The Wholesale Forums

[geosamm]

There has been a lot of talk on the forum in various topics about the law, so let me ask a question... or 2.... about legality and selling [as this is the main ethos of the forum]

I have a shop and I put a flick knife in the window with a price tag of £10.... is it legal or illegal?

When you sell or buy something, you enter into a contract, what are the 3 essential parts to a legally binding contract?

Is it illegal to sell or fit mod chips to gaming machines?

[R.Mankelow]

With regards to the flick knife in the window, this is merely an invitation to treat and you would not be breaking the law until the flick knife was taken from the display and money had changed hands.

[hardwareheroes]

Originally Posted by geosamm

When you sell or buy something, you enter into a contract, what are the 3 essential parts to a legally binding contract?

Offer, acceptance and a meeting of the minds if I remember my law studies that is

[geosamm]

Originally Posted by R.Mankelow

With regards to the flick knife in the window, this is merely an invitation to treat and you would not be breaking the law until the flick knife was taken from the display and money had changed hands.

correct..... although new statutes my change the position so it becomes an offense to own one... for whatever purpose

although one could argue that unless the person parting with the monies actually left the shop premises it is still an invitation to treat [monies could have changed hands just to inspect the object therefore no contract to sell the item had taken place] on the same premise that shoplifters can not be stopped/arrested if they do not leave the shop premises [arguing from a contractual not criminal law point of view]

[geosamm]

Originally Posted by hardwareheroes

Offer, acceptance and a meeting of the minds if I remember my law studies that is

not quite but 2 out of 3 aint bad

offer... acceptance.... consideration

consideration usually being payment but not necessarily financial.

[geosamm]

dont shy away from the third question.....

[hardwareheroes]

Originally Posted by geosamm

dont shy away from the third question.....

It is legal to fit them in the UK but not in the US I believe

[geosamm]

well the latest ruling suggests that a mod chip, by its action, does not infringe the relevant acts.
but does that answer the question?

[ADC]

I was under the impression that mod chips weren't illegal to sell or fit, because when you own a product outright you are perfectly entitled to fit any modifications you want to it. It's when you actually copy or purchase copied software that it becomes illegal.

I could be wrong though, I am no legal expert.

I also wonder what the law would be when you actually decide to re-sell your console with the mod chip fitted (without any copied software) is that against the law? I know it is in eBay's world.

[geosamm]

Although a prosecution has been overturned on appeal and Mr Mod Chip actually walked free and was awarded costs.... its all in the wording and how the prosecution argue the case and of course how the defense responds... in the above case the prosecution apparently failed to argue the case on the correct points and acts. Seemingly they did not argue the device contravened the appropriate acts by using the RAM. It is my opinion that future cases [and Im sure there will be some] will be argued on this point. unless of course mod chip makers find a different way to circumvent the restrictions.
UK law is vague at the best of times, it seemingly works on the premise that everything is legal [general term] unless someone says its not [by common law, statute etc] then its illegal unless someones defense wins a case then its not, followed by opposing council winning an appeal then it is,and so on through the appeals system.
To answer your points.... it seems that if the chip uses its RAM it is an offense.... selling a chipped console may also be an offense as the chip itself contravenes the regulations... but that can only be conclusively decided by a case being run through the system and picking over the arguments of both sides.