Taking Aim At The Mod Squads

Cutriss writes "CNN's usually dry and uninspired reporting was interrupted today by this interesting and rather well-informed piece by Eric Hellweg from the Technical Investor section. It compares and contrasts efforts from various companies in squashing/supporting the hobbyist community. It's rather well-timed, considering recent events."

Comments

Rather wrong headed, in spots

[unicorn]

With regards to Microsoft, he's comparing selling a legitimate product, that was created using tools that were opened by the developer. To selling a chip, that likely uses copyrighted code in the chip, that's primarily designed to allow pirating of games for the Xbox.

Re:Rather wrong headed, in spots

[stwrtpj]

With regards to Microsoft, he's comparing selling a legitimate product, that was created using tools that were opened by the developer. To selling a chip, that likely uses copyrighted code in the chip, that's primarily designed to allow pirating of games for the Xbox. [Emphasis mine]

Prove it.

Prove to me that X-Box modchips were created primarily to play pirated games. I don't think you can. Certainly, I am not so naive as to think that this would not be a purpose that one might put the modchip too. But then again, people used to use the VCR to rip off pre-recorded movies, and a judge has long since decided that the VCR's primary purpose was not to make illegal copies of movies. The mere fact that it could do it is not enough.

Most hobbyists do not look at modchips and say "hey, I could play lots of ripped games and not pay a cent with this". They look at them and say "hey, look at the amazing things I can make this box do with this modchip!"

A great deal of hackery in software and hobbyist-ing (?) in hardware is motivated by the coolness factor. It's cool to pick apart something and learn how it works. I know that's what motivates me. On the rare occassion that I run proprietary software on my Linux machine, if something goes wrong with it, my first reaction is not just simply to contact customer support, but to whip out strace and similar tools and try to track down the source of the problem myself. An argument could be made that I'm violating the DMCA in doing this, since this is a form of reverse-engineering. I don't care, because I know I'm not trying to gain knowledge for illicit purposes. I just want to know how the damn thing works for my own purposes.

So I would say that there is really no way to make a blanket statement about the purpose of modchips.

Re:Rather wrong headed, in spots

[Anonvmous Coward]

"Prove to me that X-Box modchips were created primarily to play pirated games."

M.A.M.E.? Let's face facts: There's yet to be any constructive reason to run MOD on an XBOX for anything other than MAME. It's either an under-utilized PC, or it's an over-priced MP3 player. But MAME, though, is a nice little fit for the XBOX.

It is, illegal (technically) to download ROMS and play them with MAME unless you have a license to do so.

Disclaimer: I am playing Devil's Advocate. Don't flame me over my response, I'm just answering the guy's question. It is very obvious that mod chips could and would be used for piracy. Instead, he should be asking 'In what ways could the mod chip be used legally, and why would people flock to them?'

He's going to lose the "how's it illegal?" qusetion, but when the modders have enough reason to say "here's a legit reason to do it", then the piracy argument is dissolved.

You all remember Jack Valenti and his 'VCRS will destroy the broadcast industry' FUD? The key reason that VCRs were deteremined to be legal was because there was enough legitimate reason to justify their existence. The MPAA was worried that people'd trade pirated movies back and forth, but the court said "as long as a significant chunk of them are using it to time-shift TV shows, then it is not a piracy device."

See my point? Ask how it's illegal and all kinds of not-so-relevant reasons (like my MAME one) will pop up and they'll be believed. Ask what can be done with the modded XBOX that doesn't involve piracy, and you've got a case.

Note to XBOX modders: Find something CONSTRUCTIVE to do with the XBOX. Turn it into a webserver. Turn it into Lightwave rendering node. Turn it into a development kit where garage developers can create games. Do something besides get MAME running on it! You're only hurting yourselves.

A bit of bias, but overall good

[pla]

I think people need to keep in mind how much publicity their mods generate, and whether they benefit or detract from the original product FROM THE POINT OF VIEW of the manufacturer.

