Linked by Thom Holwerda on Fri 26th Nov 2010 22:51 UTC
Legal "A California man charged with violating the DMCA by installing mod chips in Xbox 360 consoles won't be allowed to claim 'fair use' at his scheduled jury trial next week, a federal judge ruled Tuesday - a decision potentially devastating to the defense, and not particularly favorable to anyone who thinks they have the right to tinker with hardware that they've bought and paid for."
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RE[4]: Fake Judge
by hollovoid on Sat 27th Nov 2010 06:35 UTC in reply to "RE[3]: Fake Judge"
hollovoid
Member since:
2005-09-21

So aftermarket car modifiers, kitchen remodelers and tailors can't entertain customers who want to alter the original product?


All they are worried about stopping is illegal copies of games. Which no matter what people say, is most of the reason consoles are modified. I dont have the statistics, but ive been around enough xbox owners to know they didnt mod just to stick it to the man, they did it to not pay for games. and for some emulations of games they also did not pay for.

Reply Parent Score: 3

RE[5]: Fake Judge
by Hypnos on Sat 27th Nov 2010 06:49 in reply to "RE[4]: Fake Judge"
Hypnos Member since:
2008-11-19

So certain legitimate activities should be illegal if they make it easier to commit other illegal activities?

If so, that's an extremely weak argument, because almost any activity/tool useful to law-abiding folks is also useful to lawbreakers: kitchen tools, vehicles, cash, encryption, etc. etc.

Reply Parent Score: 3

RE[6]: Fake Judge
by nt_jerkface on Sat 27th Nov 2010 21:04 in reply to "RE[5]: Fake Judge"
nt_jerkface Member since:
2009-08-26

So certain legitimate activities should be illegal if they make it easier to commit other illegal activities?



Guns are regulated US because less than .01% of the people that buy them use them for criminal offense. In most countries they are banned entirely.

In the case of modding the vast majority of use is for criminal offense. But that is really a separate issue since in this case he was doing more than modifying his own console.

The guy in the story made a business out of providing a modding service to help others run pirated games. That goes beyond fair use. If he had just modded his console for private use he never would have been arrested.

They probably have him on video or audio instructing the undercover officer on how to run pirated software.

Don't make a hero out of this guy. He's just some student who didn't want to work a normal job while in school and went the piracy route.

Reply Parent Score: 3

RE[5]: Fake Judge
by looncraz on Sat 27th Nov 2010 15:48 in reply to "RE[4]: Fake Judge"
looncraz Member since:
2005-07-24

So... if I mod the ECU in my truck to remove the 100 mph governor... that is illegal.. since I will obviously be doing it so I can speed?

Interesting...

Reply Parent Score: 2

RE[6]: Fake Judge
by n4cer on Sat 27th Nov 2010 17:42 in reply to "RE[5]: Fake Judge"
n4cer Member since:
2005-07-06

So... if I mod the ECU in my truck to remove the 100 mph governor... that is illegal.. since I will obviously be doing it so I can speed?

Interesting...


A better analogy might be that in providing the ECU mod service to bypass the governor, you also bypassed the emissions controls, making it illegal to operate the vehicle.

Reply Parent Score: 2

RE[5]: Fake Judge
by UltraZelda64 on Sun 28th Nov 2010 17:58 in reply to "RE[4]: Fake Judge"
UltraZelda64 Member since:
2006-12-05

All they are worried about stopping is illegal copies of games. Which no matter what people say, is most of the reason consoles are modified.

If that's the reason for modding something--playing illegal copies of something--then they need to go back to putting a basic AM/FM radio in cars and ban all fancy aftermarket car CD/MP3 players. After all, they'll all play burned CDs with no problem, and it's obvious how easy (and frequently done) it is to illegally obtain MP3s and then burn them to a CD.

In fact, while we're at it, why not ban all sales of writable/rewritable drives and media, and further, all hard drives, solid state drives, USB flash memory devices, and any other type of data storage?

Oh, and let's kill off all humans, as we all have memory and are are able to speak--can't sing the lyrics to your favorite song in public now or put a few of your favorite lyrics as your signature on a forum, that's copyright infringement! Killing all humans would also have the direct benefit of eradicating all stupidity and greed from the world.

Better ban pens and pencils because you can poke people's eyes out, scissors and garden pruners because you can stab people and cut their limbs off, kitchen knives and pocket knives because you can stab people to death, and permanent markers, white-out, and fuels because sniffing it can get you high. Oh, and the fun an axe could provide if in the hands of the wrong person...

Edited 2010-11-28 18:13 UTC

Reply Parent Score: 3

RE[6]: Fake Judge
by vodoomoth on Tue 30th Nov 2010 15:54 in reply to "RE[5]: Fake Judge"
vodoomoth Member since:
2010-03-30

Oh, and the fun an axe could provide if in the hands of the wrong person...

This was hilarious.

Reply Parent Score: 2