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Clock Ticking For Australian PlayStation Chippers 138

Posted by timothy from the sony-ownz-joo dept.
DuncanE writes: "On monday morning it will be illegal to modify playstations in Australia to play pirated games. More info can be found [in this Australian IT article]. The new law will apply to all electronic devices." This is one consequence of the same Australian law we mentioned last week. Practice? Meet theory. Theory, Practice.
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Clock Ticking For Playstation Chippers More

Clock Ticking For Playstation Chippers

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  • Works with most playstations, apart from the ones that have the checking delay removed (you know, where the disc spins down and allows you to remove it). The latest series (and approx. 2 series before them too) will not allow you to do it.

    -----

  • "That's not true at all! Because software costs nothing to replicate. "

    Here we go again...

    It is the lower sales followed after the copying that costs you dumbass! Sure, everyone who copies software wouldn't buy it if they haven't copy it but when pirating goes up, sales goes down. That is a FACT my friend!

    You aren't forced to pay for my work, that's right. But then you have no right to use it either you criminal prick! Don't you think I have a family to support to? Do you think you have a moral right to play with my and others life's?
  • For the original Playstation there were "anti-piracy" mod chips which allowed the console to play imports but NOT CD-Rs. The copy protection on that system worked by checking for a character stream coming from sideband data on the disc.

    The "anti-piracy" version was done by only rewriting part of the data stream coming from the CD rather than generating the whole stream in the mod chip, thus you needed a black disc to generate the rest of the stream.

    Just a nitpick. I'd expect the Australian law prohibits both intents equally, however.
  • Sorry - the URL didn't resolve. Here it is again: Digital copyright 'window dressing' [news.com.au]. Slashdot people - I reckon this is worth adding to the intro.
  • i know that. read the post i was replying to. i was just trying to communicate on his or her level. i should have said "is sucks".

    use LaTeX? want an online reference manager that
  • quote:"That's not true at all! Because software costs nothing to replicate. If you have no intentions of buying the game. Then go out and find a pirated copy, no one has lost any potential money and you've gained a nice game." What a bunch of CRAP! Yes software costs nothing to replicate but you fail to take into account the cost of development of that software. It's mostly simple maths. If it takes 10 people who earn $60,000 a year one year to create a game, then that game cost $600,000 to develop. Add to that cost of marketing, licencing from Sony, and the actual production of the discs, and the developer has a lot of money to recoup. Now if a lot of people who normally purchase the game pirate it, the developer loses on their investment. quote:"This happens with windows 2000. Do you think most people need DATACENTER? how much does it cost again? A lot. If someone who can't afford it pirates it, M$ hasn't lost any money!" Analogy:"Do you think most peple need a HDTV? How much does one cost? If someone who can't afford one steals one is it right?" I know it's not a perfect analogy, but its pretty close to the mark. Well that's my rant over, feel free to flame me if you like.
  • This is for a good reason. Console software is optimized for a particular television hardware standard. European games are optimized for 50 fps PAL, while North American and Japanese games run on 60 fps NTSC (that is, until 2006 when the USian FCC kills NTSC). Games that don't conform to the television will fall out of sync and produce a scrambled picture.

    Since the law is Australian and it's hard to find a new TV that doesn't support at least PAL50 and PAL60 (the cheap way of converting NTSC to PAL is to convert it to PAL format but at 60fps) in Australia I don't think that applies here. My cheap, five year old TV supports PAL50, PAL60 and NTSC just fine.

    My cheap VCR plays NTSC and PAL just fine.

    My (relatively) cheap DVD players plays NTSC and PAL just fine.

    My TV capture card captures PAL and NTSC just fine.

    I don't need some big brother company protecting me from scrambled pictures, that don't exist anyway.

  • Geez, you couldn't pick up a point from all that? You need a little R&R buddy.

    Later
    ErikZ
  • Would it feasible for Sony to implement a replacement policy allowing individuals to return damaged/scratched discs for replacements at a small fee plus shipping? Then everyone would be "happy" aside from those who like to complain about their right to break the law. -i have no sig. i have no sig.
  • Austrailians didn't have a bill of rights? How does making it illegal to mod psxs take away their rights if they don't have already have them? Because 'inalienable' rights are only inalienable if the government agrees, others, people get hurt.
    --
    Peace,
    Lord Omlette
    ICQ# 77863057
  • I started making backups cause the kids would drop the fucking things on the floor and stick in another, resulting in about 10 unplayable 50 dollar games. Now if I could go to the manufacturer and say "Look, this game does not work anymore, can I get a free replacement, or one for the dollar it costs for a blank cd" I would be interested. It's not like I can make that black polycarbonate on them - they will know it's theirs. Of course, the game ended up dying, and based on how fragile it was, I got a N64 instead. The kids could probable microwave those cartridges without harm. If I played more than, say, an hour a year, I might get a ps2 for myself. But I far prefer playing games on the computer. Much more control.
  • Are you stupid?

    When everyone copies the software instead of buying it (you are of cause not forced to buy it but don't use it then) all the development costs are lost and there is no income to make up for it.

    If there is 100 individuals who likes to game and think it's worth $50 the income is 100*$50=$5000. If these people can just copy it instead maybe 5 stills buys it because they pay for other peoples work but 95 don't. Now we have 5*$50=$250 income. Still think we haven't lost anything prick?
  • This only works in the first generation of psx. (and I believe there may have been 10) anyhow, with 3 steps you make it sound easy, but its really not. the whole removing it while spinning issue is kinda a bummer.
  • 6. you can rent the game and see if is suck

    7. you can barrow it from a friend and see if is suck

    8. you can read a review of the game and see if is suck

    ......
    there are alot of ways to determine if something is suck.

    use LaTeX? want an online reference manager that
  • Of course, the game ended up dying, and based on how fragile it was, I got a N64 instead
    I've also noticed how robust the cart-based systems are since I've been buying secondhand games. All the Nintendo stuff -- N64, SNES, NES, GB -- works damn-near pefectly no matter how old it is, but discs, disks and tapes are all dead. It's a shame that with the release of the GameCube there will be no current (non-portable) console that uses carts. Although those 8cm DVDs are pretty damn sexy.

    --

  • Umm, that's what this whole story is about. From Monday (I thought it was the 1st, oops) it is illegal to modchip regardless of intent. My solution: I'm not going to be buying a PS2 or DVD player, ever. Currently I'm collecting secondhand Gameboy games to use with my GBC, SuperGB and Liberty emulator...

    --

  • They are only targeting people who use pirated cds.

