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Federal Agents Raid Homes for Modchips

Lunatrik writes "Invoking the Digital Millennium Copyright Act of 1998, Federal Custom's Agents have raided over 30 homes and businesses looking to confiscate so-called 'mod chips', or other devices that allow the playback of pirated video games. This raises an important question: Are legitimate backup copies of a piece of software you own illegal under the DMCA?"

537 comments

  1. Bogus question. by PipingSnail · · Score: 0

    Why is it an important question? Legitimate backup copies have nothing to do with pirated software.

    1. Re:Bogus question. by erroneus · · Score: 4, Insightful

      It's an important question because that's the motivation for mod chips... so that you can run games on CDs that are not published by an official publisher. This description includes games copied from Blockbuster rentals as well as your own games that are copied for traditionally acceptable use such as "I want my kids to play from the backup because the original is expensive!"

      The DMCA has done much to close that hole in the game-seller's net.

    2. Re:Bogus question. by Bibz · · Score: 2, Insightful

      Well let's say you bought a game and make a copy of it for backup. One day you lose the original so you want to use your legitimate backup, for that you need a mod-chip.
      Your backup is "legal" since you bought the game and made a copy only for yourself, but you need something "illegal" (ie. the mod-chip) to play it.

      Could the use of a Mod-chip only for legitimate backup be legal ? If so how do you tell if it's a legitimate backup ?

      --
      I didn't found something funny to put here.
    3. Re:Bogus question. by djupedal · · Score: 1

      Correct.

      Either a copy is legitimate or it isn't.

      One million and one stories floating around and our friendly glue-sniffing /. editors (?) skim off something like this.

      The feds ran a similar bust back in 2001 or 02, as I recall*. They are tied to coincide with Federal budget announcements and chest-beating by whatever politician needs the publicity at the moment. Give it a few days and the other shoe will drop - you'll see.

      I recall because I'd purchased a mod chip, off the internet, from one of the major suppliers in the USA. I had it shipped to my office in South Korea, but the feds never bothered to look me up. And yes, I'm sad over it :)

    4. Re:Bogus question. by mrjb · · Score: 2, Interesting

      The (somewhat rhetorical) question is, did they raid those homes to find *one* mod chip or whole bunches of them? You don't need to have hundreds of mod chips to play back your own backups, after all. Unless, of course, said mod chip owners want to claim those mod chips were all backups of their *original* mod chip...

      --
      Visit http://ringbreak.dnd.utwente.nl/~mrjb/growingbettersoftware to download your free copy of the book
    5. Re:Bogus question. by dattaway · · Score: 4, Interesting

      I have a modchip on my Nintendo DS. I don't use it to play games. I have NEVER played a game on it. So why do I have it? So I can run Linux on it. I have no interest playing games, but I do have an interest in a unique hardware device. Should the FBI raid my house?

      If they did raid my and drag me into court, I would ask my legal counsel why small portable computers with good battery life is non-existant, while gaming consoles with much more features are. Something is wrong with the market in my opinion. Should it be illegal for me to have the technical possibility of running a rogue game? Should they give me 20 years in FPMITA Prison for it?

    6. Re:Bogus question. by montyzooooma · · Score: 1
      But if you no longer possess the original are you legally allowed to own the backup? If another person found your mislaid original in the street and took it home with him then doesn't he actually have a better legal standing because he possesses the original even if he didn't originally buy it. You, OTOH, with no original would have a harder time defending your right to own the backup.

      Anyway, isn't it the means to circumvent the DMCA they're going after and not the backups.

    7. Re:Bogus question. by Opportunist · · Score: 1

      Is it "more illegal" to own 200 modchips than it is to own one? Are modchips like drugs by now?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    8. Re:Bogus question. by PipingSnail · · Score: 1

      If you've copied them from a rental CD that is not a legitimate copy. You won't destroy that copy when you return the rental will you?

    9. Re:Bogus question. by Anonymous Coward · · Score: 0

      Look on the bright side, we can look for a new and improved DMCA #2 under Billary #2 in 2008!.

    10. Re:Bogus question. by cliffski · · Score: 5, Insightful

      i don't think your question will get any response other than a dismissal as irrelevant. Dissatisfaction with the market does not act as an excuse to break the law. There is nobody stopping you starting our own computer hardware company, and making the device you describe. The people making the device you modded have done so on the assumption that they can sell complimentary products for it (games). We all know this. They designed, financed and made the product, it's up to them to determine the terms under which they offer it for sale. If you do not like the terms, don't buy one. Punish restrictive practices through the market, not by breaking the law.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    11. Re:Bogus question. by MBraynard · · Score: 0, Offtopic

      Wow. Still not modded down for 'too much common sense.' Well said, well said.

    12. Re:Bogus question. by robcfg · · Score: 1

      I find it quite ludicrous. Do you imagine a bunch of FBI agents at your door yelling :"Put your console on the floor! Open it slowly! Oh my God! He's got a modchip!!!!" Anyway games are too expensive. Just doing some calculations, a 60$ game equals 3.75% of my salary. I like to know that the game I'm buying is a good game before buying it.

    13. Re:Bogus question. by beatmania · · Score: 4, Interesting

      The "motivation" for mod chips kind of depends on the person, wouldn't you say?

      I bought a Nintendo Wii on launch day when I was living in Japan, and bought 4 or 5 games for it while I was living there. I just returned to the USA about a week ago, and now I want to buy more games, but I can't, thanks to region locking. The only options I have are 1.) Buy another Wii (not really an option, as I've sunk money into the Virtual Console games), or 2.) Install a modchip. The games I want to play on my Wii are indeed published by an official publisher, just from a different region.

      Does this mean I should be raided / arrested / tried in court?

      I realize that a lot of people who use modchips are only out to copy everything in sight, but hasn't this kind of thing been covered in the past (Sony Corp. of America v. Universal City Studios, Inc.)?

      Bogus question indeed, sirs.

    14. Re:Bogus question. by Yfrwlf · · Score: 1

      No. You should have the freedom to do what you want with your electronics, this is all totally ridiculous, and you definitely shouldn't be declared guilty before proven innocent. The U.S. is becoming a police state.

      --
      Promote true freedom - support standards and interoperability.
    15. Re:Bogus question. by Applekid · · Score: 5, Insightful

      There is nobody stopping you starting our own computer hardware company, and making the device you describe. There is. Patents.
      --
      More Twoson than Cupertino
    16. Re:Bogus question. by Anonymous Coward · · Score: 5, Insightful

      it's up to them to determine the terms under which they offer it for sale

      Scope to determine terms is not and should not be unlimited. Once something is sold, it's not theirs any more. That is right at the heart of "selling". If they didn't want people to tinker, they shouldn't have offered the device for sale. It's not our responsibility to shoulder the cost of a crummy choice of business model and it's unjust for the law to try and push it onto us.

      Punish restrictive practices through the market, not by breaking the law

      Bullshit. They're writing the laws. Obedience to unjust law is a fool's game. While copyright and patent exist, a free market doesn't.

    17. Re:Bogus question. by gravis777 · · Score: 1

      Copyright law is much older than the DMCA. My guess is what they are claiming in these DMCA claims are that they are using modchips to break copy-protection built into the systems. Whether you are using backups of software you legally own, are playing pirated software, or running home-brewed apps, if you are using a modchip which can circumvent copy protection of the system, said modchip is illegal under the DMCA, regardless of intent.

    18. Re:Bogus question. by jamar0303 · · Score: 1

      You can rent CDs? Where from?

      Of course, I live in China, so I don't bother with rentals or pirating- real, licensed CDs cost far less here than in America (some CD singles only cost $2 and albums usually run $5-$7). But the "not for distribution outside Mainland China" limits what I can do with the CDs if I don't want them anymore (apparently eBay counts as "distribution"). Oh, no DRM either (some older Avex or Sony Japan CDs have it, I think, but it's easily bypassed with a Mac).

      --
      OSx86 FTW
    19. Re:Bogus question. by dattaway · · Score: 5, Insightful

      If you do not like the terms, don't buy one. Punish restrictive practices through the market, not by breaking the law.

      Say what? Are you saying "It Is A Violation Of Federal Law To Use This Product Inconsistant With Its Labeling?" Is it also against the law to combine vinegar and baking soda in the kitchen? Is it against the law to use a screwdriver as a hammer? This government is really starting to annoy me if its telling me I can only do what was labeled on the original package.

    20. Re:Bogus question. by PipingSnail · · Score: 1

      You earn $1600 a year?

    21. Re:Bogus question. by OAB_X · · Score: 1

      No, a mod chip is "illegal" because you are "circumventing copy protection" which under the DMCA is illegal.

      The copy protection is: no non-original games.

      And seeing as how you don't own the game, but only a license to play the game, it doesn't matter anyway.

    22. Re:Bogus question. by Balthisar · · Score: 1

      Same here -- I've got three modded Xboxes for the express purpose of streaming MythTV throughout my house. XBMC and XBMCMythTV are the only things that run on them, and wouldn't be able to run if not for the mods.

      --
      --Jim (me)
    23. Re:Bogus question. by Anonymous Coward · · Score: 0

      In the sense that one modchip probably means its just for you, where as a large quantity suggests you're making some kind of business out of it, then yes, it does. I await your next slippery-slope/strawman argument with baited breath!

    24. Re:Bogus question. by cliffski · · Score: 0, Troll

      if you are going to complain that its a police state because you cannot play pirated xbox games, I can only imagine that things aren't so bad there. people in real police states would be sickened to hear the term used to describe someone enforcing clearly stated, and widely known copyright law.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    25. Re:Bogus question. by bazorg · · Score: 1

      But if you no longer possess the original are you legally allowed to own the backup?

      If you have a receipt or any other way to prove the purchase of the original I think you should be OK. If you show up in court with a DVD-R with a game and the original DVD with tooth-marks it should be clear to any judge what your intention is when making back up copies of the media. As for the DMCA attempting to block this, it's the lawmakers of the USA that should be held responsible.

    26. Re:Bogus question. by domatic · · Score: 5, Insightful

      If I buy a Gamecube or whatever then it is my gamecube. Contract law IMHO is being severely abused by corporates. All they have to is put a f***** contract on EVERYTHING to see to it that nobody ever has a shred of rights again. Buy a bottle of barbecue sauce? You agreed to a contract. No rights. Period.

      The grandparent isn't pirating games. He's using his own personal private property as he sees fit and under no ethical theory that I can think of does it cost Nintendo anything. If contract law can be twisted to preclude such things then I say it is our sacred duty to violate it at every opportunity.

    27. Re:Bogus question. by gsslay · · Score: 1

      Should the FBI raid my house? Well nothing in TFA suggests you are in any danger of this happening. Unless you are involved in the sale or distribution of the devices. But feel free to get worried about it.

      I would ask my legal counsel why small portable computers with good battery life is non-existant, while gaming consoles with much more features are. Something is wrong with the market in my opinion. You think the court and your legal counsel would care about your opinion of the gaming console market?
    28. Re:Bogus question. by another_fanboy · · Score: 2, Interesting

      complain that its a police state because you cannot play pirated xbox games

      There are reasons to use a modchip beyond playing pirated games. There is always the possibility of playing third party games (where do you think new companies come from?), using the hardware for something other than a gaming console (myth tv/cheap handheld/etc), or just tinkering with it. The label on the back of the system says the warranty will be voided by playing with the insides, as it should be, but that is not the same thing as saying "opening this box is reason for your arrest".
      Apparently our government (this is sadly not limited to the US) has not yet realized that a majority of the tech companies in existence today got their start tinkering with previous products.

    29. Re:Bogus question. by Svartalf · · Score: 1

      I have a modchip on my Nintendo DS. I don't use it to play games. I have NEVER played a game on it. So why do I have it? So I can run Linux on it. I have no interest playing games, but I do have an interest in a unique hardware device. Should the FBI raid my house?


      No, but the DHS will be visiting you shortly...
      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    30. Re:Bogus question. by kryptkpr · · Score: 4, Insightful

      You are suggesting that sellers of all products be prevented from setting any conditions on the sale of their products

      Yes. Call me old-fashioned, but I like to actually own the copy that I bought and that includes the ability to modify it. There are already laws in place by society (such as Copyright) which limit what I can do with that copy in terms of distribution. If additional conditions are required (such as NDAs) then these agreements must be established before the time of purchase. Shrink-wrap licenses or EULAs should not be acceptable nor enforceable.

      I guess you would also mean that a EULA should be unenforceable, and thus abolish copyright when it comes to allowing you to make copies of digital products?

      What does EULA have to do with Copyright? Works, digital or otherwise, are just as protected by copyright without EULAs as they are with them.

      If I invent product X, who are you, or the government to dictate the terms under which I profit from my invention?

      It is in the best interest of society that knowledge not be held hostage in the silos of their so-called inventors. This is precisely the original reason for copyright .. to promote progress in the science and arts by offering a TEMPORARY monopoly which then expires and your work enters the public domain.

      If you don't like it, go invent your own product and stick a big "mod chip friendly" sticker on it.

      I'm feeding a Troll aren't I?

