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ESA Initiates Police Raid Against Console Modder
Donkey Konga writes "A San Diego man was arrested after a raid turned up over a thousand counterfeit games, modded consoles and mod chips. Frederick Brown 'had allegedly built up a thriving business selling counterfeit games and installing mod chips, having advertised his services on Craigslist and other web sites. He allegedly sold pirated games from his Vista, CA residence as well, including both discs and hard drives preloaded with games that he would install into customers' Xboxes and Xbox 360s.' After the ESA learned of his activities, they contacted San Diego law enforcement and the San Diego Computer and Technology Crime High-Tech Response Unit led the raid on his home. '"CATCH was very receptive to the evidence we brought them and were able to put the investigation together in very short order," ESA VP Ric Hirsch told Ars.' Brown now faces 10 felony counts related to selling pirated games and modding consoles."
You can live inside an operating system? Now that's virtualisation. It must be hell.
I understand the pirated games part, but how can he possibly be charged with anything about modding consoles? Sure, the console manufacturer doesn't want you to do it, and (in the case of the Xbox 360) they'll go to great lengths to prevent you from doing it (that's their "right"). They can't make it illegal though, can they? That's just stupid.
If he's selling pirated stuff, that's one matter but why should it be illegal to modify your console? If somebody wants to copy their own personal copy of a game onto their hard drive, that should fall under fair use (note I said should, not does). The headline makes it sound like modding consoles is all he's guilty of.
Taking guns away from the 99% gives the 1% 100% of the power.
In typical /. fashion, headline is designed to get people impassioned about a poor console modder. A fairer headline would be "ESA Initiates Police Raid Against Games Counterfeiter." Yes, it says that in the summary but how many around here even RTFS nevermind RTFA?
I've got a fever and the only prescription is more COBOL.
...advertised his services on Craigslist and other web sites.
Why don't you just go ahead and put a sign on you lawn proclaiming your ill-goten warez? I'm all for Mod-chips (for import gaming) and pirating games off BitTorrent (if a game is hard to find), but when you make a business out of it, then you've just crossed the line.
Will take note of this, and start raiding Autozone. Although on the plus side, if they started going after modders, there would be fewer cars with really unnecessary spoilers...
I understand that this guy was also selling unauthorized copies of games and HDDs preloaded with games, and he should have to face penalties for that, but why should I be disallowed to by a mod chip simply because I "could" pirate games with it? Should I be disallowed from buying a computer simply because I could copy music, games, or applications with it? I have two Xboxes in my house that are modded, but only so I can use them as media centers and to let me and my daugter play games we own without risking damage to the original DVDs.
The DMCA sucks nuts.
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"You door is about to be kicked in, Cancel or Allow?"
I might be reading a little too much into the summary, but can you run 360 games from the hard drive now? I haven't really been following the XBox 360 mod "scene", but that was one of my favourite things about my modded XBox. It's incredibly convenient.
This poo is cold.
Have to nip these little hooligans in the bud! One day they're modding consoles, the next they're building suicide vests for bombers. It's a slippery slope, I tell you!
Kwisatz Haderach
Sell the spice to CHOAM
This Mahdi took Shaddam's Throne
In my little college town, there was a guy who owned his own small business, doing mostly PC repairs / upgrades. He acquired a reputation in my geeky-friend circle as being a little shady and a lot overpriced.
Apparently he also started modding XBoxes on the side. I met a neighbor that had one that he'd worked on, and as a result of the mod you'd get an extra splash screen when booting your XBox. I'm futzing the details, but the splash screen said something like this:
This console modded by Bob's Smalltown PC Shop!
I'll mod your console too for $35!
Contact me at 1234 Main St, (999)-999-9999.
I was dumbfounded that he'd leave such evidence on something that he had to have known was illegal. It made me want to buy one and forward it to Microsoft just for spite, because it seemed a tragic injustice that someone could do something so stupid and never have to deal with the results.
I never got around to it, though, because then he skipped town without paying the last X weeks of back wages to his employees. As far as I know no-one ever found him, but I didn't pay much attention after the first bit of news.
You are awash in a sea of fiercely stated opinions. Obvious exits are: 'File->Quit', 'Reply', and 'Page Down'.
And guns are meant to shoot tin cans, cardboard targets, and deer, nudge nudge, wink wink, know what I mean?
I suffer from attention surplus disorder.
The only things I've ever shot with my guns have been plastic bottles, aluminum cans, and rocks (at enough of a distance, you get to see the puff of rock chips and crap through the scope.) And the only things I've shot with my bow have been cardboard boxes, although I did shoot at a turkey once (fuckers like to fly into the garden and chew on things.)
