UK court rules that modchips do not circumvent copyright protection

Here in the US, we've heard some pretty terrifying experiences about selling modchips, but it seems as if higher-ups in the UK are being a bit more reasonable about the whole thing. Reportedly, UK-based MrModchips was cleared of all 26 counts against him for his role in importing and selling console modchips, as the Court of Appeal Criminal Division (Judge Justice Jacobs, in particular) ruled that said chips do not circumvent copyright protection. Better still, the defendant was "awarded full costs as a result of his successful appeal," and we can only assume he was smiling all the way out of the crowded courtroom. Chalk one up for the little guy.

[Via Slashdot]

[paul34 @ Jun 13th 2008 11:03AM]

Stick it to the tyrannical MAN!

[Pete @ Jun 13th 2008 11:04AM]

Good for him, now if only we could see the same results stateside...

[MOD CHIPPING IS KOOOEL @ Jun 13th 2008 11:22AM]

Well its certainly a win for the man!, but unfortunate for anyone in the UK who has ealt with Mr Mod Chips Store will realise he isnt such a nice guy, just google mr mod chips for reviews on his never arriving, no reply to email and theft like ways!

[Anon @ Jun 13th 2008 12:12PM]

Indeed.. I still haven't heard back from anyone here in the US. They raided my shop, took my stuff, and have disappeared for 10 months. While I suppose no news is good news, I'd rather not have this continually hanging over my head. At least here's some good news from across the pond; here's to hoping it happens here to (and kills of the DMCA to boot). USC 17 § 1201 (The anti-circumvention clause of the DMCA) is quite probably one of the worst, most corporate biased, and unfair laws on our books at the moment. Making it illegal to merely access a copyrighted work, even if its for otherwise legitimate and legal purposes is downright moronic and falls far short of a law that makes sense.

Corporations have been abusing copyright to extort money out of consumers for too long and it needs to stop. Making someone pay for a DVD and then pay again to legally be able to watch it on their iPod is simply unfair. If I want to modify my console to turn it into a media center or a linux box I should have every right to (As I should to be able to run my otherwise legally created single backup copy under fair use laws). If I want to fix my xbox's broken hard drive myself without paying microsoft an exorbitant amount of money, I should be able to (something only possible with a modchip as m$ locks the hdd to the Motherboard and wont normally boot with an unlocked hdd). If you use modchips for piracy then you should indeed be prosecuted, just as if you use a baseball bat to kill someone. But to make tools that have many, many legal uses illegal is simply not reasonable or fair.

[JohnM @ Jun 16th 2008 2:25AM]

Erm, that's where you're wrong. You can swap in a different HDD without the need of a modchip, and it still work as normal. You can do it through softmodding, and a program in a PC.

[Mindfield @ Jun 13th 2008 11:05AM]

Wow. The nanny state shows a little common sense for a change. There's hope for Canada's beleaguered copyright issues yet.

[Mush @ Jun 13th 2008 11:10AM]

Canadian's DMCA is crap....

[thedesolate1 @ Jun 13th 2008 11:15AM]

The things done through Mod chips promote console innovation as present by the current consoles... The Wii plays retro games because previous modding in the last gen systems showed emulators being built by home brewers. This showed there was a demand for that. The ps3 has linux to cater to the open source community and plays a myriad of media formats and also plays imports because the mod chips of previous gens had these abilities and once again showed a demand for this. The xbox 360 took a number of pages from the media center capabilities that home brewers made for the first gen xbox. Not to mention the "arcade" system they now have was taken from home brewers trying to create their own code on the original xbox. Mod Chips FTW!

[OneLove @ Jun 13th 2008 11:16AM]

modchips for what?

[ethana2 @ Jun 13th 2008 11:20AM]

OSX dongle spoofs I hope...
..but probably mainly consoles

[paperless @ Jun 14th 2008 4:06AM]

Your brain

[Heem @ Jun 13th 2008 11:18AM]

Good Job Man, Screw them, I have a modded ps2 best thing ever.

[ethana2 @ Jun 13th 2008 11:21AM]

400 MHz MIPS w/ 32 MiB RAM?
Meh.

[TavisJohn @ Jun 13th 2008 1:38PM]

Sorry but a Modded XBOX with XMBC PWNS your modded PS2.