With the Aibo, clearly Sony screwed up big-time. Making the thing dance didn't harm them in any way, earned them *tons* of free, POSITIVE publicity (until they tried to squash it), and actually made their product in some way "better".

At the opposite end of the spectrum, Microsoft has put themselves in a very awkward position. By not making money on the console itself, anyone who buys it *only* to run Linux on costs them money. At the same time, having a vested interest in a particular OS (ie, Windows), seeing it used specifically to run what arguably counts as their biggest competition *really* galls them. OTOH, I see no valid reason why consumers should lack the right to do whatever they want with an XBox. While they can license the *media*, can they actually say the purchaser doesn't own the hardware itself? Tricky.

Hmm, okay, I guess I didn't have as much to say on this as I thought. Basically, I fully support modders, and just suggest that, if it will obviously piss off the company involved (ie, the XBox Linux effort), try to keep it quiet.

Mods Completely In Line with World Use

[mugnyte]

Gutting devices and mod'ing them is a part of life and innovation. Once you own an appliance, you own the guts too. Trying to stop the flow of Information That Wants To Be Free is niave.

Are we going to end up with a set of categories for appliances? Can Mod / Cannot Mod? Will I have to pay more for a dryer I want to hack to cook clothes for an extra 60 minutes? For an Xbox that I want to re-chip to play any copy from any source?

Hot rod your car; cut the annoying ringer out of the extra phone in the study; rip a few choice capacitors out of the TV (they make great joy-buzzers), etc.

I relaly don't see how this could be stopped. Stopping the info flow is silly, but thats all they can do.

Re:Let's mod Eric Hellweg's article

[medeii]

I wonder how Eric would like it if someone "modded" his article to change the conclusion and then posted it on their website?

He might not like it, but that doesn't mean he has the right to do anything about it. Unless, of course, fair use is suddenly not inclusive of commentary?

Of course, if the person neglected to properly attribute the article, then that would be copyright infringement. But that wasn't specified, so let's not beat that horse.

I actually agree with his point that encouraging a customizing fan club can be a good thing. However, we have to allow IP creators to be able to control what people are allowed to do with their IP, and definitely whether others are allowed to pirate it.

This isn't necessarily piracy. The mod chips may contain legitimately reverse-engineered code; they may contain pirated code; or they may not contain any similar code at all. Until there's a definitive answer to why Lik-Sang was taken down, don't presume that it was legal or illegal.

And no, we don't have to let IP creators control everything that happens to their work. I personally like quoting others' forum posts so that I can reply to them more accurately -- which is a very legal 'infringement' of copyright. Just because Microsoft doesn't like mod chips doesn't mean they have a legal right to shut down an operation, and until we know exactly what went on, speculating on the cause is a waste of time and bandwidth.

Customer vs. Consumer

[PineHall]

Unfortunately it seems that many companies have abandoned the maxim that the customer is always right. Ultimately, on this issue, these firms will find out that they've been dead wrong.

Those that limit the customer rights are those that call the customer a consumer. They think of the customer as consuming their product, not purchasing it, but that is not the way the customer views it. I see the entertainment industry trying to limit "consumption" to individual times so they can make more money. Unfortunately they will discover that their customer thinks differently and they will have to scramble to save their business.

Can't believe he didn't mention Tivo...

[no_such_user]

Tivo should have been mentioned in this article. It's quite a give and take situation between Tivo, Inc. and the tivo-hacker community. On one hand, they didn't object to an ethernet card being un-officially added to the unit so that users could bypass the daily dialup. In fact, they started officially supporting the hack in the newer (3.0) versions of the software.

Yet at the same time, they strictly prohibit mpeg streams being extracted off the hard drive. Popular opinion has it that one or more established Tivo hackers have the ability to cleanly extract data, but Tivo threatened that they'd stop being hacker-friendly if the code was ever released.

There are a couple of small groups out there currently trying to extract data from the Tivo, but it's not an easy, 100% reliable procedure.