Modifying a game console punishable by 10 years in jail

A new release from the Royal Canadian mounted police indicates that modifying a games console such as the PS3 or Xbox 360 is a crime in Canada.

[ClownBelt]

We know. The place where I buy my games got shut down because of this. They were modding PS2 by putting chips inside of it, and the police got a hold of it and bam.

[dangert12]

so when you buy it you can't do what you want to it don't mod your xbox to use better fans or a led case =/ lol

[Mr_Bun]

According to google.translate, a website based in the netherlands, claims that the RCMP can put you in prison for modifying a video game console

It is more likely that you can't SELL a modified console

[koehler83]

This is actually being completely misrepresented. It is illegally to modify consoles commercially. There's nothing to stop you from modifying your own console. You can even backup copyrighted material for personal consumption.

This entire section of the law actually refers to stealing passwords, keylogging, data mining, copying ATM cards, etc. You can't modify a device to make a copy of someone else's data (Data you don't own a license for). It's fairly clear-cut.

[wicko]

No, it isn't even illegal to modify consoles as a business. It's illegal to sell pirated material and that is the entire reason the guy got busted! There are plenty of places, retail or online, that offer this service and have been for years. I mean, the place I go to is called Global Mods! It's not like it isn't obvious.

Whether it is illegal or not to sell an already modded console, I'm not sure. But there is certainly nothing illegal modding consoles as a service.

[pangitkqb]

Why? BECAUSE IT'S THEIR FREAKIN' PROPERTY! What is the point of ownership if it doesn't grant the owner freedom and governance in relation to that which is owned?

Piracy should be punished, because it is stealing, not modification. If I want to put rotating blades and radio signal receivers on my PS3 & 360 and use them as remote-controlled lawnmowers that is MY BUSINESS. Should I be punished for that?

As long as I am not using something to break the law I should be able to use it as I see fit.

Let's maximize freedoms here.

[4Sh0w]

You'll never see a guy arrested for a case modd or modifying his console to make a backup disc for content he legally paid for. The only thing that is illegal is playing or selling pirated games.

[karlowma]

You own the hardware, but the software is only licensed to you. As has been mentioned many times, noone is going to come after you if you want an extra fan in your Xbox. The intent is to curb piracy, specifically at a commercial level. This isn't a new law, btw. Just a much-needed clarification of it's interpretation. Look at the date of the source material for his article. Also bask in translation-free accuracy.

http://www.rcmp-grc.gc.ca/q...

MUCH mis(interpretation*conception* understanding) to follow.

[InFAMOUS1]

Technically the officer releasing the statement gave a half truthful version of the law. I read the article and picked up the phone and called my friend from university who is now a crown attorney for the government of Ontario Canada. This is what she said basically.

While that CCC(Canadian Criminal Code) states that is section 342.1 it is illegal to possess, sell, distribute, any computer device that has been modified to commit an offense under the CCC, there has never been a successful conviction of any one person charged under the act, for NON distribution purposes.
Basically this means that if you modify your console or computer and burn games that you already own, then you will never be taken to court. If however you posses MATERIALS to modify consoles and are selling pirated games then you will be charged and taken to court!

At the end of our conversation she said this
"The only time an investigation is launched is typically when their is either credit card fraud, or someone is making excess of 50k selling pirated software"

[Proxy]

A local case comes to mind where a school teacher embezzled around 12 million dollars from the school district over the years. She was convicted, and the judge was easy on her because she was otherwise an upstanding citizen. She did have to do some community service and pay 75,000 dollar fine.

I think we should start a list of crimes one can commit which will bring a smaller penalty than game piracy. Wouldn't be surprised if murder ends up on the list.

[Anon1974]

Nothing to see here, folks. The guy was modding systems and selling pirated games in Quebec. That is generally frowned upon in Canada. That being said, this part of the criminal code doesn't deal with the modding of consoles, but as Canada lacks specific laws regarding this type of modification, this is the section that the police will try to twist to make a case against modders.

The RCMP have only ever used this against people modding and reselling consoles AND selling pirated material. To date no one in Canada has served a day of jail time for modding their own consoles.

It's the courts job to interpret the criminal code, it's not the RCMP's job.

[JD_Shadow]

The gray area with this is what exactly constitutes as a piracy claim. That is the gray area; the blurred line that a lot of companies are doing what they can to KEEP blurred in order to be able to shape the laws to fit their bottom line instead of taking care of the consumer. This, in the US, is a form of special interests that is holding our congress hostage.

