EU Court Rules Hacking Consoles May Be Legal

Unlike US courts which seem to get bought by the highest bidder, EU courts actually take things serious and don’t always rule in favour of the big companies and those with bags of money, so its no surprise to me , that an EU court has ruled that circumventing the security of a games console, may in certain circumstances be legal, here is a quote from a document released by the court:

The Court of Justice next states that the legal protection covers only the technological measures intended to prevent or eliminate unauthorised acts of reproduction, communication, public offer or distribution, for which authorisation from the copyrightholder is required. That legal protection must respect the principle of proportionality without prohibiting devices or activities which have a commercially significant purpose or use other than to circumvent the technical protection for unlawful purposes.

The Court of Justice notes that the scope of legal protection of technical measures must not be assessed according to the use of consoles defined by the holder of copyright, but that rather it is necessary to examine the purpose of devices provided for the circumvention of protection measures, taking account, according to the circumstances at issue, of the use which third parties actually make of them.

This ruling comes from a court case started by Nintendo against PC Box, which you can read about here and here.

Download the Document.

Read more at VG247.

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