UK console modder wins appeal

Legal case against MrModChips retailer is quashed based on argument that piracy preceeded mod chip use; defendant awarded full costs.

An online retailer who imported mod chips from Hong Kong to allow overseas and copied games to be played on consoles walked free from court yesterday, opening up the possibility that modding may now be legal in the UK.

Neil Higgs, who runs Web site MrModChips, was facing the possibility of up to two years in jail for importing and selling the chips since 2002. The 38-year-old operated his business from his parents' home in Bristol and sold both pre-modded consoles and the chips themselves.

According to Team Xecuter, "the granting of this appeal based on the argument that the copyright infringement has already taken place before the use of a mod chip has resulted in the squashing of all 26 counts." The appeal was heard by Judge Justice Jacobs.

The MrModChips Web site currently has a picture of former British prime minister Winston Churchill making the victory sign and the word "Victory!" Higgs also thanked his legal team and well wishers for their support during his case.

GameSpot confirmed with the Court of Appeal Criminal Division that the counts against Higgs had been quashed.

The verdict of the appeals case follows one in Australia, which legalized mod chips in the country back in 2002, when Sony lost its legal battle to sue a seller. Judge Ronald Sackville declared that the mod chips did not violate Australian laws forbidding circumventing "technological protection measures," as they also prevented legal activity including playing backup and imported games.

107 Comments

  • deathskitten

    Posted Jun 17, 2008 7:19 am PT

    I'm quite happy about this. I agree that you should be allowed to modify a piece of hardware that you have brought. I should be allowed to back-up copies of my games and also import games. I got my original playstation chipped and because of this I was able to experience many many games that where never released in PAL regions! As long as I'm not copying and selling software I see no reason why I shouldn't be allowed to modify my hardware for my own (legal) benefits.

    To be honest probably 90% of my games are brought 2nd hand so the developers and publishers get very little money off me anyway.

  • necronaux

    Posted Jun 16, 2008 10:10 am PT

    As long as the mods are to play other regions discs/games, it shouldn't be a problem. There are already region-free DVD players, so why not? I understand it's intent is to reduce piracy, but If someone in one country wants an 'overseas' release of a game (exclusive, released early, different version, etc.) as long as they're willing to buy a legit copy, I'm all for it.

  • Petri87

    Posted Jun 16, 2008 8:40 am PT

    @tig1979 - Thats one way of thinking but the fact is that it isnt really your software because its copyrighted by the company that made it and there for they are the only ones that have the right to make copys of the game. Import games on the other hand should be ok but there is no way of enforcing it so they just make the source of all this illegal and thats that.
    And for the record. Everyone should pay for their games and support the companys that make them.

  • lanista

    Posted Jun 14, 2008 12:49 am PT

    @brianpoetzel Great read UncleLev.

    Yeah, I agree

    There are so many ways you could look at this and argue the point

    It's down to Capitalist Corporations having the financial influence to get government to pass laws to protect their profits. Like I said, whichever way you look at it, seems wrong to me that you can suffer heavier consequences for copyright theft than for taking the life of another human

  • brianpoetzel

    Posted Jun 13, 2008 2:14 pm PT

    Great read UncleLev.

  • brianpoetzel

    Posted Jun 13, 2008 2:10 pm PT

    Well, i suppose. Pirates use dvd burners to copy movies illegally but the burners are still legal. Makes sense to me.

  • tig1979

    Posted Jun 13, 2008 1:41 pm PT

    I agree with UncleLev should be up to us what we do with our own property

  • akiwak

    Posted Jun 13, 2008 12:18 pm PT

    Mod 2 play region free, Backing up Files, older systems= Good

    Mod 2 play games Pirated OR Rent/Dowload and never purchase=BAD

  • lanista

    Posted Jun 13, 2008 10:15 am PT

    @Obliterati "Yet another reason to do away with region-locked consoles. Globalization ftw."

    I believe the practice of "locking" was started by Nintendo, it didn't exist before that

    btw the xbox was never region locked in the hardware, neither is the x360

    It was left to the developers / publishers who decide whether to lock their individual games, or not

    This is no different to films, which can have a Region 0 and be played anywhere

    It's all down to companies and how they do their deals on publishing, and that may vary across territories. So in turn the publisher protects it's marketing spend and ROI $$$ by locking the software

    What I've never been able to understand though, is that you can get 10 years in prison in the UK and massive fines, for copyright theft

    Whereas if you kill a child on the road by driving dangerously, you might only get 2 years in jail

  • UncleLev

    Posted Jun 13, 2008 9:49 am PT

    I think the bottom line is that it is hardware you paid for, and you should have the right to tweak it, modify it and do whatever you want with it, as it is your own property.