The problem is what does the "legal" owner do with the copy of software they got once they get it home. What is he or she allowed to do with it? The companies don't even want you to make back ups of that legal software (if it breaks on you, go buy another 50 dollar copy. Hey, we want them to curb piracy, right?), which is something that, as a consumer, you should ALWAYS have the right to do. This is because they don't want to have you giving that back up to a friend to let them play the game or watch the movie or listen to the music. This is not because they care about the law (if they did, they wouldn't be lobbying congress to push for these innane laws and getting away with draconian DRM in software). That is because that's another 50 dollars that goes not to the developer, director, or musician. That money goes to the officers at the top that is going to use that money to buy a new sports car, or take a trip, or get a hooker, or buy a new computer to "pirate" other companies' stuff.

This is a law devised to fit not the consumer, not the people making the entertainment, but to the people that sit in a comfy chair on the top floor of an office or a multimillion dollar company that sit back with their feet propped up on their big desk sucking on a Cuban that don't give a rat's ass if you live or die. The problem is that, like this law is, we want them to tackle piracy because for some reason, that's the absolute only reason any company ever loses money (maybe focus on if their products are absolute sh!t BEFORE trying to make excuses for why they won't change pricing or peddling habits) that we forget that consumers need to have rights too (rights that, at one point in time, we USED to actually HAVE).

[JackBNimble]

Do you guys really think that the R.C.M.P really give a sh!t?

You wouldn't get 10 years for possession of our awesome canibus, do you really think they're going to kick down the door for a modded console.

Funny the Dutch are the ones reporting this BS story.

[What Would Kratos Do]

Thats an interesting law.

So if I were to buy a car in Canada and modify it to go faster therefore making it easier for me to potentially break the speed limit, would that be illegal too?

[ClownBelt]

No and your example suck balls.

[What Would Kratos Do]

My point is that if I buy my console, it should be mine to do with what I want provided I don't use it to break the law.

If i want to put a handle on my 360 and use it as a hair drier then why should there be a law to stop me.

If I want to put wheels and an axe on my PS3 and use it in the next series of Robot Wars then why should anyone stop me?

[Eamon]

Although your example wasn't the best, I understood your point.

The thing is here, Canada is basically removing the consumer's right to do whatever he wants with his product.

This is ridiculous. The law is basically preventing people from opening up their console to do whatever they want with it including from replacing fans to adding chips.

And unsurprsingly this new law is so ambiguous and unclear that you can just smell that Canada's government were paid off by industry lobbyists to introduce the bill.

This is sad because this new law is unclear in what it's specifically trying to make illegal which obviously shows that it was all in the benefit of money hungry coorporations who claim they lose money due to piracy but in reality it's not true.

The day governments start introducing new laws for the benefit of a few rich men, that's when the world is on it's brink.

[kneon]

No one is going to arrest you for putting a custom case on your console or adding fans.

But if you modify your console to play pirated games/movies or to allow you to break the DRM on games or movies then then why shouldn't they be able to throw your ass in jail.

[Eamon]

kneon, that's like saying if you're walking in the street with a pen in your pocket, you have the potential to stab someone with it. Therefore if you're caught having a pen in your pocket, you should get arrested.

Don't be fooled by the lip service from these greedy type of hypocrites who's only purpose is to convince you that they are not taking away your right but only protecting themselves.

Companies want to maximise profit. If you continue to give in to them, one day they'll make it illegal for you to buy preowned games or they'll just turn everything into digital distribution.

Every smart person knows that piracy hardly has any effect on the industry. Preowned games DO have a big effect!

[kneon]

What right are they taking away? Your right to pirate games? Your "right" to pirate games is still intact, as is their right to arrest you for it.

[Darkstorn]

@2.3-
Sounds like Canada is becoming more and more like the U.S.

We've got government and corporations nearly intertwined; it's so bad that we have to actually write legislation around the interests of lobbyists, killing any chance for real, tangible reform.

The last health care bill is an example. It was gutted by the insurance industry and came out a husk of its former self.

[InFAMOUS1]

@ Eamon

You seem to have NOT read the actual law in the CCC.

It basically says if you modify a console for ILLEGAL purposes. So you can modify a console to put some lights on it, or add a new case, or maybe a new fan. What you CANT do is modify it for ILLEGAL purposes, like copyright infringement!

[solidworm]

cos you wouldnt be breaking any law would you.

[What Would Kratos Do]

So why is it illegal to modify a games console?

Would it not only be illegal if you were to play a pirated game in it?

It IS legal for you to make back-ups of your own legally purchased media in the UK for your own use.

(I don't support game piracy, I'm just playing devils advocate)

[Walrus]

Because this is Canada and their laws don't have to make sense.

[Mr_Bun]

Example, it is illegal to drive a vehicle containing a case of "light beer" unless it is for the sole purpose of delivery to a U.S. citizen...and even then you can still be fined.

