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XBox (Games) Government The Courts News

Xbox Modders Charged Under DMCA 377

JamesAlfaro wrote to mention a News.com article about a pair of game store owners charged with Xbox modding. From the article: "Jason Jones and Jonathan Bryant, two Los Angeles residents who own the ACME Game Store on Melrose Ave., allegedly sold Xbox game systems that had been modified by Pei Cai, of Pico Rivera, Calif. Cai allegedly equipped the Xbox consoles with modification chips and large hard drives to allow the user to copy rented or borrowed games onto the device for future playback. Buyers would pay from $225 to more than $500 for the changes."
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Xbox Modders Charged Under DMCA

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  • DMCA (Score:2, Interesting)

    Gods, that thing is an abomination. It seems like anybody can be charged for just about anything the big companies don't like.
    • Re:DMCA (Score:5, Insightful)

      by ToasterofDOOM ( 878240 ) <d.murphy.davis@gmail.com> on Tuesday December 20, 2005 @06:30PM (#14303765)
      Hold on, it wasn't mainly the modding that they got nailed for. If you RTFA'd or read about it earlier, they were selling the modded Xboxes with pirated games. I hate the DMCA as much as anyone else, but these guys are in the wrong here.
      • Re:DMCA (Score:5, Insightful)

        by meanfriend ( 704312 ) on Tuesday December 20, 2005 @07:30PM (#14304396)
        Hold on, it wasn't mainly the modding that they got nailed for.

        Yes it was. Read the article:

        The three men are being accused of "conspiring to traffic in a technology used to circumvent a copyright protection system and conspiring to commit criminal copyright infringement," in violation of the Digital Millennium Copyright Act, according to a statement from the U.S. Attorney's Office for the Central District of California.

        It sounds like that's exactly what they were busted for...

        If you RTFA'd or read about it earlier, they were selling the modded Xboxes with pirated games. I hate the DMCA as much as anyone else, but these guys are in the wrong here.

        Waitaminnit, we cant just say 'they broke the law and they deserve whatever they get'. We really need to look at this a little more deeply.

        They illegally distributed 77 copies of games. You dont need the DMCA to bust people for that, copyright law already covers that infraction, right? So why invoke the unholy spectre of the DMCA?

        These guys are facing 5 years prison for this. What sort of punishments would these dudes be receiving if they had sold modded Xboxen with no pre-loaded games? Or what if they had sold the 77 games on DVD-R, without also providing the mod-chips and hard-drives? IOW, are prosecuters using DMCA as a way of going after harsher punishments that would otherwise be impossible under plain-old copyright law?

        Currently, mod-chips are technically illegal under the DMCA, but it begs the question 'Should mod-chips themselves be illegal'? If not, then doesnt that throw this whole story in a different light? These guys deserve punishment, without a doubt, but they deserve fair punishment.

        That's why this topic should be discussed on slashdot. If you really hate the DMCA, as you claim, then you should closely examine every application of it.

        oh yeah, IANAL etc etc.

        • Re:DMCA (Score:3, Insightful)

          by mark-t ( 151149 )

          They illegally distributed 77 copies of games. You dont need the DMCA to bust people for that, copyright law already covers that infraction, right? So why invoke the unholy spectre of the DMCA?

          And right there you touch on the key reason why the DMCA is probably one of the stupidest laws to have ever seen the light of day.

          In any genuinely legitimate case where the DMCA could reasonably be applied, the person being charged is already guilty of conventional copyright infringement completely independant

    • by jnadke ( 907188 ) on Tuesday December 20, 2005 @06:33PM (#14303798)
      If you read closely, they're not only invoking DMCA for pirated games, but also the modchip itself (conspiring to circumvent...).

      This could set a precedent that means the end of:
      TiVo mods
      Linux on XBOX
      Tinkering with Trusted Computing (!)
      Pretty much modifying any hardware with basic protections
      • by Rude Turnip ( 49495 ) <valuation AT gmail DOT com> on Tuesday December 20, 2005 @06:48PM (#14303983)
        In this case, the modchip actually was used for pirating games, so that's why it would be included in the charges. There are about 2 or 3 stories like this that pop up each year and the editors always seem to omit the fact that software piracy was involved.
        • In this case, the modchip actually was used for pirating games, so that's why it would be included in the charges. There are about 2 or 3 stories like this that pop up each year and the editors always seem to omit the fact that software piracy was involved.