    I think a lot of people seem to be missing the point, that this is about basic freedom. Corporations and the government should not be able to tell you what you can and can't do with something you purchased.

    If someone breaks the law as a result of which, then we already have laws setup to prosecute those people. Do we really need laws to infringe on our rights as a consumer, just to preemptively punish everyone else in the process? As a society, we should know when a law is necessary, and when a law isn't. To tell me, if I can't use hardware I purchased anyway I want (for all you know, I could be writing home brew and *legal* applications for it) is not only ludicrous, but it really reflects a mentality of a society so eager to trade off basic freedoms, while somehow believing it will prevent bad apples from growing.

    Also, someone mentioned something about all the hard work and determination that people pour into games, but I find it rather ironic that many of us use open source software (which exists only because of just as much hard work and determination) that we can download freely, by programmers who decided that their skill and knowledge should be a blessing to society. The fact remains, some people choose to give their hard work with developing software back to society, with the belief that technology and information help strengthen and improve us. Others see software as a means to create revenue. The difference? Certain people have a social conscious, while others have their own interests at the forefront of their agenda. Now, I am not saying that I don't believe in commercial software, or paying for games - I'm merely saying that a lot of you people seem to only see software in one narrow perspective. Considering we live in a capitalist society in which money is more important than people, it's not hard to imagine why many of us seem to have been conditioned into thinking that things are supposed to be a certain way.

    As an open source software developer myself, I take offense at the comment about equating the notion of hard work to money. My reward is the mental satisfaction I get from knowing I made a choice to benefit society as a whole, as opposed to merely myself. So please, say what you want about the issue itself and what you think about piracy and what not, but don't try to establish a parallel between hard work and money, because there are many people who see beyond money.

    On a side note, the fact that many of us come from privileged countries really seems to shine through. Much of what I'm reading here seems to indicate that many of us either aren't aware of social inequalities that create the barrier between rich and poor, or that we simply can't empathize to what it might be like to be tossed into the world with every mechanism of the system going against you.

    I feel that the most civil and effective means of combating piracy is for those who say they are losing out, to make it worth our while to continue purchasing what they are selling. If incentives are offered for the purchase of the official product (color manuals that aren't four pages thick, points good towards other products, or how about quality products), then possibly less people would be prone to pirated it when they otherwise could afford to purchase it.

    A lot of us seem to act like we are economic expects, or have a clue about the structural model of software production, but the fact of the matter is most of us are only speaking from our personal convictions, and not from a broader and more open perspective.

    Oh, and for the record, say what you want about my views and label me a pirate if that makes you feel better, but the truth of the matter is I have purchased some 60+ Xbox 360 games (all legitimately, brand new, and from genuine retailers). I have the money to do so, but I am at least open minded enough to realize there are more issues involved here than most of us seem to address.

  • kavadias1981

    Posted Jun 13, 2008 8:49 am PT

    @danjammer69 - I agree. Effing poor want everything for nothing. Lazy buggers dont deserve to play videogames like those of us who actually earn the money to buy them.

  • danjammer69

    Posted Jun 13, 2008 8:06 am PT

    jtvbetta......That is a load of rubbish and racist at best. Poor people deserve to steal games because somebody else had the motivation to actually EARN their money and the right to own a copy of a game?

    Entitlement is becoming a scourge these days....nobody feels that hard work, determination, and motivation count for anything anymore. You want the latest games? GET A JOB!

  • Diernes

    Posted Jun 13, 2008 7:37 am PT

    Ummm thats a load of crap. PC gaming is actually probably stronger than ever. Its no where near dead, its changing...

    Take a look at the stats for online distribution and MMORPG and tell me PC gaming has been "brought to its knees".... get a grip

  • miiiguel

    Posted Jun 13, 2008 6:02 am PT

    Ozzie234, that makes no sense... who decides who can pay and who can't? Must we show our IRS to the clerck?
    There are people who thinks by buying a console they are entitled to a free pass to all the games they want. Something has to give..., this is a buisness, not social security.

  • miiiguel

    Posted Jun 13, 2008 5:55 am PT

    What a loser. Pirating video-games hurts the industry/community bad, it brought PC gaming to its knees..., let's hope these greedy a**** don't do the same to consoles.

  • Crey93

    Posted Jun 13, 2008 5:42 am PT

    who the hell buys a pirate copy i understand the guys who ''dowloads for free'' since some games arent available for them, but buying a pirate copy is just sad.

  • thepuzl

    Posted Jun 13, 2008 4:25 am PT

    just because he runs his business from their house, it doesn't necessarily mean he lives there.

  • raverrozza

    Posted Jun 13, 2008 2:29 am PT

    38 and still living with his parents?? get a life loser!

  • shinchy

    Posted Jun 13, 2008 1:27 am PT

    I say THANK YOU!

