The Electronic Frontier Foundation(EFF) for a while have been trying to get it so that abandoned games can be preserved and archived in such places as museums and archival websites, for the purpose of playing such games, many, many years after their publisher has abandoned the game, you can read about the EFF’s efforts here.
But the Entertainment Software Association(ESA) want to be complete ass holes about this and stop the preservation of such games, as they count this as hacking and hacking is illegal, not only do they see preservation of archaic abandoned games as hacking, they also state that the only purpose of hacking a console if for piracy..
And on top of that, these uneducated fools with college degrees, state that they have no evidence that the hacking of a console can be done for educational purposes…
Here is a quote from the EFF:
Section 1201 is often used by the entertainment industries not to prevent copyright infringement but to control markets and lock out competition. So it’s not surprising that ESA (the trade association for the largest game producers), along with MPAA and RIAA, have written to the Copyright Office to oppose this exemption. They say that modifying games to connect to a new server (or to avoid contacting a server at all) after publisher support ends—letting people continue to play the games they paid for—will destroy the video game industry. They say it would “undermine the fundamental copyright principles on which our copyright laws are based.”
ESA also says that exceptions to Section 1201’s blanket ban will send a message that “hacking—an activity closely associated with piracy in the minds of the marketplace—is lawful.” Imagine the havoc that could result if people believed that “hacking” was ever legal! Of course, “hacking” is legal in most circumstances. ESA, the spokespeople for a group of software companies, knows this full well. Most of the programmers that create games for Sony, Microsoft, EA, Nintendo, and other ESA members undoubtedly learned their craft by tinkering with existing software. If “hacking,” broadly defined, were actually illegal, there likely would have been no video game industry.
Now on to the stupid report by the idiotic ESA, here are some quotes:
Virtually all of the hacks for video game consoles use nearly all of the code
contained within the copyrighted computer programs. Moreover, even if a hack involved
the copying of only a small portion of the copyrighted code, this factor still would weigh
against a finding of fair use because the copied portion would be the “heart of the work”
in that it serves to protect copyrighted works from piracy. A use is not fair if the essence
of the work is copied.
I don’t think they know what is and what isn’t used…..
Jailbreaking Harms The Market For And Value Of Copyrighted
The record here supports the same conclusion that the Librarian made in the last
triennial rulemaking proceeding:
On the “significant” issue of market harm, there is
“compelling evidence” that permitting circumvention of access controls on video game
consoles—regardless of the purpose—would have “the effect of diminishing the value
of, and impairing the market for, the affected code, because the compromised code
could no longer serve as a secure platform for the development and distribution of
I would love to see compelling evidence that proves such things.
Take the PS Vita and PlayStation TV for example, those consoles have not been hacked, yet they are failing in respects to how a fully hacked console like the Wii did in the market place
The Wii was the most popular games console for nearly the entire period of the 7th generation, despite being underpowered compared to the PS3 and Xbox 360 and being FULLY hacked, where as the PS3 remained the least popular and was the one that was hacked last.
The Wii U having being in the market for almost three years remains unpopular and un hacked, there is plenty of proof that a console being hacked leads to a rise in sales of the said console.
Any Adverse Effects Related To Repair Are Merely Hypothetical.
In its comments, iFixit asserts that circumvention is necessary to enable users to
apply bug fixes to the video game console firmware and to repair worn out or broken
As in the last triennial rulemaking proceeding, proponents have offered no
factual basis or evidence in support of their claim that users are having difficulty
repairing their consoles as a result of the DMCA’s prohibition on circumvention.
This is not surprising because each of the three major console makers offer authorized repair
services free of charge for consoles still under warranty and for a nominal fee thereafter.
Because proponents have failed to document any actual instances of users seeking to
make repairs or apply bug fixes, this purported effect is merely hypothetical.
What the fucking fuck ?
Seriously did these idiots get their degrees in a shoe box ?
- Circumvention of the console IS necessary in order to repaid the console at a far cheaper price than what the console manufacturers charge.
- True you can get your console fixed free of charge during warranty, but out of warranty, you are liable of paying $150 upwards, who in their right fucking mind would pay $150 for something they can fix themselves for less than half the price.
- They claim ‘proponents’ fail to document instances of users seeking to make repairs, the numerous websites are fucking full of people looking for fucking repairs, these ESA asshats can go and grab some poorly sourced crap from some idiot in the Nintendo Anti-Piracy group, but they are too damn stupid to go to those same sites and see the HUNDREDS of posts of people talking about YLOD, RROD and NUMEROUS other problems that can no longer be fixed by the companies free warranty service, these people seek to fix the console themselves at a far, far cheaper price than they would by sending it to the company.
Granting the exemption would strike at the heart of this concern because
allowing users to hack video game consoles necessarily enables piracy.
As iFixit concedes, “jailbroken consoles can also be utilized to pirate games.”
Significantly, one hundred percent of video game consoles that play pirated games are hacked—
video game piracy requires a hacked video game console, and an unhacked video
game console cannot play pirated games.
Like i said, the people that make these statements were educated in a shoe box, i want to use a whole host of profanities, but now i will just post this as nicely as possible.
ESA dumbfucks, go look up PS Jailbreak, it is a PS3 security circumventing dongle that allowed piracy WITHOUT hacking the fucking console, when the device was used, the console was still not fucking hacked and returned to its original state once the dongle was no longer used.
So no a video games console does NOT need to be hacked in order to run pirated games, try fucking educating yourselves.
Then there are ODDES, these devices do not hack the console either, yes the console needs to be opened and hardware installed to bypass the disc drive and emulate it, the console still remains unhacked.
Availability For Use Of Works For Nonprofit Archival, Preservation,
And Educational Purposes.
Proponents offer no evidence that users who hack their video game consoles do
so for nonprofit archival, preservation, or educational purposes, nor that the use of the
access controls is preventing any meaningful use of copyrighted works for these purposes. Accordingly, proponents have failed to establish that these are the kind of “exceptional” circumstances that justify granting an exemption.
This bit really pissed me off, because any of us on this website know that this is completely un fucking true, had the PS3 never been hacked, the PS3 developers wiki would never have been so abundant with such educational information, had the Wii never been hacked, we would know very little about the workings of the machine and the Wii Developers Wiki would be quite empty.
I could go on and on, but these clowns aren’t worth me wasting my time any more, if you want to read the full report, you can download it below, it contains exhibits showing that hacking a games console is only for piracy and features people like Smealum, his Cubix Ninja exploit and websites like PS3News, Wololo and Hackinformer amongst others:
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