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EFF campaigning to legalize console mods

Posted Dec 3, 2011 at 4:00PM EST by Harrison E

Listed in: Homebrew Tags: console, console mods, eff, electronic freedom fund, intellectual property
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The EFF has started to talk to the US Copyright Office on making console mods legal, at least in the US. The group is currently seeking to have the Copyright Office broaden the exemptions of the Digital Millennium Copyright Act (The DMCA) to include the jailbreaking of phones, tablets and even game consoles. This would allow no legal recourse against those who run whatever operating system they want, or software for that matter, on their own purchased devices.

 

The EFF has said that the DMCA was supposed to block copyright infringement (which it only kinda does) but instead it has been misused to threaten the creators, innovaters and consumers of creative industries. EFF IP Director Corynne McSherry says that it "discourages" users from "making full and fair use of their own property...and hobbyists and tinkerers who want to modify their phones or [game] consoles to run software programs of their choice deserve protection under the law," which I could not agree more with.

 

I've always seen that people who have the choice, right and financial stability to own a console, have the right, foresight and nerve to do what they want with that console. They know the risks and responsibilities, more often than not technical rather than legal, and when they are making mods, they also have to purchase extra parts and will have the autonomy to do so. Why not let them mod their consoles if they are responsible for their own actions when it comes to modding?

 

However, any kind of legal hearings on the proposed exemptions will not take place till the spring of 2012, with any final ruling to be held later in October. 

Via [EFF]

 



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Comments 


 
# RE: EFF campaigning to legalize console modskeith_ 2011-12-03 20:02
people DO have the right to mod their consoles all they want. They just can't use those modded consoles to access the servers for PSN/Xbox live/etc. as per the terms and agreement everyone agrees to (or more specifically, what everyone justs clicks through) when they sign up.

If the EFF want to fight to get Sony/Microsoft/Nintendo/Apple/Google et al to recognize their ability to mod consoles AND access their servers, then that is different.

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# RE: RE: EFF campaigning to legalize console modsHiq 2011-12-03 22:06
Look at sony's lawsuit vs Geohot. Companies really do not like mods. Could be due to piracy...

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# RE: RE: EFF campaigning to legalize console modsUltimaXX 2011-12-04 07:28
Be careful with your usage of words like "rights" mate; it's difficult to tell whether you're talking about rights from an ethical perspective or a legal one, because when it comes down to legality it's all in the court's opinion.

I agree with you, it's our right to do with our products as we please, so long as we don't violate other laws in the process, such as (to give a non-traditional example) hacking servers we don't have access to or access services which prohibit modded machines from being connected.

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# RE: RE: RE: EFF campaigning to legalize console modskeith_ 2011-12-04 09:42
yeah, "rights" wasn't the correct term. It's more of "the ability to" in reference to modding. Soeone has the ability to mod all they want, as long as that modded console is never allowed to access a server ever again, or as long as said person never puts up videos or instructions on how to hack/mod the console.

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