[XIYL @ Jun 13th 2008 5:12PM]

@ TravisJohn hells yeah i use my modded xbox way more than any other gaming console I own

[andyg8180 @ Jun 13th 2008 11:20AM]

woah woah woah... in the UK??? wow... talk about sticking it V style...

[fourthletter @ Jun 13th 2008 11:20AM]

So great for mod chipped consoles not so great for fuel tax and ID cards.

[Engadgetluvsappl @ Jun 13th 2008 11:22AM]

ID cards? What are you on?

[David @ Jun 13th 2008 11:27AM]

Fuel tax = good . Burning fuel = bad, kills planet

I love UK

[ID CARDIGAN @ Jun 13th 2008 11:28AM]

He is reffering to the ID card scheme in which every UK citizen would be required (compulsary) to have an ID card at a cost of around £150.00 ($300) paid for by yourself!, these cards will be linked to passports, driving licences, Bank and Financial institutions, credit reports, work places, benefit and goverment agencys and is a major league infringment of personal privacy,

safe to say no one wants them, and even MP`s on all sides are against them.

[Engadgetluvsappl @ Jun 13th 2008 11:34AM]

Exactly my point. We don't have mandatory ID cards here.

[Chromana @ Jun 14th 2008 7:10AM]

It isn't actually done in the UK. It was just an idea that was put forward that will never happen.

[BeniRose @ Jun 13th 2008 11:30AM]

Wait...but isn't that EXACTLY what they do? I mean I know they let you play any region of video games, but I thought they also let you play burned games, aka games that have circumvented copyrights, as well.

I'm all for it, I just want to make sure I'm clear.

[mcatrage @ Jun 13th 2008 11:38AM]

In terms of the original xbox they also let you run XBMC and other homebrew applications and of course linux.

[BeniRose @ Jun 13th 2008 12:07PM]

Yes, but they STILL provide a method of circumventing copyright protection, which is not the point of the chip, I understand, but how can you say they don't circumvent copyright protection?

[jason @ Jun 13th 2008 1:10PM]

Modchips do not circumvent copy protection because the copy is already made by the time it is inserted into the modified console. The act of playing back the copy is not what is illegal (fair use), making the copy in the first place is illegal. Therefore a modchip, unless used to specifically 'make' copies, is completely legal.

[neofolklore @ Jun 13th 2008 1:26PM]

....in the UK

[Silverfrog @ Jun 13th 2008 11:53AM]

As a note of caution,

Please be aware that several gaming sites, such as Gamespot.com, do not allow even the discussion of or talking about Modchips, hacks, or the like. 1st time offense will be immediate banning of your account.

I applaud Engadget for allowing a discussion of the subject. It's one that needs to be talked about.

[JMS @ Jun 13th 2008 2:48PM]

That's just silly. Censoring the discussion is probably one of the ways pirating is as prevalent as it is. When censored, and the facts kept silent, you have fewer people understanding the problem that faces copyrights and entertainment in general.

Over the past week I've done some research into copyrighting and digital theft, and as an artist myself, what's going on is NOT pretty. When you undermine people's ability to protect their investments, we will eventually cripple that artist's ability to entertain us in the ways we have become accustomed. It's a shame where this is all headed.

[Tyson @ Jun 13th 2008 12:10PM]

first thing they have done right in a long time

[LondonConsultant @ Jun 13th 2008 1:08PM]

This was yesterday's reasonable attempt at the right thing:
http://www.timesonline.co.uk/tol/news/politics/article4120888.ece

[Tyson @ Jun 13th 2008 1:18PM]

No that was dumb. If you want to represent the people and be an agent of change, you don't quit your job that gives you a legit vote to be that agent of change.

[LondonConsultant @ Jun 13th 2008 3:02PM]

It may be annoying for the Conservative Party, but I don't think anyone will know whether or not it was dumb until several weeks have gone by. He's as capable, tough and long-term as you can get...

[JeffNLA @ Jun 13th 2008 12:31PM]

I wish people would stop bullshitting about modchips being for “innovation” and personal creations… bla blla bla and just admit it’s for primarily PIRATING games.

I’m not against it, I’ve had modded consoles in the past. Fortunately I’m at a position where I can buy the games I want now, so I have no interest.

But lets call a spade a spade people.

[TrackSol @ Jun 13th 2008 1:06PM]

Guns are used primarily to kill people, but you can also use them to hunt for food or ward off burglers. They aren't banned or illegal. It's the actions of the person using them that makes guns evidence in a crime.

