BST: Video Games, Music & Movies

No Pirated Software Sales/Trades Allowed

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Jun 28, 2004
432 posts
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Toronto
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If game backups/copies are banned Modded systems should be banned as well. The site moderators have a funny way of choosing what is illegal and what isn't. Modded systems are ILLEGAL in Canada and the United States for years because the Mod chips allow users to circumvent anti piracy measures built into the gaming system and play BACKUP/COPIED games! Mod chips are just a illegal as backups.

Example of Canada's stance on Mod Chips:

http://www.us.playstation.com/PressReleases.aspx?id=40
Dec 31, 1969
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Depending on which modchip is in the ps2 it can be flashed with a legal firmware ( wont play copied games, only homebrew elf files ). So technically its ok to sell modded systems. :lol:
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Mar 24, 2005
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Brantford
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Isn't it my right to make back-ups of any software I legally own?

I did notice that all the people mentioned in the above posted link regarding "Canada's stance on Mod Chips" were also caught selling illegal copies of the games.

How long will it be before we have to start "chipping" DVD players, CD players, MP3 players, etc.?

How can public photocopiers be allowed in libraries?
Let up for a second and that's where you'll finish.

See how Futureshop demos their products
Original RFD thread here
[OP]
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Nov 18, 2002
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George4twenty wrote:Isn't it my right to make back-ups of any software I legally own?

I did notice that all the people mentioned in the above posted link regarding "Canada's stance on Mod Chips" were also caught selling illegal copies of the games.

How long will it be before we have to start "chipping" DVD players, CD players, MP3 players, etc.?

How can public photocopiers be allowed in libraries?
sure it is, but its not within your rights to include those backups when you are not including the original retail disc with it. if you backed up 50 games to a harddrive and also included the 50 originals then we'd have no problem with the listing.
Jr. Member
Feb 9, 2006
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Well there was person advertising xbox modchips on a huge bill-board and advertised in papers in London, ON. They said it's not illegal to put a modchip in, it just voids the warrenty, but it is illegal once you put a game on it.

Same thing with downloading mp3's, it's not illegal to download them, it's illegal to upload them.
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Feb 15, 2006
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Brandon
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I believe that is the case as well. A modded console is in no way illegal, as the person has bought the console from the company and legally own it. Therefore, it is his right to modify it if he so chooses. But if you DL games, burn games that you don't own, etc, then you have not bought the rights to play the game,hence illegal.
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Nov 8, 2005
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i thought it was okay to own a mod chiped system but not use it in a way that would be illegal (using burned games). The same thing with those radar detectors in the states. You can own one but cant use one.

I might be wrong on this if i am correct me so i know to.
Before you embark on a journey of revenge, dig two graves.
Confucius

Heatware
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Sony Computer Entertainment America Inc. joined its trade association, Interactive Digital Software Association, in applauding the Canadian Department of Justice and the Royal Canadian Mounted Police for a precedent-setting conviction for the illegal sale and distribution of circumvention devices. The conviction marks the first time a defendant has been convicted under criminal statutes in Canada for selling modification chips ("mod chips"). Mod chips mimic the PlayStation technological security system to allow counterfeit and pirated PlayStation format game discs to play.

"This is an important case of first impression in Canada," said Riley Russell, general counsel, Sony Computer Entertainment America. "Sony Computer Entertainment America has been fighting circumvention devices like these within U.S. borders for years. We are pleased that our neighbor to the North has recognized the illegitimacy of these devices under applicable law."

In this precedent-setting case, defendant Robert Garby pled guilty in the Ontario Court of Justice in Ottawa to six counts of criminal code violation and copyright law infringement. Using evidence procured by the Canadian Department of Justice and Royal Canadian Mounted Police, Federal Prosecutors detailed Garby's actions to sell illegal mod chips and pirate games under the name "Kustum Komputers." Garby was fined $17,000 and sentenced to twelve months probation.

The U.S. Congress passed the Digital Millennium Copyright Act (DMCA) in October of 1998 that made illegal "circumvention devices" that circumvent a technological measure designed to control access to a copyrighted work. Sony Computer Entertainment America has successfully argued that mod chips are illegal circumvention devices under the DMCA in the United States, and the recent Canadian conviction recognizes that such devices violate copyright laws in other areas of the world.


"It illegal to sell or distribute tools that allow circumventing technical copy protection mechanisms."

It is also funny that the site moderators spend a lot of time locking and deleting posts regarding the sale of game accounts like World of Warcraft" and "Guild Wars", but promote the sale and distribution of Mod Chips, and Satellite Hacking Technology. I don't think the moderators have consulted a lawyer regarding the legal ramifications of what they allow users to sell and not to sell.

Generally it commands a great amount of resources to prosecute end users for the sale and distribution of Modification devices, so companies and prosecutors focus thier legal efforts on the distribution networks of Piracy devices. e.g. Websites, Retail outlets and Manufacturing facilities of Copyright Circumvention devices. End users are generally ignored, even though their activities are also considered illegal.
Newbie
Aug 26, 2004
79 posts
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so are we allowed to buy/sell recorded dvd shows... the talk about tv shows just died
Newbie
Nov 21, 2005
23 posts
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It isn't illegal to mod your system, you own it. You've just voided your warranty. Just as it is illegal to copy games or movies that you don't own, but you are allowed to make backups of media that you do own, no matter how difficult they make it for you.
You can't sell ia modded system though.

On a side note, you can't mention if a system for sale is modded in the forums, but you can say "contact me for more information" and do your dirty work on your own.
Newbie
May 26, 2006
11 posts
Kitchener, Ontario
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OMFG. People. Modded consoles are 100000% legal. You own the hardware. It may void your warranty, but you can do whatever you want to your own hardware. There are plently of legal reasons to mod a console - XBMC for example on the xbox - it is simply an uber-dashboard application that allows you to use your xbox as a media center for playing video/audio content on your TV over your network or from the internet.

That is why mod chip sellers / installers in the States & Canada are allowed - they preform a legal service.

The line, at least in canada, is the sale/distribution of pirated content. It is 100% legal to backup your own material. Under the 1993 precedant law of the Crown vs. Sony (known as the "Mix Tape" law) it is legal to buy CDs, make a mix tape of the songs from those CDs, and give them to a friend. THIS IS 100% LEGAL IN CANADA. That is why no one in Canada has been prosecuted for simple possesion of pirated music/video content. It is when you begin mass producing/sellling/distributing pirated content that the RCMP step in and bend you over the counter.

Summary: Under the MixTape law precedent (Canada Only) you can have any pirated content on your computer without fear.

SEE ALSO: Canadian Privacy Laws. It is completely ILLEGAL for a Canadian ISP (internet provider) to disclose your Address/Name/Phone Number to an outside entity who complains that your IP address is doing illegal piracy. So if the RIAA or the MPAA call a Canadian ISP regarding a bunch of IP addresses, the Canadian ISP is obligated to tell the RIAA to shove it.

-telim

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