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  • #2
    Originally posted by multi collection View Post

    PS3 Break USB - JailBreak is against the ECT Act which specifies that all devices that will circumvent a security feature or bypass build-in security measures of Playstations is a contravention of the Act.
    Hi multi collection,

    Good explanation you have there.

    Hope this was fast enough.

    Regards

    Andries
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    • #3
      even at this late hour at least one armed response service goes beyond expectation...
      "Where Delivery Meets Expectation"

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      • #4
        My apologies for the PS3 break - it was legal when I listed it & removed it as soon as I received the notification. However, multi collection, please do not assume the high road - I viewed your PS3 break that you had listed & is now deleted.. Item deleted. I have been keeping a close eye on everyone selling these so that I could remove it when Sony won the court case, which I assumed they would, so your item is still under my viewed items...
        I know not what World War 3 will be fought with, but World War 4 will be fought with sticks & stones - Albert Einstein.

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        • #5
          Oh' Boy! I see so much problems for sellers with this new ECT. I just read through it and the parts that I do understand (I am intellectually challenged ) is quite strict with lots of little rules and regulations. I can't help but wonder if it's just another way for SARS to track our income
          I am sure buyers will feel more at ease which might encourage e-commerce in S.A but the sellers will have to step up or step down with most of us having our own websites offering goods and services

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          • #6
            Hi

            So if the PS3 jail breaks are illegal are the modchips for wii's also illegal as there are plently sold on BOB?

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            • #7
              I don't think the modchips are illegal - it's only Sony that has taken the makers of all the various PS3 breaks to court to get a restraining order..
              I know not what World War 3 will be fought with, but World War 4 will be fought with sticks & stones - Albert Einstein.

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              • #8
                Originally posted by multi collection View Post
                PS3 Break USB - JailBreak is against the ECT Act which specifies that all devices that will circumvent a security feature or bypass build-in security measures of Playstations is a contravention of the Act.
                I don't know which ECT act you're referring to but if you are referring to the ECT Act of 2002 there is no provision in regards to security features. The act applies to Electronic Communications and Transactions - it doesn't cover electronic goods.

                Originally posted by kebs View Post
                I don't think the modchips are illegal - it's only Sony that has taken the makers of all the various PS3 breaks to court to get a restraining order..
                The only legal precedent currently worldwide is in Australia currently - and since their courts have no jurisdiction over SA they are not technically illegal. Suffice to say that doesnt stop Sony SA from suing companies in South Africa distributing these goods however I'm not aware of any law in SA at this moment that covers security feature circumvention to privately owned electronics devices.

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                • #9
                  Originally posted by allyjhb View Post
                  I don't know which ECT act you're referring to but if you are referring to the ECT Act of 2002 there is no provision in regards to security features. The act applies to Electronic Communications and Transactions - it doesn't cover electronic goods.

                  The only legal precedent currently worldwide is in Australia currently - and since their courts have no jurisdiction over SA they are not technically illegal. Suffice to say that doesnt stop Sony SA from suing companies in South Africa distributing these goods however I'm not aware of any law in SA at this moment that covers security feature circumvention to privately owned electronics devices.
                  Hi allyjhb,

                  The ECT Act of 2002 defines data as :

                  "data" means electronic representations of information in any form

                  (representations = A creation that is a visual or tangible rendering of someone or something)

                  and this is what Section 86 covers :

                  Unauthorised access to, interception of or interference with data

                  86.
                  (1) Subject to the Interception and Monitoring Prohibition Act, 1992 (Act No. 127 of 1992), a person who intentionally accesses or intercepts any data without authority or permission to do so, is guilty of an offence.

                  (2) A person who intentionally and without authority to do so, interferes with data in a way which causes such data to be modified, destroyed or otherwise rendered ineffective, is guilty of an offence.

                  (3) A person who unlawfully produces, sells, offers to sell, procures for use, designs, adapts for use, distributes or possesses any device, including a computer program or a component, which is designed primarily to overcome security measures for the protection of data, or performs any of those acts with regard to a password, access code or any other similar kind of data with the intent to unlawfully utilise such item to contravene this section, is guilty of an offence.

                  (4) A person who utilises any device or computer program mentioned in subsection (3) in order to unlawfully overcome security measures designed to protect such data or access thereto, is guilty of an offence.

                  (5) A person who commits any act described in this section with the intent to interfere with access to an information system so as to constitute a denial, including a partial denial, of service to legitimate users is guilty of an offence.

                  Last edited by admin; 14-10-10, 19:10.
                  bidorbuy Forum Administrator



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                  • #10
                    English please Admin... for us not-so-intellectual

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                    • #11
                      Hi MediaTech,

                      I have no idea what it means, just copied and pasted

                      The short of it is that the jail break chips/sticks/software etc. is illegal because it overcomes security measures put in place for the protection of data, making the consoles able to bypass the security check to see if the cd/dvd is original. These items are closely monitored and reported by SAFACT.
                      bidorbuy Forum Administrator



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                      • #12
                        Ahhhh Now that is something I do understand. Thanx again Admin

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                        • #13
                          Originally posted by admin View Post
                          Hi MediaTech,

                          I have no idea what it means, just copied and pasted

                          The short of it is that the jail break chips/sticks/software etc. is illegal because it overcomes security measures put in place for the protection of data, making the consoles able to bypass the security check to see if the cd/dvd is original. These items are closely monitored and reported by SAFACT.
                          Does this include the modchips for Wii's, cause I am in the process of placing an order to list on BOB?

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                          • #14
                            Hi bigv1978,

                            I suggest that you contact SAFACT to get information on the legality of that.
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                            • #15
                              @ admin. Thanks but I think I will not even bother with the modchips as thier soul purpose is to let someone play copied games, which in turn will make it illegal so sooner or later I gather there will be issues and i really dont want to get stuck with stock that I can't sell.

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