I performed a softmod on my Xbox, and while I do use it to play emulated cart console games (16 bit and older) the manufacturers of those systems and games cannot realize revenue from them while they aren't selling them anyway. To the best of my knowledge I am not playing any games in this way that are available on any legitimate virtual console or even games collection - many of which I already own.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
No, it's not possible to run unsigned code or homebrew on the 360. It hasn't been, and probably won't ever be possible until we can find a way to break the keys, or the dependence on the cryptographic keys contained within the 360. Pretty much all that the mods are doing is spoofing the PFI (Physical Format Information), DMI (Disc Manufacturer Information, SS (Stealth Sectors), and video.iso (a short video) to the original information that's offset to a different spot on the disc. In layman's terms, it pretends that you're running a storebought xbox360dvd with all of its original disc information (ie: disc stamped in kanagawa, japan) while in fact you are running a verbatim dvd9.
I thought it was only illegal to distribute or sell it. I thought I was free to develop anything I want. In any case its moot, because you can show a list of legitimate uses for modded equipment.
the mod chip doesn't undermine copy protection, the firmware on the modchip does. On the Xbox, at least, you can install different firmwares that enable you to do different things. I do not believe that all firmwares are illegal, like the Cromwell bios from the Xbox Linux project. So, I would argue that a modchip with this 100% legal bios would be 100% legal.
I have. I see consoles regularly modded to remove region-lockouts so the owner can play his legally-purchased Japanese-only releases of video games.
The now-defunct Dreamcast is a prime example of this sort of modchipping. It would be worlds easier to simply burn a rip of the GD-ROM onto a self-booting CD-ROM. (Yeah, piracy is pretty gosh-durn easy on that platform.) Yet quite a few people I know make the effort to use a special bootdisk to load the game (works about 90% of the time), mod their console to remove the region lockouts (works 100% AFAIK), or import a foreign console to play the game (which requires a TV converter and everything!).
So there are quite a few honest modchippers. Personally, I can't see screwing up a perfectly good console just to play a few extra games, but then I'm not really a hardcore gamer.
Javascript + Nintendo DSi = DSiCade
I'm not defending this guy, but I don't think you're paying more because of guys like this. Games sell for what they can get. The price isn't, say, $59.95 (or whatever) because it's the result of some complex cost analysis, but rather because that's what they've found people are willing to pay.
The other possibility is that there would be more games available. That's a lot less clear, but I doubt the small percentage of people with modded boxes would have otherwise spent enough money to make that difference.
That depends on whether he is being charged for the modding. If not, then you are 100% right.
(And it also depends on whether the modding had anything to do with initiating the investigation. If the investigation was begun only over piracy of the games that's one thing. But if they began the investigation *because* he's a modder, and then happened to find game piracy in the process, that's another thing.)
I didn't RTFA enough to know whether he's been charged for the modding.
No, I think I could pirate games because they are piratable.
I think that it is okay if I do so if I am not depriving the copyright holders of revenue.
I do not think that is what the law says, but the law says a whole lot of things which are just fucking stupid in order to protect the profits of a privileged class which does not have to follow the law. For example, Marijuana is kept illegal because of the [wood] paper, plastics, and some other industries. But the timber industry is legendary for its clever evasions of the law, and various plastics companies have always been among the grosser defilers of our planet. It's also intended to protect the corn biofuels industry (lots of pork there, kickbacks, etc) and the fossil fuels industry, which is the biggest price-fixing cartel on the planet, let alone in the country.
I do not respect laws that exist only to criminalize people so that they can be controlled, or those which are there to protect those who do not respect our laws, either. Why should they receive the protection of the law from us when we do not from them?
Call it an excuse, call it whatever you like, I don't give a damn. I'm not one of your typical herd animals that will give a shit what you think anyway.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
Well, yeah. The purpose of copyright is make more works available. It's a temporary monopoly granted by the public. If a work is instead not available then that monopoly should also not be available.
I realize this is notion not in accord with current copyright law. I also think copyright law has ceased being for the benefit of the people. If a law is not good for the populace it ought to be changed.
So guns that have both legitimate uses (target practice) and illegal uses (murder) are allowed, yet modchips that have both legitimate uses (homebrew) and illegal uses (copyright infringement) are banned?
That was my point.
I suffer from attention surplus disorder.
Well, assuming I had either which I don't, I really would either stop playing or I'd buy it. The whole point of putting old titles up for sale is that you put them up cheap so that people don't have to pirate them. I'm more than willing to spend the few bucks.
I also hunt for the greats at flea markets, and actually own carts for some of the games I play. I'm looking for more, but many of them don't exist.
I would even be willing to pay for the games on a system I don't even use and then play them on a system I do.
Now with all of that said, I would not accept the games' presence where I can not use a modded console to play it. I can not use Xbox Live; I have modded my console! So if Microsoft would even deliver those games to me on the traditional Xbox, I would still be explicitly prevented from using Live, and thus I would be prevented from buying the game. In a situation like this, I do not feel compelled to find some way around their restrictions; they obviously don't want my money.
