Australian Law Set to Fine Modchip Users |
Ó
In an effort to comply with Australia's obligation under the Australia-United States Free Trade Agreement, a legislation was proposed to prohibit the use of devices and services that circumvent Technological Protection Measures or TPM. When the new law by the Australian Federal Government takes effect, users of mod-chipped videogame consoles could face fines of up to AU$6600. The distributors of said devices in turn could face fines of up to AU$65,500 and/or up to five years of jail time.The law covers "distribution, offering, provision and communication" and it no longer has to be "in the course of trade."
The short of that very legalised paragraph is this: when the law takes effect on the first of January 2007, all mod-chipped devices would be deemed illegal. Even journalists and bloggers could possibly face fines and jail time for writing about mod-chips or other methods of breaking copy protection systems.
Word of the legislation came for law firm Minter Ellison and a draft of the legislation was released for public comment earlier this week. A sharp user at CNET has inquired about what happens to users of devices that were already modded while they were legal? Are the citizens required to dispose of the devices? Are those users exempt? Does the law only apply to "newly-modded" chips?
Officially, there are exemptions to the law. The lucky ones are those who use mod chipped devices for computer security testing, law enforcement, and libraries. For the rest of the imported dvd game/movie using, homebrew loving Aussie folk, really sorry mates, you'd have to say good-bye to those modchips come the new year.
We'll do our best to keep you updated about the situation.
45 Jumps PlayStation celebrates 15th birthday
34 Jumps PSP homebrew - MHUSPEED v3
21 Jumps PSP homebrew - MacroFire v3.0.12
17 Jumps PSP homebrew - PSPInstaller v2
Contact Us:
The QJ.net Network |
 |
| Site | Feed |
| QJ.NET | RSS |
| Nintendo DS | RSS |
| PlayStation 3 | RSS |
| PSP Updates | RSS |
| Wii | RSS |
| Xbox 360 | RSS |
| MMORPG | RSS |
| Personal Computer Games | RSS |
| iPhone - iPod Touch | RSS |
| QJ.NET Forums | RSS |
Add QJ.NET
User Favorites - December
User Favorites - December
Categories
Archives
Accessories
Add-ons
Applications
Artwork
Batteries
Cheats
Deals
Emulators
Events
Featured Articles
Firmware
Flash Applications
Flash games
Game Demos
Games
Hacks & Exploits
Homebrew Applications
Homebrew Demos
Homebrew Development
Homebrew Emulators
Homebrew Games
Homebrew Themes
How-To
Humor
Imports
Interviews
Magazines
Mods
MY QJ
News
Off Topic
On Shelves This Week
Opinions & Analysis
Podcasts
Previews
PSP Go
PSP Minis
PSP Slim & Lite
QJ How-To Series
QuickJump QuickGuide
QuickJump QuickPeek
Reviews
Rumors
Scans
Screenshots
Site News
Titles
UMD Movies
Videos
Weekend Warrior
Wi-Fi
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
Comments [refresh]
NOES!!!!
THATS *****ING BULL*****
*****ING U.S TRADE AGREEMENT
GRRRRRRRRR!!!!! !!
Damn straight, hat is ****ing bull***.
It's our hardware, we should be able to do whatever the hell we want with it.
And it seems quite contradictory too. In Australia, any DVD player sold that is not region free must be able to be manually changed by the consumer. As long as the modification also allows the DVD to be region free - it can never be illegal.
My modded Xbox and DS+supercard wouldn't be half the systems they are in their original state
bah *****it. i'd like to see them try and catch me.
i'm not phased by this.
We have 2 modded xboxes in my house and they are sure as hell not going anywhere. Not to forget my region free DVD player and DVD-ROMS
*****!!!!! thats it im so sick of australia im going to the USA
this sux, all the effort eddy steven went to, to make mod chips legal in australia is now going down the drain!! man, this stinks, and are the fines in US dollars for AUS??
That's freaking insane, screw the U.S AND Australia, i'm moving to... uh... Japan. Actually, that would be tight.
I just read the full article and what's posted here is actually not very accurate. What the article actually states is that devices designed to circumvent copy protection are going to be deemed illegal. There's still scope for devices which are designed to circumvent region protection (as these were deemed unfair market segmentation by Australian trade law) and they're debating on how backup copies fit into the scheme. I'd say that current modchips could arguably be used to circumvent region coding and could therefore still be perfectly legal.
Somebody make a petition or something. Come on!!
ARRRRRRRRRRRRRG GGGGGGHHHHHHHH
IM EXTREMELY ANGRY
p.s. japan would be tight ;)
will this affect the ds lite flash card thing because i'm about to get a ds lite and all my mates have a flash card and i want 1 two
You know guys, this is indeed bad, and I am sad for you. I mean, whatever your government is going to do... sue you ? Why ? For using a modchip ? Completly ridiculous. Like someone has said "it's our hardware". It is. You paid money for it, so, the exchange being done, it's your console. After that you are allow to modify it however you want.
It's as if we'd buy something that wouldn't ever really be ours, does that makes sense to you ?
