EFF Campaings to Legalize Console Modding

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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EFF Campaings to Legalize Console Modding


The Electronic Frontier Foundation is calling on the U.S. Copyright Office to make console modding legal in the U.S.

You've seen the EFF's name on all those Humble Bundles [http://www.humblebundle.com/], but have you ever stopped to think about what it actually does? Stuff like this, for starters: the group is seeking to have the U.S. Copyright Office broaden exemptions to the Digital Millennium Copyright Act to include "jailbreaking" of tablets and game consoles, allowing them to run whatever operating systems and software their owners choose rather than just what's allowed by the manufacturer.

"The DMCA is supposed to block copyright infringement. But instead it can be misused to threaten creators, innovators, and consumers, discouraging them from making full and fair use of their own property," said EFF Intellectual Property Director Corynne McSherry. "Hobbyists and tinkerers who want to modify their phones or video game consoles to run software programs of their choice deserve protection under the law."

Every three years, the U.S. Copyright Office takes submissions for possible new exemptions to the DMCA's restrictions on DRM circumvention, and while changing the collective mind of a bureaucracy sounds like long shot, last year the Copyright Office declared that jailbreaking phones is lawful [http://www.escapistmagazine.com/news/view/102390-US-Government-Declares-iPhone-Jailbreaking-Legal]. "But technology has evolved over the last three years," said Senior Staff Attorney Marcia Hofmann, "and so it's important to expand these exemptions to cover the real-world uses of smartphones, tablets, video game consoles, DVDs, and video downloads."

Hearing on the proposed exemptions won't actually take place until the spring of 2012, with a final ruling expected to come in October. To learn more, check out eff.org [https://www.eff.org/press/releases/eff-seeks-widen-exemptions-won-last-dmca-rulemaking].



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TimeLord

For the Emperor!
Legacy
Aug 15, 2008
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I can see no way in which this can backfire!

Yep, all those lawsuits already from companies taking people like that guy to cracked the PS3 (can't remember his name) that got so much coverage. I can't see him taking the companies to court and claiming damages or whatnot.

Yep, nothing will go wrong...
 

Amnestic

High Priest of Haruhi
Aug 22, 2008
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"Campaings"? :p

I approve of EFF's actions, and I can only hope for their success.
 

Saulkar

Regular Member
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Aug 25, 2010
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Need more modding! In all seriousness I bought a book that explained on how to jailbreak the first Xbox. Playing Halo 2 online with a gun that fired ragdolls changed my life forever!
 

Xanthious

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Dec 25, 2008
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TimeLord said:
I can see no way in which this can backfire!

Yep, all those lawsuits already from companies taking people like that guy to cracked the PS3 (can't remember his name) that got so much coverage. I can't see him taking the companies to court and claiming damages or whatnot.

Yep, nothing will go wrong...
Well if companies want to RENT me something they can tell me what I can and can't do with it. However, when they SELL me something I am free to do whatever I so choose with it. If I want to put custom firmware on it or flash the DVD drive or throw it under a train it is of no tossing concern of theirs. When Sony, M$, Nintendo, and so on want to start letting me take their consoles home for 5 bucks a week or so then they can tell me what I'm allowed to do with it. Until then though they can kindly go bugger each other with sharp rusty objects.
 

Wolfram23

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Mar 23, 2004
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I approve. And maybe then, devs can stop talking with their asses about PC piracy and no profits.

When you buy something, it should truly be yours to do with whatever you want. I mean sure you'll void your warranty... so what? That's reasonable.
 

Ordinaryundone

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Oct 23, 2010
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On one hand, hell yeah, fight the power, down with the corporations telling us what we can do, etc.

On the other hand, if this passes get ready for a flood of homemade console knock offs and such extreme cheating in online games that it will be impossible to regulate.
 

Amnestic

High Priest of Haruhi
Aug 22, 2008
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Ashistheking said:
but surely if people hack thier console to get free games surely that would damage the industry ?
Possible, though I'd be willing to bet that the number who do so would be so insignificant that the industry barely feels it. Moreover, people can already pirate games and get them free on consoles as it is, and with recent reports of crazy record-breaking sales for the likes of MW3, I'd say the industry is fine at the moment.

Xanthious said:
Son¥, M$, N¥ntendo
If we're gonna play the currency game, let's be fair about it, aye?
 

Richardplex

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Jun 22, 2011
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TimeLord said:
I can see no way in which this can backfire!

Yep, all those lawsuits already from companies taking people like that guy to cracked the PS3 (can't remember his name) that got so much coverage. I can't see him taking the companies to court and claiming damages or whatnot.

Yep, nothing will go wrong...
He will lose if he does, because at that time he was breaking the law or whatever.
 

Xanthious

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Dec 25, 2008
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Ordinaryundone said:
On one hand, hell yeah, fight the power, down with the corporations telling us what we can do, etc.

On the other hand, if this passes get ready for a flood of homemade console knock offs and such extreme cheating in online games that it will be impossible to regulate.
It shouldn't be up to the consumers to give up their consumer rights just to make sure little Billy isn't cheating at Call of Duty. Valve manages to keep most of their games free of cheats on Steam and god knows there is all kinds of hardware modding going on in the PC community.

As for the flood of console knockoffs I fail to see how people being allowed to modify their legally purchased hardware is going to lead to any kind of rampant counterfeiting at all in the console market. The two are completely separate issues.
 

AstylahAthrys

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Apr 7, 2010
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Only way I dislike this is how easy it would be to cheat online. It could break multiplayer. Otherwise I wish them the best of luck and hope they succeed.
 

Buizel91

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Aug 25, 2008
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I don't think piracy would be a problem, the console would need to be connected to the internet, and when it is, Microsoft/Sony could monitor them, so people would still need to use the PC, and not directly pirate from console..

If people can mod PC's to death, why not consoles? Doesn't that mean that people can add bigger memory and better graphics cards?

I don't mod myself, but i can see it becoming popular if it was legal.
 

Wolfram23

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Mar 23, 2004
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First off, there's already cheating on consoles so I doubt that'll change much, if anything. Secondly, ever heard of PC gaming? Yeah, you can mod the shit out of your PC and yet the devs do a pretty good job of keeping cheaters out so I just don't see cheating as a relevant issue.
 

ph0b0s123

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Jul 7, 2010
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AstylahAthrys said:
Only way I dislike this is how easy it would be to cheat online. It could break multiplayer. Otherwise I wish them the best of luck and hope they succeed.
As said above, cheating is no more rampant in on-line PC games, even though the hardware system is completely open. This is not a valid reservation.

If jail breaking smart phones is legal, so is jail-breaking consoles, simple as that.
 

mjc0961

YOU'RE a pie chart.
Nov 30, 2009
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They should be allowed to mod, as long as the modders expect that they'll be removed from any online services offered (keep off PSN or Xbox Live with your modded consoles allowing you to cheat in games, jerks) and lose their warranty.