Home Gaming Modifying your console is legal in the EU

Modifying your console is legal in the EU

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homebrew

The Court of Justice of the European Union has now decided that it’s okay to circumvent the software protecting a console from being cracked wide open is ok, as long as you’re not using it to play pirated games. Essentially, they’ve determined that homebrew is find and dandy.

It all came about because Nintendo’s been trying to stop a retailer from selling software and systems that bypass the copy protection on the DS and Wii that allows users to do things like watch movies, play MP3’s and other things you’d rightly expect any modern system to do. (The PlayStation 4, curiously, currently allows none of that). Nintendo argues that those countermeasures allow “the illegal use of videogames.”

via Polygon:

PC Box, naturally,  disputes this claim, saying that Nintendo are bullies who "prevent use of independent software, which does not constitute an illegal copy of video games, but which is intended to enable MP3 files, movies and videos to be read on consoles, in order to fully use those consoles."

Doesn’t matter though, because the courts have decided to side with PC Box. In principle, as a one-time homebrew aficionado I stand by this, and love the idea of hacking a console to increase its capabilities; the problem is when those capabilities include wanton piracy of games; a very stark reality for both of the systems mentioned. The DS and the Wii are frightfully easy to hack, and playing copied games on them is beyond easy.

The court states that "the legal protection covers only the technological measures intended to prevent or eliminate unauthorized acts of reproduction, communication, public offer or distribution."

Nintendo, however, will "continue to fully engage with the Milan Tribunal, from whom the reference to the CJEU arose, in order to allow it to reach a considered reasoned decision in the civil case between Nintendo and PC Box

"Furthermore, since Nintendo only ever utilizes technological protection measures which are both necessary and proportionate to prevent widespread piracy of its intellectual property, and since the preponderant purpose of the circumvention devices marketed by PC Box is to enable piracy of legitimate video games, Nintendo is confident that the application of the guidance set out by the CJEU relating to proportionality will enable the Milan Tribunal to determine that the sale of circumvention devices is unlawful," the statement reads.

"In the meantime, Nintendo maintains that the commercial dealings in circumvention devices infringe copyright laws as well as other intellectual property laws and Nintendo will continue to pursue those involved in the distribution of such devices."

A similar case happened in the US with regards to Apple’s Idevices and Jailbreakers, where it was determined that jailbreaking was completely legal.

Last Updated: January 24, 2014

13 Comments

  1. Umar Break Dancing Cyborg

    January 24, 2014 at 12:08

    And rightfully so

    Reply

  2. RinceThis2014

    January 24, 2014 at 12:15

    Mmm, have mixed opinions on this. Nintendo is not doing well in sales so pirated games will hurt them big time. That being said, if they allow people to do normal things like watchin movies or listen to MP3s maybe that will increase the size of the apple, which, let’s be honest, is about as big as Justin Beiber’s at the moment…

    Reply

    • TiMsTeR1033

      January 24, 2014 at 12:18

      Wii u is easy to hack, can use a softmod on it just as you could with wii. really scary how easy they are to get pirated games playing on them.

      Reply

  3. Sir Rants A Lot Llew. Jelly!!!

    January 24, 2014 at 12:32

    Bravo!! Bravo!

    Not for pirated games, just that the law is finally starting to see that it’s not ok to lock down a system in the name of “piracy”.

    Reply

  4. Alien Emperor Trevor

    January 24, 2014 at 12:34

    This is good news. When you buy a product it’s yours to do with as you please.

    Reply

    • RinceThis2014

      January 24, 2014 at 12:36

      Ya, like buying a car, and removing the breaks 0-O

      Reply

      • Alien Emperor Trevor

        January 24, 2014 at 12:39

        Yes, even that. The fact someone can make a bad choice doesn’t mean you get to remove all choice.

        And it’s “brakes” 😛

        Reply

        • RinceThis2014

          January 24, 2014 at 12:41

          Whatever it is, you better check yours sonny…

          Reply

      • Hammersteyn

        January 24, 2014 at 12:40

        Or putting a jet engine on the back seat. MURICA!

        Reply

    • Michael

      January 3, 2015 at 05:16

      Yes but if it’s at the cost of the foundation that game developers rely on to make new games and companies to improve their systems then it’s not ok, if you are allowed to ‘mod’ you’re consoles then your fundamentally saying that it’s ok to make pirated games and play them and if that’s all fine and dandy then the nice order that brings us new and exciting games begins to crumble and then no more more of those games and we all miss out because people are given too much freedom. Yes it may be yours but the firmware is there for a reason and you shouldn’t be aloud to mess with it because it could affect the entire gaming industry very negatively.

      Reply

  5. Hammersteyn

    January 24, 2014 at 12:41

    I think it’s nice that they trust people not to play pirated games on their consoles.

    Reply

  6. geelslang

    January 24, 2014 at 12:49

    Just for interest sake, in the Netherlands its not punishable by law if you download movies or music. Same in Switzerland. Its weird, they say a download ban would go against the free and open Internet.

    Reply

  7. That Guy Jon

    January 26, 2016 at 10:38

    It’s your hardware. Do what the hell you want with it!

    Reply

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