Hacking What is the legal status of Flashcarts in the USA?

elmoreas

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I was wondering about the legal buy/sale status (non-commercial sales of course) of flashcarts in the USA, and also their general/possession legal status in the USA? For each issue; sales and possession, are they Illegal, Banned, Legal, Not Regulated, Etc..? Also if it helps I am particularly interested in the Acekard 2i, M3I Zero, IPlayer, and Supercard DSONEi.

On a side note does anyone know the answer to the exact same question but for Wii modchips, in particular the Wasabi DX, DriveKey, and WiiKey Fusion?

Thanks in advance to those that answer, I appreciate the info. Talk to you all later.

Sincerely,
Elmoreas
 

r3dfaction

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There are no US Stores (online or Store), therefore illegal. I just received word from modchip-wizard.com that they are not allowed to ship modchips to the US.

ESA is being a real pain in the ass.
 

iFish

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r3dfaction said:
There are no US Stores (online or Store), therefore illegal. I just received word from modchip-wizard.com that they are not allowed to ship modchips to the US.

ESA is being a real pain in the ass.

SHUT YOUR MOUTH!! there are stores in the US online that sell cards!!

RealHotStuff... that is all i can think of.....

but there are plenty in canada! so not all al located in china... just the really cheap ones are located in china.

Posts merged

QUOTE(elmoreas @ Mar 9 2010, 05:41 PM) So just having one is illegal?

no... owning a flash card it's self if legal... but pirating roms (which is most likly why you want one) is illegal.
 

DarkWay

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I believe flashcarts are legal in both the U.k and America (and probably other countries) aslong as they are sold completely blank (nothing on them) they are also legal to play homebrew applications and the such, the only illegal part about flashcarts is playing roms on them even then you CAN (I think) negate the illegallity of it if you only run roms that you own the actually NDS cartridge for:- i.e you've gone to a store and bought pokemon platinum and then later on you put it on your flashcart. This would only work however if you can prove (no matter where you are) that you do indeed own said game.

but I could be completely wrong on that last part.

and as for the wii modchips well...I think the same thing applies doesn't it? someone with solid facts will probably come and answer this much better than I have though

EDIT:-
ifish said basically what I was trying to say but in a much simpler form
rofl2.gif
 

r3dfaction

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Not sure about bout modchips but read this its a bit old but it might answer ur question:
QUOTE said:
U.S. Immigration and Customs Enforcement agents from nearly two dozen cities executed 32 federal search warrants in 16 states in the past 24 hours as part of a mammoth crackdown on chip modding.

Operation Tangled Web, the result of a year long investigation headed up by the ICE office in Cleveland, is the largest national enforcement action of its kind targeting the sales of modification chips and "disc copyright circumvention devices" in history.

Neither the Department of Justice nor the ESA would name the businesses, homes or storefronts involved in the sweep that took place in California, Florida, Hawaii, Idaho, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Texas, and Wisconsin today.

The modchips and circumvention devices allowed users to play pirated software on the PS2, Xbox, Xbox 360 and Wii.

"Illicit devices like the ones targeted today are created with one purpose in mind, subverting copyright protections," said Julie L. Myers, Assistant Secretary of Homeland Security for Immigration and Customs Enforcement. "These crimes cost legitimate businesses billions of dollars annually and facilitate multiple other layers of criminality, such as smuggling, software piracy and money laundering."
Newly minted ESA chief Michael D. Gallagher was quick to offer federal kudos:

"Plain and simple, selling and distributing products to illegally bypass game consoles' piracy protections is a crime with real-life consequences. This is not a game; we're talking jail time. Enforcement initiatives of this scope send a clear message to both the public and pirate community that this illegal activity will not be tolerated," said Michael D. Gallagher, president of ESA, the trade association representing U.S. computer and video game publishers. "We commend Immigration and Customs Enforcement (ICE), the U.S. Department of Justice, and the participating U.S. Attorneys' offices for targeting individuals and groups selling 'mod-chips' and pirated game software."

Source: Kotaku


EDIT 1: I think what is illegal is to sell and distribute Modchips but having one for backup purposes is legal, but don't quote me on that...
 

elmoreas

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Actually I want to get rid of mine out of fear of owning one and want to know if it is ok to sell it or not, I am having a yard sale this weekend and want to put it in it, but we have cops who live in the neighborhood and I am worried that one might walk in and see it on the table.
 