          Indeed. They have every right to charge you under the DMCA for modding with the intent of violating copyright...if you violated copyright.

          Suppose there was a practical law that actually allowed medical marijuana. It's like if they pull over your car and f
        • by raehl ( 609729 ) <raehl311@@@yahoo...com> on Wednesday December 21, 2005 @01:19AM (#14306654) Homepage
          These guys are guilty of copyright infringement, so charge them with copyright infringement. That's the crime they committed. There's no reason for "circumventing copy protection" to be a crime - unless you want to prosecute people MERELY for circumventing copy protection, even if they are NOT committing copyright infringement in the process. If you believe committing copyright infringement by circumventing copy protection is somehow worse than just committing copyright infringement, then the law should make circumventing copy protection in the process of committing copyright infringement illegal.

          But it doesn't. It makes it illegal to circumvent copy protection even if the copying would otherwise be illegal. Thus, the DMCA effecively allows content owners to EXTEND their copyright protection by adding copy protection.

          If it's legal for me to copy something, it should be legal whether the something has copy protection or not.
      • by jnadke ( 907188 ) on Tuesday December 20, 2005 @06:52PM (#14304033)
        To elaborate, this is the exact charge that could set a precident that scares me: "conspiring to traffic in a technology used to circumvent a copyright protection system". For a long time, Linux on xbox was considered legal as no code was stolen. Only the copy protection system was broken, using flaws in the hardware (unlike DeCSS). No actual code is altered in the process. This could also prevent people who prefer their privacy from disabling Trusted Computing. Generally, the rule of thumb has been "you bought the hardware, you can do whatever you want with it as long as you don't touch our software". This would change that.
      • Part of the law is intent though, just like you can be charged for conspiracy to commit murder if nobody is killed. So if I open somebody's unlocked car door to turn off his headlights, I might not be nailed (depends on the cop, the judge, and the owner), but if I do so and then drive off with the car... then I'm probably liable for both the theft and the steps leading up to it.

        The problem of course is that the legal system often looks past intent nowadays.
    • Re:DMCA (Score:4, Insightful)

      by RingDev ( 879105 ) on Tuesday December 20, 2005 @06:34PM (#14303814) Homepage Journal
      These guys where ripping off thousands of dollars in software with each sale. Heck, if you coughed up $30 for each of the 77 video games they gave away with their modded box (for less then $500) you'd have to pony up over 2 grand. Realisticly it would be significantly higher then that. If they sold 100 fully loaded boxes they would have effectively ripped off a quarter million dollars from the publishers.

      Rightly so these guys should be prosecuted.

      -Rick
      • Re:DMCA (Score:4, Insightful)

        by Red Alastor ( 742410 ) on Tuesday December 20, 2005 @07:07PM (#14304170)
        Sure if people buying those Xbox were going to buy all those games. Most of them probably don't even like 80% of the games in there. I'm not saying it was right to put the games on the hard disk but that trying to calculate "losses" is misleading.
    • Re:DMCA (Score:5, Informative)

      by Guspaz ( 556486 ) on Tuesday December 20, 2005 @06:35PM (#14303821)
      I was also going to post a similar expression of disgust, until I read this:

      During the investigation, undercover agents with U.S. Immigration and Customs Enforcement paid $265 to have a modification chip, a hard drive and 77 pirated games installed on an Xbox, according to the criminal complaint."

      No sympathy, then.
    • Re:DMCA (Score:5, Funny)

      by dnoyeb ( 547705 ) on Tuesday December 20, 2005 @06:42PM (#14303909) Homepage Journal
      Uhh damn! Looks like everyone has RTFA!?! I suppose the editors will have to take that into consideration next time they post a summary...
  • by JUSTONEMORELATTE ( 584508 ) on Tuesday December 20, 2005 @06:27PM (#14303713) Homepage
    From TFA: During the investigation, undercover agents with U.S. Immigration and Customs Enforcement paid $265 to have a modification chip, a hard drive and 77 pirated games installed on an Xbox, according to the criminal complaint.

    This is where we all cheer, because the DMCA is being used appropriately.
    I suspect this story only got a green light because it has that particular acronym, but seriously guys -- this is what the law is supposed to do, right?
    Did this just get posted so we could laugh at these guys for being so blatant?
    • by KingSkippus ( 799657 ) * on Tuesday December 20, 2005 @06:33PM (#14303793) Homepage Journal

      You're right on the money, so to speak. Although the DMCA the legal stick that is going to be used to beat them senseless, it's not the modding that got these guys in trouble. If they hadn't been selling the games pre-installed on the hard drive with the modded Xbox, no one would have probably ever pursued this case.