    No, they are also targeting people who have backup copies. Many people make backup copies and play with them rather than with the original so that there is less of a chance of hosing their $80 CD. Under this law, these people would be unable to do that. I don't know what the copyright law is like in Austrailia, but in the US such copies are covered by the fair use doctrine.


    Enigma

  • this is old (80s), but still:

    America: Everything is permitted, except that which is forbidden.
    Germany: Everything is forbidden, except that which is permitted.
    Soviet Union: Everything is forbidden, including that which is permitted.
    Italy: Everything is permitted, especially that which is forbidden.

  • I really don't buy this 'lower than cost' hardware thing.

    At the volume they're made in, using 1995 technology (small dies, cheap chips,) these things can't be that expensive to make.

    My guess is that this is marketing spin to make the deal sound more inviting. If someone would like to produce some figures to prove me wrong, I'd be happy to see them.
  • Not all of us can afford multiple PS2s, for example, let alone find them...

    Slightly offtopic, but I just want to say there had never been a problem finding PS2s in Australia. Literally since day one in November last year every shop i've checked has had them. I guess the $799 price tag helps them not move.

    I guess I just see it as odd that the Australian market had heaps of stock, while the USA, which still seems to need more is going without. Perhaps they built a few too many PAL units...

    I find it funny though, but then I've always never been a PSX fan. Viva la GameCube!

  • playing pirated games (Score:2)

    by Anonymous Coward
    why shouldn't playing pirated games be illegal?
  • Sure, being able to play backups of console games would make me more likely to buy the console, and probably sells more consoles with the net and technology savvy crowd, but what do you think it does to the sales of the actual GAMES? If a third party developer's games don't sell well on a certain console system, the developer probably won't support said system for very long... Now consider the fact that most console systems seem to be sold at a loss that must be recuperated with game and licensing fees by the console maker, and you can see the problem. Having a millions of console sales is great, but if you don't get the millions of games sold to go along with it, the console will become a failed venture in the eyes of the developers and eventually even the console maker's stockholders.
  • I have read that its illegal to backup audio CD's in Australia, unless given permission by the copy right holder. I presume the same law applies with playstation games. Also our competition watchdog the (ACCC) has stated that region coding to also be illegal under Australian laws as it could be classed as an restraint on trade.
  • Bleem.
  • Heh, yeah, I was in Best Buy the other day and the guy mentioned they were getting a shipment of PS2's in the next week. When asked how many that shipment included, he said "two". 2!!!! And Sony is worried about pirating, shit, if they actually had enough units (let alone at affordable pricing) then they might have cause for concern.

    --Dox
  • It's illegal to chip a playstation to play only pirated games anyway.. It's illegal to pirate games.

    So you just chip it to play your backups :)

    How do they know why you're chipping it??


    --

  • Just becouse someone pirated the game dosn't mean they would buy it.
    It's nieve to assume anyone who pirates would use the software if they had to pay for it.
    On the flip side.. not everyone who priates wouldn't pay for it. It's nieve to assume everyone who pirates has a problem with the pricing structure.

    People want the software. Some can not afford the stupidly outragous pricetags. Some wouldn't pay the price to use the software.. it's to expensive. Some would if thats what they had to do but sence they don't they won't.

    and some try out the game "peeew" and erase.. or try out the game "kick ass" and buy it....

    There are problems all the way around...

    Microsoft is really the only software company to make larg sums of money like they do. They do all this monopolistic BS so they can be sure everyone who uses the software pays for it. The only way they know to do that is just make sure everyone pays for it.. want or no.... Thats how they make money. It's the only way they know...

    On the other hand... software is to expensive. The Commodore 64 equal to Microsoft Office might cost $50 but for the PC it costs $200 and up...

    Why? To make up for lost sales due to software piracy. That only drives up the piracy.

    The solution is free software, open source, and public domain. Apple makes software but they make money on HARDWARE. Sun makes software but they make money on hardware. IBM makes money on hardware and uses Linux... they add code back to Linux... and why not... They are only helpping themselfs.

    The short story is the money isn't in software. It probably never was.

    Laws to prop up software sales aren't going to help matters.
  • "I disagree. The problem with making ROM'ing illegal is that it makes illegal more than simply the piracy itself, because lawmakers are working on the same flawed assumption you are. There are aspects of ROM'ing that are both legitimate and legal. One of my friends is really into playing import games. Nothing wrong with that. He pays for the games and then he plays them. I guess he gets a kick out of bad translations. Anyway, to do this, from what I understand, he has to modify his playstation. I don't know technically if he needs to use a ROM chip. Either way, he needs to make modifications to his playstation that aren't going to hold up in court under this law, as I understand it. And that's what the problem is. "

    I can enlighten you right away that if he HAS bought the game and just chip the machine for some other purpose than to steal no judge in the world would convict him of anything. And no content-provider would be interested in doing so either.

    The laws (chipping and copying) are there to make sure the content-providers are paid for their work and nothing else.

  • Oh my god!! (Score:2)

    by Anonymous Coward
    My Australian Playstation was slightly chipped when I forced it in the tight compartment below my TV. Can I just mend it or do I have to turn myself to the police?
  • >And considering how much trouble it is to produce, promote and distribute a game I wouldn't say $50's unfair for a good product.

    I would... I'd also say the price of a Rolex watch is insain.

    I don't buy the watch... I don't get the watch... I don't buy the game.. I don't play the game.. It's that simple....

    It's imposable to know if a software pirate would buy software if they had to. I don't think even the pirate him/her-self really knows.
    Maybe they would... if they considered it worth the price... maybe they wpuldn't....
    But they don't have to.... and thats a fact...
  • Exactly. You don't have this kind of law "yet". But as other countries pass laws like this, it will be easier for countries that don't have them to pass them. "It has been shown that laws like this have reduced software piracy by blahblah%, we can't afford not to have the law". The manufacturers will lobby congress to pass these laws, eroding our rights bit-by-bit (no pun intended). I wouldn't be shocked to see the US congress pass a law requiring you to surrender your encryption keys and passwords to law enforcement. A law like this was recently passed in England, paving the way for industrialized nations around the world to pass similar anti-privacy legislation. It's all in the name of anti-terrorism, but I have yet to see a case of a terrorist getting caught because of these anti-terrorism laws. But these laws aren't really aimed at terrorists, they are targeted at the people. This Playstation law in Australia is just another example of government trying to legislate technology which it does not understand.


