Slashdot Mirror
Man Jailed for Selling Modchips
JoeCotellese writes "The Register is reporting that the man accused of selling Mod chips for the X-Box was sentenced to five months imprisonment and a $28,500 fine." Yet another sad abuse of the DMCA.
← Back to Stories (view on slashdot.org)
The legitimate use is that if I buy something, I do as I please with it. If I want to smash it with a big hammer, or unsolder all components and make a radio with it, it's my money.
"It's too bad that stupidity isn't painful." - Anton LaVey
I agree with all your other points, and believe me, I loathe Dubya as much as you most likely, but the DMCA passed under Clinton's watch, so...
Then again, the economy wasn't in the shitter back then, so who really gave a rat's ass? *looks down at his DeCSS shirt*
Actually, you are probably wrong. The modchip you have installed has a copyrighted bios image on it. Sure, its been modified by the xboxhackers out there, but it still uses code from the xbox development kit, which is copyright microsoft.
So mabey you don't copy games, but your chip still infringes copyright.
The exception to this is the new cromwell bios, which is for running linux, and has been developed from scratch, not using the XDK, but sorry, that bios won't run your media player, or legit games.
Umm, can I submit a response later?
More or less. It is a flash memory chip, similar to the NVRAM on your motherboard. In fact, I hear that is how a lot of people flash them, putting the chips in an older motherboard and flashing them with a BIOS image for the Xbox.
But that is the catch: If this guy was selling just the chips, with nothing programmed on them, then he would have a legitimate defense. If he was selling them programmed with a hax0red BIOS image, it most likely contained Microsoft copyrighted code, which IS a copyright violation. How that falls under the auspices of the DMCA I don't know.
That said, if there was a legitimate BIOS image, mod chips probably would fall under the interoperability clause of the DMCA. IANAL, but you could at least defend it that way, with all the homebrew software out there.
The DOJ posted their press release about this case on the seized isonews.com website.
"I'm The Bounty Bear. I will find him anywhere. I'm searching."
Man Jailed for Selling XBox Bios Software
Not all mod chips are illegal. That one was though since they took MS code, modified it, and resold it.
"He copied the MS Bios code, modified it, and sold it."
Fair enough, but how is that a criminal act exactly? Why is this guy in jail? He is certainly infringing on intellectual property rights and can be sued for damages in CIVIL courts. I'm not entirely sure this is a criminal activity at all. Should he have to pay damages to MS? Certainly, but he should not be fined nor should he be in jail.
The problem with most mod-chips is that they usually contain MS's copyrighted code - and therefore violate copyright law pretty much wherever they're sold. Only way around this currently is to sell them blank with the capability for the end user to load on whatever code we wants using his computer (e.g. Xecuter Pro) or sell them with an Open source Bios installed (e.g. Cromwell). The problem with the later is that it's currently pretty fiddly to swap it for the one you most probably want on your mod chip.
The DMCA is so blunt, it could still be used in that case, because the modchip seller could be charged as the "hyperlink" assisting in the copyright infrigement.
Same way the wake student at princeton is getting charged for providing the service that allows people to pirate, even if there are good things involved, same with modchips, the fact is they "can" be used to pirate and the DMCA protects that.
This shows how bad the law is and that it should be fought.
Posting useless rant since 2003.
He was selling the Enigmah chip. It includes a hacked version of the XBox BIOS, unlike most which come blank.
Most Xbox-modchips comes with a hacked version of the Microsoft BIOS. The Enigmah is the exception because it only contains the positions of the original BIOS to patch, and does that on-the-fly.
The Enigmah has been considered to be the legal modchip, together with the blank ones (XII Pro, OpenXbox)
it's in my head
Sticking feathers up your butt does not make you a chicken - Tyler Durden
the DMCA passed under Clinton's watch
Clinton still could not have prevented the DMCA from becoming law because it passed both houses by "unanimous consent", that is, a voice vote. A voice vote implies at least 80.1 percent support for a bill (20 percent of a house can force a full roll-call vote in that house); only 66.7 percent is needed to override the President's veto.
Will I retire or break 10K?
The original purpose of prisons, in English common law at least, was to hold people being sent off to the Penal Colonies, such as Austrailia, whilst they waited for a ship. It all went down hill from there.
In ye olden days, if you were judged unfit for society, you were executed. Otherwise, you took your lashes, or your public humiliation in the stocks, or whatever, and went on with your life.
Actually, the idea of 'incarceration as punishment' was mainly, I believe, saved for the nobility; they couldn't be executed, generally, for a variety of reasons, so 'house arrest' or being sent somewhere like the Tower of London was the answer.
Of course, as Elizabeth Bathory will attest, they often didn't do half measures there, either; I believe she lasted 9 years bricked into a closet, with but a small slot for passing her food and drink.
Vintage computer games and RPG books available. Email me if you're interested.