      Personally, I have no moral problem with people modding their Xboxes, but I do have moral issues with what these guys did. They deserve to be prosecuted and to go to jail, and more to the point, they deserve to be criticized by communities like the /. crowd for taking something clever and exciting (modding Xboxes) and deliberately turning it into something evil (mass copyright infringement for profit).

      • Personally, I have no moral problem with people modding their Xboxes, but I do have moral issues with what these guys did.

        Legally wrong yes... Legal standards are set for persons to do business in an agreed framework in which interstate commerce commences with the rule of copyright in order to promote arts and sciences. And they have broke the law.

        But why is this morally wrong? They did not inflict suffering on any individual person. Maybe a corporation indirectly by removing theoretical profit, but under a
        • "It disturbs me we as a society equate morals with laws. Yes laws do include legislation of morality and have for centuries, but also legislates how we properly do business which has no basis or common ethics or Christian teachings."

          You bring up a good point that I hadn't even realised. I hadn't applied the prospect to copyright compared to theft. If I compare copyright infringement to theft of tangible goods I find that the theft of goods deprives a person or a group of persons of a thing, which is a
        • This is where the "Christians" incorrectly assume they have "higher" moral standards than the rest of us. "Morally wrong" has nothing to do with the fact that no "individual person" was harmed. Is that what you teach your children? "Its OK honey, you can steal that candy bar from the MEGA Grocery Store because that doesn't hurt a person, just don't steal it from Joe's Corner Mart." Is that your reasoning?

          Morally Wrong is just wrong. If it ain't yours, and you didn't pay for it, its wrong to take it.
      • by cbreaker ( 561297 ) on Tuesday December 20, 2005 @10:48PM (#14305857) Journal
        I work at a jail, and I don't think anyone that commits such a non violent crime should be sent there. Fined, or community service? That's more resonable.

        Really, I mean, is the world a better place with a couple of xbox modders that violated copyright behind bars? I'd rather have them out there working and paying taxes rather then soak them up in jail.
        • by bored ( 40072 ) on Wednesday December 21, 2005 @12:24AM (#14306388)
          Not only that, but the scale of the crimes doesn't compare. Take for example the quest CEO charged with insider trading to the tune of a hundred million dollars or so. He gets max 10 years, these guys get 5 years for copyright infrignment? What was the total $ value? Maybe a few thousand?

        • The problem is, if you don't send people to jail, how do you prevent people who have nothing to lose from committing crimes?

          If I'm an intelligent person, and I can potentially make tens of thousands of dollars by committing a crime, and the penalty for committing the crime is potentially losing the 10's of thousands of dollars and doing some community service....

          Time to begin my criminal career!

          But if the crime is going to prison, committing the crime is probably no longer attractive.

          Penalties for crime can
    • by swilde23 ( 874551 ) on Tuesday December 20, 2005 @06:33PM (#14303806) Journal
      and 77 pirated games

      It would have been nice to see that information in the headline. Seems a little important to the story. I suppose we could debate the legality of 'modding' chips? Or would that be off-topic?

      /shurg

      • by rworne ( 538610 ) on Tuesday December 20, 2005 @06:40PM (#14303879) Homepage
        The article sure makes it look like installing the mod chip is the problem, doesn't it? I have to get to the 5th paragraph 3/4 of the way through the article to find out there's 77 pirated games sold to an undercover agent as part of the purchase. Up until that point it all looked like a "DMCA screwing the modders" article. If the facts were buried any deeper I'd expect a sign stating "Beware of the leopard" nearby.
        • DCMA (Score:5, Insightful)

          by phorm ( 591458 ) on Tuesday December 20, 2005 @07:20PM (#14304293) Journal
          Yes, but the problem is that selling copied games is an offense of copyright infringement, not really circumvention. If they had sold the games without a modded console would they have been charged, or if they just modded the console?
      • No shit.

        Devil's in the details eh?

        They sold the agent a bunch of pirated games, duh.

        Or maybe the Mod was $265 and the pirated games were free so no one got hurt, right? There is no way you could say it was for convenance by this point.