    Enigma
  • R&d cost money, and lots of, preproduction runs, artist to design a good looking machine, UnderwriterLabs, manauals, the hardware doesnt cost much, but once you add all the development costs, packaing(you would be surprised how much this cost see CD's packagin in the 8o's)
  • I won't add my opinions on the whole backups argument, since they've already been covered (CDs are fragile and break, and I should be allowed to make a copy for personal use). Imports are obviously legit (I'd bring up DVD region locking, but that's a whole other topic)

    If imports and backups are a legitimate use for a modchip, and the modchips are made illegal, Sony should be forced to do two things.

    1) Make their consoles able to play discs from all regions. Import problem solved.
    2) Provide replacements for damaged games at a reasonable cost ($1.00, the cost of one CDR). Backup problem solved.

    This is just to counteract my inability to use the chip for legal purposes. Not that I think making the chip illegal was right in the first place. The fact that I own the hardware and should be able to do whatever the hell I want with it should preclude the passing of this in the first place.

    These two things should happen anyway, regardless of the legality of the mod chip. Why does Sony care if I import a game? I'm not pirating it, hell, I'm giving them money that they wouldn't be getting if I didn't import the game.
    -----------------
    Kevin Mitchell
  • checkyoulater is right, it's MY hardware and I'll do whatever I please with it.

    Chipping it should not be illegal, not even having the intent to buy pirate games should be illegal, but actually buying or making pirate games should be.

    The fact is however, that the person that buys or makes pirate games for personal use (read, criminal), is the same person who is also going to ignore this law!

  • There's a problem with this discussion that started with the source article dumbing itself down beyond recognition.

    Apparantly, something is illegal to do. And now we're embarking on a load of speculation as to legitimate uses, loopholes, the exact interpretation of the law etc. And despite this, nowhere do I see the actual text of the Act which is coming into effect. And I see no indication that anyone else has either.

    Personally, I don't have the time right now to trawl through the entire act. But you'd think the AustralianIT article, at least, could have mentioned the specific section of the Act that prohibited this. Even if they found the nearest chipper down the road and interviewed them, Sony probably mentioned it in their threatening letter.

    We could have had cold hard facts, but all we have is spoonfed propaganda and hyperbole. It's sloppy "journalism."

  • A friend of mine bought a game from some outlet and when he got it home found that it was unplayable (scratched or something), the store for some unknown reason told him he had to send it back to Sony for a replacement.

    The letter he got back with his replacement said something like this.

    "To ensure long playing of your Playstation games, Sony recommends you have your Playstation modified and your Playstation CD's backed up."

    They let things go, and it got away from them, so they go and bribe^H^H^H^H^H lobby the government to change laws.

    Oh yeah, and the Australian federal govt is a joke with technology. Their experts are all corporate sponsored lackeys. The only true protector of rights us Australians have is the ACCC.

    Cheers,

    leroy.
  • Anyone with a spare non-australian couch?
  • consider it this way: the point you raise is a hypothetical. Therefore, it's not a theory... unless it in practice is shown to hold true. If you ever find yourself setting "theory" and "practice" against one another, stop.
  • Ok well here's the side of it I came from: I've done some work with Playstation 1 emulators nad from the way the work, I surmise that games are not graphics chip dependant. For exmaple, take Bleem since it's the best known. The graphics are not displayed using a huge set of code emulating the PSX's graphics chip, they are displayed using a Direct3D acclerator card. Basically, Bleem (and all the other PSX emulators I've seen) take a high level, black box approach to the graphics system. They don't care about it's inner workings, only taking it's input and mimicing its output using available tools. Well, it seems to work. Bleem can display games in higher resoltuions than the PSX can, at arbitrary refresh rates without problem. Now I would assume this is possible because a somewhat higher level approach is taken in programming. From the PSX emulator code I've looked at, it looks like (this is simplified of course) the graphics lists and textures get passed on to the graphics hardware, then calls are made to that hardware regarding their manipulation, just like how Direct3D/OpenGL accelerators work. That being the case, I'd think it is not important what mode the graphics card is running in. As I said, I've never programmed the hardware, so I don't know, but that is the approach the software takes and it seems to work.
  • Quit yer whining yer big pansy...

    ---

  • "bizare laws, passed by the lobbying efforts of huge corporations. The laws are wrong."

    What is the matter with you people? The laws only apply if you steal, do you know of any civilized country where someone is convicted without a criminal intension when it comes to IP? Have you ever heard of anyone forced to stand trial for copying something that he owns an original of? I can tell you right away that none will be convicted for modding their PS if they do it for some other reason than to steal something. Witch content-provider would be interested in such a thing? Witch judge would do such a thing? They are not dumbasses you know.
  • Granted it is a bit off-topic at this point, but I -do- believe that pirating very high-market items actually can help a company in the long run.

    Adobe Photoshop is a prime example to make such a case. I am not sure of it's current cost, but 5+ years ago it was very far out of my price range as a high school student making minimum wage. So "maybe" I pirated it (back then). Was I using it to make money selling graphics? No. But I was using it. And because I was using it, I gained skills with it and became VERY brand-loyal. Now that I CAN afford to pay several hundred dollars for a copy of PS, I buy it. But using it for free in the past is the reason they have me as a customer in the present. Otherwise I would never have spent hundreds of dollars on a graphic editor...if anything I would probably be using some $40 knockoff P.O.S. and be in idiot bliss as I remove red-eye with a magic button.

    No, this arguement does NOT apply to games, or to things that cost a lot less. But I honestly feel that Adobe has gained a decent sized part of their non-professional client base through teenagers using pirated copies of PS. Sure you could count that as "lost sales," but realistically, at least in the case of PhotoShop, I can't imagine more than 3-5% of the pirates could really "afford" to buy the software when they first started using it.

