So modding video game consoles is actually illegal?

Discussion in 'General Gaming Discussion' started by Stephano, Jun 24, 2019.

  1. cots

    cots GBAtemp Maniac

    Dec 29, 2014
    United States
    Indeed. It needs to be either updated or replaced. We've seen jail breaking smart phones given an exemption. I don't see why booting into L4T Ubuntu on your Switch should be considered illegal any longer. While I had my doubts about the DMCA when it passed, the law did serve a purpose and the world didn't end. Like any old law there are flaws and it can sadly be abused. Time to update it!
  2. Cylent1

    Cylent1 Community Smart Ass!

    Oct 5, 2015
    United States
    The most communist country in the world!
    Only if you bought the system from a retail store!
    I buy all my systems from a pawn shop so they can shove whatever up their asses if they think they can sue me!

    Basically they think they still own the machine. What happens when someone creates a full blown custom firmware without any video game company code?
    They own the firmware not the hardware!

    It's like the car dealership sells you a car but tells you are not allowed to change out the stock radio or put a different brand of wipers on it!
    Last edited by Cylent1, Jul 7, 2019
  3. alexander1970

    alexander1970 GBA Fan

    Nov 8, 2018
    They want to have it all BLACK and WHITE on the PAPER.

    For EU countries (an example):

    If CASE 1 (for Example Nintendo WiiU) coincides with TEXT PARTS from Article 34/3 THEN it is illegal.
    That would be the nicest and easiest way for the Device Manufacturer.

    But "unfortunately" it is not so easy today.EVERY Case is different.:evil:
    And so Article 34/3 just gets adjusted to Article 34/3/A (for Nintendo Switch for example).

    And when a new Nintendo device comes,Article 34/3/A becomes Article 34/3/A/01 for example.:D

    After the next "government change" there is maybe an Nintendo "hater" in it and after an "government meeting" they decide "Modding an ALL Nintendo devices is BAD" and change

    Article 34/3
    Article 34/3/A
    Article 34/3/A/01

    to Article "Modding an ALL Nintendo devices is BAD" and numbering it EU Article 13 (sorry this is pure sarcasm :D )
  4. The Real Jdbye

    The Real Jdbye Always Remember 30/07/08

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    Mar 17, 2010
    L4T should be fully legal because it does not rely on or use any Nintendo code to function. I'm not a lawyer though.
  5. alexander1970

    alexander1970 GBA Fan

    Nov 8, 2018
    A Question please:

    "Altering" a original FIRMWARE of an DEVICE is ILLEGAL.
    "Putting/adding some Information" into a original FIRMWARE is LEGAL.

    Right ?
  6. LMSFAN11

    LMSFAN11 Newbie

    Jul 15, 2019
    Greater Vancouver
    What about selling and buying consoles in canada
  7. osaka35

    osaka35 Instructional Designer

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    Nov 20, 2009
    United States
    Silent Hill
    That's one interpretation of the law. which is a very convoluted law. You'll notice video game companies don't go after people who do this because it could easily be ruled in a court it does not actually violate the DMCA. Things like GEOhot were settled out of court, and had specific circumstances, but is definitely one of the only cases involved with this sort of thing. The fact they settled out of court shows they wanted it to stop, but weren't overly confidence where the results would be. If they had lost, which they very well could have, it would mean these things could be done very openly and their standing that "any lock we make should not be legal to break" is more tentative. Like I mentioned above, it's currently a tug-of-war between corporations wanting complete control and end-users who have spent money and own the physical hardware (but just the license to use the software). I'd present it's pretty dang illegal of them to lock their software to the hardware and any attempt to use the hardware around their software somehow is your fault. It it corrupting the agreement of ownership of hardware. It should definitely not continue.

    it's more akin to buying a knife, but being told if you ever do anything other than cut into brandname(c) products with it, you're illegally using the knife. it's a bit of a silly law.
    Last edited by osaka35, Jul 17, 2019
  8. Sophie-bear

    Sophie-bear The Coolest Bear Around

    Jan 4, 2017
    United States
    Depends on the laws where you live. I'm under the impression, that generally, here in the US, modding is legal for a few reasons (but does come with some downsides such as a voided warranty). ToS are also typically not legally binding and seem to often serve as more of a "gotcha" if they ever do become relevant to some sort of litigation. While not being law, they would be a compelling piece of defense for the company who delivered them to the consumer, and could win a case for them by the simple fact that the consumer agreed to them.

    Outside of the facts, and into opinions: I personally believe when you buy something, you should have every right to use it how you wish as long as it doesn't damage anyone else. This means, outside of piracy, I believe all forms of software modification, as well as hardware modification, should be legally protected. I also am very much a staunch defender and proponent of right-to-repair law.

    Edit: Furthermore, things like online bans for using modified hardware and/or software are completely justified.