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Community Discussion: Blog by Anus Mcphanus | Is the UK one step closer to legalizing Modchips?Destructoid
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About
Good day sir/madam and welcome to the world of someone who calls himself Anus Mcphanus. In the real world I go by the name of Dan.

The name Anus Mcphanus comes from back in school in 6th form. We had a TV in our common room and I used to bring in my N64 to play games during our lunch breaks. Being in a public (or private to you yanks) school meant that we couldn't shout out obscene profanities so openly and so we made up words/names we could say and not get in any trouble. Eventually these words became associated with a certain person and I became known as Anus Mcphanus which meant arsehole. I thought the name was quite hilarious and so I kept the name and use it as my online and gamer name from then onwards.

In my free time I enjoy being Welsh, taking long walks down the beach and punching small children in the face.
My life is rather dull and uninspiring.
I apparently like to drop my trousers. A lot.
I can't sing but often kid myself into thinking I can.
I do not like things up my butt. Except penis.


This is my sorry arse

Favorite Games Ever:
1.) Final Fantasy VII (PS1)
2.) Suikoden 2 (PS1)
3.) Panzer Dragoon Saga (Saturn)
4.) Rock Band 2 (PS3)
5.) Dungeon Keeper 2 (PC)
6.) Mickey & Donald World of Illusion (Mega Drive)
7.) Guardian Heroes (Saturn)
8.) Brave Fencer Musashi (PS1)
9.) Goldeneye (N64)
10.) Bioshock (360)

Favorite Bands:
1.) Green Day
2.) The Libertines
3.) Arctic Monkeys

Favorite Movies:
1.) Wayne's World
2.) Anchorman
3.) This is Spinal Tap
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On Wednesday 11th June 2008 at the court of appeal criminal division Judge Justice Jacobs threw out 26 charges against the self-styled "No. 1 name in console modifications," MrModChips (aka Neil Higgs).

Neil Higgs got into trouble because, yes you guessed it, he sold mod chips that allowed pirated and imported games to be played on Nintendo and Microsoft consoles. Back in October he was the second person to be convicted for distributing and selling chipped consoles or console mod chips. He was convicted of 26 anti-piracy counts and faced a £1 million fine and 2 years in jail. Ouch. Luckily for him the legal argument that modchips do not circumvent copyright protection was upheld by Judge Jacobs based on the argument that the copyright infringement has already taken place before the use of a modchip. Hurray! This means that not only was his legal fees reimbursed but he is now free to do business as usual.

So what does it mean? Does it mean that the UK is now on the verge of legalizing mod chips like Australia did in 2002? If you look at the case in Australia that led to the legalization of mod chips, the judge found that banning mod chips prevented legal activities such as playing backed-up or imported games. More importantly though that ruling also found that mod chips did not violate laws against circumventing copyright protections, the same finding was seen in the case against MrModChips.
So it is possible that mod chips will become legal in the UK at some point and you won't get banned from Xbox live if you do so but putting one in your console of choice will still no doubt void the warranty. Also the majority of people who will mod their consoles will do so to play pirated games. If mod chips do become legal will we see a shift in how Sony/Microsoft/Nintendo treat the UK/Europe. You can argue that they can't do anything worse than they are doing already but can we be sure of that? or will they even care?

via team-xecuter



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Legacy Comments (will be imported soon)


Definitely a good thing! I don't know if UK law will have any impact on MS's own XBL policy though. You might mod a 360 or PS3 in the future, but it's gonna take a long time before you can run homebrew on either console (if ever). If you'd run pirated copies on your 360, there's still a chance of being banned.

Even though people have been running them online with the latest firmwares without bans for 6 months now.. :/
this is good. i dont support piracy but i think that nothing is wrong with backing up your games
@Professor Pew:
I'm not too sure on the 360 but if you want homebrew on the PS3 all you have to do is install Linux and use that. Also because the PS3 is region free the only reason for modding a PS3 is for piracy but since blue ray burners and disks are so expensive it won't take off for quite a long time so I doubt people will be modding PS3s.

I guess people will always find ways around security measures companies put in place to combat piracy.

Where there's a will there's a way right?
with all the bullocks they have regarding region locking and over pricing games I don't see why not.
Can I have your nuts?
I'd like to see modchips legalised, but only on the condition that they don't support copied games, as this just feed piracy and developers lose out. Take a look at what happened with PC Titan Quest, as an example of how piracy can kill a game these days (perhaps a poor example, since PC piracy is worse and PCs are region free).

Since this chap was arrested, things have changed a lot in the industry. In truth those who import games are very few gamers, so the real risk is with those dodgy copies that could stand to upset the MS, Sony and Nintendo applecarts.

We are gradually getting to the region free stage of home console gaming anyway. Wii has Freeloader,, which Nintendo don't mind us using, because its a legal and safe way to play imports. PS3 is already region free, and some 360 games are region free too (which you can easily hunt online, to find out which ones are, developers/publishers naturally just don't shout about it)

Hopefully, by the start of genreation eight of home consoles, we'll be free to just buy what games we want from where ever. More importantly, PS3 being region free is a good test, to show that it can work and there's nothing to fear from Sony, MS and Nintendo. So long as a we buy our games (official or import) and support the market we love, not resorting to copies, there's no problem.

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