Xeno modchip legal?

Discussion in 'Nintendo GameCube' started by snails1221, Aug 31, 2016.

  1. snails1221
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    snails1221 Advanced Member

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    I was wondering, is it in the United states is it legal to install the xeno modchip and play legally backed up games?
     


  2. Heran Bago

    Heran Bago Where do puyo come from?

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    Yes. There is no judicial precedent specifically calling it illegal.

    Some people like to call it a "grey area", but that's not how civil law works.
     
  3. Zero72463

    Zero72463 GBAtemp Maniac

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    Basically. I am pretty sure it's even illegal to make backups. Who's gonna get you anyways? XD
     
  4. Heran Bago

    Heran Bago Where do puyo come from?

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    That's not true. Do you have a source?
     
  5. Zero72463

    Zero72463 GBAtemp Maniac

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    Well I didn't mean like if he made a backup directly then it's not illegal. Although if he visits an illegal website then it is.
     
  6. Lumstar

    Lumstar Princess

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    The laws are beyond my level of understanding. You might want to study the Digital Millennium Copyright Act, a good place to start.
     
  7. snails1221
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    snails1221 Advanced Member

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    Ok thanks
     
  8. Sicsuicide

    Sicsuicide GBAtemp Regular

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    You can make one legal copy of anything i believe
     
  9. TeamScriptKiddies

    TeamScriptKiddies Licensed Nintendo (indie) Game Developer

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    Planet Earth :P
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  10. Sonic Angel Knight

    Sonic Angel Knight GBAtemp Guru

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    Buying a game, legal, making backup.... depends i guess, the way i see it, is not legal since is written in the back of every game you buy the legal and licensening rights and other stuff, mostly saying things about what is not legal or warnings and such. To me, since the people who we buy our stuff from never gave us permission to or even a tool to create backups, i doubt is legal. Do people do it anyway? YES! Why cause that is how we are. :P

    (Sorry i'm not a political nut like others are. I tend to stay away from stressing related content.) :ninja:
     
  11. Marko76

    Marko76 GBAtemp Psycho!

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    Well here in Scotland it actually is legal as you are allowed to make one back up of any game/dvd/music cd ect that you own and if you sell or give away that game/dvd/music cd you legally have to destroy the backup copy straight away.
     
  12. Sonic Angel Knight

    Sonic Angel Knight GBAtemp Guru

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    Umm the op is from america, so i think Your laws and rules don't apply here. But good for you. :toot:
     
  13. Marko76

    Marko76 GBAtemp Psycho!

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    Fair point but that is pretty much the law the world over and others have pretty much said the law is the same in America plus also here like America companies like nintendo post messages on the game boxes ect saying that it is illegal to make back ups ext even though they are in the wrong in saying that.
     
  14. TeamScriptKiddies

    TeamScriptKiddies Licensed Nintendo (indie) Game Developer

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    Federal Law trumps the bs terms they put on the case. When there's a conflict between federal law and a silly EULA, federal law always wins. Its just that you forfeit any sort of warranty or tech support from the developers/manufacturers etc.
     
  15. mechagouki

    mechagouki Kill 'em all...

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    Patent lawyer I did some tech support work for told me that any EULA that you agree to without an independent witness is non-binding and would not withstand a legal challenge, unless it is directly backed by local law. And then maybe.

    The essence of this is that the burden of proof is with the copyright holder, they would have to prove beyond reasonable doubt that the end user read and clearly understood the terms they were agreeing too when accepting the licensing agreement. Such agreements are worded in a manner that convinces end-users that they are legally bound, it plays on most people's socially programmed desire to be law-abiding.
     
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  16. natanelho

    natanelho GBAtemp Maniac

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    Making dumps for personal usage is completly legal. If u buy a game dump it and then play the dump on emulator/ on a dump loader on console itself then its legal. If u give tge dumped file to a friend then its illegal. Iirc if you sell the game to some1 you should delete the dump/never use it cause it is illegal. Thats considered piracy. Also if your friend uses your dump its considered piracy.
     
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  17. TeamScriptKiddies

    TeamScriptKiddies Licensed Nintendo (indie) Game Developer

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    this right here /\. However there's also this: http://gizmodo.com/the-new-dmca-rul..._source=gizmodo_twitter&utm_medium=socialflow

    and straight from the horse's mouth: http://copyright.gov/1201/2015/fedreg-publicinspectionFR.pdf

    Under the current exemptions to the DMCA its legal to "pirate" commercially abandoned games for personal use provided you don't redistribute it in any way shape or form. Also the game has to be completely abandoned for this to be legal, meaning it can't be available on any sort of modern digital marketplace as a classic download. It has to be completely "out of print," only available for purchase secondhand pretty much. This is great for people who want play some classics that are super expensive to buy second hand on places like ebay, but they can no longer purchase the game otherwise. I use it for rare defunct sega saturn games quite a bit, as I refuse to pay a scalper $400+ for a rare import etc.
     
  18. vb_encryption_vb

    vb_encryption_vb That hardmod guy....

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    Long story short, nobody will come knocking down your door over a video game...

    Police have better shit to be doing.

    The following story may have happened or didn't you be the judge.

    Someone meets up with someone to sell them a pirated copy of Windows Xp, around the time Vista was released. When approaching the vehicle so the buyer could test the product, the seller notices the unmarked police vehicle. Stops in his tracks and says, I'm backing out of this deal and walks away saying he's not going to jail today.

    Officer admits to being a cop and says, " We have better shit to be doing, it's not like you're out here selling crack or other drugs"


    Based of said story, in order for police involvement, the following needs to happen.

    Complaint needs to come from Nintendo or complaint needs to come from video game manufacture.

    Now the latter can't come because EA, Rockstar, etc can't say hey he's running a pirated game on that console ( You case is Gamecube I think? ) Which has no network, so it can't detect your playing a game that is pirated.

    Nintendo, clearly don't give a shit. They won't be coming after you for pirating a game on an old system, hell they don't even put a ban hammer out for 3ds, wii u , etc ( To my knowledge they do ban but it's temporary at best )


    People running modshops, etc are at risk, but before legal action is taken a cease and desist order is issued first in most cases. I know this for a fact as I received one from Microsoft years ago during the Xbox 360 days.
     
  19. G0R3Z

    G0R3Z Just Can't Be Bothered

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    Here's the lowdown. Making a backup of a game you own - completely legal as long as you're the one ripping it. It's simply use of your own property.

    Downloading it? Illegal.

    Uploading? Illegal.

    Downloading when you own the game? Illegal - there is no second copy rule. By downloading a rom, you are still supporting copyright infringement.

    Modchips are in a legal grey area. Some countries have no problems with them. In the UK, it's legal to use them on your own console, but you incur the wrath of the company by getting banned if you go online in case you're cheating. But using them on your console is going to void the warranty (something that no gamecube has anymore anyway). I've done dozens of xeno installations, they're so easy to get ahold of.

    And others have said. Nintendo won't go after you over a 10 year old gamecube rom. They don't care and there is only a single game on the system with official online capability anyway - which has to use a third party server anyway. So I think you're safe. I just use some high quality mini-DVDs.
     
  20. LanHikariDS

    LanHikariDS Advanced Member

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    "Copying of any video game for any Nintendo system is illegal and is strictly prohibited by domestic and international intellectual property laws. "Back-up" or "archival" copies are not authorized and are not necessary to protect your software. Violators will be prosecuted" -F-Zero GX Manual (Though likely in all other Nintendo manuals)
    But, as was previously said, it's doubtful officers will come knocking over a video game on an outdated console.
     
    Last edited by LanHikariDS, Oct 6, 2016