Nimbus

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r3dfaction said:
Not sure about bout modchips but read this its a bit old but it might answer ur question:
QUOTE said:
U.S. Immigration and Customs Enforcement agents from nearly two dozen cities executed 32 federal search warrants in 16 states in the past 24 hours as part of a mammoth crackdown on chip modding.

Operation Tangled Web, the result of a year long investigation headed up by the ICE office in Cleveland, is the largest national enforcement action of its kind targeting the sales of modification chips and "disc copyright circumvention devices" in history.

Neither the Department of Justice nor the ESA would name the businesses, homes or storefronts involved in the sweep that took place in California, Florida, Hawaii, Idaho, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Texas, and Wisconsin today.

The modchips and circumvention devices allowed users to play pirated software on the PS2, Xbox, Xbox 360 and Wii.

"Illicit devices like the ones targeted today are created with one purpose in mind, subverting copyright protections," said Julie L. Myers, Assistant Secretary of Homeland Security for Immigration and Customs Enforcement. "These crimes cost legitimate businesses billions of dollars annually and facilitate multiple other layers of criminality, such as smuggling, software piracy and money laundering."
Newly minted ESA chief Michael D. Gallagher was quick to offer federal kudos:

"Plain and simple, selling and distributing products to illegally bypass game consoles' piracy protections is a crime with real-life consequences. This is not a game; we're talking jail time. Enforcement initiatives of this scope send a clear message to both the public and pirate community that this illegal activity will not be tolerated," said Michael D. Gallagher, president of ESA, the trade association representing U.S. computer and video game publishers. "We commend Immigration and Customs Enforcement (ICE), the U.S. Department of Justice, and the participating U.S. Attorneys' offices for targeting individuals and groups selling 'mod-chips' and pirated game software."

Source: Kotaku


And this article is 3+ years old. Times have sort of changed since then....sorta...

QUOTE(elmoreas @ Mar 9 2010, 03:47 PM)
Actually I want to get rid of mine out of fear of owning one and want to know if it is ok to sell it or not, I am having a yard sale this weekend and want to put it in it, but we have cops who live in the neighborhood and I am worried that one might walk in and see it on the table.

I wouldn't risk it if I were you, even ripping the label off of the front probably won't make much difference.
 

Rydian

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My Acekard came from Canada.

DarkWay said:
even then you CAN (I think) negate the illegallity of it if you only run roms that you own the actually NDS cartridge for:- i.e you've gone to a store and bought pokemon platinum and then later on you put it on your flashcart. This would only work however if you can prove (no matter where you are) that you do indeed own said game.

but I could be completely wrong on that last part.
Right, completely wrong, that's a myth spread by ROM sites in an attempt to dodge blame. Under US law you can MAKE a backup copy (so no downloading, period, because that's not making it) if the IP holder doesn't say you can't.

And nintendo of course says No, so the roms are illegal, period.
 

iFish

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my local EB games knows i have a bunch of flash cards... they really dont care. they just wont accept it as a trade
 

r3dfaction

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ifish said:
r3dfaction said:
There are no US Stores (online or Store), therefore illegal. I just received word from modchip-wizard.com that they are not allowed to ship modchips to the US.

ESA is being a real pain in the ass.

SHUT YOUR MOUTH!! there are stores in the US online that sell cards!!

RealHotStuff... that is all i can think of.....

but there are plenty in canada! so not all al located in china... just the really cheap ones are located in china.
That store will eventually be shut down the ESA is busting "chops"
lecture.gif


Btw Canada stores are starting to prohibit Modchip sales as well (look at ConsoleSource)...
 

Bently

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Nuclear Raven said:
ifish said:
my local EB games knows i have a bunch of flash cards... they really dont care. they just wont accept it as a trade


blink.gif
WHAT!? You're EB games has a bunch of them!? Do they even contemplate how much trouble they could get into just having those!?

Read the statement again xD.
 

Nimbus

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elmoreas said:
What do you mean look at my history OP, your clear? What does that mean?

Nevermind what I said, I thought at first this was a trick thread, since I have a natural instinct to initially question anything.

Sorry if I doubted you.
 

elmoreas

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Ok question is answered, you all can keep talking on this one if you want but I got the info I needed. Thanks all. Talk to you later.

Elmoreas
 

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