Editor’s Note: Console Mods

Sometimes I’m lost for words. I’ve seen some reasonably detestable things in my time in this industry. From outlets clearly not playing a game before committing to a review of it, to places purposefully posting lies and sensationalist rubbish just to get the page impressions up. It’s a cut-throat business for some, it seems, and ethics often take a back seat at certain outlets.

Last night, though, I saw something which simply astounded me. I saw a professional games writer, who works for a major UK magazine, make a snarky joke about how he was going to modify an Xbox 360 so he could play debug software at home.

Debug software is unsigned code that publishers send out early for outlets to do previews. It hasn’t been certified by the platform holder so it requires a special console, with the copy protection disabled, in order to run. Microsoft (and others) supply these consoles to outlets deserving of them but it is possible to visit your local market and get a dodgy guy with a soldering iron to break into the copy protection on your console and unlock the ability to play unsigned code. It’s possible, whether it’s legal, ethical or professional is an entirely different matter.

TheSixthAxis is currently waiting for access to a debug Xbox 360. We have already been sent debug software in the past which we’ve had to return because, even though it’s simple to get a console modified and take advantage of the early look at top software, we don’t think it would be ethical. We have chosen to work with our representatives in Microsoft PR departments in order to gain access to this incredibly useful tool which will enable us to bring our readers more coverage at an earlier date than ever before. It would be so much easier for us (and probably them – sorry for the constant badgering guys) if we just signed off our morals and nipped to the Sunday market for a mod.

Now, I’m not naive enough to believe that this sort of thing never goes on. I’m sure there are plenty of people in the industry that have spent some time standing within the grey area of the law when it comes to consoles. To joke about it openly and in a public place though, surely that’s just inviting attention to your lack of professional ethics? Even if it’s not an ethical issue, it’s certainly one of professionalism.

The law around console modification is not particularly clear. There seems to be endless arguments, in the more shady corners of the internet, about whether the modification itself might be legally acceptable, although the copying of software is most certainly not. I’m not a lawyer so I don’t know if there is some legal loophole which, while not making this sort of thing perfectly legal, might make the issue so unclear that it’s easier to ignore.

As far as I’m aware, the legal issue is one of a broken License Agreement (the page of text you agree to before installing many things – including Xbox 360 dashboard updates). I’ve been told that this agreement has basically ceased to be legally binding in the EU because nobody ever reads it before clicking the “agree” button and much of EU law is based on consensus. Whether this is true or not, I can’t account for but it certainly suggests that the issue is a complicated one that might have more to it than most are willing to accept.

The legal ramifications weren’t really the focus of my amazement though. I’m more surprised that someone who works closely with platform holders and software publishers would be so open about their foray into the legal quagmire of console modification. It would be like Jeremy Clarkson telling the world how they enjoy tinkering with the mileage on Fords.

It will be interesting to see if there are any repercussions to this event or whether – as is so often the case with outlets breaking embargoes, leaking rumours and simply making things up for page impressions – it is soon forgotten and all material incentive to be honest and ethical is gone. Sometimes I wonder why we keep trying to do things the honest way.