are Project M, Gamecube Controllers for Mario Kart 8, Region Free 3DS, Gamecube Memory Card Backups, other generic game mods.
These are all things that I have done because I have modded my consoles with none of the things I’ve mentioned having anything to do with piracy.
So why do I say all this? It’s because I need questions answered and some generic answer with no source. I understand I am in the US, but I want to know everything even outside the US.
2.) Terms of Service
That’s what they always say, it violates TOS. According to the DMCA, it’s more than just that. It’s illegal. I know no none ever reads those things but if there was a clause stating, “you’re f***ed if you mod our sh*t,” then I believe it would have been pointed out and people would be more frightened by the act of modding consoles. I boldest community I know is the Linux community with their never ending quest to get Linux on everything from a potato to the Xbox 720. So I guess my question is, is there some TOS out there that says something about legal action? And if there is, why is no one frightened
3.) These communities
Wololo, Reddit, GBATemp, Se7en Sins, etc. all of these websites contain people and software that allow users to modify their consoles. And this right here, is the reason why I am so confused. There are hundereds if not almost a thousand threads on how to mod this or how to mod that. If the DMCA clearly says that we can not mod the things we paid for, the why is the website still up? Why is it aloud to host content that mods consoles? Why are people like SchiresM and various other developers not incarcerated because of their hobby? I know SchiresM did not want his exploit to be used for piracy which is great and all, but it still violates US law. Yes I know many of these people are not from the US and may live in places where it’s okay but that still doesn’t answer the question of why can I still access this site? If GBATemp truly hosts illegal material and is run by people who’s names are publicly known, why hasn’t steps been taken by companies to get it shut down? Why hasn’t Nintendo yeeted this website off the internet or at least from the eyes of US citizens if it truly is a violation of US DMCA laws? Nothing is adding up.
I don’t want to sound like I am against modding consoles because I’m not. It’s one of my favorite things to do, but I need a definitive answer to the questions I have asked.
My moral compass points towards freedom although I am told to abide by the laws of the land. Give to Ceaser what is Ceasers, But this is a law that to me seems unjust and against other laws such as fair use, right of first sale, and other things.
Please, I need answers. No cookie cutter response of “it’s legal.”
I want someone to show me its legal. I want it to be legal.
I don’t care about my reputation in this site anymore.
For about 5 years, I was under the mindset the modding video game console that you own to play backups that you own and to play homebrew made by others was completely legal. I go to several threads of people asking if this is legal or if that is illegal and on every thread I get the same three responses...
- we don’t talk about piracy
- Modding your console is legal
- It only breaks Terms of Service
For the longest time I accepted these notions without thought. A long while ago, I asked about the legality of homebrew and was pointed to several very interesting legal documents that if I recall correctly, pointed in favor of homebrew. But what good is making homebrew legal if the act of Modding and jailbreaking a console is illegal?
For hours, I tried looking for counter arguments to this whole notion of modding specifically gaming consoles is illegal and only found a few things that potentially contradict, particularly the comments in this thread I found very interesting: https://gbatemp.net/threads/is-modding-the-3ds-illegal.387054/
But this thread was an exception. The more and more I dug through this website, the more and more I saw these generic responses of its legal and only break terms of service. I want to believe this but I need to admit when I am wrong. I’m a very broken person.
The DMCA, from what I have read, clearly states that it is illegal to circumvent protective measures in a system. There are exceptions to this like HVAC systems and cell phones, but none exist for Video Game Consoles. This is due to the idea that modding a video game console would only be used for piracy. While I don’t think any of us deny that there are people who mod consoles to pirate games, that is certainly not the only use. Some examples that come to mind are Project M, Gamecube Controllers for Mario Kart 8, Region Free 3DS, Gamecube Memory Card Backups, other generic game mods.
These are all things that I have done because I have modded my consoles with none of the things I’ve mentioned having anything to do with piracy.
So why do I say all this? It’s because I need questions answered and some generic answer with no source. I understand I am in the US, but I want to know everything even outside the US.
- Emulators
2.) Terms of Service
That’s what they always say, it violates TOS. According to the DMCA, it’s more than just that. It’s illegal. I know no none ever reads those things but if there was a clause stating, “you’re f***ed if you mod our sh*t,” then I believe it would have been pointed out and people would be more frightened by the act of modding consoles. I boldest community I know is the Linux community with their never ending quest to get Linux on everything from a potato to the Xbox 720. So I guess my question is, is there some TOS out there that says something about legal action? And if there is, why is no one frightened
3.) These communities
Wololo, Reddit, GBATemp, Se7en Sins, etc. all of these websites contain people and software that allow users to modify their consoles. And this right here, is the reason why I am so confused. There are hundereds if not almost a thousand threads on how to mod this or how to mod that. If the DMCA clearly says that we can not mod the things we paid for, the why is the website still up? Why is it aloud to host content that mods consoles? Why are people like SchiresM and various other developers not incarcerated because of their hobby? I know SchiresM did not want his exploit to be used for piracy which is great and all, but it still violates US law. Yes I know many of these people are not from the US and may live in places where it’s okay but that still doesn’t answer the question of why can I still access this site? If GBATemp truly hosts illegal material and is run by people who’s names are publicly known, why hasn’t steps been taken by companies to get it shut down? Why hasn’t Nintendo yeeted this website off the internet or at least from the eyes of US citizens if it truly is a violation of US DMCA laws? Nothing is adding up.
I don’t want to sound like I am against modding consoles because I’m not. It’s one of my favorite things to do, but I need a definitive answer to the questions I have asked.
My moral compass points towards freedom although I am told to abide by the laws of the land. Give to Ceaser what is Ceasers, But this is a law that to me seems unjust and against other laws such as fair use, right of first sale, and other things.
Please, I need answers. No cookie cutter response of “it’s legal.”
I want someone to show me its legal. I want it to be legal.
I don’t care about my reputation in this site anymore.