FLASH CARTS ILLEGAL OR NOT?

**flypitcher** · 24th January 2009

Anyone got an update from the story in Wales. http://www.gamasutra.com/php-bin/new...hp?story=21606

Can't see how they can make a homebrew flash cart illegal.
Someone enlighten me?
Found this on another site.

"Nonsense, flash carts are not illegal in the UK at all. This is flagrant missinformation (by a body with a vested interest in cart non-use) added to a press release. An embarassingly obvious scare tactic in order to warn the general public off of buying perfectly legal equipment.
I have had several carts, for various consoles over the years, some for development and some for the more nefarious reason of running my evil empire (a Nintendo DS makes for a cheap laser turret controller when used with a flash cart if you must know). Either way, purchase and/or ownership are legitimate under UK law. (Even if parts of my evil empire are not.)
If there is a piece of super-secret legislation around that does make ownership illegal by association with potential illegal usage, well we had all best start walking, as vehicles are used in vehicular manslaughter and often in robberies...
If the guy was selling them with preloaded flash cards full of games where copyright had been infringed, then fair enough was was a very naughty man, and will no doubt be in trouble. If, on the other hand, ELSPA have had raided (and arrested) a legitimate technology importer and distributor, well they will have a lot of explaining to do in court.
Only time (and several hundred man hours of argument and counter argument in the courts of the land) will tell.
But the lesson here kids is this: Carefully read articles that are press releases, bias is usually prevalent, always qualify your sources*.
In this case, this article, is based on a GamaSutra article, which looks to be based on a press release; GamaSutra I feel let the side down by not adding their own analysis or commentary, but have in fact posted a press release as wholesale fact.
As regards this thread; it is the posting of an intrested amateur of a "news" article found elsewhere.
In fairness, I doubt either GamaSutra or the originator on the Escapist have a bias against home brew or are in the pay of the ELSPA empire, are GamaSutra are based in the the wrong part of the world for a start."

Now read this:
Copyright Designs and Patents Act 1988

Devices to circumvent copy protection - "chipping" (includes internal & external chipping devices, eg. chips & cartridges)
S.296 (1) Applies where a copyright work is issued to the public by or with a licence of the copyright owner, in an electronic form which is copy-protected. (2) The person issuing copies to the public has rights against the person, who knowing or having reason to believe that it will be used to make infringing copies -
a) makes, imports, sells or lets for hire, offers or exposes for sale or hire, or advertises for sale or hire, any device or means designed or adapted to circumvent the copy protection, or
b) publishes information to enable or assist persons to circumvent the copy protection

Maybe that will be their case.

**tiggerbiker** · 24th January 2009

when i bought mine, they were blank.

i had to download the software to make them work, as bought they are useless.
i dont know if it makes any difference in law but as far as i can see, selling them blank isnt illegal as they do nothing.

if it is the case that they are illegal - why are pic chips or eeproms not illegal?

**Raptor** · 24th January 2009

Perfect answer by PSX.

**flypitcher** · 24th January 2009

So are flash carts legal?
I don't think until it goes to court that we will know.

**flypitcher** · 24th January 2009

agreed Bald Bouncer

**flypitcher** · 24th January 2009

So no one knows until 18 months down the line.

But all the sellers lose their stock in the meantime if they are doorstepped..

ELSPA will always be able to convince TS because both of them are jobsworth organisations.
So that takes that factor out of the equation

So in my humble opinion sellers have to beware and not to have to much stock around them.