My concern for you guys is mostly, how will they track the modded systems... Basically, if you got a friend that is angry at you for some reason, and he/she knows you posses consoles with modchips and reports you, will they take all those seriously and do investigations ? And if they do, wouldn't they break the right of privacy and right of freedom ? As they have to inspect within your console, wouldn't be a privacy violation ? And what if you console is not chipped at all and opening it voids the warranty, will they compensate you if your console ever breaks whatsoever after their operations ?
All those questions that even them probably don't have any answers. All I can say, if you are to keep your modchip or any hardware modifications whatsoever, keep quiet about it.
On a side-note, I don't know if this concerns also Downgraded (or never updated for that matter) PSPs. I am not speaking about that modchip, I am speaking physically unmodified PSP. They are speaking about modchip, so, is it concerning the hardware only or also the firmware/software ? (Let me remind you, Xbox360 uses a DVD firmware update that basically do not require any modifications of the circuits itself, and the PS3 will have the same kind of firmware system as the PSP will and the Wii... well.. I don't know about the Wii but nintendo always been more trickier for some reason). Because if software is also concerned, forget about Action Replay/Gameshark as they do perform modification of the actual game software you are applying cheats to. Even if they are not "permanent" as a modchip, they are still modifications (able also to discover exploits leading to run backups and unsigned code).
Overall, you got all my sympathy. Good luck mates.
What a load of sh1t, you should be allowed to do what you want with your console. This is what happens when large corporations stuff large amounts of cash into a politician's wallet.
***** that. if you want a modchip, buy it before jan 07
you guys should read the article before you start calling foulplay. it doesn't actually say anything about modded consoles.
In the end if the american government gets there way we will become one of their bloody states, and have there laws, yay lets have all the aussies wilding guns that gona be real fun. I say screw the free trade agreement, the only reason the ausie people are stuck with the stupid thing is cause little, jonny"mono-brow"howard wants to be buddy buddy with bloody bush.
It's like saying that it's illegal to upgrade my PC!
I have 3 options if the law is passed.
1. Buy a hatchet from the local hardware and walk to the otherside of the continent to great parliment in my hockey mask.
2. Go on the Dole make the goverment pay for my gaming.
3. Japan is nice this time of century, さようならオーストラリア。
I'm leaning towards number 2 cause I'm lazy as.
Aussies, kick jonny\"mono-brow\"howard out come election time.. he\'s just a lameazzwanker ****ing up to bush and china...
this is one lameazz pc of legislation that stinks to high heaven. Aussies should be up in arms over this, what kind of politicians do you have running the country for yous?
They won't be saying bye to their homebrew. iTrips in this country (Britain) are illegal and my teahcers at school have them. It won't change a thing. They'll just import them and use them anyway.
I think the topic of my post sums up the reason the goverment does most things.
Like petrol for instance, why don't politicians care about petrol prices? Could it be because they don't pay for their own petrol.
For most politicains modding won't affect their lives, so they don't care.
then they need to do this to the Yanks to. Afterall, this is a US-Austrailian Trade Agreement.
1.) I seriously doubt it would be an highly enforced law; how would they find the chipped consoles without getting tip-off's
2.) With the PSP's hacks being totaly firmware and software based, I doubt we will need modchips in the future, you can even softmod PS2's... so really it kind of makes little difference.
The only big difference this makes, is pushes the modchippers underground, taking it away from legit companies that trade in the sale and install of chips.. as its legal at this time to do this.
My god have any of you whiny little teenage *****es even read the article?
It says nothing about modchips and if you read what they're doing there's a strong likelihood that they won't be illegal anyway. You stupid monkeys should do your homework instead of flying off the handle at any new law which threatens your life of piracy!
(p.s. i'm aussie.)
how many of us have pirate software? I mean any illegal software? the fines for that are like $20,000. ive even got a few burnt cds and dvds. but who gives.
No one is ever going to storm through your front door and catch you with this sht, ever. it just dont happen. whatever.
How many of us are using a legit version of windows?
Ive got 2 modded xboxes, 2 modded ps2s, and 3 modded psp's!! Screw this im not getting rid of my pride and joys! btw does this law include software mods ie softmodding on the xbox, boot discs for ps2 and homebrew on the psp?? coz they arent really modchips
Actually the article talks about all electronics with security features. That includes game consoles and the mod-chips (which will be illegal if the bill becomes law) that circumvent TPM's smart@$$.
actually, Chuckles, the article states that there will be a number of discretionary exemptions within the new ruling.
for example region free circumvention is ok, it also states that they're still debating on their stance on the circumvention of TPMs for the purposes of playing backups.
so any modchip that circumvents region free processes is ok, this would make anything in the current gen consoles fine as well as any xbox 360 chips that come out. you can always argue that modchips for those machines are for circumvention of region coding and that the circumvention of TPM is only a side-effect
also the PS3 modchips haven't been banned yet. it states that they're still debating as to whether or not to allow exemption for the purposes of creating backups. if they decide that allowing people to create backups is ok. then any modchip will be fine for the same reason as the region coding in the previous generation.
and in any case, like a number of people here have repeatedly stated, how on earth are they going to police it?
Does any body know how to find the exact information about this legislation