So modding video game consoles is actually illegal?

[cots]

True enough. This is the major reason why when the DMCA was drafted and signed into law there was so much protest in the tech community about it. At the time, they feared it'd turn into a dystopian future where Microsoft Palladium would lock out all competition forever, turning them into information gatekeepers. Thankfully a whole host of things, including MS's anti-trust trial and the rise of Google, really undermined that future.

Today, I'm a little more hopeful about the future because we've now had a whole generation of computer users who have lived with the DMCA hanging over their head. Any actual serious use of it could well motivate them to push the legislature to the do the right thing and spell out interoperability as a legitimate basis to violate the DMCA, significantly undercutting its power. I mean, legally Ransomware authors could argue DMCA violations for people trying to bypass their malware. It's just absurd.

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!

 

[Cylent1]

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!
I DON'T FLY WITH THAT BULLSHIT!

 

[Alexander1970]

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.
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.

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 )

 

[The Real Jdbye]

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!

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

 

[Alexander1970]

A Question please:

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

Right ?

 

[LMSFAN11]

What about selling and buying consoles in canada

 

[osaka35]

Simply injecting a Switch payload violates the DMCA (aka is Illegal) and any tool used to do this with would also be complicit. Atmosphere alone might not violate the DMCA, but if you use it in a manner that does violate the law then it's also complicit. Sorta like how you can buy a knife, but if you use it in a murder it becomes the tool you used to commit the murder with.

Don't kid yourself. If you playing copied games on your Switch you're violating USA laws. That also includes simply bypassing copy protection mechanisms to boot into Ubuntu. Although, I doubt you'd get in any legal trouble for simply running Ubuntu, but pirating games can land you up in some serious trouble.

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.

 

[AkikoKumagara]

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.

 

[DemonicMyst]

alot of things violate copyright law but is accepted by companies because taking it to court would harm pr take jifs its a industry based on Violating copyright law hell twitch is a grey area in copyright law playing a videogame isnt fair use a few decades ago fan-fiction was commonly taken down by copyright law alot of things that are ilegal under dmca are culturaly accepted and would cause bad pr for componies to go after u for it. Unless your selling moddefied consoles or modifying them to play pirated games its not worth the bad pr to go after u when its a lawsuit nit a criminal offence unless done with pure intent to pirate or make a profit and what do they have to gain suing consumers who couldnt pay the fine.

in consoles the software to prevent pirating is in firmware and anti piracy measures prevent custom code on consoles so the methods of modifying consoles tend to break this law acidently

physical modifications are not illegal tho

 

[stanleyopar2000]

just fucking softmod it and don't tell the entire world what you did

 

[DemonicMyst]

as said they tend not to care unless u sell them or are directly causing damages to the company

 

[Julie_Pilgrim]

the fbi breaking into my house because i have a cfw 3ds

--------------------- MERGED ---------------------------

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!

that's.... not how it works

 

[Cylent1]

the fbi breaking into my house because i have a cfw 3ds

--------------------- MERGED ---------------------------


that's.... not how it works

Sure it does considering I am old school and never played an online game and never will go on eshop or anything like that!
They have no right since I didn't adhere to their terms and agreements!

I know America is no longer a free country and went communism, but they can send all the goon squad they want, but I will guarantee at least one of them wouldn't make it back out my driveway!

 

[AkikoKumagara]

I know America is no longer a free country and went communism

Imagine believing this, lmao. America is far from being free but even farther from being Communist.

The way these terms of use agreements and EULAs work are thus: by simply using the product, your agreement is implied, however these agreements are rarely ever legally binding. You actually will see a EULA screen when you set up most consoles for first time use which require agreement to proceed. They can be used in court but might just be ignored if brought up depending on the infraction. Modding your console is not illegal here in the US, anyway, assuming you're not distributing something copyrighted or breaking piracy laws or something.
In someplace like Japan (a more conservative nation, to counter your 'Communism' point), console modding is illegal, as well as many forms of software modification.

 

[Julie_Pilgrim]

Imagine believing this, lmao. America is far from being free but even farther from being Communist.

The way these terms of use agreements and EULAs work are thus: by simply using the product, your agreement is implied, however these agreements are rarely ever legally binding. You actually will see a EULA screen when you set up most consoles for first time use which require agreement to proceed. They can be used in court but might just be ignored if brought up depending on the infraction. Modding your console is not illegal here in the US, anyway, assuming you're not distributing something copyrighted or breaking piracy laws or something.
In someplace like Japan (a more conservative nation, to counter your 'Communism' point), console modding is illegal, as well as many forms of software modification.

"communism is when joe biden"-stalin, probably

 

[Cylent1]

Imagine believing this, lmao. America is far from being free but even farther from being Communist.

The way these terms of use agreements and EULAs work are thus: by simply using the product, your agreement is implied, however these agreements are rarely ever legally binding. You actually will see a EULA screen when you set up most consoles for first time use which require agreement to proceed. They can be used in court but might just be ignored if brought up depending on the infraction. Modding your console is not illegal here in the US, anyway, assuming you're not distributing something copyrighted or breaking piracy laws or something.
In someplace like Japan (a more conservative nation, to counter your 'Communism' point), console modding is illegal, as well as many forms of software modification.

I have been living on this rock for 46 years and never once it was this bad with the left silencing and cancelling conservatives.
It amounts to digital book burning just like the nazi's did. Tearing down sculptures of history jiust the Nazi's did.
Trying to disarm citizens just like the Nazi's did. Also you are no longer allowed to attend church by your own free will without facing reprocussions. Trying to jail political opposotion just like the nazi's did. And last but not least, your own Government turned on you just like the Nazi's did. So tell me again how USA is not a communist country?

 

[AkikoKumagara]

I have been living on this rock for 46 years and never once it was this bad with the left silencing and cancelling conservatives.
It amounts to digital book burning just like the nazi's did. Tearing down sculptures of history jiust the Nazi's did.
Trying to disarm citizens just like the Nazi's did. Also you are no longer allowed to attend church by your own free will without facing reprocussions. Trying to jail political opposotion just like the nazi's did. And last but not least, your own Government turned on you just like the Nazi's did. So tell me again how USA is not a communist country?

lol, that's hilarious.
Curious what you think Communism means.

 

[Cylent1]

lol, that's hilarious.
Curious what you think Communism means.

I will not entertain a blind obedient sheep!

 

[deinonychus71]

I will not entertain a blind obedient sheep!

No but really though, curious what you think communism means.
Lots of hyperbolic thoughts these days sure but no sign of communism, far from it.

Heck the US can't even get universal healthcare lol. Imagine that for a so-called first world country.

 

[CMDreamer]

I can do whatever I want to my legally buyed/owned console (even if I buyed it second hand), because I've payed for it. I can even. if I want, destroy it completely and the OEM can't do nothing about it, simply because US laws are not universal and only apply in US and its territories (a fact they love to forget about).

Happy me I don't live in the US, so...