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

  • lamplan

    Posted Jun 12, 2008 12:48 pm PT

    Legal over-logic-ing again fails common sense.

  • Link_86_1

    Posted Jun 12, 2008 12:46 pm PT

    An inspiration for any good person.

  • King_Louie

    Posted Jun 12, 2008 12:38 pm PT

    People like this are viruses, while benefiting from the games industry they are simultaneously damaging it.

  • Hokkie

    Posted Jun 12, 2008 12:26 pm PT

    @ZippyDSMlee

    also I refuse to spend money on live when I am paying 50$ a month for the net

    Ok, well, you do realize that if you got live, you'd only be spending $55 a month for both net AND live? XBL isn't about nickel and diming you, its about supplying a better form of online gaming. The way you put it, it seems like you purchase every game you believe is good w/o trying it or even caring what the opinion of others are. So youd rather spend $60 for everygame that might be garbage, but dont want to drop $5 for a premium service to enjoy your games more?

    On topic, I dont know exactly what his chips were intented for (backwards compatability, imported games) but he needs to go, and these companys need to add another 2 ounces to their consoles so i can play 100% of my older generation games.

  • matrixman2k

    Posted Jun 12, 2008 12:23 pm PT

    Good, but ironic that justice Moses said chips are illegal and justice Jacobs says its ok.... What's next, Aaron (Moses's brother) coming out saying dodgy copies of games (you know the ones from the Sunday market for fiver) are legal...

    This might be a good thing for the freedom seekers though, as some restrictions will have been lifted. Still people that want to do dodgy things won't be stopped anyway, they'll always find ways!

  • zintarr

    Posted Jun 12, 2008 12:17 pm PT

    He is still acting as a conduit to theft.

  • nate1222

    Posted Jun 12, 2008 12:12 pm PT

    I understand console makers not wanting us to 'steal' their games via 'bootleg'. But the 'regionalization' crap is unneccessary on their part. It's bad enough that Sony and Micro$oft either half-ass or deny BC in their current consoles. Hell, I'd buy a 40GB PS3 - if I could CHEAPLY mod it to play my beloved PS2 games! Otherwise, my PS2 and Genisis are going to get heavy rotation for a few more years.

  • Emraldo

    Posted Jun 12, 2008 12:11 pm PT

    "The 38-year-old operated his business from his parents' home in Bristol..." Hahaha

  • Guts5

    Posted Jun 12, 2008 12:00 pm PT

    "star77241 I can understand that they don't want consoles to play copied games. But I've never understood why they have to prevent us from playing imports. They still make money, don't they? The whole regional lockout thing is crap. What are they worried about, spoilers? I don't think so, or they would fight the whole internet."

    As much as I am against stealing, I totally support your point here. The regional stuff is complete garbage and unnecessary. If you want to play an import, power to you. They shouldn't be limiting that. So, if the mod ONLY did that, then that would be fine because you'd still have to buy the game etc... No theft involved.

  • Obliterati

    Posted Jun 12, 2008 11:54 am PT

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

  • Dawg9000

    Posted Jun 12, 2008 11:50 am PT

    Man I remember the old PS1 modding days. Awesome lol.

  • akiwak

    Posted Jun 12, 2008 11:50 am PT

    I am cheap. I want everything free but I love gaming too much though to hurt it by buying pirated games. For people complaining about prices, you're just too lazy. All electronics stores always have sales but sometimes yes, it does take too long to find THE GAME you really want to buy. I found COD4 on sale at Kmart for $39.99 two months ago! If it is truly a good game it will come out later in Greatest/Platinum Hits and then you truly get a GOOD game at a low price. I for one do not like or use pirated games and I hope you all don't!

  • star77241

    Posted Jun 12, 2008 11:50 am PT

    I can understand that they don't want consoles to play copied games. But I've never understood why they have to prevent us from playing imports. They still make money, don't they? The whole regional lockout thing is crap. What are they worried about, spoilers? I don't think so, or they would fight the whole internet.