        Now if i could figure out why they can advertised remote car starters in a town that gives you ticket for leaving a running car unattended. How on earth is that not promoting an illegal activity?
    • Judging by how the summary was presented, it was submitted to troll us up into a frenzy about the evil DMCA. If, for example, it mentioned the part where the drives had 77 pirated video games, you could argue I was wrong.

      It would have been newsworthy if ALL they were doing was installing a modchip and a large (empty) hard drive, and NOT pirating anything. If they were then charged under the DMCA, we could get excited about something finally being overturned for being blatantly evil.

      I can't get worked up ove
    • by rolfwind ( 528248 ) on Tuesday December 20, 2005 @06:49PM (#14304000)
      I disagree - why isn't this bought up as copyright infringement instead? It's clearly that. Why bring the DMCA into this?

      Other than to set precedent, of course. Where the corporations will start nailing more gray area cases, later on.
      • I disagree - why isn't this bought up as copyright infringement instead? It's clearly that. Why bring the DMCA into this?

        Did you just ask why they brought theDigital Millenium Copyright Act into a copyright infringement case?
    • by croddy ( 659025 ) on Tuesday December 20, 2005 @06:53PM (#14304037)
      This is where we all cheer, because the DMCA is being used appropriately.

      No.

      Selling 77 unauthorized copies of software was illegal before the DMCA.

      The only time we cheer for the DMCA is when we actually come to believe that it should be illegal to break encryption that was specifically designed to deprive honest customers of their fair use rights.

      • The DMCA would also apply if you put a sticky on your office doorknob saying "don't open" and some shlub opens it (thus tampering with the sticky). Nice to know you can manufacture a felon so simply.
    • by bhsx ( 458600 ) on Tuesday December 20, 2005 @06:55PM (#14304066)
      I wouldn't cheer that they're using the DMCA properly. I could cheer that they're coming down on illegal commercial pirating, which was already covered under old laws. No need for the DMCA at all in this. It's just another charge. Let's not herald it as a damned victory for the DMCA.
    • by Red Alastor ( 742410 ) on Tuesday December 20, 2005 @07:04PM (#14304147)
      This is where we all cheer, because the DMCA is being used appropriately.
      I suspect this story only got a green light because it has that particular acronym, but seriously guys -- this is what the law is supposed to do, right?


      Nope. The DMCA is never used appropriately. I agree that they were wrong and what they did was clearly illegal but we have other laws than the DMCA to take care of that. The DMCA have no legitimate uses.
    • The DMCA is still *unnecessary* and therefore A Bad Thing(tm). Theres no reason they can't charge these guys with piracy. The actual modding *SHOULD NOT BE ILLEGAL*. When the government restricts what people can solder to what, we have a serious problem.
    • and 77 pirated games

      ...the DMCA is being used appropriately

      Huh? Who needs the DMCA to go after these guys? This was illegal in 1985. Saying they were arrested for modding Xboxes and pirating software, is like saying some guy was arrested for owning a Jimi Hendrix CD (and a pound of marijuana).

      And I've just gotten the strangest feeling of deja vu, like I've seen this story somewhere else before...

  • by SilentOne ( 197494 ) on Tuesday December 20, 2005 @06:27PM (#14303714) Homepage
    From TFA:

    During the investigation, undercover agents with U.S. Immigration and Customs Enforcement paid $265 to have a modification chip, a hard drive and 77 pirated games installed on an Xbox, according to the criminal complaint.

    Like I said on digg this morning when this was posted there, no wonder they were charged, and quite rightly too.

    This is not a "Your rights online" story, it's a story about blatent copyright violation.
  • by monster8 ( 867350 ) on Tuesday December 20, 2005 @06:27PM (#14303721)
    AAARRGGH them swanky pirates!
  • Misleading summary (Score:2, Informative)

    by Anonymous Coward
    If you oppose the DMCA (as I do), this is the wrong type of case to rally around.

    Read the article:

    "During the investigation, undercover agents with U.S. Immigration and Customs Enforcement paid $265 to have a modification chip, a hard drive and 77 pirated games installed on an Xbox, according to the criminal complaint." (emphasis added)

    Now, if they were charged for selling the modding and hard drives, it's a clear-cut abuse of the DMCA by industry and law enforcement. But they were allegedly selling 77 pir
    • Disclaimer: The article is pretty scant on details, so if it turns out the 77 "pirated" games were actually purchased at full price and installed on the hard drive, then I'll support the ACME Game Store owners.