    Means I can get a mod chip and finally import Grandia 3, Xenosaga 1 and 3, SH3, Chrono Cross, Xenogears, Star Ocean 2, Final Fantasy Tactics, etc. etc. The list goes on, but at least there is now a way to play them.

  • kavadias1981

    Posted Jun 13, 2008 12:49 am PT

    I cant understand why a person would buy a pirate copy of a game. I feel PROUD to give money back to the developer whose game I bought. With that money they can keep going and make me more even better games. Buying a pirate copy is like spitting in the faces of all the people that devoted their time and effort into bringing us great games.

  • CrackerMcGee

    Posted Jun 13, 2008 12:36 am PT

    I photocopy money, its nice to backup my savings.

  • jonajacket

    Posted Jun 12, 2008 11:49 pm PT

    I'm with Obliterati 'Yet another reason to do away with region-locked consoles. Globalization ftw'

    I'm from the UK and always modded my systems until I started buying import systems. When you have to wait 6-12 months or longer than the US/Japan to play games and then pay substantially more for the pleasure, importing games becomes a given for any serious gamer in Europe.

  • bullsfan769

    Posted Jun 12, 2008 7:51 pm PT

    i agree with ozzie234 with so many people playing illegal games for free theyll drop the price of playing legal games to compete with that

  • OfficialBed

    Posted Jun 12, 2008 7:05 pm PT

    people shouldn't be so cheap and just buy the games

  • Ozzie234

    Posted Jun 12, 2008 6:21 pm PT

    "With more people pirating games expect prices to continue to got UP!!!"

    And how does that apply to Supply & Demand? No, it's quite the opposite. With more people pirating games expect prices to go DOWN!.... and the software industry to collapse further down the road of course.

  • Ozzie234

    Posted Jun 12, 2008 5:52 pm PT

    Let me add to this, me myself has no modded consoles, and buy all my games..... I can afford it, and I strongly urge every gamer to legally purchase his software. That's the real basis for quality.

  • Ozzie234

    Posted Jun 12, 2008 5:43 pm PT

    In some regions of the world a game is just as expensive as a weeks sallary, wonder why piracy exist in those places? Also, many teens have such a shortage of money they simply couldn't afford paying for games, even if they wanted to. And besides, would they have bought all games they pirated? So can one say these peoples pirated games really are lost sales? Or a real problem? I don't think so. I suggest a very simple solution; if you honestly can afford buying a game - buy it, If you can't - do the forbidden thing. If such a "rule" is applied with reason, piracy isn't even a problem. Simple as that.

  • Blank2k2

    Posted Jun 12, 2008 4:53 pm PT

    Seems to be a twitchy subject, But i agree mod chipping should be allowed.

    my old PS1 games, granted they've been abused over many years but alot of them no longer work, my PS2 games i had a couple of those get destroyed over the years (granted, abused abit, left out etc) but i did end up getting a mod chip, and i did backup all my fave games & those copys are now ruined but the original disks are still spotless cause i left them in there boxes in the wardrobe untouched.

    my Xbox360 games which im paying obscene prices for im having to treat them like there gold plated, id love to be able to just run off a copy & keep the original as a master disk without the worry of getting bricked on xbox live.

  • dreadkght

    Posted Jun 12, 2008 4:42 pm PT

    I've had instances where my games were destroyed, in that case I would prefer to be able to get a back up copy than by another one. Case in point while I was work a person within my house let my 5 year old nephew into my room which knocked down my 360 while gears was running a game in which he shouldn't of been playing. The 360 was saved but the disc was scratched to high hell. Save me your speeches about people buying copied games. That is illegal and should remain illegal but don't tell me the consumer that back up copies don't serve a purpose.

  • kenshinhimura16

    Posted Jun 12, 2008 4:23 pm PT

    modding should not be ilegal. Ilegal Software though.....

  • Generic_Dude

    Posted Jun 12, 2008 3:47 pm PT

    While such devices obviously can enable piracy, they can enable activity such as playing import games (which should be allowed anyway, enough with region locking) and homebrew software (I'm looking at you, PSP). Fair use... I shouldn't be harrassed for having a modded console or handheld until I do something illegal (i.e. play a "backup" game).

  • edwise18

    Posted Jun 12, 2008 3:38 pm PT

    This is stupid. It's basically promoting piracy no matter how you spin it.
    Like TehPickle said. Back up copies? Yeah Right. *rolls eyes*

  • umbrae

    Posted Jun 12, 2008 3:17 pm PT

    Can we get a ruling like this in the US, PLEASE?

  • jtthegame316

    Posted Jun 12, 2008 3:08 pm PT

    sony trying to sue again what a suprise what is there problem.. anyway there is nothing wrong with playing import game cause imports games are not copied games they are a real copy.

