Did someone delete an XBox modchip question?

Originally posted by Dolph
Yes, it was deleted as modchips are illegal in the UK

Link to UK high court judgement

Hence discussion of them will be deleted.

-Dolph

Er, not wanting to get into an argument with a mod here but while PS2 modchips are illegal, XBox modchips are not actually illegal. They are supplied with a legal (Cromwell BIOS) and can be used for entirely legal purposes such as running Linux for example.

So the question was totally legit and didn't break any rules regarding legality as he didn't ask for information on installing or where to get an illegal BIOS or any other dodgy software.
 
Originally posted by Dolph
Erm, read the actual decision Brainiacs ;)

The reason the judge declared it illegal was not the use of Sony's bios, but the fact that the chips are used to circumvent copy protection systems which is a breach of the European digital rights act, so the judgement applies just as much to Xbox chips as it does to PS2 ones.

You may not like it, but at least try and read the information and the decision before you make yourselves look silly with irrelevant points ;)

-Dolph

1) They're not 'silly or irrelevant points'

2) Unless Microsoft take the issue to court Xbox modchips remain legal. There are many online retailers selling XBox modchips perfectly within the UK law.

3) The faq states "Providing or asking for information regarding "warez", "gamez" or any other software protected by copyright is forbidden." so anything posted has conformed to the rules.
 
Nismo: A fair point but it has to be a two way thing. I make every effort to stick to the rules as do most other people and the rules weren't broken. The mods must be respected of course, but we deserve a bit of credit too I think and not just slapped down like it felt we were here.

Anyway, on to new threads I think :)
 
Originally posted by Nismo
I cant remember the thread in question that was deleted, but if it involved mod chips then surely it was against the rules, no matter what context it was in :confused:

People need to realise the rules on this board dont necessarily reflect what it legal or illegal in the real world.

Some guy asked for a recommendation for an Xbox modchip which isn't a breach of the rules. If it'd been for a PS2 one it would have been. If he'd asked about useage of the modchip outside of Linux apps it would have been against the rules - the rules state no discussion of illegal stuff basically so the they weren't broken.
 
Originally posted by Nismo
Sigh...

But OcUK dont allow ANY mod chip talk WHATSOEVER, so its obviously going to be deleted. This has nothing to do with whats illegal or legal in the real world - its just OcUK's rules.

Well o.k, but it's not in the FAQ and my mindreading skills are a little hazy of late. The FAQ states no discussion of illegal stuff, nothing more nothing less. Nothing illegal was discussed so it's little wonder that people get a bit upset when stuff gets censored.
 
Been away for some lunch.

I didn't see what happened to the deleted/hidden thread after I posted my reply so in all fairness it could have crossed the boundry. The original question and my reply abided by the rules.

And as for legality:

UK law states that it is legal to modify an item that you purchace to alter its function or operation. The only reason Sony won was because they exerted a huge amount of pressure on various governments, some told them to go jump, but some governments such as France didn't. Sony then sued the chip manufactures through the French courts (and somewhere else I can't remember) thereby financially crippling them and putting them out of business.
In the UK it is still completely legal to modify items you buy and modchips come under this. The whole fuss over it mainly comes from the fact that nothing is clear and the laws don't actually offer a definative black-and-white answer. The Sony ruling is more of an anomly over existing law which actually contradicts it.
M$ have stated they have no intention of 'doing a Sony' so Xbox modchips should be safe.

(edit)

As a semi-sidepoint the modchips are sold on the basis of allowing the playing of import games not on the basis of doing illegal stuff. Just as DVDs are sold on the basis of backing up work or backing up DVDs you already own. In fact that and the whole issues of VCR equipment was the basis for the defence against Sony which has already been covered further up the thread.

(another edit :rolleyes: )

But of course that has no relevence to forum rules - which state no discussion of illegal things. If you want no discussion of legal aspects of modchips then that's another rule which you need to put clearly in the FAQ as it isn't covered by the present one.
 
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Originally posted by Nickg
but is it legal to buy dvd's etc from regions that are not of the same as the buyer happens to be in?

or is it just illegal to sell them?

Yes it's legal to buy them and offer them for sale outside of whatever region it's just that Sony and lots of others don't like it because it messes with their price fixing.
 
:D

Yup, it's going to be interesting times regarding the whole area. I know some people are trying to push legislation through America that would effectively outlaw IPods, usb pens etc. etc. etc. in fact we're all going to have to go back to pens and paper soon.

and I'm spent.

Dolph, mate I'm glad you've not taken this the wrong way - just because I have a different opinion as you it doesn't mean I don't respect you guys and what you do here, obviously you know that as you've allowed the thread to continue and I think it's been beneficial to all sides. So, cheers for that.

As for the rules, well I can see the problems associated with inserting things to cover specific topics all the time. Putting something in would probably be of benefit I suppose... oh I dunno :) It makes no difference to everyone who's read this but might clarify things for other people.
 
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