Regarding Legal Issues with Modifications

[DNT 2.5]

Do you think that Opening and modding a console (In a way that could enable piracy/remove lockout) voids the terms of use and is Illegal? What about Mods such as portables? I know that this is a somewhat noobish question, but do you guys have any thoughts on this?

[Hatta]

If you're in the US, circumventing a copy protection device is illegal under the DMCA whether you actually commit any piracy or not. Personally, I side with St. Augustine when he says "an unjust law is no law at all". So, it's up to you whether you care or not, just don't get caught.

[bacteria]

This sort of question has been asked many times before.

Modding hardware to run modchips or region free etc is always flaky ground on current consoles; however most of the retro consoles have long since stopped making any profit to the original company so are unlikely to be an issue. What you must not do though is reverse engineer the boards and tamper with their copyright, especially to then sell them to others; as you are thereby gaining financial gain off the back of intellectual copyright. For example, selling an N64 is fine, selling one with a speed hack is fine, selling one region free is fine as "N" wouldn't be bothered about that (would for the Wii though!) but reverse engineering the N64, remaking the board, selling it as an improved version - well, "N" lawyers might get interested and that would be a silly risk to take.

[Inazuma]

Do you think that Opening and modding a console (In a way that could enable piracy/remove lockout) voids the terms of use and is Illegal? What about Mods such as portables? I know that this is a somewhat noobish question, but do you guys have any thoughts on this?

Regardless of what you think, modding a console does void the terms of use and is illegal. Personally, I don't think it's wrong to do and wouldn't let bullshit laws stop me if I wanted to do it. Laws are not the same thing as morals, after all.

[Hatta]

selling one region free is fine as "N" wouldn't be bothered about that

Under a strict reading of the DMCA, I think that's still illegal. Under Title 17, Chapter 12, Section 1201: "No person shall circumvent a technological measure that effectively controls access to a work protected under this title. "

The little plastic tabs in your N64 are a technological measure that controls access to imported games. So it's still illegal, getting prosecuted for it would be pretty difficult though.

reverse engineering the N64, remaking the board, selling it as an improved version - well, "N" lawyers might get interested

Reverse engineering is actually mostly legal. As long as you don't violate any copyrights, patents, or the DMCA in the process. For copyright, you can't just dump roms and copy them. You have to figure out how they work and do a clean implementation of them. Patents, well patents are published so you wouldn't be reverse engineering that anyway. DMCA, there's actually exemptions in the DMCA to specifically allow reverse engineering. Let's just say it gets complicated. See here.

[Hobie-wan]

IANAL, but the way I understand it is you can modify all you want as long as you're not breaking protection as it is a physical item you know own. Heck, even if you are breaking protection as long as it stays with you and you don't become some big news story you'll probably fine. Its when you start spreading the information or hardware to others that break protection or sell it that you're asking for trouble. Obviously the hardware maker has every right to kick you off their service if you've modified.

[Niode]

Basically, if you live in a country that enforces the DMCA (or a version appropriate to your region, such as the UK or Australia as well as the USA) then it is illegal to break the copy protection of any system new or old. However, you can only get prosecuted if you get caught, so unless you are offering your services publicly then the only thing stopping you is moral reasons.

[DNT 2.5]

I really don't understand that there should be a problem unless you sell systems marked as "Modified", In my view if I buy a console for a manufacturer, I should be able to do whatever the hell I want with it! (Modding for personal use)
If I decided to Manufacture and sell my modded goods, I think there is a 60% change requirement, That could be anything from the coding of the games themselves, to the placement of the chips, or the shape and Color of the console.
I mean, the FC Twin, and Yobo haven't gotten in any trouble with the big "N" yet? Have they?

[Hobie-wan]

I mean, the FC Twin, and Yobo haven't gotten in any trouble with the big "N" yet? Have they?

That's because the patents that protect certain aspects of those old systems have expired and they are using reverse engineered chips that essentially do the same thing as many chips in the original systems did, as opposed to using direct copies of the chips. Also these systems (at least in the US) are marketed for use with original carts. So they're not enabling the copying of the software and there's no DMCA violation.