# Simple question: Legal or Not? **URL:** \ **Category:** Factual Questions\ **Created:** [November 25, 2003, 5:20pm UTC](https://boards.straightdope.com/t/simple-question-legal-or-not/215208 "2003-11-25T17:20:18Z")\ **Posts on this page:** 15\ **Page:** 1
**Author:** ![Jayrot](https://avatars.discourse-cdn.com/v4/letter/j/3ec8ea/32.png) [@Jayrot](https://boards.straightdope.com/u/Jayrot)\ **Post date:** [November 25, 2003, 5:20pm UTC](https://boards.straightdope.com/t/simple-question-legal-or-not/215208/1 "2003-11-25T17:20:18Z")
Installing a hardware mod into a Sony Playstation, legal or not? IOW, could I start a thread asking about the pros and cons of different PS2 mod chips (Magic, Messiah, etc.)? I suppose this could be **About This Message Board** domain, but the answer to the GQ about legality will answer the other. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [November 25, 2003, 5:25pm UTC](https://boards.straightdope.com/t/simple-question-legal-or-not/215208/2 "2003-11-25T17:25:17Z")
Depends on the terms if any of the purchase/licensing agreement. If it says you can’t modify it, then it’s a violation of the agreement (breach of contract and thus "illegal’). If it says you can modify it, then no problem. If it’s silent on the topic, the presumption is that it’s legal since had the drafter of the agreement intended to make it illegal they would have included it in the contract/agreement. IANAL etc. ---
**Author:** ![lembranca](https://avatars.discourse-cdn.com/v4/letter/l/838e76/32.png) [@lembranca](https://boards.straightdope.com/u/lembranca)\ **Post date:** [November 25, 2003, 5:52pm UTC](https://boards.straightdope.com/t/simple-question-legal-or-not/215208/3 "2003-11-25T17:52:11Z")
I believe in most jurisdictions, it is legal to use mod chips (sales of mod chips are a different matter), however I do believe installation of a hardwired mod chip does invalidate your warranty, so install at your own risk. ---
**Author:** ![chorpler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chorpler/32/2888_2.png) [@chorpler](https://boards.straightdope.com/u/chorpler)\ **Post date:** [November 25, 2003, 5:55pm UTC](https://boards.straightdope.com/t/simple-question-legal-or-not/215208/4 "2003-11-25T17:55:32Z")
What’s the purpose of modifying a Playstation? If it’s to get around copy protection features, then it’s probably a violation of the DMCA. Otherwise, I wouldn’t think it illegal, but I don’t know for sure. ---
**Author:** ![Lord\_Ashtar](https://avatars.discourse-cdn.com/v4/letter/l/7ea924/32.png) [@Lord\_Ashtar](https://boards.straightdope.com/u/Lord_Ashtar)\ **Post date:** [November 25, 2003, 6:10pm UTC](https://boards.straightdope.com/t/simple-question-legal-or-not/215208/5 "2003-11-25T18:10:26Z")
I seem to remember that we had a thread about this a few months ago. I don’t remember what it was called or anything, but I think the OP was asking if s/he could legally add a mod chip so that s/he could play games that were intended solely for Europe and Japan. I think the consensus was that it was illegal. ---
**Author:** ![Lynn\_Bodoni](https://avatars.discourse-cdn.com/v4/letter/l/e47c2d/32.png) [@Lynn\_Bodoni](https://boards.straightdope.com/u/Lynn_Bodoni)\ **Post date:** [November 25, 2003, 6:39pm UTC](https://boards.straightdope.com/t/simple-question-legal-or-not/215208/6 "2003-11-25T18:39:14Z")
From what I understand, chipping a PS to enable it to play out of region games is legal. Chipping a PS to enable it to play copied games is illegal. However, IANAL, etc. ---
**Author:** ![Jayrot](https://avatars.discourse-cdn.com/v4/letter/j/3ec8ea/32.png) [@Jayrot](https://boards.straightdope.com/u/Jayrot)\ **Post date:** [November 25, 2003, 7:15pm UTC](https://boards.straightdope.com/t/simple-question-legal-or-not/215208/7 "2003-11-25T19:15:15Z")
So what is the feeling on starting a thread about pros and cons of different mod chips I’m thinking of getting? ---
**Author:** ![FyreFiend](https://avatars.discourse-cdn.com/v4/letter/f/919ad9/32.png) [@FyreFiend](https://boards.straightdope.com/u/FyreFiend)\ **Post date:** [November 25, 2003, 7:33pm UTC](https://boards.straightdope.com/t/simple-question-legal-or-not/215208/8 "2003-11-25T19:33:57Z")
It’s one of those deals where Sony says it’s illegal, dealers say it’s legal, and users do what they want. A bit of a grey area. ---
**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\ **Post date:** [November 25, 2003, 7:41pm UTC](https://boards.straightdope.com/t/simple-question-legal-or-not/215208/9 "2003-11-25T19:41:48Z")
Well, given that the mod chips are probably illegal, I don’t think the thread is a very good idea. If you were trying to mod the box to soup it up, that might be a different matter, but assuming you’re trying to mod around various copy-protection schemes (which is my understanding of the chips’ main purpose), no sale. –Cliffy ---