      --
      DJ kRYPT's Free MP3s!
    31. Re:Bogus question. by erroneus · · Score: 2, Informative

      Actually, that raises another good issue in this case.

      With the law clearly infringing upon an owner's right to perform non-infringing activities with his own property illustrates that the law itself is a bad law.

      It's a rarely identified fact that when a case is being heard in court, it's not just the defendant that is on trial, it is also the law itself that is on trial. A verdict of "not guilty because the law is bad" often sets interesting precedents and serves to help correct bad law. It's a part of the checks and balances system that are rarely used and either hidden from the public or simply forgotten. (For more information, search on "the powers of a jury" which, incidentally, is a great way to get yourself disqualified from being on a jury as knowledge of these facts of law often gets you dismissed.)

    32. Re:Bogus question. by dattaway · · Score: 4, Interesting

      no. get some perspective. hammers and screwdrivers do not have an end use licence agreement. yes of course it is up to the seller to determine the terms of the sale. its called a contract.

      Perspective? Why should a blank device with NO COPYRIGHTED MATERIAL have a license agreement? Should a movie projector have one? A pair of glasses? Why should my Nintendo that I want to put MY OWN DAMNED SOFTWARE on it have a license agreement? I don't want it for the games, I want it for the ARM microprocessors and displays, not for the any included software. The first thing I did was wipe off all that crap software off it, because I didn't agree with it. Is that good? Or did the manufacturer squeeze in some FEDERAL LAW that says my door is going to come down one day because I didn't subscribe to their business model?

    33. Re:Bogus question. by muridae · · Score: 2, Interesting

      hammers and screwdrivers do not have an end use licence agreement.
      Neither does the Wii, the DS, nor any other console that I've bought. When I turned on my DS, I never had to click through a questionable document that pretended to be a contract between me and Nintendo.

      Slashdot is not the place to argue if a sticker on a box counts as a contract, though. If a company wants to license a product so that it is only used in certain ways, then the contract should be negotiated, up front, before the purchase. After I have purchased the device, I may decide to cut through the cardboard box, rip through the paper that was going to be a license, and then compost the paper without even looking at it.

      Who is Dell to say I can not install Linux on a computer I buy from them, they sold it to me right?
      Who is Ford to say I can't put after market air filter on my car, I bought the car.
      And, to make a direct parallel to your argument, why can't an auto maker force me to only use their car for street driving instead of racing? They would have changed twice the price if they knew I wanted to drive on a track/off road/anywhere else. It's their product, who am I to simply use it as I see fit after I've already paid them for it.

    34. Re:Bogus question. by misanthrope101 · · Score: 5, Insightful

      it's up to them to determine the terms under which they offer it for sale
      Those terms would be what we call "money." When it has changed hands and the console is mine, then it is mine. I don't get to set terms for what you do with my car, or my house, or my pencil, after you buy it. There is no binding contract you enter into by buying a console that mandates you to buy games down the line.

      If GE sold a coffee maker that magically permitted only GE-brand coffee filters, no one would give you a moral lecture for using a workaround and using non-GE filters. It's your coffee maker. If GM sold cars that accepted only GM-designed bolts, no one would lecture you for using an adapter or changing out the bolt thingy so you could use whatever bolts you wanted.

      It would never occur to anyone to be so damned stupid as to think that GE or GM or any other company has a moral claim to dictate how you use the product you already paid for--unless it's a video game console, or otherwise involves a computer or, God forbid, the internet. These are apparently magical, and are not subject to the same common-sense, well-known principles by which we have conducted business since, well, forever.

    35. Re:Bogus question. by Richard_at_work · · Score: 1

      Difference between personal use and intent to supply.

    36. Re:Bogus question. by MobyDisk · · Score: 3, Informative

      You do not have to sign a contract to buy a Nintendo DS.

    37. Re:Bogus question. by aichpvee · · Score: 1

      I've never signed a form when I bought a game console, moron. And I never will because there's no way they could get people to do it.

      Seriously, how do you manage to operate a computer with so much brain damage?

      --
      The Farewell Tour II
    38. Re:Bogus question. by mhall119 · · Score: 2, Interesting

      They designed, financed and made the product, it's up to them to determine the terms under which they offer it for sale. That's the thing though, they can dictate the terms of the sale, but should the be able to dictate the terms of use? No non-media product I can think of dictates how you can use what you buy. Toyota doesn't care if I mod my car, or who's gasoline I put in it, why should Nintento care what you put in your DS?
      --
      http://www.mhall119.com
    39. Re:Bogus question. by dcollins · · Score: 1

      "Punish restrictive practices through the market, not by breaking the law."

      Individual purchasing decisions have never changed a damn thing. Civil disobediance, however, definitely has.

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    40. Re:Bogus question. by mhall119 · · Score: 3, Insightful

      If you rent a house, you sign a form to say you will not do X, Y and Z, maybe not to have any pets, or leave the house unattended. I believe the parent was claiming that if you *buy* the house, then *you* should have the right to decide if you have pets, not the seller. Once you sell somebody a house, you no longer have the rights to dictate what they can and cannot do with the house, because you sold the rights to them. Why shouldn't the same common sense apply to electronics?
      --
      http://www.mhall119.com
    41. Re:Bogus question. by Endo13 · · Score: 1

      no. get some perspective. hammers and screwdrivers do not have an end use licence agreement. yes of course it is up to the seller to determine the terms of the sale. its called a contract. Wow. This post is the biggest load of horseshit I've seen on /. in some time. No it's not a contract. It's an EULA. And companies have already gotten in trouble for ridiculous over-restrictive EULAs. (And if you don't already know the difference between a real contract and an EULA, why the fuck are you even posting here?)

      Are you suggesting that all contracts are unenforceable? If you rent a house, you sign a form to say you will not do X, Y and Z, maybe not to have any pets, or leave the house unattended. Ever heard of apples and oranges? Big clue: when you're renting something, it's not yours. Of course the owner has the right to tell you what you may or may not do with his property. Once you sell something, it's no longer yours. That's it. End of deal. The only organization that has control over what you do with something you purchased is the government. The manufacturer has not even a shred of such control. Anyone who thinks they do is only fooling themselves. Unfortunately, big corporations are gaining far too much indirect control by buying politicians and controlling government, and that is what must change.

      If I invent product X, who are you, or the government to dictate the terms under which I profit from my invention? The l;egaility of mod chipping is hardly a secret. And if I buy your product X, who are you to dictate what I can or cannot do with my property? If it must be done, that's the jurisdiction of government, not you. If you don't like what I do with your X that I bought, all you can legally do is ask me not to do it, and/or appeal to the government.
      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
    42. Re:Bogus question. by dougmc · · Score: 2, Insightful

      Why should a blank device with NO COPYRIGHTED MATERIAL have a license agreement?
      ...
      Why should my Nintendo that I want to put MY OWN DAMNED SOFTWARE on it have a license agreement?
      I agree with your sentiment, but your Nintendo DOES have copyrighted software on it, even without a disk in the drive.

      In any event, I'm not sure that actually having mod chips is a criminal act, though the DMCA may have made it so under many conditions. And if you're merely violating a EULA, that's generally a civil matter anyways -- not something that the police usually bust your door down for, though the RIAA seems to have gotten them to do that a few times lately. But selling mod chips as a way to run pirated games, that would be illegal.

      I'm pretty sure the raids were done on those selling mod chips, not end users. But maybe you're next, you criminal Linux users you!

    43. Re:Bogus question. by pthor1231 · · Score: 1

      Heaven forbid he is a student or kid in high school...

    44. Re:Bogus question. by cliffski · · Score: 2, Interesting

      No I am not a troll. I have a different view to you, and to the guy who called me a 'moron' and accused me of having brain damage. It's what intelligent, reasonable people in the real world call a 'difference of opinion'. Such things can be discussed and debated rationally and sensibly, except on slashdot, where anyone who disagrees with the /. groupthink is hurled with abuse.

      Your post is dripping with contempt for the people who actually make stuff. 'so-called inventors' is a great example. Who did invent the mentioned nintendo games console then? you? your mates? How much of the R&D budget for the device did you contribute?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    45. Re:Bogus question. by dougmc · · Score: 1

      I believe the parent was claiming that if you *buy* the house, then *you* should have the right to decide if you have pets, not the seller. Once you sell somebody a house, you no longer have the rights to dictate what they can and cannot do with the house, because you sold the rights to them. Why shouldn't the same common sense apply to electronics? You seem to be forgetting these things called `contracts'. You most certainly can sell a house that includes certain conditions that are part of the sales contract. I could sell you a house with the conditions that you not have any pets or leave the house unattended, and once you signed the contract, you'd be bound to those restrictions. If you didn't like it, you would walk away, or negotiate with me about the clause.


      And this sort of thing happens all the time with house sales. One big example? HOAs, and you tend to agree to their rules when you buy the house. If you don't, you can't buy the house. (HOAs are evil, yes, but they are real too.)

      Why shouldn't the same common sense apply to electronics?
      Probably because the sellers think they'll make more money if they try to bind you in contracts. And they spend more money lobbying the government to get laws to assist with this sort of thing.
    46. Re:Bogus question. by Anonymous Coward · · Score: 1, Insightful

      Ever heard of licensing?

    47. Re:Bogus question. by SailorSpork · · Score: 1

      $1600 salary is well above the poverty line, you should be ashamed of yourself. Yes, games are relatively expensive, but "access to games" isn't a constitutional right or a basic need to survive, its a manufactured product!

    48. Re:Bogus question. by cliffski · · Score: 1

      bullshit.
      you think that VHS beat betamax by civil disobedience do you?
      On what planet is the market not influenced by the products people buy then?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    49. Re:Bogus question. by cliffski · · Score: 1

      third party games are locked out of the system by design,. this is the console business model. This is how it works. If you want a completely free open gaming platform, you have the PC. The guys making consoles, and spending zillions on R&D do so on the basis that they can control licensing fees and selection of titles for that platform. This is their business plan, it is their product, and their right to do so.
      If I lay railway track, I can do so on the basis that I demand a licence fee from any trains company wishing to ship freight on my track. if everyone starts driving on the track, my business model collapses, and has been undermined. This is no different.

      I am a big supporter of the PC for being an open platform, that is mod friendly, and open to 3rd party developers like myself. hurrah for the PC. That's why I have a PC and not a console. That's my decision as a consumer. to dictate to a company that you want them to make the investment, but undermine their ability to recoup that investment, is clearly not going to work.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    50. Re:Bogus question. by Gr8Apes · · Score: 1

      Your post is the biggest bunch of tripe I've seen in a long while. How much are the various legal professions paying you to post this crap?

      As soon as you sell a product, it's no longer yours and you have no control over what's done with it, nor do you really want to. (Hint, think gun manufacturers)

      --
      The cesspool just got a check and balance.
    51. Re:Bogus question. by plague3106 · · Score: 0, Flamebait

      Oh please. The motivation for mod chips is to play games that you didn't buy. I'm not saying I think mod chips should be illegal, but don't try to claim that its mostly for legitimate purposes.

    52. Re:Bogus question. by jollyreaper · · Score: 1

      There is nobody stopping you starting our own computer hardware company, and making the device you describe. There is. Patents. I read that as "parents." Hey, aren't they usually the ones you hit up for funding a hare-brained scheme like this?
      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    53. Re:Bogus question. by plague3106 · · Score: 1

      I believe the parent was claiming that if you *buy* the house, then *you* should have the right to decide if you have pets, not the seller. Once you sell somebody a house, you no longer have the rights to dictate what they can and cannot do with the house, because you sold the rights to them. Why shouldn't the same common sense apply to electronics?

      I guess you've never heard of home owners associations though, where you DO *own* the house but signed away your rights to do certain things. For example, building a fence.

    54. Re:Bogus question. by mrchaotica · · Score: 1

      Dissatisfaction with the market does not act as an excuse to break the law.

      No copyright infringement took place. Nothing was "circumvented." So what law would have been broken?

      They designed, financed and made the product, it's up to them to determine the terms under which they offer it for sale.

      Right. And they did determine those terms, and they did offer it for sale, and he did buy it while complying with those terms, and then modded it after it was his own property, to do with what he wished (i.e., the definition of what "property" is!). So again, what law would have been broken?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    55. Re:Bogus question. by orclevegam · · Score: 1

      You seem to be forgetting these things called `contracts'. You most certainly can sell a house that includes certain conditions that are part of the sales contract.

      Key words there, "sales contract". Most (all?) consumer electronics do not come with a sales contract, if they did you would have to sign one every time you purchase the item (and if it's anything substantial better let a lawyer look it over for you, imagine the lines at the store for that!) and it would be illegal for the store to sell it to you without the signed contract. Simply writing on the box "By purchasing this item you agree to ..." does not cut it as a legal contract.

      Of course, all that is really immaterial, as the original question was whether mod chips are illegal under the DMCA, and the sad truth is they are (of course, if you twist it enough, just having a brain is illegal under the DMCA, after all it might allow you to bypass a copy protection device). The DMCA is a terrible piece of legislation and I still hold hope that it will be repealed one of these days, although that's probably too much to ask.

