The EFF thinks you have the right to modify your gaming console, but are they fighting for the wrong legal precedent?
There are obvious advantages to jailbreaking your gaming console or mobile device. For starters, you get rid of the often-clunky manufacturer’s OS. You also earn yourself access to dozens of applications you couldn’t get any other way, like homebrew games and old-school emulators. Oh, and sometimes you acquire games through less-than-legal means.
Like it or not, concerns over piracy seem to be irrevocably intertwined with the jailbreaking argument. While the EFF, the organization behind the latest push to earn legal protection for console jailbreaks, would argue that jailbreaking a console doesn’t violate copyright law in and of itself, it would be foolhardy to assume that a significant number of systems aren’t jailbroken just for the ability to play pirated games.
But here’s the real question – if you purchase a console from Microsoft, are you legally obliged to use the system in the manner they dictate? There is absolutely no argument that favors jailbreaking when it comes to online play -Xbox Live is a service, and you agree to follow the rules of the service when you sign up. The same goes for PSN. However, jailbreaking your console and playing offline surely doesn’t violate any ongoing customer agreement, and if you’re not stealing games it shouldn’t really matter to Microsoft what you do with your console.
If I want, I can purchase an Xbox 360 and use it as a coaster. I could smash it with a hammer, or strip it and use the case to hold my super-secret diaries (of which there are many). I can do whatever I want with it, except apparently change the way it operates. If I touch the Xbox firmware, I could be in for a mess of trouble.
Right now, there’s no legal status on jailbreaks. The EFF won a victory by securing the legal right to jailbreak mobile devices, but the issue is still very much in the air when it comes to consoles.
Personally, I’m landing on the side of legality – if your console mod doesn’t violate copyright law or an ongoing terms of service, I think it should be considered an acceptable way to use the device. It’s like a pipe – owning one isn’t illegal, but packing it with weed is (depending on where you live).
Console jailbreaks are all about what you pack them with.
What do you folks think? Should jailbreaking be illegal?
The EFF thinks you have the right to modify your gaming console, but are they fighting a losing battle?