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Xbox modding may be Fair Use, rules judge

Comments

  • #2
    TouchingVirus
    Registered Users, Registered Users 2 Posts: 8,584 ✭✭✭TouchingVirus


    What a person does to their console is their business. You shouldn't be able to nail a guy who's paid to provide what the owner wants for their own console. On the surface it'd be like me paying you to spraypaint my car and then BMW suing you for modifying the car (very basic analogy).

    The fact that the owner wishes to modify it to remove restrictions in place by the manufacturer is not a modder's problem as far as I'm concerned. To borrow and paraphrase EnterNow's analogy from another thread - Just because you have a knife doesn't mean you have to stab somebody.

    So often the middleman gets painted as an enabler - ISPs being targeted over their customers' internet usage, modders for modding consoles for people who then go around breaking copyright rules. When will they realise that if somebody breaks the law you go after them, leave out the middleman.


  • #3
    Myrddin
    Closed Accounts Posts: 33,733 ✭✭✭✭Myrddin


    Until I have to sign a contract on buying a console, I'll continue to mod them if & how I can. No amount of legal mumbo jumbo that you need an electron microscope to read, in the manual bothers me as I've legally agreed to nothing. Yes terms of use policies etc, that's all well & good for online useage etc, but in the here & now if it's for my own personal offline use - I'll do whatever the hell I like to a console.

    The recent PS3 exploit showed just how good a company can be at scaremongering. The fact of the matter is, piracy is a crime, and because a console is modded does not always equate to said crime. When does it become ok to open your console in that case? In twenty years time if my 360 is still going (hey, you never know :rolleyes:), can I still get arrested for putting a new dvd drive in it with spoofed firmware? Yeah, I thought as much.


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