Modding Illegal?

[W00g3rB00g3r]

Consoles can be copywrote, yes, but we buy it, it is ours, we can do whatever we want to it...AS LONG as we:
1 - Do NOT make profit off of their stuff
2 - Do NOT commit game piracy (giving games to friends, getting games, etc. without paying)
and 3 - Do NOT claim other's things as ours

[Tural]

Incorrect. It is illegal to circumvent copyright protections. This includes modification of a console, as well as making backups of games.

The Digital Millennium Copyright Act (DMCA) is a United States copyright law which implements two 1996 WIPO treaties. It criminalizes production and dissemination of technology, devices, or services that are used to circumvent measures that control access to copyrighted works (commonly known as DRM) and criminalizes the act of circumventing an access control, even when there is no infringement of copyright itself. It also heightens the penalties for copyright infringement on the Internet.

Even if you don't do the things you listed, therefore not violating the copyrights of the game and console, it is still illegal under the DMCA. A modified console does just that, it allows you to circumvent an access control. (Access control being something such as the console not letting you run homebrew applications, or run games off the hard drive.) Meaning if you do anything that the console was designed to not allow you to do, you are violating the DMCA. You apparently aren't as aware of the laws as you think you are.

In preparation for the onslaught of "ZOMG DAT ACT IS STOOPED": Just because you don't think a law is fair doesn't mean it isn't the law. It is, in fact, illegal.

[W00g3rB00g3r]

Code: Select all

http://www.gseis.ucla.edu/iclp/dmca1.htm

Does permit the cracking of copyright protection devices

[W00g3rB00g3r]

If that were the case, why would they give some people the official development kit and the Debug Installer? That is for making their own games and software for the xbox without ever being part of microsoft officially...

[Tural]

1) Don't double post.
2) That "cracking" clause is for testing purposes, that is not what this community is doing at all. It is permitting authorized cracking. I like how you left out a major part of that line in order to help your case. You are purposefully manipulating facts to win this argument, which you are factually incorrect in.
3) They give out developer consoles to developers, to, you know, develop games with...

It is illegal. It is. That's it. This type of modification of consoles and games is illegal. That's all. There isn't some hidden thing permitting it. It's illegal.

[OwnZ joO]

Consoles can be copywrote, yes, but we buy it, it is ours, we can do whatever we want to it...AS LONG as we:
1 - Do NOT make profit off of their stuff
2 - Do NOT commit game piracy (giving games to friends, getting games, etc. without paying)
and 3 - Do NOT claim other's things as ours

So you own the xbox brand now that you bought one?? You don't own it, you bought a license to use one.

[{N}Nawuto]

I know facts and law, and the fact is, modding is not illegal.
They ban Xboxes and Accounts because they don't want unfair advantages over others...
Are you saying modifying a car is illegal? No...modding is only illegal if you use it illegally such as game piracy...you can do whatever you want with whatever you buy, computers, Xboxes, cars, etc.
But some are saying it is illegal, please tell me why you think it is illegal?

Good point my brother keeps saying it is and he's way older than me!
It is not illegal

[Tural]

Good point my brother keeps saying it is and he's way older than me!
It is not illegal

Pure, unfiltered ignorance.

[W00g3rB00g3r]

Yes, please shutty, you make me look bad when you have nothing valid to say XDDDDD Lol

And a member from another site said this, I agree PARTIALLY TO IT:

ITS not illigal unless it enables you to do something else that brakes another law IE playing a copywrighted burned disk(thats what the modchip crackdown is about) modding disk maps is illigal because you need to have modded bios to play it
YES this leaves of couse the arguement of hotswap it is still illigal because modded or not its still a copy of a game even if you did by it once that does not intile you to have unlimited copies of halo 2
however modding the maps on the HDD ARE NOT ILLIGAL reason because it like DJ said its not saying to made a copyrighted thing its saying you simply applyed modifications to it its the modded dash tahts making it illigal not the maps them self so if you just put you "modded" dash on mod the maps then switch back to the MS dash you have not broken any laws
my defence is HALO CE for the pc all "mods" on a pc are 100% legal because once you bought it you are intilted to do what ever you want to those installed maps BUT you can not make copies of the disk

BUT


No, once you purchase it, you can do whatever you want (like I said) to it as long as you don't make profit, claim as your own, or distribute it (or get other things for free)

It even says you can crack it and stuff, and I consider modding it cracking it

And I'm not saying that I own the whole Xbox thing, but they CANNOT take away your Xbox (FED's, gov't, etc.) if you aren't doing anything illegal, you can modify your console as long as it isn't effecting anyone and not breaking other laws, you can do whatever you want to it without it being illegal...unless you break other laws...

