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Arrests Made Near D.C. Over Modded Game Consoles 505

multiOSfreak writes "According to this Reuters articl, two video game store employees have been arrested for modding video game consoles. From the article: 'Authorities arrested two store employees on charges of conspiracy to commit copyright infringement and conspiracy to traffic in a device that circumvents technological protection measures, the ESA said.'" It's not clear from the article whether the modded consoles were sold without copies of the games which had been installed on their hard drives, which would seem to be the most important distinction between convenience for buyers and actually ripping off game makers. Update: 12/08 22:43 GMT by T : This thread on boing-boing includes a comment from a would-be customer who says (among other things) that store employees "were also preloading the XBox systems with tons of emulators (arcade and console) and as many ROMs as they could find."
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Arrests Made Near D.C. Over Modded Game Consoles

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  • Ripped off games. (Score:5, Informative)

    by grub ( 11606 ) <slashdot@grub.net> on Wednesday December 08, 2004 @03:01PM (#11035353) Homepage Journal

    Timothy: It's not clear from the article whether the modded consoles were sold without copies of the games which had been installed on their hard drives

    Article: Pandora's Cube, Wright said, sold $500 "Super Xbox" consoles, modified versions of Microsoft Corp.'s (MSFT.O: Quote, Profile, Research) Xbox video game console, that had been modified to hold larger hard drives and play pirated games. The modified consoles, some holding 15 or more games already copied to the hard drive, were on open display in the stores

    It sounds to me like they'd stock up the drives with ripped off games to warrant the $500 price tag. After the modchip, hard disk and cost of the XBOX itself there isn't a lot left from the $500 to go towards games.
    • Yep. Pretty much they deserve it based on their own stupidity. I mean, c'mon. Everybody knows you only sell this type of thing through Ebay with vaguely worded descriptions.
    • Re:Ripped off games. (Score:4, Informative)

      by LinuxHam ( 52232 ) on Wednesday December 08, 2004 @03:18PM (#11035594) Homepage Journal
      $69 for the chip, $75 for 120GB drive (still the max, right?), and $129 for the xbox. $275 total leaves $225 for games.

      Can you get 15 games for $225? I buy 'em used for $14. $14*15 = $210. They could have saved themselves a lot of trouble by going legit.
      • And if they were including used games with the system?

        Of course it is a bit short sighted of the Game shop as once you can copy games to the HDD; why not rent games and do that instead of buy games?
      • Re:Ripped off games. (Score:3, Interesting)

        by jandrese ( 485 ) *
        Maybe part of the cost was that they were actually giving the users the original DVDs and cases for the games, and the pre-loading was just a convienence thing? I know stores don't pay the full $50 for the games. Maybe they thought they were being legit because the customers were in fact buying all of the games and hardware they installed?

        This is all speculation though, the article was written by someone who doesn't know anything beyond what the police told him, and the cops don't always have their fa
      • by Anonymous Coward
        $69 for the chip, $75 for 120GB drive (still the max, right?), and $129 for the xbox.

        The look on your face when the DOJ raids your store and hauls your ass to jail....priceless.
      • Re:Ripped off games. (Score:3, Informative)

        by MukiMuki ( 692124 )
        Don't forget the DreamX [upgrade123.com] system, which upgrades both the processor (to 1.4 ghz) and the RAM (to 128 megs) and can easily cost $500. (they also upgrade the sound so that you get 5.1 analog out)
    • Nowhere in what you quoted does it actually say that they were selling the consoles with games on them. It simply states that they had display models that had pirated game son them. It doesn't state that they were selling them.

      Hence Timothy's comment. Some people need to learn to read.
    • Re:Ripped off games. (Score:5, Interesting)

      by DunbarTheInept ( 764 ) on Wednesday December 08, 2004 @03:39PM (#11035793) Homepage
      The wording of the article is very vague on a very key point, and it's a key point that decides whether or not I agree with the store or with Microsoft on this.

      It says they modified consoles to have larger hard drives and play pirated games. (Dubious claim because that's what ESA will say about ANY modded xbox, regardless of intent). Then, in a second sentence it says there were modded xboxes on display that had 15 games or more copied onto the hard drive. What is unclear is this very important point: Were those boxes with 15 games ONLY display models, or were all the xboxes sold ones that had pirated games on them (as opposed to ones modded in such a fashion that they *could* have pirated games on them.)

