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Thread: PS3/Console Jailbreak Illegal?
  

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  1. #1 PS3/Console Jailbreak Illegal? 
    diegsmoran is offline Member
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    Hiya guys, i know many people here at psx-scene modd their consoles and other stuff. Every day i see the updates and progress people have made, and it's great. But i've been hearing alot of mixed things recently and i wanted to get them cleared up. I live in canada so any rules in the canadian charter of human rights or any other leagal charter will greatly be appreciated.

    I wanted to know if by jailbreaking a console is it illegal. I've herd people get banned from X-box live for modding their X-box, but i want to know if more can be done. Could you get sued by Sony for jailbreaking? What is the worst possible thing that could happen. I've herd backing up games you already own is 100% legal so if you modd your ps3 but only use games you've bought 100% legally, can sony do something? What if you modd a friend's, is that illegal? And not just what people think, i really want actual laws. I've seen on other sites people hatiung modders and stuff because they modd but is there actually any crime here, if we were in a court of law (mind you, i don't plan on going to one)?

    Any help with rules or charts will be appreciated, opions are allowd too, but do take into consideration in all what i've said not just the fact of modding. I know people who do make modds and distribute do get sued by sony but what about people who just use them for normal backup means?
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  2. #2  
    Untold's Avatar
    Untold is online now Member
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    Quote Originally Posted by diegsmoran View Post
    Hiya guys, i know many people here at psx-scene modd their consoles and other stuff. Every day i see the updates and progress people have made, and it's great. But i've been hearing alot of mixed things recently and i wanted to get them cleared up. I live in canada so any rules in the canadian charter of human rights or any other leagal charter will greatly be appreciated.

    I wanted to know if by jailbreaking a console is it illegal. I've herd people get banned from X-box live for modding their X-box, but i want to know if more can be done. Could you get sued by Sony for jailbreaking? What is the worst possible thing that could happen. I've herd backing up games you already own is 100% legal so if you modd your ps3 but only use games you've bought 100% legally, can sony do something? What if you modd a friend's, is that illegal? And not just what people think, i really want actual laws. I've seen on other sites people hatiung modders and stuff because they modd but is there actually any crime here, if we were in a court of law (mind you, i don't plan on going to one)?

    Any help with rules or charts will be appreciated, opions are allowd too, but do take into consideration in all what i've said not just the fact of modding. I know people who do make modds and distribute do get sued by sony but what about people who just use them for normal backup means?
    in theory isn't illegal use something that u buy as u want.
    but when u buy it (like iphone) there's something like a contract with SCE that said that u can only use the consolle as they said.
    btw: jailbreak isn't illegal, piracy is.
    so buy ur games and use jailbreak for homebrew. (for example the SNES emulator is a great thing ^^)

    hope that this helps you

    Sorry for my bad english i'm italian >.<

    ps: microsoft Ban becouse u use software not approved or something like that (infact u flash a CFW on the dvd drive or install a chip(RGH) or a ODE(x360k)) so MS ban you (maybe for protect his server..idk..but MS do that)
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  3. #3  
    ccfman2004 is online now Member
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    The reason for people getting banned on Xbox Live for modding their console is that they have violated the Xbox LIVE Terms of Service agreement. In the US you are allowed to make a backup of a disc you own ONLY if you don't break the encryption on the disc so backing up 99% of commercial DVD movies is illegal.

    As far as I know there is no law against jail breaking your console but it does go against the End User License Agreement that Sony has. The problem is jail breaking the console and playing pirated games. That's the illegal part but each country is different. There are some countries where it is perfectly legal to pirate things.

    The reason that some modders went to jail wasn't due to them modding the console but they were also selling pirated games and selling pirated stuff is illegal.

    Sony will do everything possible to stop you from playing game backups as they see it as a threat to their source of income. Anything they think will hurt their bottom line, they will try to stop it regardless of what the law says even it hurts consumers. The game companies are trying to pass laws to make selling original games illegal as well as buying a used game.

    The biggest problem in the US is that the DMCA is over 12 years old and was made for a different time and the big companies don't want it changed.
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  4. #4  
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    indirect76 is online now Moderator
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    Quote Originally Posted by ccfman2004 View Post
    The reason that some modders went to jail wasn't due to them modding the console but they were also selling pirated games and selling pirated stuff is illegal.
    What modders were selling pirated games? I've not heard of this.
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  5. #5  
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    If you buy a car can you paint it any color u want?

    Can you change the streo? or change the engine and put in a faster one?

    Can you tint the window?

    I theroy y0ou Can custumize anything you "OWN"

    Just dont break laws that are logicay wrongl... If you buy it y0ou own it knough said.
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  6. #6  
    diegsmoran is offline Member
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    Okay so jailbreaking is not illegal. Thanks, only pirated games. I'm canadian, and yeah thanks that helps me sort things out. But for Sony, where does this sorta agreement come from, i've herd on another site as well that PS3 sorta owns your ps3 and can do what they want with it. Is this only for the warranty? Anyways thanks, I guess i'll be modding some ps3's in the future. One last question, Is FYYGames a reliable site, i herd previously that they did work but shipping took a long time. Does it still work, I'm planning on buying a jailbreak clone usb, and E3 Flasher. Oh yeah, last question, can the Nor Flash be removed after the installation and then re-used?
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