[wicko]

This interpretation of the law is inaccurate. The guy being quoted doesn't understand the law. There are many businesses that offer a service where they modify your console. Perfectly legal, and you can perform the service yourself as well. It's that modifying your console with the intent to commit copyright infringement that is the problem. However, modifying your console does not prove anything about intent to infringe copyrights so you are safe. It's only if you are caught with pirated material (if that, you might actually have to be selling it to get in any real trouble).

[karlowma]

http://www.rcmp-grc.gc.ca/q...

"Project Certifier led to the seizure of 31 modified consoles and over 800 counterfeit video games. Thirteen computers, many computer components used to modify consoles and illegally reproduce video games, as well as 12 external hard drives containing hundreds of copied video games were also seized. It is believed that the individuals involved conducted their criminal activities in the Québec City area and sold and distributed the consoles and games, among others, via Internet sites."

Pretty easy to see the illegality here people!

[Daver]

@3.2 Walrus

I hope you are not living in USA for saying that because United states have the worst laws and you can get arrested for ridiculous things

[Ravage27]

this should be implemented in all countries

[Kushan]

Sorry, but no. I like being able to case mod my console, or replace the fans with better/quieter ones, or heaven forbid, replace a broken component without paying Sony or Microsoft a rediculous fee (£100 to fix a PS3 in the UK?!).

[dorron]

This law is stupid.

If I buy a machine, that machine is mine to do whatever I want. I would be breaking the law ONLY if I played pirated games on it.

[Eamon]

Exactly, but since when do fat rich men care about your rights?

They claim to "lose potential sales" when in reality it's a facade for "we want to make more money."

The logic here is that pirates would not buy most of the stuff they pirate. Therefore there were no potential sale loss anyway.

Obviously, MS/Nintendo lobbyists paid off the government to introduce the new law that is directly targetting their citizens for the sake of a couple of rich men who want even more money.

But then, this is how capitalism works in the West.

[BeaArthur]

Agreed, as long as you are not taking it online and having an advantage I don't care what people do with their consoles.

[wicko]

And thats exactly what the law is, you only get in trouble if you are caught pirating material. The guy being quoted misunderstood the law.

[kraze07]

I can't believe people actually support this law. This is just Big Brother getting their foot in the door. If people put up with sh!t like this then expect more of your freedoms to be taken away.

[Eamon]

Don't worry, most intelligent people do oppose such laws. The thing is, this law was made by votes in their government instead of doing a nationwide referrendum.

It's only the loyal fanboys on this website that support such laws because they don't care about their rights and freedoms taken away from them. They only care about their godly company to make more money and games exclusively for their console.

[Mr_Bun]

Last time I checked, Alaska was closer to Russia than Canada...then again, I didn't fail Geography.

*FACEPALM*

Judging by the bulk of your comments, it appears most of your education comes from cartoons...Now it all makes sense!

[Darkstorn]

@6.0-
Don't confuse Big Brother and Big Business. The government is supposed to PROTECT its citizens from outside interests. I'd support the government (which is, in theory, the people) over the interests of a corporation any day.

[commodore64]

First of all, just because Alaska is closer doesn't mean Canada isn't in close proximity to Soviet Russia.

Second, I ain't American, but I sure respect the foundations that the USA is built on.

Sorry, the personal attacks failed, guys.
XD

[lh_swe]

You respect the promise of; "take what you want and best man wins?"

[The Maxx]

Sorry commodore64 I have to disagree with you on your statment

"For a progressive country, Canada sure is backward."

Canada was one of the highest rated countries that allowed piracy to run rampant. It was mainly the movie industry that started coming down on Canada for not implementing harsher punishments for bootleggings.

Many premiers held back from Canadian theaters because of their lack of punishment for bootlegged movies.

Canada is just now complying to outside forces...mainly the U.S.A, to crack down more on piracy.

Also last time I checked, many people in the states have been charged and convicted for 360 modding and the selling of pirated games. So for you to say Canada is backwards but then compliment the U.S is rather odd since it is now Canada that is complying with the laws in the U.S.A.

[Anon1974]

This is just a tool they use to go after pirates and those modding consoles and selling for profit, and even then they usually don't go after these people unless they're making in excess of 50k a year doing it.

This part of the criminal code doesn't even deal with modding. Canada doesn't have any laws specifically for modding and so they often use this section to try to shoehorn out a charge. That's probably why it's used so rarely.

Canada's pretty good about protecting consumers in this respect. Downloading movies, music, etc is perfectly legal as long as it's for personal use and you're not distributing. The Music and Movie industry would like you to believe otherwise but our courts have already ruled on it. The judge said something to the affect of "Having a file in a shared folder is no different then having a photocopier in a library". There's a couple of cents charged on cd's, dvd's, MP3 players which goes into a fund that compensates artists.

