Awesome reasoning. I own my car. I want to mod it with a huge dent so I plan to smash it into a building. Should be perfectly legal since I own the car and "assssssume the rights of the item to its fullest".
In most of the world it is legal. And even where it is illegal (I'm guessing it is in NY since that's the original poster's location and you said it is illegal), I'd say the relevant concerns are 1) is it wrong, 2) will I get caught doing it, 3) what are the consequences for getting caught.
Way too many people - note: you did not say this and I'm not pinning this on you - engage in circular thinking such as "it's wrong because it's illegal and it's illegal because it's wrong", which doesn't exactly withstand scrutiny.
What rights do you have when modding your console?
Ars spoke to Jennifer Granick, the Civil Liberties Director of the Electronic Freedom Foundation to find out. The news was bad. "With hardware, you can do pretty much anything you want with it. There are very few rules that apply. You buy it, you own, you can take it apart, and that's perfectly fine," she explained. The problem is that no one simply modifies the hardware. "It becomes complicated with modern hardware because it's combined with firmware, the embedded software."
The infamous DMCA states that you can't circumvent any software protection to get at the copyrighted work it protects. If you're using a software exploit or installing a mod chip, you're disabling that protection to allow yourself to run homebrew code, and you're running afoul of the DMCA. "Thou shall not circumvent," Granick told Ars, counting the two ways to break the law. "And thou shall not provide tools to others.
The intent is meaningless. Even if you simply want to modify an Xbox to use as a media center, you're breaking the law, since you've given the system the ability to run unsigned code.
Awesome reasoning. I own my car. I want to mod it with a huge dent so I plan to smash it into a building. Should be perfectly legal since I own the car and "assssssume the rights of the item to its fullest".
Awesome reasoning. I own my car. I want to mod it with a huge dent so I plan to smash it into a building. Should be perfectly legal since I own the car and "assssssume the rights of the item to its fullest".
To my knowledge the only part of modding that is illegal is when the the people who code the mods use code that was made by the manufacturer. As long as the code is entirely hand written by the modders, there's not really anything that Nintendo can do to stop you. EULA or not, it's your console after you purchase it, and you can do whatever you want with it as long as you don't steal Nintendo's ideas in the process.
Actually, making backups of paid-for software is completely legitimate and legal (EULA be damned). Piracy is not.
To my knowledge the only part of modding that is illegal is when the the people who code the mods use code that was made by the manufacturer. As long as the code is entirely hand written by the modders, there's not really anything that Nintendo can do to stop you. EULA or not, it's your console after you purchase it, and you can do whatever you want with it as long as you don't steal Nintendo's ideas in the process.