  • "The (new) law states it is criminal to sell, distribute, manufacture or install a chip," Mr Ephraim said.
    "It does not go after consumer but after the source. We're going after the bigger guys who earn $500-$2000 a week chipping consoles. Some of them are registered businesses."
    He should relly _think_ about what he is saying, that just not make sense. I would say that the distribute and manufacture but would go after the "source", but that last bit is worse.
    Anyway, if I lived there, I could be breaking the law by modifying some of my hardware in a way that could be used for unlawful purposes, even if that was not the intention? So I install a MPEG encoder/framegrabber I could be breaking the law because I could use it for copying movies? Or the installation of a graphic card with video out could be used for playing copied movies on my TV?
    I'm surpriced they not just didn't put a tax on the chips :-)

    --------
  • "A more important question is: Why is it illegal to modify something that you legally own? What is the difference if I paint it green, attach racing stripes to it, or chip it? I realise that pirated games are illegal. That is not the point, I'm afraid... " I have good news for you my friend. It isn't illegal of your intension aren't to steal something! This is the case in every developed country when it comes to copyright. If your intensions aren't to steal it falls under fair use.
  • As RMS would say,

    "I have no opinion 'Intellectual Property'"

  • Draconian society, etc. (Score:4)

    by Alien54 ( 180860 ) on Saturday March 03, 2001 @08:58AM (#387513) Journal
    I am waiting for the day when not only do they say you don't own what you own (the present day) but they come along and say something like:

    "Failure to purchase at least one of the items presented on this web page is a violation of applicable laws"

    or

    "You are in violation of the patriotic consumer statutes. Your wages will be garnished to make minimum payments on the credit card charges we are incurring on your behalf. You will also be sent products our surveys indicate that you need to have."

    feh. Police state nothing. We need a new word for this governmental dictactorship by commercial interests.

  • "Correction: it's an illegal copy for those with no playstation games, and it's a backup copy for those who already have a legit boot code somewhere else. "

    Exactly! There don't seem to be many here on slashdot who have heard of fair use or read the laws. If your motivation isn't to steal something it isn't illegal.
  • I'm sorry, I lived in region 1, but I have know idea what this "R1E" region you talk about is... care to elaborate?

    -thanks
  • Absolutely brimming over with wrongability...

    6. you can rent the game and see if is suck

    That's all very well in the big city, but for people in small towns, this simply isn't an option, plus the fact that those places that DO rent have a very limited selection so even if you find somewhere you may very well not find the game you want.

    7. you can barrow it from a friend and see if is suck

    Fair enough, I'll give you that one, but say you're in the position of being the FRIEND, you don't have option 7.

    8. you can read a review of the game and see if is suck

    This is the biggest crock of shit I've ever read. Reviews are pointless, subjective, and ultimately worthless. Most reviews sites lack any real integrity and it's practically impossible to find impartial reviews these days. Those who do write accurate reviews tend to get a kicking from the companies involved and get removed from the reviewers list (I speak from experience). Need proof? Head to www.gamefaqs.com and check out any game, at random, and read the user reviews. For every "This game sucks" you'll find a "this game rules". Plus whose to say you'll like what the majority like? For example UmJammer Lammy got amazing reviews across the board, yet I personally feel it is one of the worst games ever written. Yeah, reading a review really helped me make a decent purchasing decision. Thankfully I managed to return it claiming it didn't work.

    So, all your arguments are invalid. Thank you, and have a nice day.

    ---

  • And of course there are the people who like to actually write their own programs for the playstation and burn them to cdrom to run. Without a mod chip they can't do this.
  • You are so right; the industry keeps reminding us we don't own the game but we just have a licence to play one copy at a time,

    Whith that licence in hand we ought to get a new copy for manufacturing cost only.

    This is obviously valid for anything with a copyright of sorts attached, like OEM software.

    That's why it is legal to re-install a crashed W9X box using a full copy of W9X instead of trying to take the (unnecessary) hurdles of the OEM disk's installation.

  • I don't have enough money (because I go to college) to go out and buy every cd that I like a song on. If I had the money to waste on buying all the cd's I like, I would in a heartbeat. This leaves only 2 options: listen to the radio, or download mp3's. The radio doesn't play the exact song I want, when I want to hear it; therefore I download the mp3 and save my money and buy cd's ever so often (usually in the used section). Does this make me a criminal because I don't do what the big music companies want me to do?
  • The Act doesn't prohibit the use or importation of mod chips except for commercial use. A user can still import and install a mod chip. Technically the OS dealer has broken the law but jurisdiction omnly extends to the border so noone is going to get hurt. An Australian cant import to sell though.

    The law specifically allows backups, reverse engineering, interoperability, security testing.

    The law doesn't allow removal of digital rights management info on a program or music etc and before anyone says "how will they know' the short answer is they won't but they won't care unless you transfer the unmarked copy to another person.

    This of course is of no concern to those who believe that copyright is an anethma and IP does not actually exist. But to others, the law is wide but seems to be targeted at commercial level operations.

    And why wouldn't it. If you want to stop something make it more expensive.

  • You'd swear they leased these devices instead of purchased them. What can you actually own in Austrailia? One can see similarities in the music industry when I buy a cd what do I own? Do I own the right to put that music on my hard drive, a sort of encompasing liberty over the data and object. If I do own it then am I not free to anything I please with it? Once I own that Playstation it's _mine_ the modifications I make to it should at worst void a warranty. Just like if I buy a car, it's legal for me to modify it to the point that it may put myself or others in danger. Does sony also not have the option to produce unmodifiable playstations? Maybe the Austrialian legislature needs too look not at citizens who in just owning a playstation have the potential to modify and play ripped games on it, but at sony for making it possible to do so, and at the entity's making it possible to easily modify it. Next thing you know the playstation itself will be outlawed.
  • If you modchip it for some other purpose than to steal it falls under fair use. For example if you modchip it and play you backups no judge would convict you for that. Most slashdot readers don't seem to be very educated when it comes to laws.

    All copyright laws only applies when there is a purpose of stealing. The laws are there to make sure people get paid for their honest work and nothing else.
  • What to do with obsolete PS2s....
    Modify them... improve them.. even... oh wait... thats illegal now isn't it....
  • Listen, it's clear that CD's suck when it comes to durability. How many Slashdotter's have there floors/desk's covered it *nix, misc and music discs? Let's translate this to a PS user (12-34) with a PS in their living room, playing with friends, throwing caution to the wind when it comes to delicately preening each disc before putting it back in it's pristine case. Let's not forget that each disc probably cost a bomb (comparative to DVD price fixing depending on country - in England, people have to pay about twice as much than the US for compact discs of almost every nature). Wouldn't you rather be using a $1 backup, rather than losing $30 because a drunk/stoned/stupid fuck friend decided to use Tony Hawk 2 as a coaster?

    The fact of the matter is, piracy IS wrong, and violaters should be prosecuted. However, it's simply riduculous to create concise, quick-fix "all or nothing" laws that Australia (and perhaps even the MPAA w/ the Napster case) implement, by blaming abitrary services (thus ruining it for everyone else), where it is more the fault of the prosecuters for their inability to incorporate proper laws that allow theives to be caught - who cares if it's hard to do? At the end of the day, its justice).

    How many gun shops get shut down in Texas, because every sixth month a phsycho teenager decides to go on a rampage?
  • Why play your backups when you can just play your originals? If you don't have the originals then your "backups" aren't backups at all, they're pirated copies.