And still, ok fine, leave out the development consoles, the modification isn't illegal, do you know how easily MS could have websites shut down? It would've already happened, you do a "google" search of halo 2 mods and BAM! They report ALL the websites and they would get shut down...

[kibito87]

W00g3rB00g3r, you have been proven wrong on multiple occasions now. I suggest you stop. It's illegal. You can't argue when there is factual evidence posted right in front of you. You are wrong, Tural is right. Please, this is nonsense now, just stop.

[Tural]

First of all, it is illegal. You violate the DMCA when you modify a console to enable you to bypass access control. They control your access to it, not allowing you to run games and software on the Xbox hard drive. If you install a modified dashboard and whatnot, you are bypassing that access control. That makes it illegal under the DMCA. I don't see what's so hard to understand about that.

Also, I already said (Very clearly, I might add) that Microsoft or other companies could choose to have sites shut down and people tried at any point they want to. However, they don't really enforce it as long as it isn't hurting their business, because the cost of the legal battle would be greater than the loss to their profits.

[SHOUTrvb]

It's illegal. I know no one likes to be proved utterly wrong, but you need to accept that Tural has you on this one (and most likely will on anymore to come). Also, the car analogy fails as well, because certain modifications to a car *are* illegal. First think about the term "modification". To alter something's original state. By creating a profile in Halo, or installing a new map, I have "modified" my game, but I have done so on legal approved grounds set for that game. Then I go and rip the data from my disk, alter the maps and up the weapon damage, and change parts of it. I have just then violated my warranty, and any other right I had to owning the game. The statement was made that "we're buying the right to play someone else's game", and that is true. We didn't make the game, but the people who did were kind enough to share their creation with us as long as we payed their set fee and played by their rules. Just because you bought the game, doesn't mean the content is entirely yours.

[AFuzySquirrel]

but theres one problem. when you buy an xbox you also buy a license to use it. if you mod you break the license thusfor its illegal. but thaeres a catch.

its your hardware. you purchased thusfor you should be able to do anything not illegal with. such as smash it into 300 pieces. thats what gets people out of trouble in courts. same with halo. you bought a licenese but also the CD. you should be able to do anything not illegal to them. as in burn the CD.

now what is illegal is the files you mod with. the dashboards are illegaly made with the XDK so they are illegal. but modding halo 2 is not. what we distribute are patches which contain only the changes we made to the game. not the maps. or shall i say .map files

[SHOUTrvb]

Your first point held some water, but the last one poured it out again. Breaking your system (as long as it's unintentional) is why they have a warranty. They'll fix it for you. It's within the rules. Breaking the files isn't.

[AFuzySquirrel]

my point is that modding your xbox isnt illegal nor is modding halo 2.

but using a custom dashboard is. for one reason is that they are ALL made illegaly with the XDK. these people dont own rights to it the illegal compile dashboards with it.

[Tural]

Modding the Xbox is illegal, therefore the execution of modified content on said Xbox is illegal. Meaning it is not illegal to modify the maps, but it is illegal to play them on a modified console, in an indirect sort of way. Yes, modding the Xbox is illegal. It doesn't matter what dashboard you're using. If you are circumventing access control (The Xbox doesn't allow you to play modified content by default, you have to go around that access control), then you are committing a crime.

[killarzachary]

Modding the Xbox is illegal, therefore the execution of modified content on said Xbox is illegal. Meaning it is not illegal to modify the maps, but it is illegal to play them on a modified console, in an indirect sort of way. Yes, modding the Xbox is illegal. It doesn't matter what dashboard you're using. If you are circumventing access control (The Xbox doesn't allow you to play modified content by default, you have to go around that access control), then you are committing a crime.

A crime without punishment right?

[Tural]

Basically. As I've said, they don't express an interest in hunting down people because the costs of doing so outweigh the money they lose. As long as you aren't hurting their business (Selling stuff, etc), they don't appear to be looking to charge you.

[AFuzySquirrel]

ok but as i said... modiing in general to ur xbox. a mod is considerd in my point as "cutting a cable inside" isnt illegal.

but as i said before EVERY dashboard is illegal. yes not only does it circumvent the protection but as well ALL ARE MADE illegally. every one of them.

[Tural]

ok but as i said... modiing in general to ur xbox. a mod is considerd in my point as "cutting a cable inside" isnt illegal.

but as i said before EVERY dashboard is illegal. yes not only does it circumvent the protection but as well ALL ARE MADE illegally. every one of them.

You're playing technicalities. Well obviously things like that aren't illegal, but that is 100% irrelevant to this topic, so why even bother making that point?

This whole discussion implies dashboards, because 99% of the time, modding the console and installing a dashboard go hand-in-hand. Again, there really wasn't much of a purpose for presenting that point, because it's not really what we're talking about.