      Basically, if they sold modded xboxes that had pre-installed pirated games on their hard drives as the article heavily implies without saying outright, then ESA is in the right on this. If they merely were selling modded xboxes that *can* store games on the hard drive, but started out without any stored on them, and their 15 games on the display models were just examples to demonstrate this feature, then ESA is in the wrong on this (yeah, I know the law says otherwise, but the DMCA is wrong.)

      Basically, the article doesn't provide enough information to explicitly state that actual piracy (actual piracy, not the DMCA newspeak version of piracy) was taking place. It states outright that mods that could be used for piracy were being *sold*, and that copied games using those mods were on *display*. The connecting of the two together to mean that copied games were being installed on the new xboxes being sold was merely heavily implied without being stated explicitly.

      • by robbway ( 200983 ) on Wednesday December 08, 2004 @04:18PM (#11036201) Journal
        I've shopped at the College Park and Baltimore stores in Maryland. Their prices are very high! However, in this case my own observations led me to the following opinion: the article has the correct spin, i.e. pro-government, pro-console manufacturer, and pro-software publisher.

        It's not unique to Pandora's Cube. Every import store I've visited sells grey/black market items in plain sight, with large signs, and sometimes light ropes! Depending on the quality of the copy, you may inadvertantly be purchasing illegal copies. Be wary when they say "They're from Hong Kong."

        I'd venture to say they collected a bit more evidence in other areas (*cough* video/dvd *cough*), too. If you're gonna play, don't get caught. I mean, the probable cause was out in the open and the FBI HQ is 20 miles away?

        The saddest example of law enforcement was when Pokemon: The First Movie was out, I was catching a preview of it at the store. Not only was this a week before theatrical release, but I was watching it along with four police officers who were in the store at that time. In the end, I guess it was truly a Federal case.

        Sour grapes: Customer service sucked, too.
      • (actual piracy, not the DMCA newspeak version of piracy)

        you mean "actual piracy" where they sailed in on a ship flying the skull and crossbones, killed the employees and customers mercilessly, and stole everything of value off the store shelves before sinking the store?

        pretty sure there wasn't any "actual piracy" going on.
      • by kreinsch ( 82720 ) on Wednesday December 08, 2004 @05:35PM (#11036791)
        Sure, the article is vague, but I can confirm it. I dropped in the store recently to ask about mod chips.

        They were selling modded XBox systems with larger hard-drives and games preloaded. Each box had a printed sticker attached with the size of the drive and a list of included games. You could pick your XBox based on the size of the hard-drive and the list of included games. And it was current games - things like Burnout 3 and Halo 2.

        They were also preloading the XBox systems with tons of emulators (arcade and console) and as many ROMs as they could find. I watched a customer walk in and ask about a specific original GameBoy game - the employee immediately fired up a GameBoy emulator with the appropriate ROM right there on the demo XBox and handed the customer the controller to play with.

        They appeared to be to be doing pretty brisk business. I left the place seriously disturbed by what I had seen and wondering whether to report them. Guess somebody already had. They definitely crossed the line. And it is sad to see that happen with one of the few reliable local suppliers of mod chips.

        I think they were doing the same practice with PS2 systems as well. I recall seeing a game list that was split into domestic and imports and imports really aren't an issue on the XBox.
  • by the_skywise ( 189793 ) on Wednesday December 08, 2004 @03:02PM (#11035361)
    "The modified consoles, some holding 15 or more games already copied to the hard drive, were on open display in the stores."

    Yeah, that sounds like an open and shut case of stupidity to me.
    • Aye... (Score:5, Insightful)

      by Vthornheart ( 745224 ) on Wednesday December 08, 2004 @03:06PM (#11035435)
      Any business should know not to participate in such behaviour, especially openly. What people do in the privacy of their own homes is one thing... but selling Pirated material? Sorry, no matter what side of the fence you stand on, and wether you think it's right or wrong, it was pretty stupid of them.
      • Re:Aye... (Score:3, Funny)

        by Doctor Memory ( 6336 )
        What people do in the privacy of their own homes

        Am I the only one who read that as "What people do in the piracy of their own homes"?
      • There isn't much of a fence here... it's pretty much accepted by everyone except the pirates that Selling pirated works for profit is not only illegal but morally wrong as well.
      • Re:Aye... (Score:3, Insightful)

        by cplater ( 155482 ) *
        I totaly agree. It's blatant crap like this that give legit (xbox) modders a bad name. This will probably make it harder for the guy who wants to mod _his_ xbox to run linux, XMBC, etc
    • Re:It's fair... (Score:2, Interesting)

      by Anil ( 7001 ) *

      I haven't visited Pandora's in a few years, but in the past, they always had a few game systems available for customer use - to try out the latest import games. Similar to the practices of other console retailers.

