Modding a gaming console is illegal in Canada

Today, Michael Geist tweeted:

RCMP release states modifying gaming console illegal under Criminal Code, punishable to 10 yrs jail. http://bit.ly/929P9z

Obviously, the logic behind this choice is sound. Lots of people were offering services to modify the electronics inside gaming consoles ever since the publication of the first PlayStation to allow said console to play copied CDs.

If you did not know, ever since the gaming consoles ditched the cartridge, CDs and DVDs have been used as the media holding the video game. And that switch was made when CD burners became standard on all computers. Companies put in place different ways (software/hardware) to prevent people from simply copying their games.

As usual, other people found a way to circumvent that type of restriction. In Montréal alone, I knew of two stores that were openly modding consoles to allow copied games to work. These stores also openly offered copied games. And let's not talk about what could be found in the classified.

Thus, a law like this is obviously to prevent people from making a business out of ripping off another business.

Where this law fails however, I believe, is how narrow it is in its wording. What I understand of this, as I am not a law specialist in any shape or form, is that I am not allowed to modify a console or a computer that I purchased and that I now own. I have not found clear references that would state something like "the console cannot be modified to play pirated games" or such language, but rather simply that consoles cannot be modified.

And that scares me. Apple trying to lock down their devices, seemingly to control what of the Internet will be viewable on their devices. Governments aligning themselves to render illegal a lot of tools—yes to prevent piracy, but seemingly not being careful enough in their wording that digital rights are deleted along the way.

As a digital artisan and someone who likes to tinker with electronics for fun and for creating artistic projects, I see this trend as a slippery slope to prevent hacking—in the noble sense—and digital creativity. People learn a lot by destroying and rebuilding devices. Rendering this illegal without taking the side described here into account may lead to unfortunate lawsuits. Were not patents put in place so that the discoveries be shared with other scientists and enthusiasts?