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  1. #1
    Retired Grumpy Grandad notanotherone's Avatar
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    MrModchips wins appeal

    In a landmark historic occasion today 11 June 2008 at the court of appeal criminal division the legal argument that modchips do not circumvent copyright protection was upheld by Judge Justice Jacobs.

    The granting of this appeal based on the argument that the copyright infringement has already taken place before the use of a modchip has resulted in the squashing of all 26 counts against MrModchips

    The defendant MrModchips was awarded full costs as a result of his successful appeal and offered his most sincerest thanks to his legal team and his many well wishers who had supported his fight for justice in the face of what are now no more than corporate public bullies.

    The normally very vocal Michael Rawlinson from ELSPA was strangely unavailable for comment today.

    Mr Rawlinson was originally quoted as saying: "It marks a milestone in the fight against piracy."

    What it does now is mark a milestone in the fight against overzealous independent agencies who have their strings pulled by corporations as opposed to the genuine concerns of the electorate.

    What will these mean for modchips in the UK ?????? Truly a disaster for the likes of ELSPA and Trading Standards.


    News-Source: team-xecuter.com
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    Re: MrModchips wins appeal

    This is great news, well done MrModchips

  3. #3
    Member Not_much_cop's Avatar
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    Re: MrModchips wins appeal

    This is wonderful news to us all.
    I am glad he appealled and a decent judge was listening for a change.
    Just goes to show that not all judges are in the pockets of these big corps.

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  4. #4
    Elite Member Sicilian's Avatar
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    Re: MrModchips wins appeal

    Thats good news, lets hope they now release somekind of ps3 modchip Hidden Content
    D I S C L A I M E R My right to post information is protected under the rights for freedom act. In all instances, information discussed here on my posts are either hypothetical in nature, out of general curiosity, common knowledge, public knowledge, or role-play. Any use of the collective descriptions and shared knowledge from any of my posts are at the sole discretion of the reader. I am not responsible for what you do with it.

  5. #5
    Member dil's Avatar
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    Re: MrModchips wins appeal

    Good news i've herd in ages.

  6. #6
    Legend Hitman's Avatar
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    Re: MrModchips wins appeal

    Does this mean they will be able to carry on trading???


  7. #7
    Biatch Moderator berley's Avatar
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    Re: MrModchips wins appeal

    Hidden Content Originally Posted by Hitman Hidden Content
    Does this mean they will be able to carry on trading???
    i would think so, since its been successfully argued in court that modchips do not circumvent copyright protection
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    Re: MrModchips wins appeal

    PMSL! How the fook does a device designed to bypass copy protection not circumvent copyright protection?????? HAHAHAHAHAHA I love it.

  9. #9
    Respected pande_monium's Avatar
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    Re: MrModchips wins appeal

    Hidden Content Originally Posted by 3dfella Hidden Content
    PMSL! How the fook does a device designed to bypass copy protection not circumvent copyright protection?????? HAHAHAHAHAHA I love it.
    Simply because its the act of actually circumventing the copy protection by playing/viewing/distributing/copying, copied games/movies that's a crime and not the means to do it. The modchip is an inanimate object, incapable of making a decision. But, you & I can.

    For the exact same reason - we don't see any gun manufacturers being hanged by any jury.
    Best regards,
    pande_monium

  10. #10
    Legend PaphosAL's Avatar
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    Re: MrModchips wins appeal

    Good reading! So how does the successful outcome of this appeal affect similar things like (for example) dbox images, etc? AL

  11. #11
    Respected pande_monium's Avatar
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    Re: MrModchips wins appeal

    Hidden Content Originally Posted by PaphosAL Hidden Content
    Good reading! So how does the successful outcome of this appeal affect similar things like (for example) dbox images, etc? AL
    Going by the same logic, creating/modifying images for dboxes/dreamboxes/etc can in no way be construed to be a crime. However, the actual act of copying such images to the said hardware (even if it is unused) can be construed to be criminal on intent.

    Personally, I would argue that images which include ke*s and r*ms cannot be construed to be criminal. But this would be borderline in the same way that you have a gun loaded with bullets. A loaded gun has but one destiny... similarly, a loaded image has but one use.

    Copying such media on said hardware AND using it/connecting it to a live cable is most certainly criminal.
    Best regards,
    pande_monium

  12. #12
    Member lincsat's Avatar
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    Re: MrModchips wins appeal

    It could be that connecting the D-box loaded with the image to the network is where it becomes illegal, rather than just loading the image on to the d-box or supplying the image.

    Similarly, supplying a Eurovox, Starview or similar pre-loaded with patched firmware may be OK - again it could be the physical connecting of the box to the cable feed where it becomes illegal.

    Maybe the Modshack 2 should appeal based on this decision.

  13. #13
    Respected pande_monium's Avatar
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    Re: MrModchips wins appeal

    There is a major difference between the case of Modchips & the cable boxes. In the case of Modchips, the copyright infringment (i.e. copying/duplicating the game/dvd/etc) has already taken place BEFORE the use of the modchip. Hence, the distribution/usage of the modchip cannot be considered criminal. In the case of the DBox2/DM/etc, the copyright infringement takes place AFTER the distribution of the r*ms/k*ys... i.e. it USES the r*ms/k*ys in order to circumvent the copyrights/encryption algorithms.

    A box loaded with an alternate image is entirely legal. However, when you load it with r*ms/k*ys, you cross a fine line. This brings us to my point earlier - where is this system destined to go? Ask yourself this - What other use has an image with r*ms/k*ys, besides circumventing the copyright/encryption algorithms? The usual network access/streaming mp3s/copying video to pc/etc excuses are simply not true.

    You simply do not need r*ms/k*ys for any of the above activities!!


    Hence, the line was crossed the moment the r*ms/k*ys were combined with the image.
    This website, nor for that matter most other wesbites, does not condone such activity. This is entirely the end-user's choice.
    Please... let there be no doubt. If you do so, then you do so entirely at your own risk/peril.
    Last edited by pande_monium; 26-06-2008 at 10:27 AM.
    Best regards,
    pande_monium

  14. #14
    DarkHours Moderator dx100-uk's Avatar
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    Re: MrModchips wins appeal

    I still remain extremely doubtful that the action of making an image available to joe public, that 'could' be used to receive encrypted cable signals, if connected to a suitable feed, is prosecutable.

    i still say the recent events have nothing to do with this whatsoever. it was illegal earnings that drove these prosecutions. Vermin were the ones that discovered this fraud & alerted the authorities. The payback for this was allowing vermin to use this as a wonderful publicity stunt.
    and 10/10 to them for doing so.

    in my game,
    i gauge this the same as a modification to a radio transmitter.
    someone developes the mod & you implement it, when you connect the radio to an aerial & key it, it transmits where it should not.

    someone developes a dbox image, when you connect it to a cable feed , it receives channels it should not.

    no diff in my mind

    it what the end user does with it

    dx
    Last edited by dx100-uk; 26-06-2008 at 02:15 PM.

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    Re: MrModchips wins appeal

    Hidden Content Originally Posted by pande_monium Hidden Content
    Simply because its the act of actually circumventing the copy protection by playing/viewing/distributing/copying, copied games/movies that's a crime and not the means to do it. The modchip is an inanimate object, incapable of making a decision. But, you & I can.

    For the exact same reason - we don't see any gun manufacturers being hanged by any jury.
    Makes perfect sense! Hooray!

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