  • TehPickle

    Posted Jun 12, 2008 2:39 pm PT

    This is a shady subject indeed.

    Imports: fair enough. A gamer may want to play a title that's never going to be released / heavily delayed in their own region and that's totally understandable. In my opinion it's the console manufacturers own short-sightedness for not making their hardware region free.

    Back-ups: I don't even understand what that's supposed to mean! Making a copy of a game in case the dog eats it? In case said person is unable to look after their own possessions and their disc somehow ends up under a steamroller?

    In a nutshell what scares me is cases like this open the piracy floodgates under the guise of improving things for the customer.

  • ronnoc10

    Posted Jun 12, 2008 2:37 pm PT

    @MightyMouse505 : It's not about the ability to play pirated games, it's about the ability to modify hardware that you have purchased. The court ruled that even though it could be used to play pirated games, the modification itself should not be illegal. /n "good and bad u dont know how many poor people in the world cant even buy a single original game so they go with the copy game and i dont blame them. " -That is the most ignorant thing I have ever heard. If they can buy pirated games, they just as easily spend there money in an internet cafe, and play video games to their hearts content.

  • lanista

    Posted Jun 12, 2008 2:29 pm PT

    I thought we weren't allowed to speak on this topic? Although maybe those of us in the UK can actually do so now? Can anyone clarify?

  • MightyMouse505

    Posted Jun 12, 2008 2:29 pm PT

    This sounds ridiculous to me. I'm no expert in law, but it seems like this decision is beyond stupid - so because piracy has already taken place before he further enables copyright infringement, he's innocent? By that logic, if someone robbed a bank and then gave you the money, you wouldn't have to give it back and wouldn't get in trouble for having it and spending it, right? WTF? How is this guy free, and how does Sony lose a legal battle against someone pirating their products (in AU) ?!?

  • nnn2004

    Posted Jun 12, 2008 2:23 pm PT

    good and bad u dont know how many poor people in the world cant even buy a single original game so they go with the copy game and i dont blame them.

  • IGDetail

    Posted Jun 12, 2008 2:10 pm PT

    I loved importing weird games when I had spare cash to spend on playing (PS2).... now I just do it through the PSN, which is okay but not as adventurous. The only reason I can come up with for not being able to play imports is the complaints from people buying games they can't understand.... sad as it may sound. If they unlocked the regional codes, there'd probably be a better argument against people modding for game copies....

  • Viral-venom13

    Posted Jun 12, 2008 2:08 pm PT

    If modding of consoles becomes legal then game makers and developers are in for a huge loss in profits like whats taking place in the movie and music industries!!

  • MasterCorban

    Posted Jun 12, 2008 1:58 pm PT

    ADJ209 Games are ridiciously overpriced these days..
    I had to buy MGS4 for £45 ($90)..

    Are they? I remember in must be 1994 i bought Mario Kart (the original) for £30 or £40. Thats what i can get the new one for now-and the value of money has actually decreased therefore its cheaper now than ever! You just dont notice it happening.

  • dukerav

    Posted Jun 12, 2008 1:51 pm PT

    Sad story, score one for piracy, 0 for all the rest of us.

  • TrueProphecy22

    Posted Jun 12, 2008 1:41 pm PT

    Obviously what ADJ209 is saying MoK86, is that he had to pay 90$ to purchase MGS4. He's just stating the facts.

  • otanikun

    Posted Jun 12, 2008 1:27 pm PT

    That's so awesome, congrats you lucky modding sob ^_^

  • MoK86

    Posted Jun 12, 2008 1:19 pm PT

    ADJ209

    you didnt have to buy the game for $90 so dont complain infact you didnt have to buy the game.

  • ADJ209

    Posted Jun 12, 2008 1:11 pm PT

    Games are ridiciously overpriced these days..
    I had to buy MGS4 for £45 ($90)..

  • KLONE360

    Posted Jun 12, 2008 1:06 pm PT

    This guys a loser he has his business at his parents WTF does he live there to haha Fat 38 year old with no life lol. And i can sure see europes game industry going down the drain

  • Nineball2112

    Posted Jun 12, 2008 1:06 pm PT

    Guts5 posted " It's a matter of waiting for it and earning it. I'm too poor to own a 10 bedroom house, too poor to own a Porche, and a LOT of other things. That doesn't give me the right to go steal those things. The reallity is I probably could afford the house or the car, but I'd have to eat beans everyday and drink only water with no going out etc...

    That's the lamest copout of all... I can't afford it. Yes, you COULD. Stop drinking, stop smoking, stop going out to eat, stop going to see movies... whatever and you'd have the money. You choose to steal and do have a choice."

    You are 110% right and you absolutely nail the whole thing in that post.
    I'd give you 2 thumbs up if I could. Excellent post.

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