  • canuter posted Jun 12, 2008 11:42 am PT (does not meet display criteria. sign in to show)

    canuter

    Posted Jun 12, 2008 11:42 am PT (hide)

    I can modify my PC, why consoles should be different?

  • -Celeste-

    Posted Jun 12, 2008 11:26 am PT

    In keeping with the car comparision...

    Modding a console is not like stealing a car. The car itself doesn't belong to you, and, until you actually get the priated game, you aren't stealing. Some people do mod for imported games (as shocking as that may sound).

    Now, modding a console to play an imported game is like converting a gas powerd porsche into a deisel or alcohol burner. You're not stealing or doing anything but changing what its supposed to opperate one. Converting a game to run from Pal to US format is similiar as long as you dont sell off copies. But, i think thats not possible.

  • Guts5

    Posted Jun 12, 2008 11:13 am PT

    ZippyDSMLee Did I mention the industry? No. I don't care about how much impact it has. The simple fact is theft is theft and only a self centered spoiled brat that believes they are entitled to do whatever they want... would defend stealing anything, OTHER than food if they were starving or had kids that were starving etc...

  • rev0lver69

    Posted Jun 12, 2008 11:10 am PT

    @Guts5

    The only way that your Porsche vs. games analogy works is if you had a magic machine that cloned automobiles.

    Otherwise you are just comparing apples to emus

  • ZippyDSMLee

    Posted Jun 12, 2008 11:03 am PT

    Guts5
    ya right and money grows on trees and we give trees for bad crappy games we cant return,sorry demos don;t cut it when they are made off the first 2 levels showing nothing about the core of the gameplay, also I refuse to spend money on live when I am paying 50$ a month for the net, so yet again the industry nickels and dimes you out of everything you have just so you can stay current with the crap they are spewing, using your logic buying used is bad as well since the the industry dose not make a profit off it, sorry there is a gray area and the more the media mafia tries to lock it down and control it the less retail products I will buy from them because they don;t want me to play a game I bought off line or with its disc, the damage done to the industries by piracy is infidecimal to the damage they are doing to them selfs because they refuse to grow up and get with the changing market environment.

  • Guts5

    Posted Jun 12, 2008 10:31 am PT

    "Nineball2112 @ GeigerdolylWodd - Yeah, I know it's wrong and I agree with you that everyone has a moral compass of some sort, but it sure seems like most people's compasses don't work.

    Modding a system to be able to use pirated copies of games is wrong and if it becomes widespread, it'll help destroy the gaming industry."

    Completly agree. You have this generation of spoiled brats that grow up thinking they are entitled to get everything they want in life... even if they have to steal it.

    There is zero difference between stealing a game or a car etc... A company made the product and the company expects you buy the product in order to use it.

    With all the awesome demos out there now for LIVE there is no reason someone can't download them and try them before they buy. There is no good reason in existance to have an illegal copy. EVERYONE can afford any game they want. 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.

  • ZippyDSMLee

    Posted Jun 12, 2008 10:25 am PT

    Phr4nk0
    great post BTW =^^=

    Well one could say MS promotes piracy by not effecting new protections and things to ensure the softmod dose not work so well, if they could make a subscribed service to let you run copies as long as the unit is online that would be a nice start but everyone would start wanting a piece of the pie, since most consumers are oblivious to the rights holders/publishers since consumers are to small to care about indavendaully consumers can infringe on the IP but once a company dose it blood is in the water .

    The media industry should focus on illisct profit because thats where any extra profit would come from,by jading the consumer they just lose profits.

  • ctg867

    Posted Jun 12, 2008 10:17 am PT

    I have no problem with making mod chips illegal to make and sell, and arresting and or fining someone for breaking that law. Just like I think it should be illegal to sell certain plates and slides for weapons that would modify them and make them illegal. Not making the two things equal, but you get the comparison.

    I think piracy is a huge problem in gaming, and even this is somewhat of a constriction on some usage rights, I'm okay with that. More power to the gaming companies.

  • Phr4nk0

    Posted Jun 12, 2008 9:51 am PT

    They've done studies proving that piracy isn't a major source of revenue loss. If people can't afford a game, they wont get it, they'll get it online. If there was no piracy, they wouldnt get it online either, how does this make the publisher more moneys? It doesn't they get the same amount.

