Q: Is it legal to sell a USB drive with pre-loaded mod menus on it. Modding menus for gaming consoles
It IS illegal to modify a game. But all I am doing is selling a usb, and they follow the steps to download their mod menus. Like selling fireworks is legal, but lighting them is not. ..?
A: There are two issues here. One, how did you gain access to the original code? Every program that I've ever seen requires that you accept a click license before installing, so you have accepted the terms of the publisher's license which likely prevents accessing the code (which is their intellectual property). Two, even if you somehow got the source code without agreeing to a license, selling a USB with a mod with instructions is inducement which is still a copyright/patent infringement. If the publisher finds out what you are doing you will likely be sued.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.