      --
      Curiosity was framed, Ignorance killed the cat.
    56. Re:Bogus question. by mrchaotica · · Score: 1, Flamebait

      hammers and screwdrivers do not have an end use licence agreement

      NEITHER DOES A FUCKING NINTENDO DS, DUMBASS!

      Games have EULAs, but games aren't what the modchip gets applied to!

      get some perspective.

      Hello, Mr. Fucking Pot! I'd like you to meet Mr. Kettle...

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    57. Re:Bogus question. by Winckle · · Score: 1

      If I may recommend a modchip, check out the wiikey I use to import american games to the UK, so it should work for you as well. I got a friend of mine who is an electronics student to do the soldering, as I know nothing about it, but he said it was pretty easy.

    58. Re:Bogus question. by Anonymous Coward · · Score: 0

      The console is sold on the basis that it is a games console. this is the sellers business model if you don't like it, don't buy one. but don't buy it, knowing this full well, then whine about it. that's just sad. Are your eally going to pretend you didnt know mod chips were illegal, because that's just desperate.

    59. Re:Bogus question. by LKM · · Score: 1

      I'm thinking about modding my Wii so I can run imported games. Still no Super Paper Mario in Europe. Nintendo, I would like to give you my money. Please allow me to do so.

      Just adding another legitimate use to the list of legitimate mod chip uses.

    60. Re:Bogus question. by omeomi · · Score: 1

      Dissatisfaction with the market does not act as an excuse to break the law.

      No, but dissatisfaction with an unjust law does, though as Thoreau pointed out, if you're going to knowingly break the law to make a point, you have to be ready to take the punishment. If I want to modify hardware that I purchased, I don't see any reason I shouldn't be able to do that...regardless of my intent. If I want to illegally copy other's intellectual property, that's a different story. That, in itself is illegal, and rightly so, but it shouldn't be illegal to dismantle, modify, drop from the roof, or do anything else I want to do with a device that I have purchased.

    61. Re:Bogus question. by orclevegam · · Score: 1

      third party games are locked out of the system by design,. this is the console business model.

      Just because something is a business model doesn't mean I have any legal obligation not to break it. A company does not have any legal right to have a successful business model, something the RIAA still hasn't figured out yet.

      If I lay railway track, I can do so on the basis that I demand a licence fee from any trains company wishing to ship freight on my track. if everyone starts driving on the track, my business model collapses, and has been undermined. This is no different.

      This is totally different. If everyone told you to shove your license fee and went and built tracks that ran parallel to yours instead of paying to use your tracks your business model would be undermined just the same, but that doesn't mean anybody did anything illegal. A business model is not a legal right! You do not have the right to succeed, only the right to attempt to.

      to dictate to a company that you want them to make the investment, but undermine their ability to recoup that investment, is clearly not going to work.

      Any company that makes a product (investment) must undertake the risk that they will fail. It's the cost demanded of a free market that success is not guaranteed.

      --
      Curiosity was framed, Ignorance killed the cat.
    62. Re:Bogus question. by mhall119 · · Score: 4, Insightful

      You seem to be forgetting these things called `contracts'. You most certainly can sell a house that includes certain conditions that are part of the sales contract. I could sell you a house with the conditions that you not have any pets or leave the house unattended, and once you signed the contract, you'd be bound to those restrictions. If you didn't like it, you would walk away, or negotiate with me about the clause. Good counter-argument, except that the only "contract" agreement you make when buying a Nintendo is between you and the entity you are buying from, and the only conditions of that contract are that you pay a given price, and they give you a product that works as advertised. After that, you get into the legally murky area of the "EULA". Imagine that you bought a house, and there are no pet restrictions in your contract. Then you walk into the house for the first time after buying it, and there is a piece of paper in the living room that says by entering and occupying the house, you implicity agree to a whole new list of restrictions, like not having pets, that were not a part of the contract you signed to obtain the house. Essentially the seller is trying to impose restrictions on the use of something he no longer owns, rather than placing those restrictions before the sale, while he still had the right to do so.

      And this sort of thing happens all the time with house sales. One big example? HOAs, and you tend to agree to their rules when you buy the house. If you don't, you can't buy the house. (HOAs are evil, yes, but they are real too.) Actually an HOA can only dictate what you do with your house within the confines of the neighborhood. You can legally take your house somewhere else and be free of the HOA regulations, so they don't so much control what you do with your house (individually owned), they just control what you do in their neighborhood (collectively owned). Nintendo could, for example, disallow modded consoles on their network service (Microsoft I believe already does), because they own the network service. But they no longer own the console after they sell it to you, and can't add further restrictions to something they don't own.
      --
      http://www.mhall119.com
    63. Re:Bogus question. by Anonymous Coward · · Score: 0

      Are you suggesting that judges become *gasp* activists?

    64. Re:Bogus question. by pionzypher · · Score: 1

      Nearly a year ago I witnessed them screaming "put the burrito down!" Interesting mixture of impulse to laugh and urge to cry.
       
        It may sound humorous now, but neither ICE or the console owners are giggling about it. /shakes head at system & walks away

      --
      I'll believe in corporations having personhood when Texas executes one... - advocate_one
    65. Re:Bogus question. by crankyspice · · Score: 1

      I don't get to set terms for what you do with my car, or my house, or my pencil, after you buy it.

      Actually, that's incorrect, at least insofar as real property (as opposed to personal property) goes; look up covenants running with the land and equitable servitudes.

      --
      geek. lawyer.
    66. Re:Bogus question. by dougmc · · Score: 1

      Key words there, "sales contract". Most (all?) consumer electronics do not come with a sales contract
      Yes, but the example given was about selling a house. When you buy a house, you sign page after page after page of contracts. Perhaps it wasn't a good choice of analogy after all.


      As for consumer electronics, they often have an EULA. Is it enforcible? Should it be enforcible? Should they even have EULAa? I don't know, though I'm inclined to say `no' on the last one. I certainly don't approve of the idea, but to just blindly say that they don't count would be foolish.

      (and if it's anything substantial better let a lawyer look it over for you, imagine the lines at the store for that!)
      Uh-huh. [Stupid] people don't even read contracts they sign, actual contracts -- why would they pay a lawyer?

      People would blindly sign their contracts, especially if they got a free cookie for doing so. Only a few would insist on reading it carefully. I wonder if the iPhone was sold with a contract to be signed? I know that at least for a while, when you bought a Tivo you explicitly signed a contract and agreed to sign up for service for X amount of time when you bought it. You signed right on the sales form, just like you would for a credit card purchase.

      Contracts could also be put in with a rebate form -- you get $200 back, but only if you agree to this contract.

      Don't delude yourself into thinking they can't make consumers explicitly sign contracts because it's too hard/slow. If they think there's a buck in it, they'll find a way to make it happen.

      Simply writing on the box "By purchasing this item you agree to ..." does not cut it as a legal contract.
      In your opinion. According to Wikipedia's EULA page, the enforceability of shrink-wrap licenses is still unclear.
    67. Re:Bogus question. by mhall119 · · Score: 2, Insightful

      As a mentioned in another reply, you don't sign away your rights to build a fence, you sign away your rights to build a fence in the HOA's neighborhood. Furthermore, either you agree to give the HOA the right to decided on that when you purchased the house, or some previous owner did and no longer has the ability to give you that right. Either way, the purchase agreement should have declared that the right to put up a fence was not conveyed to you as part of the purchase. If there was no HOA when you purchased your house, then one cannot come along after the fact and tell you that you cannot build a fence, because you already had that right and did not consent to giving it away.

      --
      http://www.mhall119.com
    68. Re:Bogus question. by Applekid · · Score: 1

      Would Nintendo license the DS to another company to do exactly what it does now plus run Linux on it? I don't think that's very likely. It isn't like the DS hardware licensing is on the market like Blu-Ray is.

      --
      More Twoson than Cupertino
    69. Re:Bogus question. by Danse · · Score: 1

      Your post is dripping with contempt for the people who actually make stuff. 'so-called inventors' is a great example. Seems quite fitting when you consider the kinds of "inventions" that patents are handed out for these days. It's utterly ridiculous. You also avoided the questions in the post, such as what EULAs have to do with copyright, and why we shouldn't be able to make backups of media that are fragile and easily destroyed through relatively normal use (especially if you have kids).
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    70. Re:Bogus question. by compro01 · · Score: 1

      You seem to be forgetting these things called `contracts'.

      and i must be having some kind of amnesia as i don't remember ever signing any contract to buy a DS.

      --
      upon the advice of my lawyer, i have no sig at this time
    71. Re:Bogus question. by Danse · · Score: 1

      You seem to be forgetting these things called `contracts'. You most certainly can sell a house that includes certain conditions that are part of the sales contract. I could sell you a house with the conditions that you not have any pets or leave the house unattended, and once you signed the contract, you'd be bound to those restrictions. If you didn't like it, you would walk away, or negotiate with me about the clause. Notice how all that contract talk and negotiating happens up front? You can't do it after I've already bought the house. Nor should Nintendo or anyone else be able to slap a one-sided, non-negotiated contract on me after I've already made the purchase. Transaction is done at that point as far as I'm concerned. If they want a contract, then they should get people to read, negotiate, and sign up front before the purchase is made.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    72. Re:Bogus question. by compro01 · · Score: 2, Insightful

      said modchip is illegal under the DMCA, regardless of intent.

      which is yet another reason why the DMCA needs to be ripped into little pieces, then ripped into littler pieces, and then burned and the ashes cast into the wind.

      --
      upon the advice of my lawyer, i have no sig at this time
    73. Re:Bogus question. by Danse · · Score: 1

      I guess you've never heard of home owners associations though, where you DO *own* the house but signed away your rights to do certain things. For example, building a fence. Again, this signing happens prior to purchase. Very different thing.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    74. Re:Bogus question. by Cruise_WD · · Score: 1

      If GE sold a coffee maker that magically permitted only GE-brand coffee filters, no one would give you a moral lecture for using a workaround and using non-GE filters. It's your coffee maker. If GM sold cars that accepted only GM-designed bolts, no one would lecture you for using an adapter or changing out the bolt thingy so you could use whatever bolts you wanted. Or it'd be like buying a printer and only being allowed to use that printer's brand of ink, which would be stupid and dumb. Especially if the printer manufacturer's then went to extreme lengths to prevent you from using any workarounds...

      The point is that companies will, if they think they can get way with it, lock you into their product in every way possible. While it isn't, and shouldn't, be illegal to install other software on a console, you be damned sure that the manufacturers are working their butss off trying to figure out how to stop you.

      Even if that doesn mean they sell less consoles...they want to control you, or they won't touch you.
      --
      [ cruise / casual-tempest.net / xenogamous.com / transference.org / quantam sufficit ]
    75. Re:Bogus question. by Danse · · Score: 1

      No copyright infringement took place. Nothing was "circumvented." So what law would have been broken? AFAIK, you didn't break the law. The person selling mod-chips probably did violate the DMCA which prohibits the sale or distribution of devices which can bypass copy protection systems, which mod-chips do.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    76. Re:Bogus question. by cliffski · · Score: 1

      what evil piece of patent tomfoolery means that Nintendo did not invent the wii? I'm sure if you spent the last 4 years working on the design of the thing, you would be very hacked off to hear some random slashdot poster call you a 'so-called inventor'.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    77. Re:Bogus question. by Danse · · Score: 1

      That's my decision as a consumer. to dictate to a company that you want them to make the investment, but undermine their ability to recoup that investment, is clearly not going to work. The problem is that the console-makers don't disclose the terms at the time of purchase. Additionally, they are the ones that chose their business model. Nobody forces them to sell their consoles at a loss and then try to recoup that loss on game sales and licensing.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    78. Re:Bogus question. by dougmc · · Score: 1

      You seem to be forgetting these things called `contracts'.

      and i must be having some kind of amnesia as i don't remember ever signing any contract to buy a DS. Indeed, amnesia would explain it. I was referring to the analogy given of buying a house, not a DS.
    79. Re:Bogus question. by Achromatic1978 · · Score: 1

      And this sort of thing happens all the time with house sales. One big example? HOAs, and you tend to agree to their rules when you buy the house. If you don't, you can't buy the house. (HOAs are evil, yes, but they are real too.)

      Let's not forget that HOA contracts often (particularly in Florida, Texas) in fact give them the ability to foreclose on your house if you owe them fees. Remember, you can run up credit card debt in the tens of thousands and your card company can't do that, but if you didn't pay your HOA fees... Actually, some of the acts undertaken in the name of HOAs transcend evil, and are illegal too: towing vehicles that are guests of a property owner, illegal fines levied, as well as good old huge contract violations .

    80. Re:Bogus question. by DimGeo · · Score: 1

      No! Hardware is not covered by a license and you are not renting the stuff! Hardware is a thing, you buy it, you can do whatever you want with it! Show me, quote for me, any law that states otherwise! True, the DMCA states you can't have any devices that circumvent copy protection. But the device the gp described was being used to run Linux, not to circumvent any kind of copy protection measure!