  • You can't write free software for the PlayStation unless you need a special mastering process to put the boot code on a real PSX disc. A compatibility chip allows you to burn and run Free Software(TM) designed for PSX using a garden-variety Orange Book conforming CD-R burner.


    All your hallucinogen [pineight.com] are belong to us.

  • Re:Okay, this is bad. (Score:3)

    by kalleanka2 ( 318385 ) on Saturday March 03, 2001 @09:09AM (#387527)
    You seems to be unfamiliar with the laws in Australia and the rest of the developed countries. It is never illegal to modchip or copy if you use it for backups or other things that falls under 'fair use'.

    In a matter of fact, copying or modding is only illegal if it is done for the purpose of stealing.

    You can copy all you like as long as you don't steal anyones product.

  • How Sony is screwing themselves a la Nintendo/Sega (Score:4)

    by BIGJIMSLATE ( 314762 ) on Saturday March 03, 2001 @09:09AM (#387528)
    You know, the first company that DOESN'T go after the "pirates" is going ot be the most successful. The original PSX had WEAK copy protection, and look what happened? Sony's console sold well, while Nintendo's (which you couldn't copy, only emulate) didn't.

    VHS tapes are relatively easy to copy, and look how vhs sales are STILL thriving. CDs are easy to copy, and the RIAA has been making more money than they ever have been.

    Look at the time when Kalisto and UTOPiA started releasing their boot discs and Dreamcast ISO's. Suddenly, within a few weeks, the Dreamcast consoles are starting to finally SELL, instead of collecting dust on the shelf. I PERSONALLY know of six people who bought a DC at that time, and for that reason. One simple demonstration on how my purchased copy of Virtua Tennis was identical to the burned cdr version was all they needed. But look what happened when Sega started going after these people, and the people with just the INFORMATION on it online. Sega's console sales suddenly drop (and that's WITH some big-name titles being released)!

    Besides, backups have become an ESENTIAL part of my gaming life, both console and PC. Anyone who's ever watched their young cousin SNAP Jedi Knight or Quake II in their bare hands knows EXACTLY what I'm talking about.

    I wonder when these companies finally learn that, as much as it goes against traditional business practices, GIVING more things away will most likely increase your profit. And with the millions (rough worldwide estimate) of "pirated" Playstation games alone, Sony and all of the 3rd party developers (ESPECIALLY Squaresoft) managed to do pretty damn well from '95-'00 with their PSX sales. Hm...coincidence? I think not.
  • It's never illegal if it falls under fair use, and that is all scenarios where you don't steal someone's property.

    In other words you can mod all you want as long as its done for playing imported games, backups and so on.

    The laws are there to make sure people are paid for their honest work, not to make your life harder.
  • No, Dreamcasts are NOW sold at a loss. When they were $200, or POSSIBLY $150, they were not selling them at a loss. No, it wasn't a great profit, but like I said, a little volume goes a long way.

  • If you buy a product, you can do whatever the hell you want with it.

  • This is actually even worse for the manufacturer. Basically all of the hardware is sold at a loss, and if people are buying units just to play pirated games, they loose even more money.
    This is only true if they don't buy any games at all.
    But if they do buy some games, then all of a sudden there's an income that wouldn't have been there otherwise...

    /Mikael Jacobson

    "But surely we won't be still stuck with Linux in 25 years!?"

  • It's basically same as the DVD regions, except only 3 - one for each of Japan, America, and Europe

    This is for a good reason. Console software is optimized for a particular television hardware standard. European games are optimized for 50 fps PAL, while North American and Japanese games run on 60 fps NTSC (that is, until 2006 when the USian FCC kills NTSC). Games that don't conform to the television will fall out of sync and produce a scrambled picture. For example, take NES games. The NES is easy to mod-chip (simply cut the power line) but the more timing-sensitive games (especially Rare games such as Rad Racer that use Pole Position-style raster scrolling [everything2.com]) crash when played on a different style of television.

    This also has the side effect of making it possible to play burned copies of games.

    Which may or may not be illegal, depending on the license [gnu.org] the game is released under. Backup first, free software second, piracy last.


    All your hallucinogen [pineight.com] are belong to us.
  • They aren't downright illegal to use. I don't know what you know about copyright law but all copyright related laws have exceptions called fair use. Fair use is a very wide concept and it basically means that the copyright law only applies to cases where something is going on that is against what the law is there for, in other words stealing. If no stealing is going on, the law doesn't apply.

    If you mod you PS to play backups, imported games or you mod it alot and make an robot out of it it isn't illegal.

    In all developed countries like USA, Europe and Australia the consumers case is very strong when it comes to copyright law and there is no chance in hell that you will ever stand trial if you haven't stolen big time.
  • "Umm, that's what this whole story is about. From Monday (I thought it was the 1st, oops) it is illegal to modchip regardless of intent. My solution: I'm not going to be buying a PS2 or DVD player, ever. Currently I'm collecting secondhand Gameboy games to use with my GBC, SuperGB and Liberty emulator..."

    The general law says it's illegal but the exception of fair use always apply (it applies to all copyright laws so it's not specified) so it is not illegal to mod it for import or backups. As long as you have the originals for the backups you can sleep well.
  • "No, they are also targeting people who have backup copies. "

    Fair use is applied to ALL copyright related laws, including this one. You may always play backup copies (you must of cause have the original); this always falls under fair use.
  • Sure, this law may make it illegal to modify PSX (or any other console?) But so what? Does the law make PIC12 chips illegal? (It's been awhile, is everyone still using PIC12 or PIC13s?) Does it make having a prom burner illegal? Does it making having a CD-R/W illegal? Does it make it illegal to download code off of the internet?

    Do you see my point?

    This law will really affect those who sell pre-burned chips in Australia or who sell modified boxes in Australia.

    How are they going to know if you order a blank or pre-burned chip from the U.S. or Europe (or, since you are in Australia, you'll most likely get it from Asia)? They can't know unless they confiscate it and read the code (which can be easily avoided since I know many of the microcontroller chips allow the person burning them to encrypt the code).

    This law really is moot unless you are a for-profit pirate.

  • No problem, backups and imports falls under fair use. You don't steal anyone's property so it isn't illegal. Only if you steal something it becomes illegal just as it should be.
  • The problem with these laws is that they won't be used to go after the consumers, but rather after the shops. Shops will prefer to loose the small profit they make selling chipped consoles, rather than risk expensive lawsuits. If even one consumer will use his chipped console to play pirated games, some crafty corporate lawyer could twist that into "the primary purpose of the chips is to pirate" and sue the shop into oblivion.