**Author:** ![Jayrot](https://avatars.discourse-cdn.com/v4/letter/j/3ec8ea/32.png) [@Jayrot](https://boards.straightdope.com/u/Jayrot)\ **Post date:** [November 25, 2003, 7:53pm UTC](https://boards.straightdope.com/t/simple-question-legal-or-not/215208/10 "2003-11-25T19:53:23Z")
> [@](#): > > \*Originally posted by Cliffy \* > \*\*Well, given that the mod chips are probably illegal, I don’t think the thread is a very good idea. \*\* Umm…where is that given? > [@](#): > > \*Originally posted by Cliffy \* > **If you were trying to mod the box to soup it up, that might be a different matter** Who says I’m not? I know we’ve been around and around on the file sharing thing, but this seems different to me. I just want some advice, but I don’t want to piss off the mods in the process. ---
**Author:** ![Tusculan](https://avatars.discourse-cdn.com/v4/letter/t/ecd19e/32.png) [@Tusculan](https://boards.straightdope.com/u/Tusculan)\ **Post date:** [November 25, 2003, 8:22pm UTC](https://boards.straightdope.com/t/simple-question-legal-or-not/215208/11 "2003-11-25T20:22:10Z")
I’m guessing Cliffy is refering to Title 17 US Code, [par. 1201](http://www.copyright.gov/title17/92chap12.html#1201) and following: > [@](#): > > 1. Circumvention of copyright protection systems > (a) Violations Regarding Circumvention of Technological Measures. — (1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title. The prohibition contained in the preceding sentence shall take effect at the end of the 2-year period beginning on the date of the enactment of this chapter. > (etc.) There are a few important [exceptions](http://www.copyright.gov/1201/), though. ---
**Author:** ![Tusculan](https://avatars.discourse-cdn.com/v4/letter/t/ecd19e/32.png) [@Tusculan](https://boards.straightdope.com/u/Tusculan)\ **Post date:** [November 25, 2003, 8:29pm UTC](https://boards.straightdope.com/t/simple-question-legal-or-not/215208/12 "2003-11-25T20:29:20Z")
To be more precise, par. 1201 has several sections that seem to cover the chips in question, such as: > [@](#): > > (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that — > > (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title; > (snip) There’s more, but it would be a drag to quote it all when you can look it up through the link in my previous post. ---
**Author:** ![aeropl](https://avatars.discourse-cdn.com/v4/letter/a/f05b48/32.png) [@aeropl](https://boards.straightdope.com/u/aeropl)\ **Post date:** [November 25, 2003, 8:30pm UTC](https://boards.straightdope.com/t/simple-question-legal-or-not/215208/13 "2003-11-25T20:30:36Z")
Most of the mod chips enable the system to play out of region games, which is isn’t illegal, and also allow it to play copied games, which is usually illegal. Since it’s unclear, I think your best bet is to email a mod to ask before you post your mod-chip thread. ---
**Author:** ![missing\_link](https://avatars.discourse-cdn.com/v4/letter/m/d2c977/32.png) [@missing\_link](https://boards.straightdope.com/u/missing_link)\ **Post date:** [November 26, 2003, 2:50am UTC](https://boards.straightdope.com/t/simple-question-legal-or-not/215208/14 "2003-11-26T02:50:45Z")
It is hard to believe that modchips could be illegal. And I don’t think it is possible to have a licensing / purchase agreement when you buy hardware. Once you buy it it is yours and you can do whatever you want with it. At least here in Europe it is legal to sell and buy modchips. The thing that is illegal, is to put a hacked BIOS on the chip. It uses proprietary code. Using the xbox as an example, you can legally buy a modchip, install it (voiding your guarantee) and put a non proprietary XBox BIOS on it (e.g. the Linux Cromwell BIOS). Then you can install Linux on your xbox. Everything other than that is probably illegal (playing copied games etc.) ---
**Author:** ![Ms2001](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ms2001/32/18463_2.png) [@Ms2001](https://boards.straightdope.com/u/Ms2001)\ **Post date:** [November 26, 2003, 4:08am UTC](https://boards.straightdope.com/t/simple-question-legal-or-not/215208/15 "2003-11-26T04:08:11Z")
> [@](#): > > At least here in Europe it is legal to sell and buy modchips. In Europe there’s no DMCA. (Yet.) There are a few varieties of PlayStation mod chips. Some will let you play copied games (which aren’t necessarily illegal); some will only let you play imported games. However, what matters to the DMCA is that the PS’s region checking code “effectively controls access to a work” protected by copyright. I believe the DMCA makes it illegal to sell either kind of mod chip. Luckily, I chipped my PSX before the DMCA was passed. 😉