      By saying 77 "pirated" games, they are implying that the games were not bought, paid for, and original copies were included with the package.

      If it turns out that 77 original copies of the 77 included games came as part of the package (used, new, or homebrew) then they are not technically "pirated". I
      • If it turns out that they sold 77 original copies of these games (with the service of convenient HD bundling) for roughly $2-$3 per game ($265, minus the cost of a hard drive and the mod chip itself), then they're just wantonly stupid, not to mention in the red to the tune of $2000 or so on that sale. I'm going to stick with the 'pirated' explanation on this one.
        • I'm going to stick with the 'pirated' explanation on this one.

          My common sense feeling is that the games were in fact pirated.

          However, I have seen game stores BUY games from idiotic customers for no more than a few dollars per. If the store were to get rid of those games in that fashion, it costs them very little.

          Also, if the console included 77 non-commercial games enabled to run on a modded Xbox, then they couldn't by definition BE pirated at all.

          Let's imagine the following scenerio. A store has a bunch
  • by rworne ( 538610 ) on Tuesday December 20, 2005 @06:29PM (#14303741) Homepage
    From TFA:
    During the investigation, undercover agents with U.S. Immigration and Customs Enforcement paid $265 to have a modification chip, a hard drive and 77 pirated games installed on an Xbox, according to the criminal complaint.

    I'd have a lot more sympathy for them if there weren't for the pirated games installed as part of the purchase. Real stupid move there.
    • by argoff ( 142580 ) on Tuesday December 20, 2005 @07:11PM (#14304205)

      I'd have a lot more sympathy for them if there weren't for the pirated games installed as part of the purchase. Real stupid move there.

      No matter how you look at it, people are still up against hard time for simply copying and modding stuff. No, there is still plenty to say because, like as with most copyright related "crimes". These people are not criminals, and the punishment is WAY WAY out of line in relation to the supposed harm done to society.

      Now if in addition they robbed a bank, and beat an old lady and left her for dead ... then I might have some sympathy, but then again that wouldn't be charged as a DMCA crime would it?

  • 77 Games? (Score:5, Funny)

    by sbyrnes00 ( 940041 ) on Tuesday December 20, 2005 @06:35PM (#14303823) Homepage Journal
    That's about 76 more than the number of worthwhile games available for the Xbox. They got ripped off. =)
    • That's about 76 more than the number of worthwhile games available for the Xbox. They got ripped off. =)

      Just out of curiousity, what good games does the PS2 or Gamecube have that the XBox doesn't?
  • by Sheetrock ( 152993 ) on Tuesday December 20, 2005 @06:36PM (#14303840) Homepage Journal
    But, objectively speaking, wouldn't they still be facing a ton of legal problems even if it never existed?

    It still seems right to criticize the DMCA to me. It isn't necessary to get pirates but it does criminalize a whole range of activities that really shouldn't be illegal.

    • I totally agree. The DMCA here is a bit like fishing with dynamite. Sure, you get the fish, but what other damage are you causing in the process? I think these guys were properly busted for this, but I think they still could have been caught and prosecuted if the DMCA were more narrowly worded.
  • by komodotoes ( 939836 ) on Tuesday December 20, 2005 @06:37PM (#14303849) Homepage
    I don't have a lot of sympathy for these guys because obviously they were doing more than modding consoles. But is a 5 year prison sentence appropriate for this? I'm not sure how prison sentences work in California, but in Canada a 5 year sentence doesn't neccesarily mean you spend 5 years behind bars. I just think that a civil remedy would probably be just as effective (i.e. sue for damages). I'm obviously not a lawyer - I just think half a decade of unwilling participation might be overboard for small scale piracy.



    NeverEndingBillboard.com [neverendingbillboard.com]
    • Prison is almost never the answer in these situations. How about instead of 5 years if prison, they're charged financially what it would cost per prisoner for 5 years plus 5 years probation?

      No prison, and the state could use the money. It sure beats filling up the prisons with useless bullshit.
  • by sherlocktk ( 260059 ) on Tuesday December 20, 2005 @06:40PM (#14303885) Homepage
    Although it is not illegal to install a mod chip in the box, by far all of the software run on these in one shape and form is illegal. Yes I know there is a perfectly legal way to run linux on this machine, but that is not what is used in practice. Even without using "commercial" software, you still need 2 pieces of sofware to make this work

    1. You need to get a hacked bios that lets you boot soemthing else besides the DVD drive
    2. you need to run some sort of dashboard. (basically a menu manager on which programs to launch.