      It is very possible that the "some hold 15 or more games" was just the one display unit in each store for customer in-store usage. If that is the case, it may not be an open and shut case - though, I'm sure they will have a hard time proving that the display units were not for sale.

  • Wow... (Score:5, Funny)

    by Enigma_Man ( 756516 ) on Wednesday December 08, 2004 @03:02PM (#11035362) Homepage
    Conspiracy to commit copyright infringement... I didn't know it'd gotten that bad yet.

    -Jesse
    • Then you must have never drawn the ire of a cop. They can charge you with conspiracy for just about any crime. If a cop has a real hard on for you, they can get you for things like conspiracy to jaywalk.

      LK
  • Wow... (Score:3, Insightful)

    by 31415926535897 ( 702314 ) on Wednesday December 08, 2004 @03:02PM (#11035364) Journal
    ...and I'll bet you thought the war on drugs was bad.
  • Hmmm.... (Score:2, Insightful)

    by Eccles ( 932 )
    Besides industry efforts, some individual game companies have taken steps of late to stop piracy. Last month Nintendo Co. Ltd. (7974.OS: Quote, Profile, Research) won a court order barring the sale of devices running pirated copies of classic Nintendo video games.

    Wouldn't that make every PC illegal?
    • Re:Hmmm.... (Score:3, Insightful)

      by Poseidon88 ( 791279 )
      Wouldn't that make every PC illegal?

      No, but it's illegal to sell a PC loaded with an NES emulator and a bunch of ROM images of copyrighted games. Actually, it's illegal to even own one, but it's a lot harder to track down all the people that download the things than it is to track down the moron who's trying to make a profit by advertising and selling them.

    • Re:Hmmm.... (Score:3, Insightful)

      by batkiwi ( 137781 )
      No, these are small "NES on a chip" devices which look like an N64 control and come loaded with 256 pirated NES games. Have you seen those atari packs with 10 games atari has begun selling in gamestop/etc? It's like those except not put out by the person who own the rights.

      These things can serve NO purpose other than playing pirated nintendo games. You cannot load your own code on it, you can't use it as a regular controller, etc. No two ways about it.
  • Honestly... (Score:5, Insightful)

    by FiReaNGeL ( 312636 ) <.moc.liamtoh. .ta. .l3gnaerif.> on Wednesday December 08, 2004 @03:03PM (#11035383) Homepage
    Sure, modchips can be used to boot Linux from your XBOX and other cool stuff, as playing imported games on your PS1, etc.

    But let`s be honest. 99% of modded Xbox and PS1/2 serve a lone purpose : playing games without paying for them.

    Of course, we must also realize that the popularity of the PS1 compared to the N64 was probably due to this 'feature'...
    • Re:Honestly... (Score:5, Insightful)

      by Cutriss ( 262920 ) on Wednesday December 08, 2004 @03:08PM (#11035474) Homepage
      Of course, we must also realize that the popularity of the PS1 compared to the N64 was probably due to this 'feature'...

      And the fact that N64 games were $10-$20 more expensive on average, and the N64 featured almost *no* RPGs from start to finish...That was just coincidence, eh?

      Face it - the PS1 had a rough start, sure, but it was the games that sold the system, starting with FF7 in particular.
      • FF7 is the reason why I own a PS2. My brother wanted to trade his X-box for my PS2...i was going to and then i remembered that without it i couldn't play my fav game series.
    • Re:Honestly... (Score:5, Informative)

      by garcia ( 6573 ) * on Wednesday December 08, 2004 @03:08PM (#11035477)
      But let`s be honest. 99% of modded Xbox and PS1/2 serve a lone purpose : playing games without paying for them.

      If these people hadn't pre-loaded the devices with games this would have been a completely different story.

      Let's not fall into the "oh, it must have been piracy so it's ok" thing. Mod-chips serve a purpose and should be legal. If you are using a mod-chip to steal games then that's your own thing but certainly don't give them the satisfaction of saying that everyone mods for burning games.

      Personally I'm waiting for the XBox2 to come out and everyone to drop their XBox1's on Ebay so I can get them cheap as hell for a media center machine.
      • >Personally I'm waiting for the XBox2 to come out and everyone to drop their XBox1's on Ebay so I can get them cheap as hell for a media center machine.

        off topic, but i thought xbox2 is not backward compatible with the current xbox? if such is the case, the release of xbox2 will have no effect on xbox users dumping their system,

    • My xbox only runs XBMC and a region free DVD player. The only microsoft signed code it's ever booted was the tetris demo disk it came with.
    • "Of course, we must also realize that the popularity of the PS1 compared to the N64 was probably due to this 'feature'..."