[Zach @ Jun 13th 2008 12:53PM]

A spade is a spade-people. Happy now?

[konshuss @ Jun 13th 2008 1:01PM]

since for example you can mod an xbox1 to run it as a media center, and can't buy such said media center from microsoft or unlock this feature via 'legal' means, makes it an innovation. how is that bullshit? and that's only one example, though arguing with 'blah blah blah' earns your argument extra irrelevancy points for missing the idea entirely. there's nobody NOT aware that you can pirate games with modded systems, but that's up to the USER, not automatically decided upon by simply having a chip. see the difference?

[neofolklore @ Jun 13th 2008 1:30PM]

We have an xbox1 in our house that has never played a game, original or copied. It has been a media center hub for two years. totally legit.

HAHHAA BUT BY THE TIME WE GOT AROUND TO THAT XBOX WE SOFTMODDED IT , SOFTMODS GOT SO COOL BY 2006 , DIDN'T EVEN NEED A MODCHIP.

not to be a buzzkill, but remember how XBMC is illegal kuz it was built with the XDK? yeh, yeh.

[Ryan @ Jun 13th 2008 1:39PM]

Is that Winston Churchill?

[Yamikotai @ Jun 13th 2008 6:09PM]

Indeed it is.

[sepirioth @ Jun 13th 2008 2:05PM]

Peer presure... ok here goes: {insert political comment here, seems to be the theme today}.
Jeez, finally someone who gets it right. As long as there is a legal reason to have it (read: backup your own personal colection etc, not your family dogs previous owners mother in laws grandsons) why would it be banned? Good for them.

[Coral @ Jun 13th 2008 3:31PM]

Not arguing your point, but you know, it's hard to take someone seriously when they misspell the name "Sephiroth" and have a flashing teddy bear as their avatar.

[Jammed @ Jun 13th 2008 8:24PM]

Like Anon, 15 federal agents came to my home at 6am woke my whole family and proceeded to take anything not nailed down. Laptops PCs my 6 yr old son's PS2 from his room. My friends 2 computers that I was repairing, 2 brand new MAC books as well as chips and for some strange reason PS2 slimline fliptops but no the old PS2 fliptops. The agents had no idea what I did. But thought that fliptops were modding and that I was installing them. I was left with a receipt of taken goods but no copy of the warrant. That was 10 months ago and not a peep, despite numerous attempts by my attorney to contact them. The broad use of the Patriot Act has diminished our rights and the DMCA has basically said screw you to the consumer. It appears that 1 individual has received notice www.fallsinc.com but that is pretty much it.

So much for freedoms which have been so eroded.

[Jarhead2012 @ Jun 14th 2008 7:55AM]

I must be a n00b, but what's a fliptop????

[Dyer @ Jun 13th 2008 9:34PM]

Whenever I buy a CD (which may or may not be very often) I
immediately burn a copy and put the original back in its case and put
it on my shelf. I only use the burned copy and keep the original in
case the burned copy gets scratched/ruined. I don't distribute burned
CD's to other people. I don't upload anything onto the internet.
Apparently, I am stealing the music off the CD's I bought legally.
The RIAA makes perfect sense!

My point is these laws are getting way out of hand. If you think we American's are truly free, you are either sheltered or in denial my friend.

[TickledPink @ Aug 19th 2008 12:12PM]

Under US law, copying from something that you already own for your own use is perfectly legal due to the fair use doctrine. In the UK, it's illegal to even do that because there is no such doctrine under UK law.

The RIAA won't (or shouldn't) go after you for copying something that you already own so long as it is for your own use. Now, share it with others with eMule and that's when they start getting shirty.

[TickledPink @ Aug 19th 2008 10:55AM]

Just like to point out that this ruling DOES NOT mean that modchips are legal in the UK. I've read the full judgement and he got away with it simply because the prosecution made an almighty screw up.

The original case that made modchips illegal still stands and the judge in this case made that clear. Unfortunately people have read more into the reports of this case than they should have. Most of those reports have come from pro-chipping sites, who have been a little economical with the truth.

I'm just waiting for the mrmodchips site to start up again to see if he's going to carry on selling modchips. From what I've read on other sites, he's a thoroughly unpleasant and arrogant individual, so I'm expecting him to do just that. If he does, he'll be rearrested and this time the prosecution won't make the same cock-ups.