EFF Seeks DMCA Exemption for Console Modders
EFF Seeks DMCA Exemption for Console Modders
Posted 12/02/2011 at 3:01pm
| by Paul Lilly
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The Electronic Frontier Foundation (EFF) is urging the U.S. Copyright Office to renew and expand exemptions to the Digital Millennium Copyright Act (DMCA) that were granted last year in response to EFF's requests to protect certain modding rights. Specifically, EFF played a critical role in making it legal to "jailbreak" smartphones, and the organization wants the DMCA to grant the same freedom for electronic tablets and videogame consoles.
"In the exemption requests filed today, EFF asked the Copyright Office to protect the 'jailbreaking' of smartphones, electronic tablets, and video game consoles – liberating them to run operating systems and applications from any source, not just those approved by the manufacturer," EFF said in a statement. "EFF also asked for legal protections for artists and critics who use excerpts from DVDs or downloading services to create new, remixed works. These exemptions build on and expand exemptions that EFF won last year for jailbreakers and remix artists."
EFF Intellectual Property Director Corynne McSherry criticized the way the DMCA is written, saying it's "supposed to block copyright infringement. But instead it can be misused to threaten creators, innovators, and consumers, discouraging them from making full and fair use of their own property." Modder Geroge Hotz knows this all too well. Hotz is a notorious iOS modder who got himself in hot water when he hacked a PlayStation 3 console and then posted root keys of the PS3 on his website. He essentially figured out a way to jailbreak the PS3, which would have been legal on a smartphone. He settled a subsequent lawsuit with Sony and later landed a job with Facebook.
If EFF gets its way, the simple act of modding a console would not be illegal, though using a jailbroken console to circumvent copyright would still run afoul of the law.
"Technology has evolved over the last three years, and so it's important to expand these exemptions to cover the real-world uses of smartphones, tablets, video game consoles, DVDs, and video downloads," EFF Senior Staff Attorney Marchia Hofmann said in a statement.
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Emmit066
December 07, 2011 at 12:42am
Both my PS2 & my Wii are soft modded so that I can run all my games that I legitamately own without having to bring every single disc & case with me when I travel. If I were to own a PS3 or XBox 360, I would like to have the option/ability of doing the exact same thing.
AndroRabbit
December 04, 2011 at 1:00am
They're not actually talking about modding. Modding normally is physical modification of the device, same as with PC case mods where you make it look like the egg sacks from Alien or whatever. But the EFF is talking about software "hacking" and the like, which is not "modding" and not even the same as the old "mod chip" mods.
I hope the EFF lawyers know what they are actually asking for, else they're just going to get laughed at.
Carlidan
December 04, 2011 at 4:04am
Modding is a slang expression that is derived from the verb "modify". Modding refers to the act of modifying a piece of hardware or software or anything else for that matter, to perform a function not originally conceived or intended by the designer. The term modding is often used within the computer game community, particularly in regard to creating new or altered content and sharing that via the web. It may also be applied to the overclocking of computers in order to increase the frequency at the which the CPU operates. Case modding is also a popular activity amongst many computer enthusiasts which involves the customization of a computer chassis or the installation of water cooling technology. In connection withautomobiles, modding often refers to engine tuning, remapping of a vehicle's engine control unit or customization of the bodywork.
Video game consoles
A common example of one kind of modding is video game console mod chips, which can allow users to play homemade games, games legitimately purchased in other regions, or legal backup copies, but can also allow illegal unauthorized copies by allowing the player to play personally recorded CD or DVD copies of video games. Modchips, in their current form, were first available for the Sony PlayStation (and later the PlayStation 2). Various other types of copyright circumvention systems also existed for the Nintendo 64 and the older Game Boy consoles (though neither include actual modding, but instead backup devices).
[edit]Types of modding
There are two different ways of running unsigned code on a game console. One is through soft modding (modifying software, normally using a softmod) to allow the user to change data contained on its hard drive in the case of the Xbox. Another type of modding, known as hard modding, exploits the BIOS of the console to run unsigned code, or games. This form of 'modding' (more correctly termed as hacking) is very popular as it is able to 'run' many different types of software. But soft modding is even more popular because of its ease of installation and its relatively low price (it can even be done for free with the right tools).
Another type of console modding is about appearances, much like computer case modification. Which includes, adding lights (most likely LEDS, cathodes or other electro-luminescent lighting). Cutting the game system case, to fit hardware and/or expose the internal systems. Cooling is a large part of console hard 'modding', including: heat sink upgrades, more powerful or quieter fans, some even go so far as to abandon common heat exchange to air all together by liquid a console (most notably in the Xbox 360, which initially had some heat problems).
Source: http://en.wikipedia.org/wiki/Modding
Your probably right it's considered hacking but some places jailbreaking modding because your modifying the OS. So maybe they can get away with it.
kixofmyg0t
December 03, 2011 at 9:46am
"using a jailbroken console to circumvent copyright"
But that's the point of jailbreaking consoles.
Seriously people who put the effort to "jailbreak" consoles do it to pirate games. What other reasons are their?
HeartBurnKid
December 04, 2011 at 8:29am
Play homebrew games, install different software (like media center software, for example), play backup copies of games, rip games to the hard drive and play them without having to constantly insert the disc, etc.
