[ElijahTW]

Attention Canadian gamers: be careful if you decide to modify your video game console.
The decision to do so could land you in prison.

Modifying a video game console such as a PlayStation3 or Xbox 360 is a crime in Canada and could result in a penalty of up to 10 years in prison, according to a recent release from the Royal Canadian Mounted Police.

"Modifying a console and computer is considered an illegal act under section 342.1 of the Criminal Code and is punishable by imprisonment for up to ten years," the RCMP said in the statement.

Full Story: FP Tech Desk: RCMP says modifying a video game console punishable by 10 years in jail - FP Posted

 

[Hard core Rikki]

More win for emulators.

Silly laws. I take they were intended specifically for commercial modding rather than if engaged into for limited own use, but did not exclude the latter.

And modding computers too ?

 

[Boltzmann]

I wonder how they'll enforce this law

 

[Hard core Rikki]

Storming into people's homes after midnight without warrants would be an easy possibility.

 

[|-xA-|]

I don't think they even know what they're talking about. "Modify their game systems with larger hard drives" Last I checked that was perfectly legal.

And modding computers too ?

Wtf? If they mean custom built they're ****ed in the head.

 

[verboten999]

Sometimes things like these make me eternally grateful that I live in a third world country.

 

[Exodus]

Chances are, the fool was selling from his basement. Of course he'd eventually get caught. Furthermore, he was probably advertising on the web or newspaper or something.

 

[Xblade]

I don't think they even know what they're talking about. "Modify their game systems with larger hard drives" Last I checked that was perfectly legal.

Wtf? If they mean custom built they're ****ed in the head.

They wouldn't try to prosecute someone for adding a bigger hard drive to their console, it wouldn't hold it in court.

That being said, that law is a POS handed directly from the government probably being payed off.

 

[Exodus]

That being said, that law is a POS handed directly from the government probably being payed off.

That is unfortunately the case in ALL governments. It's all about the lobbying.

 

[Dynamo]

The search resulted in the seizure of hundreds of counterfeit video games and the arrest of one suspect.

In addition to approximately three hundred copies of counterfeit video games, the investigators seized material used to modify consoles and illegally reproduce video games. The person arrested advertised the counterfeit goods on the Internet through various social media. He could face charges under the Criminal Code and the Copyright Act.

The RCMP takes action and investigates this type of crime if there are grounds to believe that material has been copied for the purpose of commercial distribution, or to such an extent as to be prejudicial to the copyright holder. Every person who copies or reproduces a video game for the purpose of commercial distribution or sale commits an offence under the Copyright Act.

Modifying a console and computer is considered an illegal act under Section 342.1 of the Criminal Code and is punishable by imprisonment for up to ten years.

Unauthorized use of computer is often used to laid charges for hacker or someone who is involved in computer related offences. This section states:

Every one who, fraudulently and without colour of right,

(a) obtains, directly or indirectly, any computer service,
(b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system,
(c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or an offence under section 430 in relation to data or a computer system, or
(d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c)

is guilty of:

(e) an indictable offence and liable to imprisonment for a term not exceeding ten years, or
(f) an offence punishable on summary conviction.

I don't think they could do anything for just modifying a console.

 

[Exodus]

(b) is all about modding.

 

[Dynamo]

What I'm saying is this guy isn't just modding a system and that law is pretty loosely written.

 

[PCXL-Fan]

We've been Mircoshafted.

That is unfortunately the case in ALL governments. It's all about the lobbying.

Its sickening to think that the Colecovision lobby group has its octopus tentacles in canadian politics.

 

[redlofredlof]

Once somebody buys a console, doesn't it become his own property?
And computer? how can a computer be modded? adding a new graphics card or putting custom temperature sensors on the cabinet is also modding, so how is that a crime.
Canadian government is stupid

 

[-StrikE-]

^Indeed it is, this is the most ridiculous thing i heard since the fat lady wanted to get fatter.

 

[DinJerr]

Probably misquoted out of context. If I remember the cyber laws correctly, the one that'll get you into trouble is circumventing the security placed in a hardware/software. Thus modchips, bootloaders and cracks fall under this category. Since this are consoles we're speaking about, and most console owners aren't computer geeks (whoa, what a far cry from the 80s), they probably loosely used the term 'modify' to describe the feat (and thus, misinform the general public even more).

Dynamo: You are referring to the Copyright Act. If your country has some cyberlaw act to complement it, you have to refer to that as well. This is an excerpt of the law in Malaysia, but because of the commonwealth common law thing, the Canadian act should be more or less the same:

3.Unauthorized access to computer material

(1) A person shall be guilty of an offence if--

(a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer;
(b) the access he intends to secure is unauthorized; and
(c) he knows at the time when he causes the computer to perform the function that is the case.

(2) The intent a person has to have to commit an offence under this section need not be directed at--

(a) any particular program or data;
(b) a program or data of any particular kind; or
(c) a program or data held in any particular computer.

(3) A person guilty of an offence under this section shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both. Computer Crimes 9

.
.
.

5. Unauthorized modification of the contents of any computer

(1) A person shall be guilty of an offence if he does any act which he knows will cause unauthorized modification of the contents of any computer.

(2) For the purposes of this section, it is immaterial that the act in question is not directed at--

(a) any particular program or data;
(b) a program or data of any kind; or
(c) a program or data held in any particular computer.

(3) For the purposes of this section, it is immaterial whether an unauthorized modification is, or is intended to be, permanent or merely temporary.

(4) A person guilty of an offence under this section shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years 10 Laws of Malaysia ACT 563 or to both;
or be liable to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding ten years or to both, if the act is done with the intention of causing injury as defined in the Penal Code.

So a person with a modified console will be persecuted under the first category while the guy does/sells the mods will be persecuted under the second one (so yeah, ten years max).

 

[VT-Vincent]

Wow... talk about the punishment not fitting the crime, you could get less for a voilent offense! What's more disturbing though is how vague the wording is and the fact it's interpretation would likely be left up to a court that does not have a good understanding of technology.

 

[Exodus]

Once somebody buys a console, doesn't it become his own property?
And computer? how can a computer be modded? adding a new graphics card or putting custom temperature sensors on the cabinet is also modding, so how is that a crime.
Canadian government is stupid

Notice it says "fraudulently, and without colour of right". What this'll come down to is that you'll get nailed if you're doing something illegal WITH a modded console. So... if you're playing burnt games, which breaks copyright laws, then they'll slap you with a modding deal too. If modded to play original imports, then it's probably not something they'd try to get you on.

Laws are a framework, they are not always a rules thing. There's judgment thrown in as well.

 

[Dynamo]

Dynamo: You are referring to the Copyright Act. If your country has some cyberlaw act to complement it, you have to refer to that as well. This is an excerpt of the law in Malaysia, but because of the commonwealth common law thing, the Canadian act should be more or less the same:

I just quoted the section of criminal code they said was in violation.

Modifying a console and computer is considered an illegal act under Section 342.1 of the Criminal Code and is punishable by imprisonment for up to ten years.