    If people can only afford one game, they'll get the one they want most, and download the other one. This is capitalism, competition and smart use of money. If the other game wasn't up for download they wouldnt get it anyway - no moneys for that publisher either way. If anything they are helping the developer/publisher by bolstering the online community, thus making the game more enjoyable/enticing for the people who chose to buy said game.

    At the end of the day, publishers want more money, thats it. If piracy somehow made them money they'd be promoting it. All the stat to stat comparisons are bs, 1 mill sold, 1.5 mill online... hmm .5 mill times 50 bucks = lots of moneys we didnt get. BS, those people wouldnt have bought your game either way.

  • ZippyDSMLee

    Posted Jun 12, 2008 9:47 am PT

    ptown58
    this is true the 30% of people world wide that make copies will never hurt the bulk of profits, just like blank media has never hurt profits.

    Takara_Kitsune
    The trouble is they found they can make a nice profit with regional schemes, and this is something the media mafia across the board dose in part comes from the way localization contracts came about, even valve has figured out that you can make more money by releasing it all at once because even they understand the disposable nature of the game industry and the need to gain the "worlds" attention over a product in the first vital 6 months,if you break up the regional releases into every few months you will lose interest and be forced to raise prices to keep to your profiteering goals.

    DontEatCream
    not relay the market will bleed dry what it can from the market,instead of staying competitive they set prices high as so they can maximize profits regardless of any issues that might arise from it, the music industry is notorious for this, the media industries are running on old business schemes and ideas.

  • akiwak

    Posted Jun 12, 2008 9:43 am PT

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

  • ptown58

    Posted Jun 12, 2008 9:35 am PT

    It doesn't mater if people make copies of their own games or if people pirate them, games will be $60 and more anyways. That logic has been proved wrong over and over. Glad this guy had funds for a legal team.

  • Takara_Kitsune

    Posted Jun 12, 2008 9:35 am PT

    To some extent, this would all be made easier if legal copies of games from any region worked on any console... that'd make the purpose of the mod chips entirely obvious. Well, save for the backups. Either way, congrats to Mr. Higgs for being able to get out of the charges. While I'm sure he's well aware of what the mod chips can allow, I'm certain he wasn't selling them purely for the intent of playing burned games. And seriously, region protection is dumb. It's only a way to make more money. The only things it truly has done is cause folks in the UK to entirely miss out on games, or have to wait a ridiculously long time after the rest of the world. I'm in the US, so my wait isn't as long, but still, all it does it lock a game to one region, so that others have to wait for it to be available in their area, or get a modified/different region system. Long story short: I'm all for playing games from other regions, but I'm not all for playing burned games. Unfortunately, being able to play burned games is a side effect of the nature of mod chip.

  • DontEatCream

    Posted Jun 12, 2008 9:35 am PT

    More expensive games = more piracy. More piracy = more expensive games. It's a vicious cycle, but someone has to break it, and I think that responsibility falls on publishers. Who the hell decided that 60 dollars was the new standard anyway? If they make games a bit cheaper, more people will buy it. It's not like pressing more DVDs is that expensive to do. In the end, the cheaper sale cost of the game is balanced by more consumers buying the game, and they -at least- make the same amount of cash as they would have by keeping the game at 60 bucks a pop.

  • ZippyDSMLee

    Posted Jun 12, 2008 9:31 am PT

    Sorry mod chips are no different than modifying your car or PC with aftermarket accessories, the media mafia needs to get away from hounding the consumer over every little thing, they every think over price games and pointless protections on PC games that make them unplayable or bad 50$ games or not being able to return said crappy 50$ game or regional price schemes to inflate the cost and open themselves to more piracy by delaying a release losing profits just because they want to control the market to much…
    Sorry but the industry is the cause of most of its profit losses not the pirates who existed long before media came around.

