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[Ecrofirt]

There's a possibility that some people at my school my get in trouble over stuff that I'm pretty sure is perfectly legal.

I've checked the copyright.gov site, but I'm not very good with the searches there. What I'm trying to find is something written into US law that says you can modify four own personal hardware as long as you don't put anything illegal on it.

I would imagine this would apply to anything from putting a different heat sink on a CPU to modifying an Xbox with a legal Cromwell bios.

If anyone can help (Jason, I'd imagine you can!), please do.

 

[Dujour]

I thought it was legal as long as you don't sell it. Hm, anyway, bump.

 

[borghe]

here is the deal....

AS WRITTEN in the DMCA, it is illegal. Anything you do to circumvent an electronic security measure is illegal.

Unfortunately inherently the DMCA is retarded. While it has some great wording to protect copyrights in the digital age, it also now makes it illegal to violate the DMCA without actually violating any copyrights in the process. So according to the DMCA, if I mod my xbox and all I do with it is play mp3's from my own personal CD collection on a GNU xbox media player app, I am still breaking the law even though I haven't actually broken any copyrights.

Now the only instance I have ever known that would actually test the DMCA was DVD Jon, who is in Norway and thus not affected by the DMCA. However I have a hard time believing that in an actual trial a company would have a successful time enforcing DMCA when no actual copyrights are being violated.

At this point the DMCA is nothing more than the VHS scare of the 80's. People are buying VCRs so they must be using them to pirate movies. People are buying mod chips so they must be using them to pirate games.

ironically my xbox has been modded for around a year'ish or so now and while used constantly I have never played a single pirated game on it.

 

[Ecrofirt]

so modifying your own personal hardware without intent to do anything illegal is stiill illegal?

 

[Shogmaster]

Thanks to DMCA, just thinking about doing illegal stuff is now illegal.

 

[Ecrofirt]

It certainly all seems to be a bunch of crap.

I can't see how modifying hardware--any hardware-- should do anything except void the warranty and EULA for said product, unless you modify it with something illegal.

For instance, if I wanted to swap out the heatsink on my processor, wouldn't that void the warranty? But I've modified my hardware, so now the DMCA says I've done something illegal?

Same goes for the Xbox. If I put in a chip that allows me to boot a perfectly legal Cromwell BIOS, and I put a cromwell BIOS on there, how have I done anything but void the warranty?

 

[ManaByte]

Modding an Xbox requires you to circumvent an electronic security measure, which is illegal.

 

[3rdman]

Yeah, basically you are not allowed to mess with electronics even though you've paid and supposedly own it.

 

[The Faceless Master]

It certainly all seems to be a bunch of crap.

I can't see how modifying hardware--any hardware-- should do anything except void the warranty and EULA for said product, unless you modify it with something illegal.

For instance, if I wanted to swap out the heatsink on my processor, wouldn't that void the warranty? But I've modified my hardware, so now the DMCA says I've done something illegal?

Same goes for the Xbox. If I put in a chip that allows me to boot a perfectly legal Cromwell BIOS, and I put a cromwell BIOS on there, how have I done anything but void the warranty?

if you put the cromwell bios there, or another linux bios, it's legal

 

[Ecrofirt]

I think we really need an expert in here.

What I'm talking about with the Xbox would be putting a legal bios on there. Hell, what if I made a backup of my MS bios (assuming that's legal), and put it on the chip? Have Ireally dont anything illegal there?

 

[The Faceless Master]

the linux bioses run linux... they don't break any regular copyright laws or dmca...

well, unless you believe SCO's claim...

 

[Shogmaster]

Yeah, basically you are not allowed to mess with electronics even though you've paid and supposedly own it.

The idea is I guess, that you own just the device, not the intellectual properties behind it.

 

[ManaByte]

What I'm talking about with the Xbox would be putting a legal bios on there. Hell, what if I made a backup of my MS bios (assuming that's legal), and put it on the chip? Have Ireally dont anything illegal there?

Putting the chip in the Xbox is illegal. It doesn't matter if you are putting a "legal" bios in the system, just modifying the system to allow you to do that is illegal.

 

[borghe]

the linux bioses run linux... they don't break any regular copyright laws or dmca...

well, unless you believe SCO's claim...

the circumvent the xobx's copy protection mechanism in the fact that you can run unsigned xbox programs (i.e. linux kernels) on the unit. you are correct in that they don't break any regular copyright laws but are incorrect that they don't violate DMCA. they most certainly do by circumventing the application signing of the unit.

hence why the DMCA is bullshit. because even though you aren't breaking any copyrights or violating any intelectual properties, you asre still "breaking the law" as written solely in that piece of legislature.

The crux of the matter though is what will actually hold up in court. It is my belief (as a non-legal expert) that anyone trying to sue SOLELY on the grounds of violating the DMCA without in any way violating actual copyright laws will lose.. but I guess we need to see that tested first.

 

[Deleted member 4784]

Don't listen to anyone here about the DMCA because very few if any have actually read it. Modifying computer hardware that you own falls into the category of aftermarket retrofit/fair use which the DMCA specifically states it will not infringe upon (see US Code Title 17 §1201(c)(1)). If act of modifying hardware in and of itself was illegal, then we would not be able to build or perform maintenance upon our computers. The only legal action I've ever been able to find involving the modification of computer hardware was that of MAI Systems Corp. v. Peak Computer, which sued not on the basis of hardware modification but on the fact that copies were made of a customer's computer programs in the process (Title III of the DMCA later acknowledged that this circumstance/context of copying was legal so long as the original programs being copied were legally purchased and licensed to begin with). I'd have to look it up and I don't have the time, but I'm sure there is some exemption in the DMCA in consideration to educational practices. I'm sure that if you looked up the DMCA and took the time to read through it, you'd be able to find a better answer to your question that anyone here could provide. If you're seriously looking for a legal answer though, then you'll need to go to an attorney.

 

[Ecrofirt]

Waychel, care to explain a bit more? I read through the title, and it went over my head for the most part.

 

[Deleted member 4784]

What it comes down to is the context of your use/modification. What I meant for you to focus on was US Code Title 17 §1201(c)(1) which states, "Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title [that being the DMCA]."