The RCMP will go after big pirates, but consumers have it pretty good.

[Orochi Avlis]

LOL at people thinking that this one instance of a law is "big Brother-esque" and headed down that way.

Clearly you've never been to Canada.

Look at this article on Kotaku, where it looks like it possibly got the information from, and only showed part of it:
http://ca.kotaku.com/551220...

The guy advertised that he sells illegal game copies. That would get you busted anywhere really. Well, in North America or Europe at least. They are just using that law to guarantee a conviction.

Modifying a console for personal use, isn't going to get you in trouble with the law here. I can guarantee you that.

You guys are really blowing this out of proportion.

[sikbeta]

If it's to prevent Piracy and got nothing to do with "Console Modding" is OK...

[Kuzo]

Canada? They're still around?

[Mr_Bun]

Yeah, we left for a while to focus on hockey, but now we're back. That's why a lot of Americans can't locate us on a map

[kneon]

Mass Effect, Dragon Age Origins, Assassin's Creed, Prince of Persia, Splinter Cell, Far Cry, EA Sports etc. all made in Canada.

[karlowma]

http://www.youtube.com/watc...

Yes, you may remember us from recent hits such as "Winning the Olympics".

[GiantEnemyCrab]

Don't be dissing my Canadian brothers! Who else is going to keep the US's head warm??

Canada, Americas Hat. ;)

Seriously though, I love Canada and their people and culture.. Not to mention some amazing looking women.

[ElementX]

I wish the US followed this example

[Xlll]

Man i can't believe how so many people don't understand a basic law. You can do pretty much anything to your console unless its for the purpose to use pirated games. Just like your ass can goto jail for bootleg movies. Fans/cases/lights etc are perfectly fine and legal. Many places around here mod consoles for things like that and are 100% legit. They are targeting shady shops like the one in the mall here that mod consoles to play the pirated games they are also selling.

Oh and to the moron with the car mod example. You can mod a car in anyway you want as long as it is street legal. ex. you can put a intake on as long as the heat shield is on. You can have noz lines as long as no bottles are connected ( save the noz for the track).

[evilmonkey501]

So its ok to pirate movies in Canada, but you cant mod out your 360? Hmmmn. Doesn't sound right.

[rezzah]

Whered you get that info from?

Also the purpose of the systems are not to be modded. But to be used as they were meant to be when sold to you.

[evilmonkey501]

There is something fishy here. I can legally take anything I buy and tear it down and rebuild it however I wish.

[bednet]

In any case let's say you get caught...it's a "maximum" of ten years, first offence, you're not going to jail, you get fined.

Now let's just say that you had a modding factory and was selling the modded consoles, had been caught before for something similar and slept with the judge's wife...Then you might get ten years...if you have good behavior while inside, you're out in less than two...that's canada's incarceral system...a joke.

Nothing to get worried about.

[XxCYONIDExX]

How is modifying something you own illegal? The games that are copies are illegal, but the console is not.

[Organization XII]

who cares, Canada sucks

[JackBNimble]

You must be one of thoughs Americans who hates Canada but really doesn't know why.

[Xlll]

cuz we have free health care maybe?

[Anon1974]

My wife recently gave birth to a baby boy that was 2 months premature. I was reading about how in the US, something like this could bankrupt you. I couldn't imagine how anyplace but a third world country allow that to be done to their citizens.

Also, cool little facts for ya. Did you know the Star Spangled Banner was about Canada attacking Baltimore.

Also, the reason the White House is white is because they painted it white to hide burn damage after rebuilding it from when the Canadians came down and burned it down.

I love my country. :)

[firetaw]

You guys barely know your own laws in the us and you pretend to know more about canada then a canadiens. And this is news from another country. Point. not everything on the internet is truth. Specialy news from some random site. This would have made the rds news if this was true and it wouldnt only be specific to certain electronic devices. Our goverment doesn't waste there time on passing laws on 2 devices.

[Boink]

there was a modder in ottawa who was arrested. there were unable to make any charges on modding stick because he was not selling the 360's, he was charging for the actual mod itself though. what they nailed him on was the pirated games he was selling.

[fullmetal297]

See this is why I switched to PC: total freedom of my hardware THAT I PURCHASE. When a buy a console or anything for that matter, I expect to have freedom to do what ever I want with it like installing homebrew, with exception of piracy of course. That's why it pains me to see MS adding a 16gb artificial limit and Sony taking away the OtherOS feature. Sony taking away OtherOS for security reason is like my mom taking away the pedals from my bike so I wont get hurt riding it.