    That’s right “piracy” is the cost of doing business and in order to do a good business you focus on illicit profits not consumers lending their games to a friend or modding their system so they don’t get their disc scratched up, if you want to stop moding start treating games as the disposable items you sale them as and sale them for no more than 20$ a pop, since the industry can’t move away from your price rackets I refuse to buy retail and won’t buy retail until the media industries stop treating consumers like thieving leapers.

    In the end the industry with its lack of focus and care on the product and the market dose far more damage than the magical one legged bandit every will…

  • thekey

    Posted Jun 12, 2008 9:20 am PT

    It's things like this that make me realize why Next-gen games start off at $60 a pop.

  • Nineball2112

    Posted Jun 12, 2008 9:14 am PT

    @ GeigerdolylWodd - Yeah, I know it's wrong and I agree with you that everyone has a moral compass of some sort, but it sure seems like most people's compasses don't work.

    Modding a system to be able to use pirated copies of games is wrong and if it becomes widespread, it'll help destroy the gaming industry.

  • stradd

    Posted Jun 12, 2008 9:14 am PT

    I'm glad the guy won, I mean its not like he's jumping online and annihilating people on account of his modded console. I don't personally have a modded system, but then again I only play games online for the most part. More over, you PC gamers out there should calm down. You act like developers adjusted their focus to console entertainment as a result of piracy, which just isn't the case. In most, if not all cases, it was a financial decision made to reflect the fact that developers can and will in most cases make a bigger profit by focusing on console development. (Note: Blizzard may be excluded from the previous statement, mmorpgs are definitely more popular on PC) Point is, piracy didn't affect that change, economics did. I mean face it, though graphics, speed, and sound are definitely gonna be better on a high end gaming PC, consoles are a heck of a lot more popular (unless you're playing WOW).

    That being said, you're much more likely to run across someone cheating their way thru an mp game of cod4 using a mod when you're on the PC versus playing on the 360.

  • StricerOokami

    Posted Jun 12, 2008 9:09 am PT

    I really wish there was a mod chip that would only disable region protection,i don't see anything illegal with playing import games

    Sony figured it out,next generation it's up to Microsoft and Nintendo to do the same.

  • Guts5

    Posted Jun 12, 2008 9:00 am PT

    I like MS's stance on all of this. You can't play online. I do agree that these software developers should have a better return policy for games that are damaged, but then again there are repair kits for most circumstances.

  • Irve

    Posted Jun 12, 2008 8:52 am PT

    ColdRush88 :
    what , useless apps like being able to play proper movie formats rather than have to spend 2 hours onvrting to sony's version of MP4 ?? .... please !!!
    i don't even play the game i've got on my PSP .. let alone the need for moody titles !
    that said i still mean to get round to buying Loco roco

  • shadystxxx

    Posted Jun 12, 2008 8:51 am PT

    This is quite pathetic, this kind of shows that pirating is acceptable, backing up your games is nonsense, i do not believe anybody how says "i chip my system only to play back up of my games", people chip there systems so they can play copied games, and those people who say "its to play games from other regions" are also liars, they may do it to play imported games but they dont import there games they download them.

    They really need to sort this out, i really like pc gaming but pirating is so bad in that market that developers who were once exclusive are making console games and making a pc game as an after thought.

    I support the gaming industry and the only way to do that is to purchase there products.

  • ColdRush88

    Posted Jun 12, 2008 8:31 am PT

    Consoles don't need modded and I officially hate people who do mod them. If so many hackers hadn't ripped apart the PSP and gave it all those useless features like a PDF reader there would be many more great games for the greatest handheld.
    He should have got the 2 years in jail.

  • ocdog45

    Posted Jun 12, 2008 8:29 am PT

    damm. who would of htought. some sort of appeal will come through obviosuly. big buisnesss would not like this at all.

  • console-deity

    Posted Jun 12, 2008 8:22 am PT

    This guy should be thrown in jail and the key thrown away.

  • Irve

    Posted Jun 12, 2008 8:22 am PT

    RESULT !!!! , i think if games companies want to stop Mod chips having support they need to do a few things
    firstly :
    don't drive importers out of business .. i'm talking to you sony !!
    secondly
    remove regional coding from consoles
    finally
    support web based Java games.
    if
    if they did that you wouldn't be offering the temptation of piracy to people as you remove all the cool features of modding !

