"College student is accused of modifying consoles for personal financial gain"

Discussion in 'Current Events' started by GoCubsGo, Aug 5, 2009.

  1. GoCubsGo macrumors Nehalem

    GoCubsGo

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    #1
    Gotta love the misleading title in a way ... "Cal State Student Arrested for Playing with Video Games" is hardly what happened. He was arrested for modifying console systems allegedly for financial gain. I mean, if you didn't gain from it financially then why bother? IMHO he should not go down alone if he goes down at all for this.


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  2. Sdashiki macrumors 68040

    Sdashiki

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  3. velocityg4 macrumors 68040

    velocityg4

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    #3
    This is ridiculous. These mods do not just have a sole purpose of pirating content.

    There are legitimate uses. Such as making backups of your games and only playing the backups so that you do not damage the $50 to $60 originals.

    Even if they are only used for pirating content. One should still be allowed to make the modification, it is up to the owner of the console as to whether or not they break the law by actually pirating the material or use it to play back ups of purchased titles.
     
  4. GoCubsGo thread starter macrumors Nehalem

    GoCubsGo

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    #4
    That is exactly my thought. I had a modded PS1 and frankly I know what I used it for. However, if I ever had gotten into the Japanese games (which my nephew did) then a modded console is key.
     
  5. stridemat Moderator

    stridemat

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    #5
    modding consoles hazardous to health - lol
     
  6. pelicanflip macrumors 6502a

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    #6
    Absolute bs.

    They're just trying to prosecute him as an example. What a joke. I've got a mod chip for my nintendos ds, and all's well.
     
  7. yg17 macrumors G5

    yg17

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    #7
    What a crock. There were so many students at my college who would mod consoles for a few bucks or a case of beer.
     
  8. Dagless macrumors Core

    Dagless

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    #8
    No you can request replacement discs by sending the broke original for (here) £10. And besides what happened to taking care of things? If I drop my iPod and it breaks I don't expect to get another one free. You can easily keep games in wallets, the original cases, individual sleevs or spools. If your console scratches them complain to the manufacturer and you'll get a replacement.

    But yea to the topic; rightly so too. People used to mod consoles to act as media centres - so all the manufacturers took steps to make their current systems as media centres/streaming devices too. There isn't much reason to mod a console now other than to play pirated software. Infact all systems (except the Wii) allow you to play imported games too.

    How is it breaking OSX's EULA here gets you cast down into the darkest pits but if you want to break another EULA, such as Windows, the agreement you accept when running these consoles or the software on them is acceptable. Funny that.
     
  9. killerrobot macrumors 68020

    killerrobot

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    #9
    Xbox Live Terms says you can´t modify the system. But you don´t have to have a live membership to play games on the Xbox.

    So I´m not sure how they could charge him for modifying the consoles unless he was playing pirated games online to make sure his mod worked.

    And if that´s the case, then he deserves to be busted.
     
  10. Rodimus Prime macrumors G4

    Rodimus Prime

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    #10
    Problem here when you have dozen of those game counsel that he is moding for money it become clear is profiting off pirating.

    Now if he was not making any money off doing it they would not have a case but here I think they have a case. Hard to buy that many people would truly mod a system to play backed up games. Even the "backup" argument is weak for people who mod their systems.
     
  11. Quartz Extreme macrumors regular

    Quartz Extreme

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    #11
    Last time I checked: Xbox Live terms ≠ the Law
     
  12. tabasco70 macrumors 6502

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    #12

    Does this mean he simply modded the machines? Or are they prosecuting him because he was actually playing pirated video games?

    I agree that they're doing this to one individual to create an example, in an attempt to prevent/scare others.
     
  13. LizKat macrumors 68040

    LizKat

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  14. NT1440 macrumors G4

    NT1440

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    #14
    LOL at the underlined. The 360 was notorious for scratching discs, I never managed to get any of mine replaced for a fee or otherwise.
     
  15. yg17 macrumors G5

    yg17

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    #15
    Games can also be stolen. And, I don't believe you can get replacements in the US, you just have to buy a new copy.

    And if there was a machine that could let me copy my iPod and have a backup iPod for free, you're damn right I'd copy it to have a backup.
     
  16. jav6454 macrumors P6

    jav6454

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    #16
    This bit had me literally rolling on the floor of laughter. If I want to make a mod, I'll make it to my property. If I want to help other modify their for a small fee I can also do that. What others do (piracy) is not my concern since I know I do not pirate games.

    Is like pinning a murder on a gun seller because he sold the murder weapon to the murderer.
     
  17. killerrobot macrumors 68020

    killerrobot

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    #17
    Oh we don't live in the US of XBL?

    Don't get me wrong - I'm definitely no fan of EULAs. But if you break the EULA, so far US courts have sided with the corps. that created the use terms, not the individual. So in a way, Xbox Live terms = the Law.

    If it is a game produced by MS and damaged you can send in the damaged disk get a free replacement as long as the Xbox is sold in authorized retailers in your country.

    http://support.xbox.com/support/en/...ames/discreplacement/DiscReplacementPlan.aspx
     
  18. Dagless macrumors Core

    Dagless

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    #18
    Our 360 scratched 3 games, complained to Microsoft who sent us 3 new games and a month of XBL. A friend had at least 2 games scratched but didn't want replacements and was sent a new Xbox controller and a month of XBL.
    Many publishers and at least all the major ones, offer replacements here. But that said games do cost a lot more. £50-70 (for Modern Warfare 2) for a retail console game, I believe it's a lot cheaper in the US.
     
  19. yg17 macrumors G5

    yg17

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    #19
    Courts have sided with the corps when people broke clauses in the EULA that also broke law, such as piracy/copyright infringement. If the Xbox EULA says that you're not allowed to play on XBL unless you stand on your head while reciting the script of a laptop hunters commercial in Klingon backwards, and you don't do that, they can't take you to court (well, they could certainly try). MS could ban you from XBL and that would be well within their right, but you would not be breaking any law and wouldn't face any legal consequences.

    So if you mod your 360, Microsoft can ban you from XBL. It's their service, and they have every right to do so. But until you use the mod chip to do something illegal, it should not be a legal issue.
     
  20. jzuena macrumors 6502a

    jzuena

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    #20
    US courts have sided with corporations seeking civil damages (money), not criminal sentences (jail time). The article specifically sites penalties of 5 years jail time for each infraction which would be criminal sentences, and only criminal sentences are given for violations of law.

    edit: yeah, what yg17 said!
     
  21. killerrobot macrumors 68020

    killerrobot

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    #21
    My first post...

    It's also interesting that it was the ESA that tipped the authorities, not XBL (although I'm sure they passed info along), so it does seem that it has more to do with pirating games than modding the xbox.
     
  22. rhsgolfer33 macrumors 6502a

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    #22
    Not really, its more like the Xbox Live terms are a contract that you agree to follow by using the game/console/service, if you breach that contract the non-breaching party is allowed to seek a remedy. In this case they just boot you from Xbox Live since it would be way too difficult, costly, and pointless to pursue legal action against everyone for breaching the contract.

    That isn't the issue in this case. The Digital Millennium Copyright Act (DMCA) made it illegal to circumvent certain copyright protection systems.

    Additionally, he likely violated the part of the code that prohibits distribution of tools that enable a user to circumvent access controls that protect a copyright holder:

    There are criminal and civil penalties for circumvention under the DMCA.
     

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