      Um, I worked at a game retailer when the PS1 was released. If people were buying PS1s to easily pirate games, they were spending a hell of a lot of legit money on top of it.
  • by homer_ca ( 144738 ) on Wednesday December 08, 2004 @03:03PM (#11035395)
    This store was pretty blatant about it. Selling a $500 "Super Xbox" preinstalled with a modchip, upgraded hard drive and a few copied games on the hard drive. That's just asking for it.
  • Thank god! (Score:5, Funny)

    by tkrotchko ( 124118 ) * on Wednesday December 08, 2004 @03:04PM (#11035402) Homepage
    As a result of this arrest, I'll feel a little bit safer tonight when I go to sleep.
    • Re:Thank god! (Score:2, Insightful)

      by mzwaterski ( 802371 )
      As a result of this arrest, I'll feel a little bit safer tonight when I go to sleep.

      If you write video games for a living, then it is highly likely that you will feel a little safer.

      Video game manufacturers probably don't care if the guy who stole your car is arrested, but I'm sure you do...

    • If you feel safe, just think of how your children feel now.
  • Is it just me?? (Score:3, Informative)

    by FortKnox ( 169099 ) on Wednesday December 08, 2004 @03:04PM (#11035403) Homepage Journal
    Or does the phrase "conspiracy in the video game industry" really not sell you on the idea that the federal government needs to get a task force to eliminate it?

    Seriously... it sounds like EA executives have imprinted subliminal messages to assassinate the president, until they are sniffed out by the ESA black-op soldiers!

    Seriously, though... we have to hold off judgement until we know exactly what they are being arrested for. If they are just modding the boxes or are offering something on top of that.
  • RTFA (Score:5, Informative)

    by dr.fishopolis ( 604072 ) on Wednesday December 08, 2004 @03:04PM (#11035405)
    before we get all uppity, the headline written by reuters is a lie. they were arrested for modding xboxes, loading them with 15 games, and selling them as "super xboxes" on the store shelves.

    They were NOT arrested for "modding xboxes". They were arrested for being idiots.
    • Re:RTFA (Score:2, Insightful)

      by Tirinal ( 667204 )
      ,They were arrested for being idiots.

      Would that such laws applied to administrative as well as clerical staff.
    • Re:RTFA (Score:2, Insightful)

      by Rude Turnip ( 49495 )
      Note to Taco: It's sloppy headlines like this that puts me off from getting a /. subscription. It's also getting to be the sight of certain editors' names next to headlines that signals a sign of sloppy/inaccurate headlines...which means I end up ignoring the discussion and giving you 1 less page impression.
    • RTFA, the headline written by the slashdot editors is a lie.

      The Reuters headline is "U.S. officials raid stores,arrest 2 in game piracy".
  • Pandora's Cube (Score:5, Informative)

    by echocharlie ( 715022 ) on Wednesday December 08, 2004 @03:05PM (#11035423) Homepage
    It was only a matter of time before something like this happened. The employees worked for Pandora's Cube apparently. This company is very active on the anime convention circuit and sells their wares there. I've never seen them sell these Super X-boxes at conventions. Perhaps the employees were doing this independently of the store?
    • Re:Pandora's Cube (Score:2, Informative)

      by bandrzej ( 688764 )
      I know specfically that the Pandora' Cube in Baltimore (technically in White Marsh, MD) does sell modified PS2s and XBOXs to play imports...but not to pirate other games. They will also not install mod chips not bought by them or can be used for piracy.

      I personally think these people were basically doing it on their own.

      One thing the article leaves out is which games. All we know it could be some freeware games.

      Tis a sad day indeed that you cannot hack your own hardware anymore.

  • by prozac79 ( 651102 ) on Wednesday December 08, 2004 @03:06PM (#11035438)
    From the article: But because video games tend to have very large digital files, a large part of the industry's piracy problem stems from illegal hardware and illegal copying of game discs.

    In other news, federal authorities raided and destroyed core Internet routers citing that the hardware was facilitating piracy.

    • and thats why I keep the inside of my router booby-trapped...go ahead crack it open boy.

      In the meantime, the real router (the wireless one) is tucked away in the upstairs, cute neighbors unit under her couch. Just close enough to get a good signal & use her inet connection bwahahahahahah.
  • by Karl Cocknozzle ( 514413 ) <kcocknozzleNO@SPAMhotmail.com> on Wednesday December 08, 2004 @03:06PM (#11035439) Homepage
    Please avoid the standard Slashdot knee-jerk until you RTFA... These guys appear to have been involved in actual piracy.

