quick question

[kizmet]

im in the US, is it Illegal to sell Modchips/Premod Ps2 or Xboxes?

[necrolop]

Its a grey area. But no you cannot be arrested nor sued for it. Just dont sell copies and your fine.

[ThAD0oD]

some states may have different laws, but more than likely no. If a modchip was used to only play backups then it'd be illegal. The only reason
modchips arent illegal is because they can play original imports...

its illegal in som ecountries because they believe the only reason for a modchip is to defeat copyright (aka, play backups).

technically its not illegal unless you own the original, but lets be serious here.....

if you're planning on selling them on a website, just make a disclaimer saying you frown on the use of backups and that they should only be used for original imports....

im done my rant

[kizmet]

isnt there like an official disclamer? does anyone have it?

[ThAD0oD]

Disclaimer/Terms
Section 117 of the US Copyright Laws.

As 117. Limitations on exclusive rights: Computer programs Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided: (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or (2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.

Laymen's Terms:
You are required to own an original copy of the title you intend to backup, if you sell or give away the original copy, you will either, (A) Destroy that backup or (B) Give the backup to the person receiving the original. This law extends to PC, PSX, and basically anything that consists of copyable data for backup purposes.

The creator of this page or the ISP hosting any content on this site take NO responsibility for the way you use the information provided on this site. All the objects on this site are private property and are not meant for viewing or any other purposes other than bandwidth space. If you enter this site you are not agreeing to these terms and you are violating code 431.322.12 of the Internet Privacy Act signed by Bill Clinton in 1995 and that means that you can NOT threaten our ISP, the web designer or any person(s) or company storing these files, cannot prosecute any person(s) affiliated with this page which includes family, friends or individuals who run or enter this web site.

Note:
Based on the Copyright laws stated above. You are entitled to owning backups if you do indeed own the original game. We are providing a service which is also protected under the copyright law to those who do not have the means of creating their own back up disc. By ordering from us, we understand that you indeed own the original copies of all the games you intend to purchase. If you don't own the games , you must destroy the backups within a 24 hour period or be accountable for Piracy and copyright infringement. During that 24 hour period you can use the backups under evaluation purposes only and if you intend to purchase the games after the evaluation you are entitled to keep the backups.

We do not practice Piracy nor do we condone it. You, the purchaser, will be held accountable for what ever actions you intend to do when in possession of the backups.

Please note again, we do not condone piracy, but we do recognize the ever-growing need for CD backup software to protect valuable originals. If you understand and agree with these terms and conditions and you are in no way, shape or form affiliated with any Government (police and/or federal) agency, or Sony, feel free to enter this site. If not, please leave now without entering. All information contained herein is strictly for informational & backup purposes only.

For more infomation, please go here:
http://www4.law.cornell.edu/uscode/17/117.html

[kizmet]

thanks

[ThAD0oD]

[SledDog]

I would highly advise you to also refer to the DMCA, as that was the criteria that UPS, FedEx, and US Customs were using to seize and hold shipments from Lik-Sang and other off-shore sites...

http://www.loc.gov/copyright/legislation/dmca.pdf

http://www.educause.edu/issues/dmca.html

http://www.eff.org/IP/DMCA/

[kizmet]

Lamen terms?

[ThAD0oD]

im not sure, because im no law expert, but i think it basically means what isnt illegal in another country, when shipped and gone through customs, if that thing is illegal in the country its shipped to, then they can deny it's coming into the country...

that might still be a bit confusing.... but heres a more simplified..

(if something is being shipped to you) if something thats illegal in the country you're in, that is being shipped from a country where it isnt illegal, the customs agency has the right to not let it in the country.

but thats my rendition, i dunno if its right.