But what about, say, installing a HDMI output on your Gamecube? Who's that harming exactly?
When I read this, I got suspicious if the cases like that are really within the range of punishment. 'Cause, if that was the case, I'd wonder where their base is coming from/how they're making it explicit. So, I researched and read actual documents carefully. Here are the source. ->
click1 ->
click2
In short, these aren't the case to be punished, actually. The article in OP, what's said in there is incorrect... it looks like that.
These parts :
"
Japan?s Unfair Competition Prevention Act had some amendments made to it which were revealed in December 2018 and now prevents people from tampering with consoles to mod them."
If you can read those Japanese document/wiki, you'll see the "people" is directed to those who that involves piracy, not the case like the instance "installing a HDMI output on older console to connect it to modern TV".
"
These come with a pre-loaded number of games that many people have expanded on by modding more titles into the devices, but that, too, is now punishable under Japan?s new law."
This punish"
able" part is the... origin of big fucking misunderstanding, I think.
It's very hard for me to explain this in English, because the BASE concept of this law - 親告罪 which is actually the base part of this time's amendment, only is adopted in Japan, Germany, and Austria. Not in other countries, no not in the US or UK. In short, to file the law suit it needs to be prosecuted by the victim. That is the 親告罪. Even if it's against the law, when the victim doesn't make a prosecution, the case gets denied at the court. Also it gets invalid after 6 month from the point when the victim knows who's the culprit.
Modding the console etc. are the 親告罪 originally. And, amendment of this time is, to change it to be NOT 親告罪 ( 非親告罪 ) when it's under certain conditions, such as obvious piracy and/or distributing broadly while knowing it'll harm the copyright etc. and/or to gain the profit without legal permission of the creator. The article in the link in OP, what it's sayig IS incorrect. Quite strained interpretation.
Though, however.
Damn, gaming is weird...It's the only industry that tries to tell us what to do with products we've bought. I don't get HOBBS sending me a cease and desist notice for modifying a kettle so it boils quicker, nor do I get Image complaining that I scanned the comics I bought so I could read them on my phone. Gaming though, especially Japan?
Kettle ( or any other kitchen items ) is different from game software. Game is industry, yes. But it is also the product of creative work, not like the item that has quite simple role. Need respect, to their rights, and that's where this time's amendment comes in - making the piracy be 非親告罪. Also, this amendment IS NOT specifically meant to apply to gaming, fyi. Like I thought, it's directed to any kind of creative work and its product, including art, music, or secondary product, such as code of specific pokemon etc.