The really sad thing is that all these game companies could trivially see actual revenues from the ROM scene. Here's how: Just sell licenses to play the games in emulation. Send the purchaser a paper certificate they can staple to their printed-out receipt. You don't even have to give them a ROM image! All you are selling them is an additional license to use something they already have. You're not supplying it, so in most states you won't have to offer any warranty protection. And you simply don't sell it in those states in which you would have to; it's a small part of your market, and those who really want them can get someone in another state to buy it on their behalf, or they can do it while they're in another state. Users can get the ROM images from various websites; and you can start an affiliate program so that those websites are motivated to push your license product. The total cost for implementing such a thing would be minimal; the biggest cost is probably paying your legal department to dick you around and tell you all the reasons you shouldn't do it for a while.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
Where I live in Edmonton Canada you can get mod chips at a local asian supermarket. Just thought I'd throw that out there.
-Xoltri
Correct... and I'm sure the mod chips seized had Cromwell's bios on it.
But...lets look at how mod chips are used. While I'm sure there is a very very very small market for playing Japanese games on a NA console), I believe that the vast majority of mod-chips are used for illegal purposes.
You are awash in a sea of fiercely stated opinions. Obvious exits are: 'File->Quit', 'Reply', and 'Page Down'.
I don't think it would matter. Copyright infringement is copyright infringement. It doesn't require you to go after people to keep your copyright, and unlike technology the fact that there is substantial non-infringing use (or potential for same) doesn't mean diddly.
The most plausible explanation to my mind is that they anticipate a non-zero cost for sorting out who owns what IP and has license to distribute for what purposes.
Frankly it wouldn't be hard to offer the rom dump download, the very largest rom sets are what, 64MB or something, pre-compression? Charge per-megabyte in addition to per-title to defray your bandwidth costs, and you've dealt with the bulk of the problems. a ROM dump for every console game for every system 16 bit and older will fit on a relatively small hard disk (tiny by modern standards.) So the download server isn't going to have to be a monster or anything.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
What about abandonware
Since the games isn't in production, sold, nor updated after 3 years it is considered abandoned
10 felony counts related to selling pirated games and modding consoles."
Yeah, but will it earn him the respect of rapists and murderers who might only have four or five felony counts.
you're sure they had the Cromwell bios on them or you assume they had the Cromwell bios on them or are you attempting sarcasm?
... most of us aussies continue to time/format shift media, and circumvent copy protection devices schemes that we dont like. Or get a friend/relative to do so if we lack the skills ourselves.
I'd heard that our law enforcement agencies dont have the resources to police petty 'civil' crimes like these often, in preference to higher priority criminal crimes.
See my art -> http://herbevore.deviantart.com
Yes, modchips could be used for some legitimate, non-piracy purpose, like homebrew. But so far, I haven't seen it in real life.
For the record, I use my unmodded PS2 with a hard disk installed to run homebrew and backups of my own games (without having to take the discs out anymore). MyPS2 is pretty cool, there's a program that lets you listen to Internet radio with your PS2 while browsing photos over samba. It'll view movies over Samba shares or off the hard drive or USB stick as well. There's also a couple emulators like the one I have that lets you play old SNES ROMs -- I got to show my daughter what Super Mario 3 looked like.
- Michael T. Babcock (Yes, I blog)
Anyone here thinks they'd have been after that guy if he just modded consoles? He advertised game copies publically, that was what led to the raid.
Use a little common sense. Ok, it ain't that common but I'd assume it is here.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Maybe I'm getting too old, but the last time I checked somebody like this is called a bootlegger.
"ESA Initiates Police Raid Against Games Bootlegger"
And then everybody would have gotten the correct mental image of a guy who was copying and selling copied video games.
'nuff said.
You seem to misunderstand how this works - for you to even show up in court you'll want a lawyer unless you're truly suicidal. Figure a couple grand retainer for starters. Then they will do all sorts of crap to tangle you in red tape, the judge likely won't have a clue as to what's going on, and he will also not understand the difference between a mod chip used for regions and something for pirating. They will claim it's for pirating, you will be the bad guy saying it's not, you will have to dig out of that hole - expert witnesses aren't free either BTW. My lawyer tells me that if I hire a Dr. for my case to testify they will simply hire two and claim I'm full of crap - the Dr. win or lose will want on the order of $5K for showing up. Is it getting clearer yet? The big bad media company says you're bad, you must prove otherwise because they will be believed and have hordes of folks lined up to testify about how you've done who knows what and it cost them cash. Geeks understand the tech stuff, juries and judges have NO clue. Do you think a tech savvy person would get past jury selection? LOL!
When done you might manage to win, maybe, or maybe after a few months they will drop it - maybe. When it's all done, win or lose or drop, the lawyer hands you his bill - YOU pay it not them. This is called losing when you've won and depending upon how expensive the lawyer was you could be looking at a second mortgage - seriously.... Welcome to our legal system!
Oh,this is civil court, forget a court appointed anything. If you're lucky the EFF will have taken up your cause but they cannot help everyone - this is why I give them cash every year. you should too!
This is how the RIAA manages to hand threats to people that amount to extortion. Pay them multiple grand and sign something promising to never do it again or take your chances in court where losing could cost you a bazillion and winning is sure to cost you more than they originally offered to let you go with.
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