    81. Re:Bogus question. by Danse · · Score: 1

      Oh please. The motivation for mod chips is to play games that you didn't buy. I'm not saying I think mod chips should be illegal, but don't try to claim that its mostly for legitimate purposes. No doubt that there is a lot of illegitimate use of mod-chips, but if you have a console and you have kids, it's a very wise investment. I don't see Microsoft, Nintendo or Sony lining up to ship me new copies of games when the old copies get destroyed, for just the cost of the new media. Until they start distributing the software on something a lot more durable, there will be a need for these chips.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    82. Re:Bogus question. by dattaway · · Score: 4, Interesting

      but your Nintendo DOES have copyrighted software on it, even without a disk in the drive.

      No sir! I now have an open source custom bootloader flashed on it. The first instructions the ARM processors run the uploaded program I installed. Lots of good people in the DSLinux community understood the basic hardware and enjoyed making a complete system from scratch. The ARM7 and ARM9 processors are well documented and so is the hardware on the DS. I don't see why it would be a FEDERAL offense for someone to write their own software. Maybe a judge somewhere will listen one day without taking money.

    83. Re:Bogus question. by Danse · · Score: 1

      And seeing as how you don't own the game, but only a license to play the game, it doesn't matter anyway. If all I have purchased is a license to play the game, then why won't they just ship me a new copy if my old one gets destroyed?
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    84. Re:Bogus question. by dattaway · · Score: 1

      You most certainly can sell a house that includes certain conditions that are part of the sales contract.

      But what I do with my gamecube in my own privacy will not affect the families next to me. I can remodel my device, paint it pink with yellow polkadots, install a new kitchen sink on the processor, and no one will care! Care factor is ZERO! No one buys a gamecube with a mortgage contract. It doesn't need city inspection for safety, gas, or electrical mains. It doesn't need to be inspected for termites, mold, ... ITS NOT A DAMNED HOUSE!

    85. Re:Bogus question. by Surt · · Score: 1

      I didn't sign any contract when I bought my ds or wii. I did sign a contract when I rented my apartment. That's the difference.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    86. Re:Bogus question. by Opportunist · · Score: 1

      What if you "roll your own" modchip out of a PIC or Atmel chip? It's possible and I have a fair lot of those chips lying around at home, simply 'cause I tend to spend some time toying with them in general. Am I now a criminal mastermind modchip creator, just because I have the tools required to make them?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    87. Re:Bogus question. by Paradoks · · Score: 1

      The console is sold on the basis that it is a games console. this is the sellers business model if you don't like it, don't buy one. But will it blend? I want to know, but you seem to be saying that it's illegal. How sad; I'll miss the crazy Blendtec guy when the police come to take him away.
    88. Re:Bogus question. by Danse · · Score: 1

      what evil piece of patent tomfoolery means that Nintendo did not invent the wii? Nintendo built the Wii. Designing and building something is tough, even if you aren't doing anything really new or unique. I spend a lot of time working on a lot of things, that doesn't make them unique or inventive enough to be worthy of a patent. We've gone completely insane with handing out patents for anything someone cares to scribble down on paper, regardless of whether they can figure out how to implement it or not. When it comes to systems like Nintendo's, they don't generally do much of anything that is unique or inventive, they build upon what came before, adding a few new features. Nintendo went farther than most with their new input devices, but even those aren't new, just new to the console scene. Yet all of the console-makers have patented a hundred little things within their systems so that nobody else can build anything like it without going through them. Not because they did anything inventive, but because you can't afford to challenge all those patents. So, only another giant company that has a bunch of patents of its own can compete with them. So, the advice of "build your own" is pretty lame since there are patents covering all sorts of basic, obvious, and generally necessary components of a console that you won't be allowed to use. So until we stop handing out patents like candy, nobody is really able to build their own, legally.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    89. Re:Bogus question. by dougmc · · Score: 1

      Good counter-argument, except that the only "contract" agreement you make when buying a Nintendo
      I wasn't talking about buying a Nintendo. I was talking to the analogy given of buying a house.

      Actually an HOA can only dictate what you do with your house within the confines of the neighborhood
      My house isn't movable. To move it would destroy it, unless we spent more on moving the house than I did on buying it. So, like it or not, the HOA gets to say what I do with my house. (And no, I don't like it.) I can't reasonably avoid it by moving my house.


      In any event, HOAs were only given as an example of where this is done in real life, something people were familiar with. I never claimed it was analagous to Nintendo sales -- that was somebody else's analogy to make. And in the case of home sales, there's nothing preventing a seller of fine mobile homes to include a clause that you agree not to put pink flamingos in front of it, no matter where you decide to put it. Perhaps such a clause would be found to be unenforcible later, but that would be for a court to decide.

      Back to Nintendos. Currently you don't sign an explicit contract when you buy one. This could change in the future, and the manufacturers/vendors could make it happen if they felt it was cost-effective to do so. And people would blindly sign without even reading it. If shrink wrap licenses are found to be weaker in the future, we'll probably find more consumer electronics devices require the explicit signing of a contract at purchase, or you'll have to explicitly agree to a EULA when putting it online for the first time, and it won't work until put online and you agree to this.

      As for the strength of shrink wrap licenses, the jury is still out. Court cases have found them to be un-enforcible, and court cases have found them to be enforcible. It depends on the specifics. We may not like the idea, but that won't stop laws and courts from doing things that we don't like.

      and can't add further restrictions
      Some contracts are written in such a way that they can be amended in the future, usually only by one party. They have to send you notice, and you can either cancel the service or do nothing, and doing nothing means you agree to the terms. This is very popular for credit card contracts, for example. It sucks for the consumer, as most don't bother to even read the new terms, and even if you do there's little you can do about it except leave, but it's the way things are.

      I'm not saying that Nintendo is doing this, or that they should do this -- but it's possible.

      to something they don't own.
      ... and they can get around this by stating that they still own it. You just bought a long-term lease on it, that's all. Assuming that it actually matters who owns it, of course.
    90. Re:Bogus question. by Danse · · Score: 1

      you think that VHS beat betamax by civil disobedience do you? No, betamax committed suicide, and was therefore wisely avoided by the market.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    91. Re:Bogus question. by dougmc · · Score: 1

      but your Nintendo DOES have copyrighted software on it, even without a disk in the drive.

      No sir! I now have an open source custom bootloader flashed on it. The first instructions the ARM processors ... Yes sir! Have you changed the microcode on those ARM processors ... ?

      I don't see why it would be a FEDERAL offense for someone to write their own software. I don't either. I'm just saying that your Nintendo *still* includes copyrighted software. I'm also not arguing that this actually matters.

      Actually, your bootloader is probably still copyrighted. Most open source software is still copyrighted.

    92. Re:Bogus question. by billcopc · · Score: 1

      Allow me to correct your typo:

      "in the silos of their so-called investors"

      You don't need brains to hold a patent, you just need to write something stupid on the application, and staple your fee check to it.

      --
      -Billco, Fnarg.com
    93. Re:Bogus question. by OAB_X · · Score: 1

      Probably because they have no way of verifying that you owned the original unless you send back an old copy.

      Though they would likely charge you a shipping and handling fee as well as a materials fee for the new disk itself.

      Some publishers do offer stuff like that.

    94. Re:Bogus question. by mhall119 · · Score: 1

      My house isn't movable. To move it would destroy it, unless we spent more on moving the house than I did on buying it. So, like it or not, the HOA gets to say what I do with my house. (And no, I don't like it.) I can't reasonably avoid it by moving my house. That was a technical restriction you where aware of before you purchased. Just like Nintendo doesn't give you the means to play third-party games. What the HOA can't do, and Nintendo shouldn't be able to do, is prevent you from resolving those technical limitations if you so desire.

      Some contracts are written in such a way that they can be amended in the future, usually only by one party. They have to send you notice, and you can either cancel the service or do nothing, and doing nothing means you agree to the terms. This is very popular for credit card contracts, for example. It sucks for the consumer, as most don't bother to even read the new terms, and even if you do there's little you can do about it except leave, but it's the way things are. But here we aren't talking about changing a contract for future purchase, we're talking about adding restrictions to a purchased item after the item was purchased without those restrictions. To use your example, a credit card company can change your contract and increase your future rate, but they can't make that rate change retro-active. Nintendo may, as you said, require buyers to agree not to mod their console _before_ they purchase, but they shouldn't be allowed to impose that restriction on those who bought their consoles without having to make that agreement.
      --
      http://www.mhall119.com
    95. Re:Bogus question. by Anonymous Coward · · Score: 0
      On this part,

      They designed, financed and made the product, it's up to them to determine the terms under which they offer it for sale.
      I wholeheartedly agree with you. But you go off the rails here:

      Dissatisfaction with the market does not act as an excuse to break the law.
      Common Law has the notion of "First sale". If I as Daimler-Chrysler sell you my Diesel Mercedes, and you modify it to run on bio-diesel, you have circumvented my intentions for the engine technology I sold you, or to paraphrase you, gone against the terms by which I offered the car for sale. But no one is going to come to your house and impound all your Wesson oil jugs, are they? So why is that Sony can sell me a product, and then determine how I use it after the fact?
      Sure, most of the companies that provide after-market items for the console or handhelds probably didn't do it in a clean room environment, but isn't it up to Sony to prove that first before the impounds start?
    96. Re:Bogus question. by robcfg · · Score: 1

      awwww, sorry I forgot to tell that was my monthly salary. Anyway, it's a 3.75% every month assuming you only buy one game which is usually not true.

    97. Re:Bogus question. by Niten · · Score: 1

      But there absolutely should not be any such law to begin with. What happened to property rights? He purchased the DS, so he should have the right to take it apart and hack at it however he sees fit. If the people making the device haven't taken this into account, then they need to design, finance, and make their products with the customer's rights in mind. Make a profit through a solid understanding of the market and respect for your customers, not through the ham-handed enforcement of bad laws.

      Copyright infringement was already illegal. We didn't need to come up with another law to try to tack one more offense onto the real software pirates' records, while trampling over thousands of legitimate users in the process.

    98. Re:Bogus question. by Xanius · · Score: 3, Insightful

      Why do you keep talking as though by adding a mod chip to a ds or wii or anything else the company is losing money on the console?

      The game company has the potential to lose but Nintendo has nothing to lose by allowing mods. I still have to buy the console before I put the chip in to it. They shouldn't care what I do with it after I buy it from them, sure they can come up with a way to make it so I can't use a burned disc online to try to make sure I'm not pirating a game. It would end up like PC games, I can pirate the hell out of it and play by myself or on a lan but if I try to go online it says sorry no can do until I put in the real thing. Problem solved for 90% of the people.

    99. Re:Bogus question. by Niten · · Score: 1

      I object to the notion that owning any amount of modchips, whether for personal use or to sell to others, should be illegal.

    100. Re:Bogus question. by Anonymous Coward · · Score: 0

      "Does this mean I should be raided / arrested / tried in court?"

      Read the article, they are going after people who produce and sell mod chips, not users.

      It's the difference between profiting off of reverse-engineering someone's hardware and personal use. The former is restricted, the latter isn't.

      "I realize that a lot of people who use modchips are only out to copy everything in sight, but hasn't this kind of thing been covered in the past (Sony Corp. of America v. Universal City Studios, Inc.)?"

      It's a difference in technology vs. use.

      Betamax's main purpose (technology wise) was not duplicating copyrighted material, it was only a medium for storing video. It was purely a tool for recording video (i.e. substantial non-infringing use).

      In terms of technology, the mod-chip's only function is to circumvent protection put there by the console makers. For it to have substantial non-infringing use, it would have to have another technological purpose outside of circumventing protection; it doesn't.

      This is not a qualitative argument of whether or not it should be restricted; it's a simple statement of fact.

    101. Re:Bogus question. by nurb432 · · Score: 1

      Except that you are only buying the hardware.

      The firmware/software are licensed to use. You dont actually get ownership.

      --
      ---- Booth was a patriot ----
    102. Re:Bogus question. by cliffski · · Score: 1

      why do you pro-piracy, anti copyright buffoons always have to shout and swear on here? it just makes you look like six year olds. Learn some new words kiddies.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    103. Re:Bogus question. by cayenne8 · · Score: 1
      "I believe the parent was claiming that if you *buy* the house, then *you* should have the right to decide if you have pets, not the seller. Once you sell somebody a house, you no longer have the rights to dictate what they can and cannot do with the house, because you sold the rights to them. "

      The house buying analogy might not be the best. I was kinda shocked to find out that many homes you buy new, or even used in a relatively new subdivision may bind you into an agreement to what you can, and cannot do with your house. Some don't allow flags, some will only let you paint certain colors, fine you if you don't keep yard up, etc. I think they are called Home Associations...and you cannot buy the home unless you join, etc.

      I don't personally see that this is right, but, then again, I'm starting to see that even in the US, you never truly OWN any land or home....you just rent it.

      Just try not paying your taxes (rent) on the property, and see how long you really do 'own' it.....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    104. Re:Bogus question. by cayenne8 · · Score: 1
      "As a mentioned in another reply, you don't sign away your rights to build a fence, you sign away your rights to build a fence in the HOA's neighborhood."

