Legality of selling portables

Website · Post by **Life of Brian** » Thu Jan 08, 2009 11:32 am

I've wanted to discuss this for some time now - the legality of selling portables. I keep getting comments on my portables' YouTube videos about whether selling them is legal or not. So, what do you guys think?

*Please note that this discussion is not to be used as legal advice and, to the best of my knowledge, no one here is a lawyer.

jleemero · Post by **jleemero** » Thu Jan 08, 2009 11:37 am

Uh, it's legal.
That's about it.

Kyo · Post by **Kyo** » Thu Jan 08, 2009 11:40 am

Why would it be illegal?

jleemero · Post by **jleemero** » Thu Jan 08, 2009 11:41 am

Kyo wrote:Why would it be illegal?

Youtube commenters are about as intelligent as a newborn child.
(Most of the time)

Kyo · Post by **Kyo** » Thu Jan 08, 2009 11:44 am

Yeah, I know... still, it's Brian who asked the question to us, and he's certainly smarter than a YouTube commentor, so I'd like to hear his reasoning.

Website · Post by **Life of Brian** » Thu Jan 08, 2009 11:45 am

Kyo wrote:Why would it be illegal?

There are many who seem to think it infringes copyrights or something. However, since it's just a mod wouldn't it fall into the category of just voiding any and all warranties?

What about a full time business? I know Ben makes and sells many many portables, but what about an actual company based on making portables? Not that I am planning one, but I'm curious if anyone knows of any legal issues that there may be.

jleemero wrote:Youtube commenters are about as intelligent as a newborn child.
(Most of the time)

Ha ha! Yes, yes they are...

Post by **bicostp** » Thu Jan 08, 2009 11:46 am

We've been over this a few times over the years. It's only illegal if you include a modchip, or if you commit fraud by advertising a Wii laptop, and ship out a dog turd in a box instead.

Kyo · Post by **Kyo** » Thu Jan 08, 2009 11:47 am

Well, as a private person there are no complications. Reproducing systems (much like the retro duo is doing) and selling those may be illegal. A Company making portables, well it would be recasing someone elses product, so I doubt that's legal...

Website · Post by **Life of Brian** » Thu Jan 08, 2009 11:48 am

bicostp wrote:We've been over this a few times over the years. It's only illegal if you include a modchip, or if you commit fraud by advertising a Wii laptop, and ship out a dog turd in a box instead.

I recall discussing it a couple of years ago, but I couldn't remember what the finer points of the discussion were. I wonder what it means if you've been a member of a forum long enough that you start forgetting stuff...

nightwheel · Post by **nightwheel** » Thu Jan 08, 2009 11:51 am

Look if Ben could sell his book in stores. Then it should be legal to sell the portables you made.

Just don't stick a mod-chip in the portable or you will most likely get in trouble.

themadhacker · Post by **themadhacker** » Thu Jan 08, 2009 1:56 pm

Kyo wrote:Well, as a private person there are no complications. Reproducing systems (much like the retro duo is doing) and selling those may be illegal. A Company making portables, well it would be recasing someone elses product, so I doubt that's legal...

Actually, the retro duo is a liscensed product, making it legal. The sj3 is not liscensed, and I think that lead to the guy who created the sj3 getting sued.

Kyo · Post by **Kyo** » Thu Jan 08, 2009 1:57 pm

Oh? Nintendo approved of that console? I find that hard to believe, especially seeing as how they're still making money off of SNES games with the VC.

vskid · Post by **vskid** » Thu Jan 08, 2009 4:06 pm

Kyo wrote:A Company making portables, well it would be recasing someone elses product, so I doubt that's legal...

I don't see how its any different than people modifying cars, the original manufacturer got their money for the original product. Just don't try to sell it as your own creation, claiming that you invented the system inside the case.

SonyPortableizer · Post by **SonyPortableizer** » Thu Jan 08, 2009 4:27 pm

its a SNES, its a batteyr, its a PS1 Screen, its a case.
All of which are found on ebay, being resold without permission.
If it illegal, then how is ebay still around?

So yea, its legal

duke2k7 · Post by **duke2k7** » Thu Jan 08, 2009 4:29 pm

you'll find that in the eyes of retail law and intellectual copyrights, these portables would only be be illegal if:

1. they came pre-loaded with hacked or otherwise illegal roms
2. they involve the integration of,or otherwise replacement of, official firmware that was resident on the original unit
3. they incorporate a hard or soft mod to allow unsigned code to run on the machine
4. you use an unlicensed unit in the first place for your portable.

that about covers it i think...