    So, you'll basically end up with a situation where it will stay legal to use modchips, but effectively illegal to sell, make, import whatever them. At that point, it makes no difference for the consumer that technically they are still legal to use, because he won't be able to get them any longer from any reasonable source.

  • According to the article, just opening the PS2 voids the warranty; installing a modchip could land you with jail time and a fairly hefty fine...

    That's crap. I haven't read the article yet... thought I'd look at a few responses of those that have first, but if it does indeed state this, then I don't see what right Playstation can have (beyond voiding the warranty) to take legal action. Especially if it cannot be proved that piracy is occurring. In fact, the only way I can see them making a legal claim is after someone has misappropriated software (I hate the term pirate), they throw that term/condition at them.

    IMHO, once you buy a piece of equipment, it's yours to do with as you wish. This seems similar to the attempts of Digital Convergance to keep people from opening their CueCat... If you don't want someone modifying your product, MAKE IT RIGHT TO BEGIN WITH! Let's face it, chipping a PS2 to play import games is a reasonable modification to an unreasonable limitation. Today's world is just to small not to be expected to pick up an imported game either through travels, on the internet, or by trading games. When I lived in Germany, one of the first things I did was buy a TV that was able to understand both European and the American formats.

    So I guess I'm off to read the article. I would imagine it indicates that Playstation has in their purchase agreement that the game system is purchased with the agreement that the user will not modify.... blah, blah....It goes against the American way: Inventor has idea, makes prototype, patents idea; consumer buys product, has an idea, changes product to suit needs, is happy; inventor scratches head, states "hmmm...", improves product.

    BTW, the reason I hate the term pirate and piracy, is software misappropriation takes away the glory of being a true pirate! When KeWl Hax@rs start impaling each other with swords and typing code with a hook on one hand, then they can modify the term "pirate." Until then, the user agrees that to be considered pirate, they must brandish steel, wear an eyepatch and have a close, personal relationship with a parrot. Said parrot must have a foul mouth and/or belittle female passers-by, hereafter referred to as wenches.

    Ciao
    cfeagans

    Be advised: by reading this message, you agree to not change it's content by design or accident. Modifications of punctuality and spelling are included in this agreement, though they may improve the overall readability. Modifications to grammer and syntax are also prohibited, as they take away from the original designer's intent. Failure to comply with this agreement is punishable by fine or imprisonment or both.

  • Practice? Meet theory. Theory, Practice.
    In theory, theory and practice are the same. But in practice, they're different.
  • Illegal, unethical, immoral. That's Bleem!.
  • This is just another example of an opressive government taking away the rights and freedoms of their citizens, and we must stop it immediately. There is nothing wrong or illegal about modifying a Playstation with an aftermarket mod chip. It's sad when government officials who are totally ignorant of computers being bought out by big corporate power. I'd be willing to bet that whoever passed this legislation never even played Playstation and has never even seen a mod chip. He was simply bribed/misled by Sony's lobbiest/con artist into opposing foul laws over the people he was elected to protect.

    Mod chips are not necessarily going to be used to break copyright laws. Yes, with a mod chip, you *can* copy a friend's game for your own use, but they are many of us (myself included) who have modded Playstations that use burned discs for backup purposes. Allow me to clarify.

    I have a modded playstation, as well as about 50 or so games. Whenever I purchase a new game, I will immediately burn a copy for use and put the original in storage. You see, I have a tendency to become violent towards the playstation when I don't do too well in a game, and often, I will throw things at the game after a tough loss. This tends to break things. The fact is, CD's get scratched, rendering them unplayable, and I feel a lot better knowing that I have an extra copy around. This is not illegal, nor should it ever be illegal because I am making copys for my own personal use.

  • Reminds me of the current mindset on marijuana here. You can practically smoke it in front of your favorite police officer, but possessing it in small ziploc bags is a crime (because they expect you to sell it). So what do we see now ? pre-rolled joints being sold in public sight. It's so stupid but that's how the law works.

    My point is this : so it's illegal to sell the modchip, but is it illegal to sell a pre-chipped playstation in a store ? Just say "it's a pre-owned pre-chipped playstation". I don't quite expect shop owners to crack open the used playstations they buy off customers just to see if it's chipped or not, so it might be safe under the law. Sorta like how pawnshops can claim immunity for having one of their henchmen bust up a guy and steal his tv. "We didn't know it was stolen *snicker*". Well "We didn't know it was chipped" should be just as valid.

  • Region coding first, piracy second (Score:5)

    by bbk ( 33798 ) on Saturday March 03, 2001 @08:08AM (#387557) Homepage
    Playstation Modchipping is the only way to get around the region coding that Sony puts on every playstation game. It's basically same as the DVD regions, except only 3 - one for each of Japan, America, and Europe. If you want to play imported games, you either import consoles from each region or modchip, which removes the region coding from the Playstation.

    This also has the side effect of making it possible to play burned copies of games. Oh well.

    In australia, I'd bet that the main focus is to get foreign games to play, as australia probably only gets european releases (confirmation?), where far fewer games come out. In america, the main concern is playing japanese games that will never come out here, such as dating sims and music games.

    A good technical breif on modchips is availible here:http://www.modgalaxy.com/modchip.htm [modgalaxy.com]

    BBK

  • So, all your arguments are invalid. Thank you, and have a nice day.

    you say that with such athority. i come from a small town and the selection at the local video store is pretty high. granted there are smaller towns, but they are a short drive to a large one with a rental outlet.

    i would also like to add:
    9. start your own reviewing site with contributions from the users.

    10. with this new thing called the internet you can meet people from everywhere and discuss topics that people in your small town are not familar with. like for example if the newest game for the playstation is sucks, and the different ways to determine weather games is sucks.

    use LaTeX? want an online reference manager that
  • I think it's legal to mod Playstations into weapons of mass destruction in Iraq.....
  • Everyone seems to be arguing over the ligimitacy of playing backups/copies/etc and whether it costs Sony money or whatever..

    All this about piracy when there is one, very legitimate use for mod chips... Imports! You cant play Japanese games on an American playstation without modchips or other trickery!

    ----
  • Looks like somebody set them up the bomb.
  • This is only true if they don't buy any games at all.

    This is true, but if someone has a unit with a mod chip and access to a burner, how many games do you think they are going to buy? Most of the people that I know have not bought a single game after their mod chips were installed. They simple go rent or borrow a game, and then burn it. I'm not saying that all people are this way, but the majority of modded units are primarily used for playing pirated games.