Seriously, these aren't esoteric concepts. For example, XBMC was originally developed for the original X-Box as a homebrew app, and was popular enough that people bought and modded X-Boxes just to use it, even after the X-Box had been discontinued.
kixofmyg0t
December 04, 2011 at 3:23pm
Name some good homebrew games then.
Bet their arn't more than 10.
I understand that you can rip games to the hard drive so you don't have to use the disc.....but seriously dude consoles arn't portable. It isn't a hassle to keep the discs. Prime example is on PS3. They dont make a hard drive big enough to fit even half the games I have. Metal Gear Solid 4 is a 50GB game by itself. Hell I have well over 160GB is JUST game install data on my PS3. "Making Legal backup's" and "Copying the games to the HDD" just isn't viable.....UNLESS I GOT THE GAMES FOR FREE then I would put up the hassle.
I know you're trying to defend the act of modding and all. But you can't argue that this kind of thing allows people to pirate games and who is gonna do the legal way when games can be free?
warptek2010
December 03, 2011 at 12:02am
Thank you EFF for standing on the side of our freedoms! Funny thing is, you can take a device and throw it from the 12th floor of a building and the maker wouldn't give a damn, but open it up and possibly make it better??? No way, can't have that! Bunch of A-holes.
Holly Golightly
December 02, 2011 at 6:50pm
It was unacceptable when Sony stopped PlayStation 3 owners from upgrading their consoles to Linux. Although to be honest with you, I do not see any real advantages to a 6 year old console. Why give Sony all of that money in the first place when you can build your own PC from the ground up?
The way I see things is... If you buy something, it is yours. It does not matter if it is a smartphone, tablet, console, or computer. If it is yours, you are free to do whatever you want with your product. Although don't tell that to Apple or you'll get sued. Change is in the air, and this will be a welcoming change no doubt.
kixofmyg0t
December 03, 2011 at 9:43am
I'm "meh" about Sony removing Linux support. It was a cool feature but not useful for anything.
I do believe that what you buy IS yours as well.....but you can't do ANYTHING you want with it. Example? I buy a car. I should be able to make it as LOUD as I want and drive anywhere and anyway I want right? Nope. Their are laws against such things. The whole modding console deal is similar because lets face it what's the FIRST thing people do once they mod their console? Pirate games. It's a fact. I've done it. I've have many friends that have done it and I lived in South Korea for 3 years where not a single thing there ISN'T pirated.
I think "jailbroken" consoles could find a place someday. But only when disc formats are gone and Sony/Microsoft go digital distibution only like iOS and Android. That way at least they will have a revenue stream to stay in bussiness.
Malefactor
December 03, 2011 at 12:08pm
Actually, that's not necessarily true. While it is one possible use, there is also the option to create/download homebrew games, games which have been created by independent developers, but that are not published in the PSN.
Also, some people used Linux on their PS3's. It was a touted feature and a selling point when we purchased the consoles, then it's taken away with little to no warning. By jailbreaking the console, this could be done again.
Piracy is not the only reason to jailbreak a console, that's just the rhetoric that Sony wants you to believe. ;)
kixofmyg0t
December 03, 2011 at 2:58pm
Umm actually if I were to "jailbreak" my PS3 you can bet you bottom dollar I would never EVER BUY a game again.
Why SHOULD I when it's all free? Why should anyone BUY a game when you could just jailbreak it and get everything for free?
Piracy is not the only reason to jailbreak a console, that's just the rhetoric that Sony wants you to believe. ;)
Dude it's a fact. Seriously why would you go through the trouble to play what? Ports of Minesweeper? I'm big into the PSP hacking scene and I can tell you I havn't BOUGHT a game in about 5 years. I have almost 70 games for it though. I know all about the "homebrew" games and the only good "homebrew" are emulators and some ports of classic PC games.
So ur wrong dude. Take it for someone who's actually into this stuff. The ONLY REAL REASON to "jailbreak" a console is to pirate games.
Carlidan
December 03, 2011 at 3:22pm
If you read his statement, he never disagreed with you that most people jailbreak to get free games. He just saying there are other reasons people jailbreak the consoles.
kixofmyg0t
December 04, 2011 at 3:28pm
And those "reasons" are just a cover to the REAL reason why people mod consoles. It's to pirate games dude. You can claim "oh it's for homebrew! really it is!" but it's not. The "homebrew" you're talking about is ISO loaders and digital signature bypassing.
Modding a console is for pirating games. I know I would do it if I modded my PS3 so ur defense is invalid.
Carlidan
December 05, 2011 at 1:12am
So you are for certain, ALL people mod is just to free games. NO EXECPTION, just to cover their asses. Sounds like you know all modders. Now again, you're right that probably alot of them do it just for free games, like yourself. But to say everyone who mod is doing for just the sole purpose is to free games is absurb. There are also alot of people who mod just to see if they can achieve something new with their products they bought.
aarcane
December 02, 2011 at 3:29pm
If anything, the terminology should be made generic, rather than expanded, allowing exceptions for modifying any device or virtual device, or anything that can reasonably be construed as a device, etc. to prevent or reduce the need for future modifications.
Carlidan
December 02, 2011 at 3:45pm
I agree with you. But I think they are doing baby steps rather than doing it all in.
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