      I still don't see how these things are enforceable. I mean, you supposedly OWN the land the house is on, correct? How can you be forced to sign away rights as to what to do you 'your' land?

      I'm surprised there hasn't been some discrimination or other type of infringment suit brought against a HOA which would not allow you to buy a home if you didn't sign a HOA agreement?

      Man..when I get lottery money, I've got some interesting cases I want to bring on things....like this.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    105. Re:Bogus question. by capnchicken · · Score: 1

      Why does everyone assume there are/should be laws protecting party X's business model? Nothing in the Constitution says you have the unalienable right to continue making money off of the same method you've always used. Times change, change your model. Civil rights and consumer rights should always have top billing, anything else will lead us to plutocracy.

      --
      A libertarian shat on my carpet once. Claimed the free market would sort it out. -Ford Prefect(8777)
    106. Re:Bogus question. by cez · · Score: 1

      Regardless of how much is spent on R&D for the device, you are missing the fact that that cost is covered in the price of the item. What does it matter how much they spent developing it? Did they invent the plastic that it contains? No? But wait, what about all the R&D that GE Plastics or whoever put into years ago to fabricate the process used to create the plastic, did they get a signed contract stating they can use it for the DS? Oh right... they paid for that plastic so they get to use it how they see fit. So to answer your question, he paid whatever percentage of profit they made off of the sale that was allocated to cover the R&D cost.

      --
      Walk with Music;
    107. Re:Bogus question. by orclevegam · · Score: 1

      I wonder if the iPhone was sold with a contract to be signed? I know that at least for a while, when you bought a Tivo you explicitly signed a contract and agreed to sign up for service for X amount of time when you bought it. You signed right on the sales form, just like you would for a credit card purchase.

      You're right, the legality of a EULA has yet to be proven one way or another, although some recent rulings seem to indicate it's not as enforceable as some companies would like. But as to your two examples, both of those items have a service contract associated with them which makes them a slightly different beast than normal consumer electronics. The catch with both of those items is they are explicitly NOT sold without a service contract, and it's the service that you're signing the contract for, not the item itself.

      --
      Curiosity was framed, Ignorance killed the cat.
    108. Re:Bogus question. by cez · · Score: 1
      Regardless of how much is spent on R&D for the device, you are missing the fact that that cost is covered in the price of the item. What does it matter how much they spent developing it? Did they invent the plastic that it contains? No? But wait, what about all the R&D that GE Plastics or whoever put into years ago to fabricate the process used to create the plastic, did they get a signed contract stating they can use it for the DS? Oh right... they paid for that plastic so they get to use it how they see fit. So to answer your question, he paid whatever percentage of profit they made off of the sale that was allocated to cover the R&D cost.


      PS. bahhh...replied to the wrong parent before so reposting

      --
      Walk with Music;
    109. Re:Bogus question. by clarkcox3 · · Score: 1

      yes of course it is up to the seller to determine the terms of the sale. its called a contract
      I don't remember signing a contract when I bought my PlayStation/GameCube/DS/whatever. There is no contract beyond: I give you $X, you give me hardware.
      --
      There are no tiger attacks in my area and it's all because this rock I'm holding keeps the tigers away.
    110. Re:Bogus question. by capnchicken · · Score: 1

      Could everyone stop with the house analogies? A house sits on property, as of right now there is a very distinct finite amount of property available, and you can't move it. This makes houses (that sit on property) an entirely different animal, and not comparable to consumer products AT ALL, and in that vein even MORE different then completely intangible things like information (ideas, music, software, etc...).

      --
      A libertarian shat on my carpet once. Claimed the free market would sort it out. -Ford Prefect(8777)
    111. Re:Bogus question. by compro01 · · Score: 1

      and since we were originally talking about a DS/otherconsole, the house analogy is completely irrelevant to it. while it is possible for them to make you sign a contract to the effect, they didn't, thus you should be able to do pretty much anything you want to do with it.

      --
      upon the advice of my lawyer, i have no sig at this time
    112. Re:Bogus question. by Danse · · Score: 1

      Though they would likely charge you a shipping and handling fee as well as a materials fee for the new disk itself. Exactly why we should be able to make backups. Without that ability, we end up having to repeatedly pay to retain the software/movie/whatever just because they are distributed on a fragile medium.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    113. Re:Bogus question. by mhall119 · · Score: 1

      I'm surprised there hasn't been some discrimination or other type of infringment suit brought against a HOA which would not allow you to buy a home if you didn't sign a HOA agreement? You cannot discriminate based on race, gender, or ethnicity. Other factors, even age, have been upheld in court. Purchasing a home in a neighborhood covered by an HOA will have in the purchase contract your agreement to abide by the current and future rules established by the HOA over certainly aspects of your new purchase.
      --
      http://www.mhall119.com
    114. Re:Bogus question. by Mister+Whirly · · Score: 1

      With the law clearly infringing upon an owner's right to perform non-infringing activities with his own property illustrates that the law itself is a bad law.

      Wow, sounds just like the draconian non-smoking laws that tell a private business that certain legal activities cannot be done on premise...

      --
      "But this one goes to 11!"
    115. Re:Bogus question. by nicolastheadept · · Score: 1

      In the UK some EULAs are illegal. For example, copyright law gives me the right to reverse engineer something in order for it to work with something else. Any EULA that attempts to prevent me from doing that is illegal.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    116. Re:Bogus question. by mstahl · · Score: 1

      I know this is not the case with the Nintendo DS because Nintendo's policy has always been not to do this, but many game consoles are sold to the consumer at a loss. So your PS2 and Xbox actually cost more to make than you paid for them. Same with the PSP. They sell the console to you at a loss under the presumption that you will purchase games from their partners, putting licensing fees in their pockets that will more than make up for the loss.

      So, yeah. The companies that make game consoles have a vested interest in not allowing you to just run whatever software you want to on there, because buying games is what gets them their money.

      (Again, though, Nintendo's policy has always been to sell their consoles at a profit. So even with the Wii being as cheap as it is, it's not sold at a loss but the Playstation 3 is. Wild!)

    117. Re:Bogus question. by Madcow256 · · Score: 1

      There's a difference though. They've designed the product to work in such a way that prevents me from using competitors supplies. However, once I've purchased their product, I'm free to do whatever I want to it, including workarounds to use third-party supplies. With consoles, they have already implemented these features that make it hard to use games they don't want me to buy (region encoding, etc). If I find a means to circumvent this (say, a mod chip) so I can play backups or games sold in another region, why shouldn't I be allowed to do that? Why does the law need to be invovled? Its one thing if I'm caught committing copyright infringement by downloading games I haven't purchased, but possession of a mod chip alone shouldn't be committing any sort of crime any more than putting a third-party ink cartridge in your printer should. Which is, not at all.

    118. Re:Bogus question. by Anonymous Coward · · Score: 0

      stop whining about the constitution like its the fucking word of god. times change

    119. Re:Bogus question. by Anonymous Coward · · Score: 0

      "Am I now a criminal mastermind modchip creator, just because I have the tools required to make them?"

      Are you selling / distributing / profiting off of them?

    120. Re:Bogus question. by plague3106 · · Score: 1

      If your kids tear pages out of some of your books, do you think that publishers should give you another copy for "just the cost of media?"

      Your argument is absurd, this was never expected from book or magazine publishers, VHS tapes or DVDs, why do you expect that software companies should give you a disc that got destroyed?

      Maybe you should keep things out of reach of your kids if they are that destructive.

    121. Re:Bogus question. by plague3106 · · Score: 1

      You don't see how you've signed away the right to build a fence of the HOA says no? Well you can split hairs all you like, but you still won't be allowed to build a fence. Also FWIW, the association doesn't own the neighborhood; each plot of land is owned by individuals, and the street is public property.

    122. Re:Bogus question. by plague3106 · · Score: 1

      The blanket statement that said "I own it, I can do what I want with it" is what I was addressing. Nothing more, nothing less. I wasn't arguing as to the validity of no mod chip policies, just trying to show that even when you do own something there can be limits placed on you (either by a private party or government).

    123. Re:Bogus question. by Anonymous Coward · · Score: 0

      Why would anyone want to compare the Constitution to the word of god? (The constitution was put together much better then anything god's ever 'written')

    124. Re:Bogus question. by Danse · · Score: 1

      If your kids tear pages out of some of your books, do you think that publishers should give you another copy for "just the cost of media?" No, but I'm allowed to photocopy a book if I fear my kids destroying it and give them the copy to read. Nobody will arrest me for that. Nor do books come with the restrictions that we get with electronic media. Definitely not a good analogy.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    125. Re:Bogus question. by PitaBred · · Score: 1

      Nintendo makes money on licensing of games sold as well. If they force you to buy more copies of games by doing this, they'll make more money, and attract more developers to their hardware by showing that they're hard on piracy and won't put up with we customers trying to think we're more than mere consumers. It's not that hard to understand.

    126. Re:Bogus question. by asdfghjklqwertyuiop · · Score: 1

      You got ownership of that copy of the firmware. When selling a console nobody presents a license to which you can consent or reject, they just take your money and give you a copy of a copyrighted work. Period.

    127. Re:Bogus question. by Danse · · Score: 1

      The blanket statement that said "I own it, I can do what I want with it" is what I was addressing. Nothing more, nothing less. Yes, but you used a straw-man to try to make your point. Nobody is arguing against the validity of contracts here. The argument is that a EULA is after-the-fact, and therefore not a true contract. You can agree to limitations on something in a contract signed before the transaction is made, but you can't be forced to agree to a contract after you've already made the purchase.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    128. Re:Bogus question. by asdfghjklqwertyuiop · · Score: 1

      it's up to them to determine the terms under which they offer it for sale


      Sure, they could present terms to which buyers must agree when offering it for sale. But they don't. They just take your money and give you the machine. There are no terms whatsoever.

      They certainly can't dictate terms of use on things that aren't theirs.

    129. Re:Bogus question. by skarphace · · Score: 3, Insightful

      Except that you are only buying the hardware.

      The firmware/software are licensed to use. You dont actually get ownership. But that's exactly the point. They're busting people for modding their devices, not for pirating software.
      --
      Bullish Machine Tzar
    130. Re:Bogus question. by supervillainsf · · Score: 1

      While I haven't bought a console in quite a long time so there is the possiblility that I might be mistaken here, but I don't think you are getting a license to use an XBOX when you buy one. You OWN the damn thing and can void the warranty all you like. If you chose to take it apart that is totally your business what you do with it once EBGames or whoever has put your cash in their register.

      If you buy a toatser do they have the right to raid your house if you purchase some magic slot widing device so you can fit a whole english muffin in there, I doubt it.

      What amazes me is that from my understanding of the Betamax thing is that from past precident that mod chips should be fine since, as some people have posted here and in the comments on TFA, they the only way to run alternative OS's (Linux) on these systems is to mod it.

      I wonder if anyone who has been raided is in this situation and if tha lack of pirated games will be a defence or if they are screwed either way

    131. Re:Bogus question. by plague3106 · · Score: 1

      I didn't use a strawman; I cited an actual case where you can own something and be restricted in its use. I think you should check the definition of the strawman argument, far too many people here use it like you have (which is also part of the definition of strawman).

      You really need to go back and read the thread; I was attacking the example of owning a home which itself was a strawman for pro-mod chip argument.

    132. Re:Bogus question. by pilot1 · · Score: 1

      In terms of technology, the mod-chip's only function is to circumvent protection put there by the console makers. For it to have substantial non-infringing use, it would have to have another technological purpose outside of circumventing protection; it doesn't. My xbox is modded. I use it to run GNU/Linux so that other family members can use it for simple webbrowsing and instant messaging. The "protection" put in place stops any form of unsigned code from running, as well as copied games. You might have a case if the protection ONLY prevented me from playing copies of copyrighted material, but it doesn't (and even if it did, the fair use argument could still be made). The protection is designed to protect Microsoft's business model--they don't want you to run anything but games on your xbox--not to protect their copyrights. How is circumventing this type of "protection" wrong? I own the physical hardware and I ought to be able to modify it. I'm not even infringing on any firmware/bios copyrights, as the Cromwell bios used to boot GNU/Linux is not based on MS' bios as some of the others are.
    133. Re:Bogus question. by Anonymous Coward · · Score: 0

      What happens when discussion becomes irrelevant? In the last 50 years of talking the USA is just slipping farther down the slope. Bad laws are meant to be broken. When the law makers are deaf to the public discussion then its time to get a big stick! That's how movements have always started. Ignore bad laws, when enough do it, and the fighting starts, maybe we'll start seeing the America we sing about in the national anthem. By the way, how many actually know the words to the national anthem anymore? I've noticed that movements/uprisings are treated and taught more as dirty words over the last decades but we sure need them. It's nice to know that the creators of biggest uprisings in the last 100 years are the biggest rapists of all, babyboomers, you're in charge so where's all the promised utopia. America has been pretty ethically whimpy the last 40 or so years, stand up for something besides greed. Our ancestors must be spinning in their graves from how twisted this country has become.