    Quoth the article:
    The modified consoles, some holding 15 or more games already copied to the hard drive, were on open display in the stores.

    Now, I assume the reason that the feds were involved is that this was for-profit copyright infringement, which is a crime.
  • Flagrant Piracy (Score:5, Insightful)

    by ThePyro ( 645161 ) on Wednesday December 08, 2004 @03:06PM (#11035448)

    Not only were they modding the consoles, but they were selling them with pirated games already installed for $500 a pop.

    If that's not blatant piracy deserving of jail time then I don't know what is. Whine all you want about your right to do what you want with your own hardware, but these guys were begging to get busted.

  • by jaxon6 ( 104115 ) on Wednesday December 08, 2004 @03:07PM (#11035453)
    Presenting the tools to a user to allow them to infringe on somebodys copyrights: Legal

    Using those tools and infringing on somebodys copyright: Illegal

    Hardware that circumvents restrictions put in place to keep me from accessing my legally licensed software should always be legal.

    This reminds me of the old PS mod chip stuff I used to do for my gfs mom. I modded a few PSs, and copied rented games for her. It worked out great, because I _knew_ her. If you're going to do this kind of thing for pocket ching, keep it discrete. Like when you get offered Gillette Sensor Excel Titanium Pro(whatever) blades at the local barbershop at like %30 of cost because they fell off a truck somewhere. That's relatively discrete. Putting those same blades in the store window, not discrete.

    Darwinism applies to illegal activity also. The stupid get busted, the smart don't.
    • "Presenting the tools to a user to allow them to infringe on somebodys copyrights: Legal"

      As long as the tools have "substantial noninfringing uses." Sony v. Universal, the ol' Betamax case.
    • No, let's make something clear. Scope, profitability, etc. etc. etc. don't matter one fucking whit. Wether you do it for your Mom, my Mom, or Bill Gates' mom, it is still unlawful, period. No amount of justification will change that, no amount of rationlization changes that stark reality.

      And, wether that is how it should be or not is moot, that is how it is. If you want to see the system change, modding and pirating games for your Mother-in-law is less than a pointless activity.

      Your discretion sir

  • Although it's against policy, you'll still find a lot of, *ahem*, back-up games on Ebay.

    I bought a Dreamcast a while back, and the guy threw in a sampler pack that had come with it originally. Upon lifting the CD out, it turns out he had forgotten about his lovely CD-R with Ready to Rumble 2 on it.

    The moral of the story here being, make sure you're buying from a trusted source if you want legit games. And more often than not, you do, or you'll risk being arrested one of these days, yourself.
  • by TrollBridge ( 550878 ) on Wednesday December 08, 2004 @03:07PM (#11035462) Homepage Journal
    No ripped-off games here, no sir! We all know that people only use modded consoles for purely legitimate purposes.

    What's that about 15 games pre-installed on the hard drive?? You're just a facist pig!!
    • I know a large number of people with modded Xboxes all to be able to run media software that lets them play videos/mp3s over the network like a PVR without recording capabilities.

      None of the people in question pirate games to my knowledge at all.

      Sure, some people rip off games -- they will anyway -- a modded Xbox has lots of legitimate uses as well.
  • Well! (Score:5, Funny)

    by doombob ( 717921 ) on Wednesday December 08, 2004 @03:07PM (#11035463) Homepage
    Well, now that the gaming industry has caught these two guys, their billions in lost revenue will be made up in no time!
  • by Maul ( 83993 ) on Wednesday December 08, 2004 @03:08PM (#11035467) Journal
    From the sounds of it (though we know how news spin can warp a story), they were selling pirated games preinstalled on the X-Boxen.

    Why is this a criminal offense? It would have been just as easy for Microsoft to send them a C&D and sue their asses. Why is taxpayer money going towards protecting the copyrights of megacorps?

    If I wrote a small piece of software by myself, and found someone violating my copyright, I would be forced to sue them to protect my copyright. I doubt I could get the cops to raid them. Megacorps, on the other hand, get to use law enforcement to take down violators.

    Can someone with detailed legal knowledge explain this to me?
    • It's a federal offense, punishible by jail time.

      Pop in any DVD, read the FBI warning at the front.

      The FBI will become involved if you give them a ring and can give enough evidence that someone is intentionally and systematically violating your copyright. A Cease and Desist/lawsuit doesn't discourage people as much as 10 years in jail does.
    • They were selling stolen software on the X-Box. This makes it criminal rather than civil. Once you start selling stuff illegally, things change.

