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Modchip Designer Taunts Microsoft

Thanks to Polygon for posting a follow-up to the article we ran about Australian Xbox modchip designers releasing their schematics to the public. They have a story quoting AussieChip creator Grant Sparks as subsequently saying "It would be a little disappointing if [Microsoft] couldn't sue me. You see, I'm quite happy for them to take us to court, I just want to see it happen under conditions where we win. In order for them to argue they have not agreed to the download conditions, they would have to acknowledge that click-through legal agreements are not valid - which is something that I think would be very funny to see Microsoft doing. There are many other reasons why people want to use a modchip, and only one of them is directly illegal. I'd be happy to stand up and explain that in court."

11 of 56 comments (clear)

  1. I'm just waiting by toddhunter · · Score: 3, Insightful

    For a new contender to come into the console market. One that plays burnt disks out of the box, has an MP3 player, plays DVD's and burnt games.
    Would they just lose all their money to piracy? I doubt it very much. It would be rampant, but the popularity of the machine would far out-weigh this.
    Imagine if Microsoft allowed you to do all the things people are modding it for by default. I would buy one today.

    1. Re:I'm just waiting by toddhunter · · Score: 4, Insightful

      Exactly, and an xbox is just a computer with the freedom sucked out of it. The computer of the future if you like.
      But even though a computer can do all those things, it's not the same as sitting on your couch and being able to relax properly whilst you do them. Give me that and I'll be happy.

    2. Re:I'm just waiting by mcdrewski42 · · Score: 2, Insightful

      And when you take your brilliant new contender to games developers, make sure you wear really thick pants.

      You'll need the pants to take the hit of the door in your arse on the way out.

      Sorry bud, but there's a lot more to marketing than just Freedom.

      --
      /* affect != effect */ void affect(int *thing,int effect) { *thing += effect; }
  2. Idiot by Anonymous Coward · · Score: 5, Insightful

    This guy is about to get an education in law the painful and expensive way.

    How many examples does it take to pound through some peoples' heads that it doesn't matter if what you're doing is actually logically technically illegal. Corporate lawyers and PR people can convince non-technical judges and jurries that just about anything they don't really understand is illegal.

    They have unlimited budgets, pannels of payed experts, focus groups and statistical research firms.
    You have jack shit.

    1. Re:Idiot by Daetrin · · Score: 4, Insightful

      Wouldn't Microsoft have to challenge them in an Australian court, where they've already been beat at least once before on this issue?

      --
      This Space Intentionally Left Blank
  3. whatever you're smoking, i want some! by larry+bagina · · Score: 3, Insightful
    It would be a little disappointing if [Microsoft] couldn't sue me. You see, I'm quite happy for them to take us to court, I just want to see it happen under conditions where we win. In order for them to argue they have not agreed to the download conditions, they would have to acknowledge that click-through legal agreements are not valid - which is something that I think would be very funny to see Microsoft doing.

    He reminds me of the warez sites that have a "disclaimer" to the effect that feds, police, fbi, etc are prohibited from browsing or downloading. I wonder if they really believe that works.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

    1. Re:whatever you're smoking, i want some! by bobthemonkey13 · · Score: 4, Insightful

      This is much different. Yes, those warez disclaimers are bullshit. That's because they're essentially a licence term ("You will not download this if you're a Fed") imposed by someone (l33t w4rez kiddie) on a work that he is not the copyright owner of (Adobe Photoshop or whatnot). You can't impose terms on intellectual property that you don't own. In this modchip case, the person who made the modchip is imposing terms on his own IP: the design of the modchip that he created. IANAL, but it seems just as legal to say "Feds can't download this software that I made" as it does to say "You can't reverse-engineer this software that I made". Now, in the real world, Microsoft's lawyers will find some technicality and sue the hell out of the poor guy. But, in principle, he's allowed to do this to his own IP.

  4. My thoughts... by RCAMVideogames · · Score: 5, Insightful

    I am a commercial game developer, money I make is through sales of games. I think Linux is dandy, yet I find myself using MS products for obvious reasons. Consoles can't be open for anyone to develop on, for the companies such as MS could not afford to produce them, they would not make any money from licencing. Sadly the issue here is quite different. This is about people pirating games. I am all for Mod-Chips that don't allow people to pirate games, such as the Cromwell Linux bios. This guy is selling ModChips that are being used for illegal purposes, thats the beef I and the rest of the game industry have with it. He is making a few bucks and the industry is losing thousands, not a wonderful trade off. Enough said.

    1. Re:My thoughts... by Anonymous Coward · · Score: 2, Insightful

      While I appreciate your profession, I can't see how you aren't trolling.

      Console's can't be open for anyone to develop on???

      WTF, computers shouldn't open for anyone to develop on either?

      Create something new and entertaining..I mean INNOVATE something new and entertaining and we might all have to rush out and buy it.

      This "Hey, I program for the XBOX and your mod-chips fuck up my life" attitude is bullshit.

  5. Being a Jerk Gets Press - News at 11 by Babbster · · Score: 4, Insightful

    I'd identify a lot more with the guy quoted if he was making an effort to design his modchip so that it CAN'T play pirated games while still retaining the ability to boot Linux and play import games, something I'm sure is possible. As it is, the only reason he's thumping his chest and thumbing his nose at Microsoft is because he has the [probably reasonable] belief that Microsoft can't touch him while he's protected by Australian law. That earns him no more respect from me than would a punk calling me names on the street while hiding behind his buddy, Mike Tyson.

  6. Re:WHAT advantage? by Anonymous Coward · · Score: 1, Insightful

    I know two types of people who own an xbox.

    People who have modded it and love it: they can play emulated games, upgrade the hd, play mp3s, divx movies xbox movies, ftp content from their pc to the xbox.

    People who haven't modded it and hate it: there are too few games for it.

    Create a better box, more people will buy. How popular was the Apple with its tightly controlled applications and limited hardware? How popular was the PC with its loose hardware, nonexistant software controls?