    134. Re:Bogus question. by nurb432 · · Score: 1

      You need to read your contract/EULA better.

      Its a right to use contract for the $ you paid. You only recourse for not agreeing is returning it for a refund ( also stated in the contact )

      --
      ---- Booth was a patriot ----
    135. Re:Bogus question. by nurb432 · · Score: 1

      Modding normally involves some sort of change to the firmware. I never said 'pirating software'. Just modifying it is against the EULA. Any use of the firmware/software that isnt permitted by them isnt allowed legally.

      Now, for the record i personally feel its *my* box to do with as i please once i fork over the cash and take it home. But its not what i think that matters here, its the court.

      --
      ---- Booth was a patriot ----
    136. Re:Bogus question. by Achromatic1978 · · Score: 1

      Of course, if you're, say, a state treasurer, you could always claim that those 200 mod chips were for personal use, since you intended to share them / give them away to people, rather than sell them. Hey, it works for someone who just scored almost 500 grams of coke.

    137. Re:Bogus question. by DamnStupidElf · · Score: 1

      Your post is dripping with contempt for the people who actually make stuff. 'so-called inventors' is a great example. Who did invent the mentioned nintendo games console then? you? your mates? How much of the R&D budget for the device did you contribute?

      The entire point of a market (free or otherwise) is that goods are commodities, which means in general that there is no difference between a good created at Nintendo and one created by me. That implies that the same rights apply to a bought game station as one that is home made. Obviously copyright, patent, and trademark laws put some restrictions on this idea, but I don't think that playing games you wrote yourself is a violation of any of those rights, or should be in any possible case.

      If you want to be realistic, everyone who has ever bought anything from Nintendo has personally funded their R&D budget. Money doesn't grow on trees, and even investors expect the revenue from customers to pay their dividends.

    138. Re:Bogus question. by asdfghjklqwertyuiop · · Score: 1

      You need to read your contract/EULA better.

      Its a right to use contract for the $ you paid. You only recourse for not agreeing is returning it for a refund ( also stated in the contact )


      The EULA is irrelevant. They already sold you that copy of the firmware without your acceptance of any contract. It became yours with no special terms attached. They can't later present a contract which forces you to give back something that is now yours. If you don't think so then I have a contract for you:

      You agree to pay me one million dollars in exchange for the continued use of your own computer. If you do not agree, your only recourse is to return your computer to sell or return your computer.

      Do you agree?
    139. Re:Bogus question. by bar-agent · · Score: 1

      Are you suggesting that judges become *gasp* activists?

      Perhaps that jurists become activists... which seems fine to me. After all, jurists are the citizenry, and the citizenry can be activist -- in fact, they *should* be activist.

      --
      i'd hit it so hard, if you pulled me out you'd be the king of britain [bash.org]
    140. Re:Bogus question. by nurb432 · · Score: 0, Troll

      You are an irrational idiot. No value in continuing this with you so I wish you luck explaining yourself to a judge sometime down the road.

      Have a nice day.

      --
      ---- Booth was a patriot ----
    141. Re:Bogus question. by asdfghjklqwertyuiop · · Score: 1

      If you find the concept of owning property to be irrational than it is clearly you that is the idiot.

    142. Re:Bogus question. by Hucko · · Score: 1

      Okay for the uninformed and non local to you (mwah), what is an HOA?

      --
      Semi-automatic amateur armchair Australian philosopher; conjecture ready at any moment...
    143. Re:Bogus question. by kryptkpr · · Score: 2, Insightful

      Your post is dripping with contempt for the people who actually make stuff. 'so-called inventors' is a great example.

      I'm a Computer Engineer. I design (proprietary) hardware. In my spare time, I'm a Software Engineer. I design (open-source) software. I am perfectly well aware of how difficult the design process is from both sides of the equation, and have no contempt what so ever for the hard-working individuals who work night and day so us geeks can have new toys to play with.

      Who did invent the mentioned nintendo games console then? you? your mates?

      The aforementioned hard-working individuals did. And you know what? They often hold neither the patents nor copyrights to their work (since their development time has been bought) so I fail to see how the actual developers factor into this discussion. The contempt that drips from me is specifically towards "so-called" inventors. Individuals or groups of individuals that claim incredibly obvious or non-original ideas as their own, and end up owning them due to slip-ups in the way the current intellectual property system is structured.

      However, you're steering this discussion away from where we started from. I do not believe that anyone (not the inventor, developer, financer, or any other group) has the right to tell me what I can and cannot do with their product (except re-distribution in the case of easily reduplicated products, but copyright covers this).

      If they want to impose restrictions above and beyond those which are already offered by copyright and trademarks (NDAs are very common with commercial hardware development packages), these restrictions must be agreed to and signed by both parties before the time of sale.

      If modifying hardware breaks someone's business model, they can 1) adapt with a better business model, such as charging more up-front, or 2) cease to manufacture the good.

      For a great example of a very poor business model that's been destroyed by hardware modifications, check out Pure Digital / CVS Disposable Camcorders. You are supposed to buy them (cheap), use them, and return them (for resale). I bought 5 of them and modified them to have USB ports (=added/enabled extra functionality, exactly like the modchips we are discussing here) and have no intention of returning them.

      Is it your view that I've done something wrong here? I paid them what they asked for the camera, but once I walked out of the store with it.. it's mine.

      --
      DJ kRYPT's Free MP3s!
    144. Re:Bogus question. by Danse · · Score: 1

      I didn't use a strawman; I cited an actual case where you can own something and be restricted in its use. The original poster said nothing about signing a contract, and there are no contracts involved in the purchase of a console either, which is the topic of discussion and the situation that the OP was making a comparison with. You then made an argument that he was wrong about not being able to do what he wants with what he purchased, if he had signed a contract saying he couldn't do what he wanted with it, as if that had anything at all to do with his example or the topic we're discussing. You changed his argument (by inserting the HOA contract stuff in there) and acted as if that proved something. That is most assuredly a straw-man.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    145. Re:Bogus question. by ScrewMaster · · Score: 1

      Yes, times change. The Constitution doesn't, unless modified by process contained within itself. It is, after all, the Supreme Law of this Land, and if we don't give it even more importance than any of the various purported "Words of God", we're in for even more grief. The Constitution served us well until we decided to ignore it, and the wisdom of the Founders. The truth of the matter is that you're right, we have changed ... and for the worse, but not in any ways that obsolete the Constitution. Quite the opposite, in fact.

      We should get back to listening to the Founding Fathers before we end up another failed, corrupt third-world culture like that of our friends south of the border. It is happening, and the pace is quickening. So be damned careful before you dis the Constitution, bro.

      --
      The higher the technology, the sharper that two-edged sword.
    146. Re:Bogus question. by HermMunster · · Score: 1

      Everyone has to ask a few important questions to themselves here. Are we really in danger from mod chips? Are they ruining our economy? Are there not more important matters to hold the attention of the police authorities? Are we willing to just ignore the fact that big fat corporate dollars are influencing the way in which crimes are handled (or rather real crimes are not handled due to perverted alternations in police priorities)? Are we willing to put into law the necessary laws to stop big corporate from taking away our police authorities from their normal jobs of fighting real crimes such as rape, murder, theft, assault, arson, kitty cats caught in trees (ohhh, sorry that's the fire department), drug dealing, etc?

      No way could these guys have been stealing sufficient business away from anyone to justify this sort of raid and the manpower behind it necessary to carry it off. Did big corporate such as Microsoft pay the police authorities (directly or indirectly) to push to stop the sale and distribution of a few mod chips that could barely even create any noticeable impact of crime on any industry.

      This raid was designed to make a statement to modders. It is that they are willing and capable of manipulating our police authorities for even the lowest of priority alleged crimes.

      To top that off, no crime has really been committed. It is silly to even allow these raids to take place for something that is realistically question of a DMCA violation.

      From what I understand the only mod chips are available for xboxes--and possibly not even for the new Xbox 360. So they are raiding these businesses and homes for a few mod chips for a specific machine produced by a huge criminally convicted monopolist that is known for stealing IP and destroying other companies.

      --
      You can lead a man with reason but you can't make him think.
    147. Re:Bogus question. by HermMunster · · Score: 1

      What would make me covered if I bought it used? Nothing. I could never be considered covered by any contract because I purchased the unit at resale. Unless they are willing to say it is not possible to resell a piece of hardware. That'd be ridiculous. They also cannot create a contract with you because you need to agree to the contract before you purchase.

      I can't understand how you think that someone selling mod chips are harming anyone. If they are using it to play stolen games then it is up to them to prove the games are stolen. This is an abuse of the DMCA. The DMCA was written with the intent of large domestic and foreign corporates from stealing in this manner. If a large corporate was reproducing the mod chips instead of some poor geeky guys working at home we'd have something to question but we'd also have a group capable of defending themselves from abuses such as these.

      Bottom line, these are not big enough to do any harm to any industry. If you want to copy movies you can already do it, period. You don't even need a mod chip. Just download software from somewhere out of the US and you are good to go.

      This is simply big fat corporate abusing the police authorities time and money--essentially the taxpayer's money.

      We should be complaining more about their abuse than about some poor geeks using mod chips to run Linux or whatever.

      --
      You can lead a man with reason but you can't make him think.
    148. Re:Bogus question. by HermMunster · · Score: 2, Insightful

      The reason you disagree is that you don't believe in private ownership and he does. Once it is his it is his forever. Just like a shovel is his and is his forever. The only way to loose it is to have it stolen, given away, or taken away through due process, or it is destroyed. If he agreed to some EULA and then he gives the shovel away (or sells it) he's not obligated to ensure the transfer of the terms of that EULA nor would he. This is precisely what he's getting at.

      I did not read contempt in any post except yours. He was simply responding.

      The difference between your argument and his is that he's right and you are wrong.

      --
      You can lead a man with reason but you can't make him think.
    149. Re:Bogus question. by HermMunster · · Score: 1

      They are making this out like the money lost is lost from these mod chips. This is not true. This is absolutely an abuse of the system by these companies. As well, what does the department of homeland security have to do with this? Isn't their charter to stop terrorism from happening on our shores? Why are they being used to enforce the DMCA?

      They imply that these mod chips are causing $3 billion in damages. No, I know this is not the case but the average reader would make that connection.

      Now, if they are worried about such crimes then they would be raiding everyone's home because the computer is more powerful, faster, more flexible and more capable all round for doing the same thing.

      This is completely insane to manipulate the system through the police authorities and the courts, and to maybe pervert the charter of the DHS.

      --
      You can lead a man with reason but you can't make him think.
    150. Re:Bogus question. by dexomn · · Score: 1

      If you break it you buy it; why can't you buy it and break it? They are also laws about modifying vehicles and computer equipment but you don't see shops raided for boring engines, modifying governors, or over clocking video cards. Why? Because nobody fucking cares. They don't care because they have made the sale and it is a done deal. No hardware stores were raided for putty knives to stop people from getting into the Mac mini. If you buy physical goods it would seem logical that your are buying a conglomeration of physical materials that constitute said product. Do you own the product? Or did you just purchase the privilege of using it? Do you have to give it back to the manufacturer if you use it improperly? This is not about 'protecting' ANYTHING except corporate financial interest.

    151. Re:Bogus question. by Lane.exe · · Score: 1

      The original poster didn't want to play games. He wanted to run Linux on the hardware. He's free to make a dual-screen touch screen Linux only device and not run afoul of the patent.

      --
      IAALS.
    152. Re:Bogus question. by kocsonya · · Score: 1

      Let's give it some more food:

      > If I invent product X, who are you, or the government to dictate the
      > terms under which I profit from my invention?

      Exactly. I invented product Modchip, who are you, or the government to dictate the terms under which I profit from my Modchip?

    153. Re:Bogus question. by nurb432 · · Score: 1

      Oh, i do believe in ownership. The problem is that you dont own the 'property' contained in the code, They do.

      You own the worthless piece of hardaware that doesnt function without it. Mod that *hardware* all you want, but under the current set of laws, touch the firmware and you commit a crime. ( and if you happen to get a FPGA based piece of hardware, you really have nothing since its almost all code .. )

      Now that said, if you read my other post, i actually agree with your view of ownership personally. I also feel its mine to do as i please. The problem is the LAW doesnt. And until you realize the law doesnt agree with you, and you stop using the stupid bizzare excuses to justify it, you remain an idiot. Just because you want to wish away the law and the judge, it wont happen. Only by getting the law change will the rules change, and pretending it doesnt exist wont get it changed.

      --
      ---- Booth was a patriot ----
    154. Re:Bogus question. by asdfghjklqwertyuiop · · Score: 2, Insightful

      The problem is that you dont own the 'property' contained in the code, They do.


      Yes, I do own THAT specific copy of the code. What I don't have is the copyright on that code. However as far as I know, mod chips don't contain copies of the machine's firmware. On to the real point:

      Now that said, if you read my other post, i actually agree with your view of ownership personally. I also feel its mine to do as i please. The problem is the LAW doesnt.


      First, what law specifies that sellers may create arbitrary, legally binding terms of use on copies of data they sell after they've sold it?