  • musicaz70

    Posted Jun 12, 2008 8:14 am PT

    I'm glad this guy won, I'm sick of black and white arguments on this. There are multiple reasons I think backup technology should be more accepted than it is. (Piracy not being one of them)

  • andrew_ribbons

    Posted Jun 12, 2008 8:12 am PT

    This is exactly what happened to PC Gaming. Initially, everyone celebrated piracy, saying it made things cheaper for everyone. Now look at the industry, thoroughly crumbling for the PC. Yes sales have moved online, but even there, they're losing sales year on year.

    This is not what we want people! If you can't afford something, save up for it, or don't get it at all. That is the point of money and economies in general. Otherwise, just look what happens, look at the economy right now, falling to pieces everywhere you look. All because people spend, spend, spend, debt, debt and more debt. Eventually the whole lot falls in on itself.

    I would never buy any of this rubbish. Anyone who does should be ashamed of themselves, although I bet they aren't.

  • Sins-of-Mosin

    Posted Jun 12, 2008 8:06 am PT

    Grende1 - Most backup games are patched so they can't be detected. Now, if a game comes out early and your dumb enough to play it while connected to live then ya, they are gonna be able to tell that it's not a retail disc. I won't compare backing up a $10 audio cd to a $60 game but publishers should have a long warranty for when a game does get all scratched up.

  • Zerosumgame

    Posted Jun 12, 2008 7:53 am PT

    Mod chips in Hong Kong make Wii more accessible to the general population, without them, only the rich can afford it. thumbs up to Hong Kong!

  • steven141

    Posted Jun 12, 2008 7:38 am PT

    Ugh, more piracy? drat!

  • gamer082009

    Posted Jun 12, 2008 7:32 am PT

    AFter several of my Xbox 360 disk mysteriously break such as Gears of War, I've been really thinking about this backup thing. Piracy is bad I suppose but why am I not allowed to make copies of a game that I already own? As long as I don't sale them obviously. I'm tired of my 360 eating up disk...and I aint the only one who's had their disk chewed like bubble gum! Either that or they need a better return policy on these game disk cuz they aint cheap.

  • monkeyd_93

    Posted Jun 12, 2008 7:31 am PT

    thanks for the info grende1, that kind of sounds like an ivasion of piracy to me since they can read if your 360 has been modded or not, im just wondering if anywhere in the terms and conditions in regards to LIVE that state they have the right to brick you console if its been modded. if there isnt couldnt you take them to court for that?

  • Grende1

    Posted Jun 12, 2008 7:25 am PT

    monkeyd_93, what has happened in the past with the 360 is that MS can tell, when you are online, if something has been modded on the console. They have in the past 'bricked' consoles, ie. remotely made them not work anymore. I'm not sure if this is still common MS practice, since it caused somewhat of a stir. One thing that is common MS practice, is to ban people from LIVE for using modded consoles. Most 360 modders tell you NOT to connect to LIVE with a modded 360.

  • ftjx

    Posted Jun 12, 2008 7:19 am PT

    I hope sankt Peter will do him the justice the British legal system could'nt

  • Maazio

    Posted Jun 12, 2008 7:07 am PT

    how many times can someone say "personally"?

  • diablobasher

    Posted Jun 12, 2008 7:02 am PT

    Personally I feel that mod chips themselves are fine, It's the intent that should be called into question.

    Personally, I just want to play games I have legitimately paid (extra) for to have shipped from Japan or the US, I just want the ability to play those. So when I get around to it, I will chip my PS2 for that purpose.

    However, playing copied, illegally downloaded and burned or pirate games is just plain wrong. The chips itself doesnt distinguish meaning it's legality is up for debate.

    Personally i'd rather not do something as dubious as that, but in all honesty, it shouldnt be legal to force my to import a console from each territory I want to import games from (and a stepdown converter for them because of my UK mains power being 240v)

    I'm happy that the guy won, but sad that the majority of his customers are dirty pirates.

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