Do Not Modify Computers Or Consoles In Canada, Don't!

Late month, the Royal Canadian Mounted Police searched residence in Roberval, Quebec, which culminated in one arrest of one suspect who advertised selling pirated games through the internet and the seizure of hundreds of counterfeit games. But wait, there's more.

According to a news release by the Mounted Police, items to modify video game consoles and copy games were seized as well. This is part of a larger effort by the Mounted Police to crack down on game piracy.

"Modifying a console and computer is considered an illegal act under Section 342.1 of the Criminal Code and is punishable by imprisonment for up to ten years," reads the RCMP's statement.

The Royal Canadian Mountain Police is quite clear; however, the word of law in Section 342.1 leaves some wiggle room:

Every one who, fraudulently and without colour of right,

(a) obtains, directly or indirectly, any computer service,

(b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system,

(c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or an offence under section 430 in relation to data or a computer system, or

(d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c)

is guilty of:

(e) an indictable offence and liable to imprisonment for a term not exceeding ten years, or

(f) an offence punishable on summary conviction.

It could be possible to argue the "with intent" part, stating that a modded console by itself does not necessarily show "intent". (Unless copying your own games for your own consumption is illegal in Canada, too.)

Though, if the Mounties say "modifying a console and a computer is considered an illegal act", listen to them. They ride horses.

The RCMP Arrests One Suspect for Illegal Reproduction of Video Games [RCMP Thanks, Ashton!][Pic]


Comments

    Interesting... am i rigt in saying this is the first case where it has been acknowledged that the console mod is illegal, rather than the games? Granted that this clown also had hundreds of games clearly for commercial use so i am sure they threw the book at him. I doubt that this heavy handed approach would be the same for a single individual that has modified his/her console and has a small selection of 'backup' games. While technically they could, i doubt any police force has these kind of ressources...

    Can you imagine every patrol car/horse being fitted with a backup of MW2 that police can ask to attempt to play on your console like a random search...?

    *BANG BANG BANG* on your door at 3am...

    "This is the police, open up, we have a warrant to use your Xbox"

      this is silly, i have a ps3 i will mod it if i bloody well want so it becomes a toaster.

    Modifying a computer is illegal...?

    This is why we need Games4Croydon, so someone who has a clue has a hand in writing the laws.

    Is that Conan O'Brian?

    Shut up woman, get on my horse.
    -- Mountie

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