      If you could show someone selling illegal copies of your software, you also could get law enforcement to step in.
    • Uhm, for the same reason the law protects my rights. Just because M$ are multi-billionaires does not mean they are less entitled to federal protection then joe schmoe.
  • "The modified consoles, some holding 15 or more games already copied to the hard drive, were on open display in the stores.

    "They were burning games onto the hard drive and equipping the hard drive with copying software so that the average consumer could just go ahead and copy the software themselves," she said."

    But would this be illegal if I purchased and owned the games already? I find this to be very useful as I could then "burn" all my games to my XBox's HDD and then put away the game CDs and not eve

    • Yes, because the store has no right to distribute copies of those games.

      It's exactly like the people the RIAA are suing. They aren't suing people who are downloading the music, but those who are sharing it.

      It's all about the distribution.
  • From the article: "The modified consoles, some holding 15 or more games already copied to the hard drive, were on open display in the stores." this is what really annoys me about the modding scene today, it's all about pirating games, which makes it harder for the genuine game importers and homebrew coders to persue their hobby.

    Chipping is now synonymous with pirating, I recently told someone I'd chipped my X-Box and they said they didn't agree with playing pirate games...
  • by Macadamizer ( 194404 ) on Wednesday December 08, 2004 @03:10PM (#11035498)
    Just FYI, here's the language from 17 U.S.C. 506 which describes criminal copyright infringement:

    "(a) Criminal Infringement.--Any person who infringes a copyright willfully either--

    (1) for purposes of commercial advantage or private financial gain, or

    (2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000,

    shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement.

    (b) Forfeiture and Destruction.--When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all infringing copies or phonorecords and all implements, devices, or equipment used in the manufacture of such infringing copies or phonorecords.

    (c) Fraudulent Copyright Notice.--Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.

    (d) Fraudulent Removal of Copyright Notice.--Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.

    (e) False Representation.--Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.

    (f) Rights of Attribution and Integrity.--Nothing in this section applies to infringement of the rights conferred by section 106A(a)."

    So yes, there canbe criminal penalties for copyright infringement -- its already built in to the statutes.
    • by Xaroth ( 67516 ) on Wednesday December 08, 2004 @03:50PM (#11035893) Homepage

      (a) Criminal Infringement.--Any person who infringes a copyright willfully...(2) by the reproduction or distribution, including by electronic means...which have a total retail value of more than $1,000, shall be punished as provided under section 2319 of title 18, United States Code....

      (b) Forfeiture and Destruction.--When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all infringing copies or phonorecords and all implements, devices, or equipment used in the manufacture of such infringing copies or phonorecords.
      (emphasis obviously mine)

      You heard it here first, people. Infringe the copyrights of over $1,000 worth of records on the internet, and the ENTIRE INTERNET MUST BE DESTROYED.

      Enjoy!
    • 180 days (Score:4, Interesting)

      by nurb432 ( 527695 ) on Wednesday December 08, 2004 @03:55PM (#11035949) Homepage Journal
      So, that means i can pirate upwards of 60 music CD's every 180 days and not be commiting a crime. ( for personal use, not re-sale )

      ( not that i can even think of 60 cds i want at this point. but that isnt the point )

      Now, considering its a criminal issue and not a civil issue, the burden is on the court to prove the timing of the copying..
  • While I don't have a problem with someone being arrested for selling unlicensed versions of games, as is the case here, I do have a huge problem with laws being in place that make it illegal to do things like view any region DVD, skip the FBI warnings on DVDs, etc. The congressmen that are taking money directly from the entertainment industry as campaign donations (which are nothing more than loosely veiled bribes) need to be brought to task. Someone putting a bigger harddrive in an X-Box should not be a cr
  • by naught ( 16634 )
    the legitimate charge here is the copied games -- which wouldn't have been, had they distributed the game discs with the console. this is a case of a person profiting off someone else's copyrighted works, which is what copyright law is designed to prevent.

    as for the circumvention charge, the evidence is on the console. my hope is that this case isn't extensible to any modchip installation. modchips have legitimate uses as well, and i'm a firm believer that once i get a piece of hardware, i can do whatev
  • Is this illegal in Canada? I know that we are sort of allowed to copy software/music because of the tax on the media, but how does it work for modifying technology so the copied media works?
    • I have no idea about Canada, but we pay a surcharge on blank media here in the US as well. It's supposed to be because the blank media could be used for duplicating copyrighted material, but ironically you're still breaking the law if you do.