  • It doesn't really matter if he himself is going to be prosecuted. If MOD chips are downright illegal to use, why should they be legal in any sense? Why not make it illegal to manufacture and distribute them as well? Believing, as you do, that a technology's illegitimate uses negates its legitimate uses is flawed. If lawmakers follow the same reasoning, they will outlaw these things entirely. That means that the legitimate users, like my friend, won't ever have a chance to be in the situation you describe, because they will never have access to this technology.
  • I wasn't looking to get into a moral discussion about this.

    Personally, I don't have a copy of a game that I have not purchased myself. But, I use copied games as backups, plus, modchips allow me to play import games that either never make it to the states, or only after a few months. Most people wonder why I've had a copy of The Bouncer since its release in Japan a few months ago, even though the US release is in a few days (hint: its not worth it, trust me). But, ESPECIALLY since I (used to) cover games on my site, I needed to make sure I had the biggest and the best...FIRST. People loved me for the fact that they could watch me play though the whole game in less than an hour on a streaming video channel, while IGN is still releasing a few screenshots and "rumors".

    Going back to your question, I'm not saying one way is more "right" than another. BUT, if you look at the statistics, and how consumers behave, its easy to see why this is a bad move on Sony's side. I'm saying that Sony would not have had the system with the popularity and sales that it did if it hadn't been for easy copies. Yes, that allows people to just search the net for half an hour to download the game they want. But you know what? In order to play that game, they would have to AT LEAST have purchased the Sony console in the first place. So, even though Sony is not making any money off the game (they're not "losing" it either), they would have at least gotten the $100/$150/$200 or whatever for the price of the console. Volume is underestimated in today's business. Groups like the RIAA think that they need to sell CDs for $20 to make a profit, when they'd probably make the same profit if they were $8. There IS some kind of curve to explain this (I forgot what it was called), and it does almost always equal out. But, if you sell them for less, not only will you make the same amount of money, customer satisfaction will rise. Trust me, you'll be a lot less pissed if you buy a crappy cd for $8 than if it was $8.

    This is why Nintendo will probably be screwing themselves too, with their own kind of dvd/mini disc-like format for their Game Cube. Obviously, they didn't learn their mistake the first time. Then again, not only are they refusing to publish Squaresoft titles unless its on their own terms (BIIIIIG mistake), they're also going to go the same route in marketing it to the 6-13 crowd, which controls a relatively small share of console buying power today.

    Now, the encryption/copy protection on the M$ X-Box hasn't really been discussed. But, if it is relatively easy to copy X-Box games compared to PS2/GC games, then Microsofts console WILL SELL, and it will sell WELL. I can guarantee that. Personally, I think Microsoft should basically ADVERTISE that their system lacks copy protection. Do you have ANY IDEA how many people will, upon hearing that, run out to their nearest EB to buy one? There would be an X-Box in almost half the homes in the country within a year or two! Of course, the chances of that happening are pretty slim, but I always wonder when these companies will start thinking with their heads and not their wallets. Only THEN will they know the true meaning of profit.

    *Tonight at 11: Nintendo sues Jack Valenti for his phrase "Gotta catch 'em all!" in reference to anyone using DeCSS. Valenti runs looking for shelter from an industry that is bigger than his. Film at 11.*
  • Time for people to buy the xbox.

    It doesn't have a territory lockout, so no worries about imports.

    Only thing remaining is backups. Which I never saw the need for BTW, I've never had a disc break that I didn't intentionally do myself.

  • What is the difference if I paint it green, attach racing stripes to it, or chip it?

    Well, you can't paint it green and add racing stripes. That's a fashion crime !!!

  • Re:Australia is doing the right thing. (Score:2)

    by Anonymous Coward
    You are full of shit because you assume that every pirated game equates with a lost sale. Sorry, it doesn't work that way. Here's an example. Sometimes I'll tape a show from the television. If I couldn't tape it, it doesn't mean that I'd go out and buy a copy (even if it were available). It just isn't worth much to me. Same with pirated games. Most people aren't going to buy the game anyway.

    What pirating tells us is that the price structure is all wrong for games. If the price on games were fair, then there would be little or no pirating.

  • In the strictest sense, it is not illegal to open up your playstation and modify it.

    What is illegal is the chip that goes into the playstation.

    To know why, you have to understand why copied games need the chip.

    Official games have playstation boot code on them, in a place that cd-r drives cannot burn to. So when a copy (or "backup") of a game is written, the boot block code is not where the playstation expects it to be, hence the game will not boot.

    The chip contains the code, and feeds it to the playstation, in place of it being read from the cd.

    The code in the boot block is copywrited. Therefore, the chip contains an illegal copy of the code and anyone that creates the chips or sells them is breaking the law, exactly the same as if they were selling pirate software.

    -----

  • quote: Pirated games hurt developers. Every time you play a game that was not purchased through legitimate channels, you are costing a developer money.

    That's not true at all! Because software costs nothing to replicate. If you have no intentions of buying the game. Then go out and find a pirated copy, no one has lost any potential money and you've gained a nice game.

    This happens with windows 2000. Do you think most people need DATACENTER? how much does it cost again? A lot. If someone who can't afford it pirates it, M$ hasn't lost any money!

    I think your main problem is counting your chickens before your eggs have hatched. The money is does not belong to the developers until and not before it's handed over.

    Not only that but I believe developers get a tiny fraction of what the companies, publishing houses etc. get. Just like in the music industry.

    "just connect this to..."
    BZZT.

  • The use of "is suck" can be traced to a poster on the newsgroup alt.aol-sucks, saying "AOL is sucks."

    The Anandtech forums are about as influential as the contents of the crap you took last night.

  • I'm sorry but I have a modded PS One

    When I saw that console, my first thought was "What? This is the kind of console that would be packed in a Barbie playset." Then, after a bit of pondering: "No, that's too cute to be Barbie. It looks more like Precious Moments [preciousmo...munity.com] style."

    and my Japanese games look just fine.

    What region are your console and TV designed for?

    ... Americans

    The screen corruption I mentioned requires that 50fps software be run on 60fps TVs or vice versa. (See other comments nearby about PAL60 TVs; however, it's very hard to find a 50fps TV in the US unless you have a video capture card in your PC.) Because NTSC-U/C and NTSC-J regions use identical 60 Hz NTSC television standards, there is no graphical corruption.

