backups are allowed to be discussed, although it is a grey area that has yet to really be played out under the Digital Media Copyright Act (DMCA). Technically under the DMCA you arent allowed to circumvent any sort of protection software period. Hardware hacks are completely legal, however other then LEDs and Rapidfire, very few of the hacks posted on the webz do not include modifying of Firmware which falls right into the trap set by the protections in place for software as firmware is software any way you want to look at it.
Now the DMCA is still young and is full of infringments on the rights of the consumer. There is the Digital Media Consumers Rights bill that has been proposed the directly disputes many portions of the DMCA however even this act as yet to be played out in courts. Along with many other cases that are currently being looked at the DMCA is just a political stunt in order to change society by way of legislation. History has proven that a simple law does very little for social engineering and societal influences need to be adjusted as laws and taxes are a piss poor way to shape a society. /rant hahaha
Until I see evidence of someone being brought to court for simply modifying there console in order to play a single backup of each legally
game, this area remains open for discussion. If sony and M$ want to offer a lifetime license for each game purchased then I will shut down all talks of backups, however I dont see any scratched game trade in programs at the moment, and the consumer deserves the right protect their investment over their own lifetime or lifetime of the product which is by all intesive purposes till the end of time for software as digital information does not degrade over time.
I am weary of the DMCA as I think the day will come where the corporate interests will yet again be put above the consumers god given rights. Anyone remember the Patriot Act?
here is an article that you can take for what it is worth:
http://arstechnica.com/gaming/news/2009/08/modder-arrest-a-reminder-that-most-console-hacks-are-illegal.arsI will be doing more research in order to possibly refine our policy to conform with some of these court cases that are setting precedence for modders being jailed for their work. Ars Technica thinks that the distribution of the tools required to perform these so called illegal acts are incriminating in themselves so I can already see this gray area becoming black.