      It's one of those quaint fees the various media industry lobbys have managed to hang on to along with things like the "breakage" fee taken out of artist's profits. (Which is a holdover from when phonograph records tends to break in shipping. Of course modern media

  • by Laser Lou ( 230648 ) on Wednesday December 08, 2004 @03:11PM (#11035514)
    the 11th commandment would read "Thou shalt not make copies of the previous 10 commandments."
  • If I might play Devil's Advocate for a moment... The U.S. has to export something to the rest of the world. We import an incredible amount of goods into the coutry every year as the balance-of-trade deficits clearly show. Many industries and jobs are going by the wayside in the U.S. Manufacturing jobs are no longer a huge segment of employment. Programming and other IT functions are being outsourced to other coutries.

    The "leaders" in the U.S. (read: politicians) have apparently decided that "IP" - in
  • "They were burning games onto the hard drive and equipping the hard drive with copying software so that the average consumer could just go ahead and copy the software themselves," she said.

    Reading the article, I can't tell if the consoles being sold with pre-loaded games on the hard drives came with retail copies of the games. Would it be illegal to mod an XBox, copy a game to the HDD (for faster load times, less chance of scratching the optical disc, etc.) and then sell the modded console and the orig

  • Let's say I own a store and I purchased a hard drive, mod chip, xbox, and 15 games.

    I open my xbox, put in the mod chip, add the hard drive, and preload the game images. Then I break the cd's that contained the game and throw them away.

    Now I sell my xbox for 500 dollars. Is this illegal?

    What if I sold my xbox and 15 games still in the box to someone over ebay, is that legal? What if I sold all the parts together, unassembled, that's legal too, right? I mean I can walk into ebgames and sell them my games.
    • the only time you can sell a game is if you sell the original CD. selling (or distributing) any other derivatives of that original CD is illegal for you because those derivates are legal only for your own use. even if you destroy the original CD, it doesn't matter - the burned in file is for you and only you to use.

      when you buy a game, you buy the license to play the game from the CD and also make any appropriate copies/derivatives of that CD/game for your own use. you don't own one copy of the game in any

  • The boy at the dike (Score:5, Interesting)

    by Schezar ( 249629 ) on Wednesday December 08, 2004 @03:17PM (#11035587) Homepage Journal
    A lot of people make the moral argument against copyright infringement. As well and good as that may be, and as much as I may agree with it, that argument is pointless and naive.

    For every "pirate" they arrest, ten spring up in his place. For every p2p network that gets shut down/investigated/compromised, ten faster, more secure, more anonymous networks spring up in its place. Furthermore, many developing (and some developed) nations have absolutely no incentive whatsoever to enforce copyright law.

    Bandwidth is increasing. Users are becoming more and more techno-savy. The technology is getting better.

    This cannot be stopped. Legislative measures end at national borders, and do not effectively deter (see the drug war). Technological measures will always be circumvented. Moralistic measures have no power of enforcement.

    It's not a matter of whether this is right or wrong. It's not a matter of whether intellectual property is legally protected.

    It's a matter of technology existing that cannot un-exist.

    Entities that rely on intellectual property protections have only two viable long-term paths at this point:

    1) Adapt to this new world.
    2) Be destroyed by it.

    Yes, it may be wrong. Yes, it may be stealing. Yes, it will put people out of work. The sad fact, however, is that these points are irrelevant in the face of the simple truth that it can not and will not be stopped.

    There comes a point in any losing battle where you cut your losses, step back, and re-evaluate your situation. We passed that point long ago.
  • ... Federal authorities ... arrested two people for modifying video game consoles to play pirated video games...

    and

    The modified consoles, some holding 15 or more games already copied to the hard drive, were on open display in the stores.

    It doesn't sound to me as if the reporter knew what he was talking about. Unfortunately, that's the norm. They have deadlines, and they get in a lot more trouble for being late than for stupidly misleading us.

    I'd guess that the arrests were for copyright violations

  • These guys have done nothing wrong! (If they play their cards right)

    Modding consoles is not a crime, dispite what chewbacca defense wielding game industry lawyers would have you believe. It's my Xbox, I bought it, I can do whatever I danm well please with it, including ripping the danm thing open and soldering on whatever chip I feel like(Or paying someone to do this for me). If I actually go and play a copyed game then "maybe" I've done something wrong. Maybe. Fair use can still justify this.

    Which is whe
  • How long (Score:2, Interesting)

    Before non palladium drm crippled pc users who want to run Linux get thrown in the slammer?

