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.
gazzagb
Are sites ever punished for breaking embargoes? It always seems to happen, yet it seems nothing ever happens to them.
Samiro05
I think I saw on TSA that a site got shut down for publishing a review ahead of release for either Fable III or Gran Turismo 5. So punishments do happen.
NotoriousGTT
Not knowing any backstory to this particular example it is difficult to offer an informed comment. However, modern consoles seem so fragile (not to mention expensive) that the last thing I would want is for some dodgy bloke with a soldering iron voiding any warranty I had.
dude90
All I have to say is that it’s bad. As much I’d love to mod something, I would not do it for a million pounds.
BrendanCalls
Really, 1 million pounds to mod a console, thats a lot of money.
Think of all the nice new consoles and games you could by after that
skibadee
lol
rht992
you’d be half way to building the americans new super computer!!!
BrendanCalls
Its a worrying situation, however the optimist in me is quite certain that honesty always prevails.
toutski
I’ll hold my hand up…
A long time ago I installed a mod-chip into an old redundant XBOX (original) to run XBMC on it. Was one of the greatest things I have ever done.
Never had any intention of copying games / playing online or any of that nonsense though.
BrendanCalls
My brother did that as well, he since grown up and he’s been clean for 6 years LOL!
3shirts
This is why console manufacturers need to keep in mind the features they should be providing or, at least, no retracting!
The point were people mod consoles for reasons other than piracy is the point where Sony/Microsoft etc have gone too far trying to prevent it.
UKZ-N3M1515
i had a chipped ps1, and i admit i had oodles of copied games for it, but you never get the new game feeling, and you move from one game to the net and dont even feel the need to complete a game, because it was pretty much free. i want games to be more special than that, thats why i chip/flash/jailbreak any of my consoles now.
UKZ-N3M1515
thats why i *dont* chip/flash/jailbreak
jikomanzoku
I had a chipped ps2 purely to play imported Japanese games that never saw release over here. In an inspired move by Sony, PS3 removed the need to mod the hardware in order to play imports, much to my delight.
3shirts
Have you seen this: http://www.theregister.co.uk/2010/12/03/xbox_modder_prosecution_dropped/
Interesting story today about a case against an Xbox modder in California was dropped. The interesting point is that the judge disallowed the use of the ‘fair use’ argument, which is essentially the idea of “it’s my console, I should be able to do what I want with it” – a point I actually agree with.
TSBonyman
I was reading about that last night – the funniest thing was that one of the prosecutors admitted to modding consoles himself while in college – and another prosecutor illegally/secretly filmed the defendant at his home.
gaffers101
That’s a fair point. I’ve never tampered with any of my consoles due the the risk of it getting ruined.
I do think the law is clear enough about breaking the copyright so if someone wants to tamper with their console let them, if they then run pirated software then they run the risk of being prosecuted.
plutoniumdragon
In that case he was charged with an attempt to circumvent an anti-piracy/copying system – which is a specific offense.
In most modern electronics the firmware is the main feature of the device and in agreeing to use this firmware you are usually agreeing not to modify it or the hardware it runs on.
Personally I agree with the “It’s my equipment I’ll do what I like with it” argument. I have custom firmware on one of my MP3 players, I have a custom bios on one of my PCs and run modded firmware on my router.
The crucial difference in the context of this argument is that none of these are for the reasons of, or facilitate piracy so morally no problem at all.
iAvernus
Well I’m guessing this has been going on for some time in the industry. Is there a way catch these people? And if so, there might not be any laws to punish them…as Peter said. It’s like if I want to modify a 360 and I live in the Caribbean, how will they stop me? It’s a matter of ethics, and some people, well…have none. Shame on people for doing something against the industry that they “love”.
Kronik76
Much ado about nothing??
bunimomike
To be fair, Peter, all that’s stopping you (now) from looking at debug/early software is a technicality. Nothing ethically wrong about what you’re doing as you’re already attempting to get this done through legit channels and are out to do the right thing anyway. I’d even be tempted to ask MS next time you contact them. “Guys, what’s the hold up? Shall I just mod the damned thing myself and stop harassing you?”, etc.
Of course, stick to your guns, fella, but right now it sounds like it’s anything but ethically unsound.
colossalblue
I’m not particularly bothered about waiting for access. I’ve spoken with MS and we’re on their list when they get stock in. It’s more the fact that someone is willing to be so open about doing something that’s so negatively thought of in the industry for the purposes of misusing his company’s assets.
bunimomike
Oh, yeh, completely agree. It’s such an irresponsible comment you can’t help but sit there mouth agape whilst thinking “did I just read that correctly? Oh god, I did”.
Roynaldo
It seems its one of those things that happens very often but seeing it publicly aired pisses of the men who try really hard to do it the right way, the legal way.
It doesnt bother me that much personally because im not one of these people who will ever get the advantages of a debug console but i can see how it can piss off the guys patiently waiting in the queue.
Id say stick to your guns. Do the honest and honourable thing like you always have. TSA hasnt grown this big by cutting corners, its all hard work and thats how it should stay.