      Second, the law that IS being violated here is the DMCA and it is being violated because the mod chips are a "circumvention device" and these people who are distributing them are trafficking in circumvention devices. It has nothing to do with users of said chips violating some license agreement.

      And at any rate, third, I never said anything about any law. I wasn't trying to argue a matter of law, I was trying to argue a matter of general ethics. The law will never be changed and will only get worse if people believe they have no rights whatsoever over intellectual property they purchase except those arbitrarily proscribed by the seller. And the mere concept of the seller being able to dictate said rights AFTER the purchase is simply ludicrous.
    155. Re:Bogus question. by tepples · · Score: 1

      third party games are locked out of the system by design,. this is the console business model. This is how it works. If you want a completely free open gaming platform, you have the PC. Not all game designs work on a 17" monitor; some are much more comfortable on a 27" that four players holding gamepads can fit around. Which completely free open set-top gaming platform do we have in the United States? And which completely free open handheld gaming platform do we have in the United States?
    156. Re:Bogus question. by tepples · · Score: 1

      Still no Super Paper Mario in Europe. Nintendo, I would like to give you my money. Please allow me to do so. Wikipedia says it comes out in September. I do not anticipate it being delayed indefinitely like WarioWare: Twisted! because there is no special hardware included with the disc that might break RoHS.
    157. Re:Bogus question. by Michael+Hunt · · Score: 1

      The people making the device you modded have done so on the assumption that they can sell complimentary products for it (games).

      Legislating to protect a business model violates every principle of a free market. The DMCA is a stupid law and deserves to be broken.

    158. Re:Bogus question. by Joelfabulous · · Score: 1

      Strangely enough, the sole reason I looked at buying a DS (or perhaps a GP2X) is *because* I can tinker with it using DS Linux and other such things. I am considering getting some sort of handheld that can also function as an organizer, and the notion that I can fiddle with the device (yes, at my own risk / cost / expense etc.) is intriguing to say the least.

      Then again, I may not have the time to do so. I'm considering just getting something that "just works" for the moment and leave the tinkering for when I'm done university. Then again, you only live once...

      In short, for someone like myself (though I am likely part of a very miniscule portion of their marketshare), that would be the sole reason I would wish to buy the hardware in the first place. Why should they care? The company still makes their money, and the government still takes the taxes right off the top.

      --
      Sometimes I wonder if I think too much.
    159. Re:Bogus question. by sg_oneill · · Score: 1

      Actually I have no idea on US courts, but many many courts in the world pretty much agree that when you buy software or and ESPECIALLY hardware, its yours to do with as you wish. You just cant go selling copies of it (or whatever the local IP laws are). Basically that unless the EULA was presented BEFORE you paid for it, its not worth the paper its written on.

      I'd bet infact the US has some similar positions, although those loony arbitration clauses dont give me hope.

      --
      Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
    160. Re:Bogus question. by LKM · · Score: 1

      Still no Super Paper Mario in Europe. Nintendo, I would like to give you my money. Please allow me to do so. Wikipedia says it comes out in September. I do not anticipate it being delayed indefinitely like WarioWare: Twisted! because there is no special hardware included with the disc that might break RoHS.

      Oh, yeah, I ordered that twice, only to have my order cancelled a few weeks later each time. Also, we still don't have Second Opinion, which isn't Nintendo's fault, of course, but is an other reason for a modded Wii.

    161. Re:Bogus question. by compro01 · · Score: 1

      You need to read your contract/EULA better.

      what contract are you referring to?

      --
      upon the advice of my lawyer, i have no sig at this time
    162. Re:Bogus question. by compro01 · · Score: 1

      Any EULA that attempts to prevent me from doing that is illegal.

      would that invalidate the entire EULA or just that specific section of it?

      if the former, would the "state and federate statutes may override portions of this contract" part cover their ass regarding that?

      --
      upon the advice of my lawyer, i have no sig at this time
    163. Re:Bogus question. by plague3106 · · Score: 1

      No, the OP made a blanket statement which is what I was refuting. The statement was that "if he purchased a house, he could [always] do what he wanted with it." [sic] I was pointing out that there are times when that is not true, and one of those times is when a HOA is involved. Ignoring that HOA exist is simply stupid, and the statement is equally as stupid.

      In other words, his house example intentially leaves out a concept which does exist in order to prove his point. I was just pointing that out. Omission of facts is not a good way to argue.

    164. Re:Bogus question. by jwo7777777 · · Score: 1

      Another fallacious argument applauded. The modifications to hardware to allow open source programs to operate could be argued to be lawful under the reverse engineering clauses of the DMCA. IANAL so my interpretation of this is less than expert and should not be considered legal advice.

      I do consider the arguments of the GP to be inflammatory and prejudicial, consistent with industries who rely on business models founded on specific interpretations of law or regulation. In short, the arguments of distributors, rather than producers or consumers.

    165. Re:Bogus question. by Alsee · · Score: 1

      The problem is the LAW doesnt. And until you realize the law doesnt agree with you, and you stop using the stupid bizzare excuses to justify it, you remain an idiot.

      Excuse me, but *HE* should have been saying that to *YOU*.

      US Copyright Law explicitly distinguished between ownership of a copyright, and ownership of particular copies. US Copyright law explicitly says that someone who buys a medium bearing a copyrighted work does not gain any ownership in the copyright, but *DOES* become the owner of the particular copy. US Copyright Law also explicitly says that it is not infringement to run it.

      The problem is that you dont own the 'property' contained in the code, They do.

      They own the copyright. They do not own the particular copy.
      You own the copy. You "own" the right to run that copy.

      Going back to your earlier post:
      You need to read your contract/EULA better.

      You are only bound by that contract if you choose to be be bound by it. Of course if you decline that contract offer, you receive nothing that that that contract offers you. However as I said before US Copyright Law already explicitly says you can run the software without any license whatsoever. EULAs generally offer you nothing you want, much less anything you need. (One of the few exceptions is MMORPGs where you are gaining the right to use their online servers, however you are perfectly free to run the software in whatever limited fashion without any servers, or to fully run the software by somehow coming up with your own server system.)

      You only recourse for not agreeing is returning it for a refund ( also stated in the contact )

      *IF* you accept the contract, then yes there is a term where they agree to accept it returned for a refund. However *if you decline* the contract offer, then everything in that contract is null and void. You are under absolutely no obligation to return it. You have every right to keep it and to run it.

      There are a number of tactics they try to use to get you to agree to an EULA contract, but I won't get into that here. The two main points are (1) Yes you do by law become the owner of a particular copy, and (2) if you have *not* accepted any EULA it is still absolutely noninfringing to install/run software.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    166. Re:Bogus question. by Alsee · · Score: 1

      You are suggesting that sellers of all products be prevented from setting any conditions on the sale of their products.

      Sellers can decline to sell until they first have a signed contract.

      I guess you would also mean that a EULA should be unenforceable

      If I decline to accept an EULA, then it is unenforceable.

      If they have already sold me a product and it happens to come with a contract offer (perhaps a contract offer that happens to be labeled "EULA") then I have the choice of accepting that contract and receiving whatever it offers, or declining that contract and forgoing whatever it offers.

      and thus abolish copyright when it comes to allowing you to make copies of digital products?

      That is a total non sequitor. Saying that an EULA contract offer is not enforceable in no way abolishes copyright law.

      In fact copyright law explicitly says that it is not infringement to install and run software, that you need absolutely no license at all to install and run software. It is absolutely not infringement to install and run software if you have declined an EULA and declined everything it offered.

      EULAs rarely offer anything you want, much less anything you need. A rare exception would be an MMORPG EULA which offers something you might like, but still nothing you need. An MMORPG EULA contract may include an offer of internet server services, something you likely want. However if you decline the EULA offer you can still install and run it in whatever limited fashion without internet service, or you could somehow come up with your own server setup to get the software to run fully and properly. So it's still just a "want" and not a "need".

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    167. Re:Bogus question. by Alsee · · Score: 1

      Could everyone stop with the house analogies? A house sits on property, as of right now there is a very distinct finite amount of property available, and you can't move it. This makes houses (that sit on property) an entirely different animal

      I agree, stop with the house analogies. All analogies should be to cars.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    168. Re:Bogus question. by Rakarra · · Score: 1

      They might be a little more charitable if someone could come up with a modchip that let you load an alternative OS on the device but didn't allow for pirated games. I don't see how that would even be possible though, so they'll continue to bust mod-chip makers as long as those chips facilitate copyright infringement.

    169. Re:Bogus question. by Rakarra · · Score: 1

      There's a difference though. They've designed the product to work in such a way that prevents me from using competitors supplies. However, once I've purchased their product, I'm free to do whatever I want to it, including workarounds to use third-party supplies.


      Actually, the printer example the grandparent used was probably a reference to Lexmark's invocation of the DMCA to stop third parties from making toner cartridges that were compatible with Lexmark printers. As well, the DMCA was invoked to crack down on XBOX mod chips which allow you to play third-party games, backup games, and pirated games. The XBOX action was allowed to stand, but after Lexmark won a preliminary injunction, their suit was tossed.

    170. Re:Bogus question. by Fedarkyn · · Score: 1

      "The people making the device you modded have done so on the assumption that they can sell complimentary products for it (games)"

      they have this assumption, but it is not true for everyone... if I own the hardware I can do anything with it.

      as an example, large companies are making clusters of PS3's to make complex calculations that huge mainframes cant to as efficiently. Are they doing something illegal?

    171. Re:Bogus question. by MBraynard · · Score: 0, Flamebait
      In short, the arguments of distributors, rather than producers or consumers.

      Typical argument of media theifs that they aren't stealing from the producers. WRONG. The distributors work as agents of the producers. It's so lame and immature - you sound like a petulent child making stupid arguments about why they should get to smoke pot.

    172. Re:Bogus question. by geminidomino · · Score: 1

      Actually, I've never seen a EULA for any of my DS games either...

    173. Re:Bogus question. by geminidomino · · Score: 1

      stop whining about the constitution like its the fucking word of god. times change I didn't know you posted on Slashdot, Mr. President!
    174. Re:Bogus question. by geminidomino · · Score: 1

      And which completely free open handheld gaming platform do we have in the United States? GP2X.

      Of course, true to form now, you will weasel out of it like you do every time you ask that stupid question, by claiming that just because you can't buy it at best buy, it doesn't exist.

    175. Re:Bogus question. by Yfrwlf · · Score: 1

      Thank you. =P
       
      I just wonder how long it'll be before everyone thinks that it's a business's god-given right to do whatever the hell they want to do in order to get money. It's like when the airline companies suffered because of the fear of flying after 911, and the government compensating them because of it. Awwww did your business model fail, weee're sorryyyy here's a few billion out of the pocket of taxpayers. WTF is happening to this country.
       
      Business: "We're going to put this black box into your home that spies on you and forces to to watch the things we want you to see!"
       
      Consumer: "Aww you poor dears, your business model relies on that, it's OK then I guess!"
       
      ...is what is slowly happening here. The younger generations grow up thinking this kind of abuse is perfectly normal, and companies continue to get away with it more and more. It's like they're growing up slaves to the system and get used to it.
       
      Message to all businesses: Consumers will share information, especially in this age of information technology, get used to it and adjust as necessary.
       
      You're in the newspaper industry? Adapt or die. Gaming? Adapt or die. Horse and buggy? Good job, you finally adapted or died.
       
      You fuckers can't turn this country into a police state with the FBI raiding some kid's home for sharing a song or movie with their friend just because a fucking industry thinks they need to use some outdated ancient laws that need to be removed from the law books in order to protect their revenue streams. If the government wasn't controlled by lobbyists with deep pockets and actually stood up for consumers, we wouldn't have this mess.
       
      If anyone is thinking about it, don't give me the "Oh, it helps consumers, because otherwise no one could make anything for them that's information-based." I think that's total bull. Companies are very capable of finding alternate models, look at the uprising of the MMOGs, gaming has become a service. Instead of all games being a service, what is needed is for games to be paid for before they are released. The funny thing is, many games already are. Yeah yeah, I know that many games make more money after than before release, especially if they don't have a name for themselves, which is why systems to unify and sample games need to be created so that payment can be made before release. The problem is they haven't needed to since laws have helped them, just like the horse and buggy industry fought to stop the automobile. It's very possible to make these new models work, and I've been trying to work on creating it on my own project I'm working on. Unfortunately, no one else seems to give a damn, lol, so it's kind of slow going. That and I've had no free time. =P

      --
      Promote true freedom - support standards and interoperability.
    176. Re:Bogus question. by JimDaGeek · · Score: 1

      The people making the device you modded have done so on the assumption that they can sell complimentary products for it (games).
      So what. Should laws be passed to allow companies to make money based on "assumptions"? Shouldn't a company have to do things to compete like... take risks?

      Why should any company be allowed to restrict usage on a physical product after a customer has paid for and bought (not leased) the product?

      I will tell you why. Because these companies have bribed our "representatives" heavily to pass laws to make their products more successful and to hinder competition. Products should stand or fail on their own, not because some law limits its use after a purchase.