    Since all of these are built with an piece of software that MS owns, and is not licensened to build "homebrew" software its still technically not legal to get this software. That is why this software is not availiable for blatent download, you have to do a little bit of digging.

    Now ethically I have no problem with the abouve steps to lets say get xbox media center working (my favorite reason for my xbox). But I think the store selling the box with games is totally wrong and just blatent copyright infringement/theft, depending on the camp you talk to. People worked hard on the games, and they deserve to get paid, just like you deserve to get paid at your work for what you do.

  • Why is (Score:5, Insightful)

    by ScottCooperDotNet ( 929575 ) on Tuesday December 20, 2005 @06:49PM (#14303999)
    Why is the U.S. Immigration and Customs Enforcement handling this and not another agency? Did they find this via imports of mod chips? I can already imagine the **IA lobbying for a new Federal department inside the FBI to deal with this sort of stuff.

    I'm intrested in what game programmers / creators think of the penalties that could be imposed. Would you prefer a large fine to jail time?

  • Remember that these guys could have been prosecuted under perfectly servicable copyright laws; it's not as if we need a law as divisive as the DMCA to bring people like this to justice.

    Copyright laws, together with the concept of Fair Use, are reasonable; the DMCA is a corporate-sponsored attack on Fair Use, and serves no other purpose.

    Andy
  • Too bad.. (Score:5, Insightful)

    by Sylver Dragon ( 445237 ) on Tuesday December 20, 2005 @06:57PM (#14304079) Journal
    It would have been nice to see a test case for the DMCA. However, this is going to be settled fast.
    From the article:
    During the investigation, undercover agents with U.S. Immigration and Customs Enforcement paid $265 to have a modification chip, a hard drive and 77 pirated games installed on an Xbox

    Even without the DMCA crap, these guys are screwed. Most likely the lawyers for the defendants will settle for a fine and a suspended sentence. Nothing will be tried, and the DMCA will continue to exist as a nice chilling spectre.

  • Wile E. Coyote was seen leaving the same store with a sledghammer, an Xbox and a very large rubber band.
  • by dindi ( 78034 ) on Tuesday December 20, 2005 @07:07PM (#14304165)
    I simply do not agree on modding being illegal. I still feel that by modding an Xbox i get more functionality, I paid for the hardware and if i own it I can smash it, mod it, or do whatever I like to do with it in the privacy of my home.

    Now selling 77 games on the HDD is not a good thing, but being able to play a copy of a game comes handy sometimes.

    E.G. I am the owner of the original game "Ghost recon Summit strike" NTSC but since I do no have Live I play on XBC or KAI.
    Since I figured that the game is only compatible with the same system (NTSC vs NTSC and PAL vs PAL) I cannot play with my european buddies online unless I have a PAL version, and even if I buy a pal version I cannot play it in my unmodded NTSC Xbox. So I have a copy of the PAL game just for the purpose to be eble to play overseas.

    But that is just one reason I own a modchip and why I refuse to buy a game 2 times. (UBI I love you guys, make the next GR playable all-over just like any other developers and I won't own an illegal copy I promise.

    Now when it comes to game modding on consoles, ripping the game (whether you own it or steal it) is also a requirement (or to be able to make a custom DVD with the new files) .

    Same goes with extra maps (without live).

    But still this is just the game part, when you want to use your box as an AVI player, listen to online radio and etce..tc..tc

    What is next? I buy a honda and there will be an eula that if I put on an extra exhaust pipe, or change the air filter I am modding illegally? Oh yeah, I circumvented the rev limiter because my bike moved like grandma's.... everyone does that .....

    If it goes like this we will see computers with locks on it that only repairmen can open, and the police will come to you and check if your computer is still sealed, if not you pay $$$$ and go to jail.

    A bit of info: I asked my local retailer for an unmodded Xbox. All I heard is : are you crazy? Why would you sell that here?

    I mentioned it before, but here in Costa Rica a game goes for $80 for ps2/xbox while a copy goes for $5-$6.

    Now which is selling better when a McDonalds worker makes around $200 a month ?

    I personally order games used from Amazon or Ebay for like $15 a piece, but many people have no US shipping address here, and do not own a credit card, nor they want to pay for a game that's $80 and you are missing half the functionality as it is Xbox live only, as they barely have a dialup at home.