    I wrote: "European games are optimized for 50 fps PAL, while North American and Japanese games run on 60 fps NTSC ... Games that don't conform to the television will fall out of sync." Did you miss this part?

    But I agree that keeping Japanese games out of American hands, especially when not a lot of text is involved and the community accepts bad translations as humorous [planetstarsiege.com], is a result of outright greed.

    WHAT YOU SAY !!
    All your hallucinogen [pineight.com] are belong to us.
  • So, even though Sony is not making any money off the game (they're not "losing" it either), they would have at least gotten the $100/$150/$200 or whatever for the price of the console

    I'm not sure about the PS, but I know almost every other console ever has been sold below cost. They recover the loss by selling games, and making a few dollars per game. This is necessary since a $500 console won't sell very well.

    So please, DO NOT justify piracy of games by saying that the company still sold you the console. They really are "losing it" when you pirate games.

  • It's legal to make a personal backup (and other fair-use stuff), but it's illegal to purchase (or sell) the modifications required to make such a backup possible. That's the problem. The new laws do not affect fair use, they simply make it technically impossible by criminalising selected technology.

    (I can't believe my previous post got modded as a Troll for trying to explain the difference...)

    --

  • Re:playing pirated games (Score:3)

    by mistered ( 28404 ) on Saturday March 03, 2001 @12:16PM (#387596)
    What you say !!

    You wrote: The code in the boot block is copywrited.

    I shall present this mysterious, "copywrited" boot code for you: SCEA. That's it. Four letters. I doubt it's possible to copyright four letters.

    Have a look here for some modchip details [angelfire.com]. If you look around you can also find the source code for a number of modchips if you're into doing it yourself. It would be trivially easy to remove the alleged "copywrited" SCEA and distribute the source without it. You then could add any boot code you liked and put it in your own machine. (Obviously only the "SCEA" would make any sense.)

    Note that modchips also have a legitimate purpose: allowing you to play import games. Asian consoles look for SCEI, European ones look for SCEE and NA ones look for SCEA. If the modchip is inserting these "codes" then the playstation will play discs from any region. Note that anti-piracy modchips are also possible, by letting through the first three letters from the disc and inserting a fourth. This type of modchip only allows one to play import games, but not CDRs. (Figuring out what SCEA stands for is left as an exercise for the reader.)

  • Re:playing pirated games (Score:3)

    by atrowe ( 209484 ) on Saturday March 03, 2001 @08:20AM (#387599)
    Simple solution without using a mod chip:

    1. Tape down the sensor that checks to see if the disk door is open. Masking tape or duct tape works best. This makes the PlayStation think the door is always closed.

    2. Insert a legitimate game and wait for the SCEA screen to appear. At this point, the PlayStation is checking the boot code.

    3. Leaving the system powered up, open the door, remove the real game, and insert a burned game. Since the boot code is already loaded, the game will play fine.

  • Re:Australia is doing the right thing. (Score:3)

    by Flavio ( 12072 ) on Saturday March 03, 2001 @08:21AM (#387600)
    YOU are full of shit because you choose to ignore the status quo to make your little liberty manifesto logical.

    Most people who buy pirated games won't buy games legally, even if they're worth retail price.

    And considering how much trouble it is to produce, promote and distribute a game I wouldn't say $50's unfair for a good product.

    Flavio

  • I realize that this is probably splitting hairs, but there is a slight problem with the law as referenced in the article:

    Modchips, if I understand them correctly, can be used to unlock the region encoding to allow a player to play imported games; one of the side effects is that it also allows someone to play pirated games burned onto a CD. So, installing a modchip specifically to play pirated games is illegal, but what of chipping a PS2 to play import games? According to the article, just opening the PS2 voids the warranty; installing a modchip could land you with jail time and a fairly hefty fine...

    Not all of us can afford multiple PS2s, for example, let alone find them...

  • Anti-Piracy Measure (Score:4)

    by Chrimble ( 7748 ) on Saturday March 03, 2001 @08:26AM (#387604) Homepage
    From the article, it seems that this isn't law doesn't specifically have Joe Consumer in mind, it's intended to target the commercial pirate.

    Personally, I have no problem with the idea that people who flout copyright law (in the generic sense, not it's DMCA guise) should be punished - after all, the GPL relies on copyright law to keep people honest.

    What bothers me is that it fails to take into consideration that chipping doesn't necessarily mean somebody is going to be playing pirated games. What about those "grey imports", games shipped in from other countries like the US or Japan where a release of a game in Australia may never see the light of day? A chipped playstation might *never* be used to play a pirated game.

    Although Joe Consumer isn't targeted this time round, it doesn't take a great leap to see how a law such as this might be misapplied in the future.

    This story once again boils down to enabling corporate control through a government sanctioned law. A disturbing trend, and one which seems to be applied to more and more situations these days.

    Unfortunately, I believe things are going to get worse before they get better. Chipping a DVD player is another classic example. I chipped my DVD player in order to be able to play the new "R1E" format DVDs on my R2 player. I don't have *any* pirated movies, and don't intend to buy any. I just want to be able to watch movies. And don't even get me *started* on DeCSS. Boycotting DVDs is not the answer, if it fails as a format we'll only end up with something worse.

    There is one possible glimmer of light, however. And that is that every one of these laws is a house of straw. Legal precedents have yet to be made. I'm not giving up hope yet. People can still be educated. Let us hope we can get there in time.

  • Re:Australia is doing the right thing. (Score:3)

    by PhatKat ( 78180 ) on Saturday March 03, 2001 @08:27AM (#387605) Homepage
    You were doing so well for a second there.

    You have no right to purchase devices that facilitate stealing.

    I disagree. The problem with making ROM'ing illegal is that it makes illegal more than simply the piracy itself, because lawmakers are working on the same flawed assumption you are. There are aspects of ROM'ing that are both legitimate and legal. One of my friends is really into playing import games. Nothing wrong with that. He pays for the games and then he plays them. I guess he gets a kick out of bad translations [rmitz.org]. Anyway, to do this, from what I understand, he has to modify his playstation. I don't know technically if he needs to use a ROM chip. Either way, he needs to make modifications to his playstation that aren't going to hold up in court under this law, as I understand it. And that's what the problem is.

    Take napster for example. I think that for the most part, anyone with a reasonably convincing/plausible theory about the wrongs of banning napster isn't trying to argue that piracy isn't illegal and shouldn't be prosecuted as such. They're arguing that the means that napster uses to propogate pirated information is also used as a way to propogate legitimate information, and therefore cannot be shut down just to stop piracy. The same goes for ROMs.

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