    After all its pirating since you did not pay ms the Windows tax so you must be trying to run software on your own system without Microsoft's approval.

    I am getting real sick of not owning the products I buy.

    What about fair use?

    The whole reason mod chips are used is because all the apps are encrypted and need to be signed by MS to run. THis creates a virtual monopoly for htem and brings in a shitload of money.

    The p
  • "...conspiracy to traffic in a device that circumvents technological protection measures."

    Who makes this crap up? Honestly...
  • God, FINALLY. We (some people in the dc area) have been trying to get Pandora's Cube taken care of for ages.
    Admitidly, it was because of all of the bootleg dvd's and fansubs of anime that they sell, but still, a bust is a bust! I hope they get hit hard.
  • by voice of unreason ( 231784 ) on Wednesday December 08, 2004 @03:30PM (#11035716)
    I used to shop at the College Park location that these guys ran, and I have to say that if there was ever a poster boy for the copyright-free movement, these guys were definitely not it. These weren't folks who just modded a few playstations. They sold lots of blatently pirated games and videos, at outragous prices. They pulled all kinds of tricks to pull a fast buck at their customers' expense. As an example, one time they went to an Anime convention, grabbed up all the free samples of a particularly coveted product that another vendor was giving away, then promptly resold them at the same convention. These guys would pirate anything for a quick buck. Good riddance to bad rubbish.
    • Re:I'm also local (Score:3, Insightful)

      by Anonymous Coward
      These guys are well known in the local circles of being complete and utter cockmonglers.

      They sell bootleg dvds and tapes, on the shelf, at exorbant prices. Theyve got a copy-system in the back, so when they sell one of the bootlegs, they just replace it with another copy.

      They've been kicked out of several anime cons before for selling bootleg dvds and merchandise (Very frowned upon, as the anime companies and the fans have unspoken rules)

      And the guy who runs it makes cowboy neal look skinny.
  • by kiddailey ( 165202 ) on Wednesday December 08, 2004 @05:30PM (#11036753) Homepage

    The boxes were on open display in the store. There were 15 or more games on the boxes. They sold them.

    That's all we know.

    What we don't know is if the original hard-copy of each game was included with each sold box or if each original was destroyed as it was copied.

    If either of those were the case, I'd have to say that there's nothing wrong with what they were doing. In the end, the buyer had their own single, legitimate copy of each game.
    "They were burning games onto the hard drive and equipping the hard drive with copying software so that the average consumer could just go ahead and copy the software themselves," she [Chunnie Wright] said.
    Assuming they were making sure each box had it's own individual copy of the game, this statement is nonsensical (even if you ignore the 'burning games onto the hard drive' idiocy). Providing a means to make a fair-use backup copy of purchased software is not a crime ...

    ... although at the rate things are going, it will be before too long.

    The real issue here is probably the bullshit that is the DMCA, and hopefully this will grow into being a case that tests the validity of it. Though, if I were a betting man, I'd wager that the store employees did not make an effort to ensure they were within the law and don't stand a chance :/

  • by dsnader ( 820997 ) on Wednesday December 08, 2004 @05:31PM (#11036762)
    There are more of these "illegal consoles" on Amazon.com for $500. They are listed as used, so they don't come directly from Amazon, but some of the ads openly say they are preloaded with games.
    Used XBoxes [amazon.com]
  • tinfoil hat (Score:3, Insightful)

    by Zareste ( 761710 ) on Wednesday December 08, 2004 @06:45PM (#11037358) Homepage
    conspiracy to commit copyright infringement and conspiracy to traffic in a device

    Funny how the government makes all sorts of conspiracy theories but when one of us points out the obvious, we're off to the nut house :(
  • by retro128 ( 318602 ) on Wednesday December 08, 2004 @07:19PM (#11037601)
    I clicked on the article thinking I'd see something about a couple guys who were modding consoles as a service to those who brought them in, but then I read:

    The modified consoles, some holding 15 or more games already copied to the hard drive, were on open display in the stores.

    $500 modded Xboxes on open display with warezed games? Open and shut case, these guys deserved to be pinched.
  • by kreinsch ( 82720 ) on Wednesday December 08, 2004 @09:18PM (#11038383)
    I neglected to mention before (and Xeni has already updated my remarks over at BoingBoing)...

    Pandora's Cube keeps electronic records of who you are and what you purchase. Not so much with the game and DVD purchases, but defintely with the system purchases.

    I doubt that the Feds will pursue the buyers, but if they obtain the records they will know who bought what system with the pirated games...

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