    Just some inside look why piracy goes on here..... Well now returning to the LA story, I am sure those guys who bought these preloaded boxes made more than $200 a month, and I am sure I would be ashamed to get anything like thet in the US where you have $10 used games on storeshelves.

    Oh, I saw ads last year around Christmas on TV advertising chipped consoles with 5 games included. I am 99% sure that those were copies too.

    • <blockquote>What is next? I buy a honda and there will be an eula that if I put on an extra exhaust pipe, or change the air filter I am modding illegally? Oh yeah, I circumvented the rev limiter because my bike moved like grandma's.... everyone does that .....</blockquote>

      Actually that is illegal in NSW, if it affects the noise certification. And if your exhaust doesn't have a sticker on it that says it is legally quiet, your bike will be defected even if it is not noisy.
  • by Nom du Keyboard ( 633989 ) on Tuesday December 20, 2005 @07:17PM (#14304264)
    Just whose XBox is it? If I paid for it then I should be able to do as I wish with it. Doctrine of First Sale -- Microsoft loses any further control over it. Yeah, if they want to get me for pirating games that's a charge they can take to court, BUT there should not be allowed any case against modding.
    • Just whose XBox is it? If I paid for it then I should be able to do as I wish with it. Doctrine of First Sale -- Microsoft loses any further control over it. Yeah, if they want to get me for pirating games that's a charge they can take to court, BUT there should not be allowed any case against modding.

      "Doctrine of First Sale", as you call it, allows you to resell the device. It does not allow you to do illegal things with the device. The people in question were using the modded XBox to illegally copy and
  • by GmAz ( 916505 ) on Tuesday December 20, 2005 @07:24PM (#14304327) Journal
    My Xbox is modded, mainly because I am too lazy to get up and switch the game disc when I want to play a new game. But come on, pirate 77 games and sell it bundled. Ya, talk about someone that was slapped with a stupid stick a few too many times.
  • ... is that accepting copyrights is the same as accepting that is OK to have an information police state for the sake of "protecting" video games. While I like video games the same as the next guy, giving people hard time for illegal copying (and modding) is a morally shallow solution no matter how you look at it. Which means that this raid was unjust no matter how you look at it too .....
  • Stupid editing strikes again.

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  • +77 Pirated Games (Score:4, Insightful)

    by Cervantes ( 612861 ) on Tuesday December 20, 2005 @08:22PM (#14304862) Journal
    This is sad. I didn't RTFA. I didn't even really read the /. article blurbage.

    All I had to see was "Xbox Modders Charged Under DMCA", and I KNEW that they'd loaded pirated games on a HD, and THAT was mostly what they were getting busted for.

    That is both a sad comment on the community of profiteering xbox modders, and a sad commentary on the state of /. article summaries.
  • by ShyGuy91284 ( 701108 ) on Tuesday December 20, 2005 @08:36PM (#14304986)
    A said it on an xbox forum when I heard about it (in a slashdotesque bitching style), and I'll say it here. I hate it when a headline is missworded purposely to get more attention.... They were not arrested for modding. They were arrested for loading 77 games onto the modded X-Box..... Arrested for modding would be surprising and interesting. Arrested for selling pirated games isn't. It's common sense.
  • by Slant675 ( 168902 ) * on Tuesday December 20, 2005 @08:48PM (#14305078) Homepage
    "DMCA" is just one letter away (and only moving that letter up one position in the alphabet at that!) from being "ACME" spelled backwards. There's gotta be a large conspiracy here somewhere! :p
  • by S3D ( 745318 ) on Wednesday December 21, 2005 @03:59AM (#14307170)
    Harsh punishment for minor offence is not always wise.
    During the frirst all-China empire Qin, legalist [wikipedia.org] Li Si [wikipedia.org] held a great power and established harhs penalty for any minor crime. A group of peasants was drafted for labor service. Heavy rains made his group late in reporting for duty. Knowing they would be killed for this offense, the group members decided they had nothing to lose and became an outlaw band. Soon their ranks swelled with thousands of malcontents, making the band of outlaws a sizeable force. Similar uprisings took place simultaneously in other parts of the empire, and empire Qin collapsed.
    reference here [east-asian-history.net]

I tell them to turn to the study of mathematics, for it is only there that they might escape the lusts of the flesh. -- Thomas Mann, "The Magic Mountain"

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