      I wonder how many millions of tax-payer dollars has been spent on this raid instead of oh, I don't know, maybe using it to stop dangerous criminals.

      Punish restrictive practices through the market, not by breaking the law.
      That is text-book capitalism and it doesn't exist anymore. Companies scheme together in areas to limit competition. For example, look in just about any market where there are only a few dominant companies and you will price fixing, no real service differentiation, etc. Restrictive practices are generally adopted in a similar manner by the big players so customers won't leave one to go to the other.

      Look at phones for example. Here in the USA I don't know of any phone company that offers a truly competitive customer-oriented service. I signed up with Verizon and got two Razr phones. After 3 months my wife and I didn't like the phones and I went to BUY new phones and keep my account. The only option I had was to pay $175 to cancel my current account, buy 2 new phones and start a new 2 year agreement. I was so PO about this that I went to ever cell phone company in the city. They all WERE THE SAME. The only other "choice" I had was to get a pay as you go phone where they demanded my SSN and charge outrageous per minute fees.

      I, as I am sure many others, could list dozens and dozens of examples with these types of restrictions in just about every market here in the USA. I would like to know where this "free" market exists, because it is not here in the USA.

      The only thing we have here in the USA is corrupted capitalism backed by bribed representatives.
      --
      General, you are listening to a machine! Do the world a favor and don't act like one.
  2. We've been over this by Rogerborg · · Score: 4, Informative

    The DMCA doesn't prohibit having a backup, just creating, obtaining or distributing the tools to make or to use one. That's the risible position that the DMCA puts us in.

    --
    If you were blocking sigs, you wouldn't have to read this.
    1. Re:We've been over this by conspirator57 · · Score: 0, Flamebait

      But they assured us it wouldn't impact legitimate customers, I mean "law-abiding citizens"! How could you have doubted the benign motives of our popularly elected government?

      Seriously, though, I'd say someone in the executive is looking for a promotion. Based on where campaign donations go, I'd say they've read the tea leaves that say the GOP is out in 2008 and are even now currying favor with those funded by hollywood, etc.

      How much enforcement has there been of this before now?

      --
      "If still these truths be held to be
      Self evident."
      -Edna St. Vincent Millay
    2. Re:We've been over this by Kjella · · Score: 1

      Not to mention algorithms, keys or even weaknesses in the system that could lead to circumvention. Basicly they've made sure that if there was an opportunitiy to do it under the "fair use" or "security research" clause, it's about as easy as doing it while blindfolded, chained and locked in a chest at the bottom of the sea like some Houdini.

      --
      Live today, because you never know what tomorrow brings
    3. Re:We've been over this by Foxxe · · Score: 0

      Who run Bartertown?

    4. Re:We've been over this by Cleon+I · · Score: 1

      I use a "slide tool" to play backups on my PS2. It's basically just a piece of plastic cut to the right shape so I can wiggle it around in my PS2 and open the disc drive without pressing the eject button. Is my little piece of plastic illegal?

  3. $3 billion a year? by mtmra70 · · Score: 0, Interesting

    It is interesting that they say pirated games cost the industry $3 billion a year. Since most systems, I mean Microsoft, is pretty good about blocking online play (or online connection) of modded systems and copied games, they can not claim that as a loss. *If* I download a game today, I am fairly confident that A) my system will be banned B) the game will not work online.

    So really, Microsoft is doing pretty good about creating a system that is always online. If a few years from now your console HAS to be online, the copied games industry will shrink even more. Sure, people will be able to change the packets, blah blah blah, but where we stand today compared to 4 years ago the software companies are far better off.

    1. Re:$3 billion a year? by Chmcginn · · Score: 1

      I don't think Microsoft, Sony, or anyone really wants to make a game console that has to be connected to the internet, especially the bandwidth hogs they have now. It limits their market too much. They'll add a million features to entice people, but I think they know they'd lose a lot of buisness if we couldn't play single-player games without having the console connected.

      --
      Have you been touched by his noodly appendage?
    2. Re:$3 billion a year? by Opportunist · · Score: 1

      Well, it worked for an OS to be connected to the 'net at least once every 6 months, I don't think it's far fetched that they'll require the same for game consoles soon, too. It needn't be a permanent connection, can you see people using modchips when they have to go online once a month (and get "updates" crammed down their throat), or do you think that would be too much a deterrent with WiFi becoming more and more mainstream and consoles (see Wii for reference) being able to use WiFi instead of cable based networking?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:$3 billion a year? by GrayCalx · · Score: 1

      I was going to comment on the $3 billion number as well. Where did they get this from? Are they basically counting all of the illegal copies and multiplying that by what the industry would've made? I only ask, because in my case, when in the past I modded my ps1 and xbox and yes I even copied games from friends and downloaded and burned them out. But the majority of those I would never have bought. In fact the only reason I bought a ps1 was because I could copy games, I never would've bought the console if I couldn't.

      So, I mean I realize what I did then was illegal and I'm not trying to justify that by making excuses, but I'm guessing that 3 billion is a bit exaggerated. Just because you find 100 burned copies of My Pretty Ponies in some modders' basement, doesn't mean they would've lost 100 sales had he not been caught.

    4. Re:$3 billion a year? by nonsequitor · · Score: 1

      You obviously have never heard of the XLink Kai network. You can run a daemon on your router which will redirect all XBOX Live requests to a free online gaming network. This can be used with both modded or unmodded XBOXs.

    5. Re:$3 billion a year? by sumdumass · · Score: 1

      It is interesting that you comment about all the stuff they are forced to do to stop you from being able to use your system if the game is pirated but neglect to take that into consideration with the 3 billion in costs.

      I don't agree with the number either, but it would seem to me that the cost of combating pirating is included in the actual losses from sales. And this doesn't touch on the IFs of would that person buy the game anyways if he couldn't get it for free.

      Personally, I don't think people would spend the money on the games. That's why they pirated them. You rarely find a casual thief that can afford to buy something and go through the trouble of stealing it instead. They obviously think the value doesn't match the price and while maybe they would steal it again, they likely wouldn't buy it outright.

    6. Re:$3 billion a year? by mtmra70 · · Score: 0

      No, I have heard of it, but what fun is it to play on a network with other illegal systems? I LOVE the Live system because I know that the systems are unmodded and the glitches are kept to a min (and usually patched very quickly). Half the fun of the 360/Live system is battling with friends on your gamer score, achievments and various other in game scores.

    7. Re:$3 billion a year? by Firehawke · · Score: 1

      You're incorrect on this one.

      It only redirects LAN-mode games (from ANY console, not just X-Box)-- XBL modes are not supported at all due to a heavily-encrypted client-server protocol that nobody has really done anything to try to reverse engineer.

      It runs on more than just a router, it's also a PC-side application.

    8. Re:$3 billion a year? by dmitrygr · · Score: 1
      From an article on this elsewhere:

      According to the Entertainment Software Association, mod chips cause the industry to lose billions worldwide in lost sales. The U.S. Chamber of Commerce speculates that they cost the U.S. economy between $200 billion and $250 billion every year, at a loss of 750,000 jobs. ICE agents were seeking the manufacturers and distributors or such devices in Wednesday's raid.

      750,000 jobs?? For comparaison: the WHOLE I.B.M. employs only 322,000 people, Microsoft employs 71,000 people, and E.A.(a good-size game development house) employs only 3,600 people. Do they dare claim that Modchips cost the industry losses of the number of jobs equivalent to more then 200 good-size game-development companies?

      Now on to profits. 200 billion per year to the "economy"? Assuming this is at 15% sales tax rate, this means that value of games sold altogether is about 1.33 TRILLION dollars. (I assume the sales tax goes "to economy" the rest goes to the game company). Even at $100/game, this is about 13.3 BILLION game sales losses per year, or about 36,529,680 game sales losses PER DAY. To put this in context: if EVERY USA resident has a game console, this means that EVERY day one in eight pirates a game...

      I would like to have a chat with the math teacher of whoever came up with those numbers...

      --
      -------
      1. Enjoy your job
      2. Make lots of money
      3. Work within the law

      Choose any two.
  4. Of course Not by Kranfer · · Score: 4, Interesting

    I am going to have to say no... The reason is.... Media degrades over time, and get scratched to hell and such. I own over 500 DVDs, however some of them are "unwatchable" either from storing them in those cheesey folder cases or just letting them sit around on my desk... Some of them are backed up some I bought anew... But I think making personal backups of software SHOULD be legal.... the companies that make this stuff could make money off this by selling an option to make backups for say... a dollar per backup and has to be registered to yourself with a separate backup serial key... DMCA goes too far sometimes....

    --
    -- Josh
    "Whoopie! Man, that may have been a small one for Neil, but that's a long one for me!" - Pete Conrad
    1. Re:Of course Not by mwvdlee · · Score: 1

      My Audio CD collection contains a fair number of CD-R discs in original sleeves, because the original discs got damaged too much (usually still plays, but with "dents" and hic-ups). So I just burned my own MP3 rips to a quality CD-R and use the backup disc. Proof enough for me that backups are both required and a good solution to the problem of damage to the physical carrier of the purchased media.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    2. Re:Of course Not by Anonymous Coward · · Score: 0

      the DMCA does not got too far sometimes. The corrupt individuals that interpret it and use it for their ill gotten gains do.
      The DMCA is like a bullet, they are perfectly safe until someone puts it in the gun and aims it at your head.

      It's the morally bankrupt and corrupt that use the DMCA this way, and it's sad that the US residents are not rioting in the streets that the government has such blatantly corrupt people in it.

    3. Re:Of course Not by MaxDuo · · Score: 1

      I know some people often do need backups due to poor care taken with their discs (leaving them on the floor, table, etc... I've seen tons of it). But I've never really thought I needed any backup as mine instantly go into the player or in it's case and nowhere else.

    4. Re:Of course Not by Dog-Cow · · Score: 1

      And like a bullet, its only purpose is to harm.

    5. Re:Of course Not by HitekHobo · · Score: 2

      I wonder why a rider wasn't put into the DMCA forcing all content providers to provide free replacement copies upon request? Oh right... the content providers wrote the bill.

    6. Re:Of course Not by jointm1k · · Score: 1

      Except this bullet is not just a single bullet. It is more like a claymore mine.

      --
      You know it makes sense, a little reminder from jointm1k.
    7. Re:Of course Not by dwarfking · · Score: 3, Insightful

      But now you are impacting another part of a manufacturer's business model: planned obsolescence.

      If the original CD does not wear out, then the manufacturer can only make money off of you one time on the original sale.

      So obviously fair use copying is just another form of piracy!

    8. Re:Of course Not by mwvdlee · · Score: 1

      On the way between the player and the case (i.e. accidental drops), they can get damaged. If other people (i.e. family) have access to the CD's, they can get damaged. Even inside the player they can get damaged, by the players themselves. I also have had CD players in my cars for well over 10 years and used to carry around a portable CD player back when MP3 players didn't exist; these are definitely susceptible to shock. And then CD's just degrade over time, even if you never expose them to humidity, dust, light or air in general. Cleaning CD's damages them as well, in a more permanent way than whatever needed to be cleaned off it does. Some of my earliest CD's (starting from 1991, I think) have just aged; pretty good considering they claimed just 10 years back in those days.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    9. Re:Of course Not by MaxDuo · · Score: 1

      True. Though part of it also is I'm pretty OCD about things. So I tend to take really good care of them. Family also rarely used my cds and whatnot, and I rarely lent the CDs out to friends too. Hmm.. Either I never moved mine much or had a good CD player because I used to carry mine everywhere with me to listen to them and never really messed them up all that much. Though true, I guess CDs do age as well. And something always could happen in the player...

    10. Re:Of course Not by Anonymous Coward · · Score: 0

      If you allow a serial killer who uses guns to kill people anywhere near a loaded gun, what do think will happen?

      Its a [apparently little known] fact that if give power, it will sooner or latter be used for corrupt purposes.

    11. Re:Of course Not by Anonymous Coward · · Score: 0

      They want us to purchase it each time we scratch or album or CD, or move from one format to another (album -> CD -> DVD audio -> ipod). Over the years, I have purchased Pink Floyd Dark Side of the Moon about 4 times (album twice, CD twice). A good backup would have limited this to maybe 2 purchases (or 1 if the original album was very clean). Preventing backups is in the best interest of content providers -- more to their bottom line!

    12. Re:Of course Not by neersign · · Score: 1

      the companies that make this stuff could make money off this by selling an option to make backups for say... a dollar per backup and has to be registered to yourself with a separate backup serial key

      F-bomb that. Backups SHOULD be legal, yes, because I own (or should own) the data on the disc once I have purchased it. Once I own that data, I should be able to access it in any fashion I choose, whether it is off the original disc, off a backup disc, off a hard drive, whatever. I already paid for the data, the data is still in the exact same form, it is just on different physical media. And should my data become corrupted, they should offer free replacement.

      A mod-chip is just one means to an end. There are other ways to circumvent copy protection, but the mod-chip offers some advantages over the others. Just because it circumvents copy protection does not automatically mean that it is used for playing illegally copied games. That is just one 'end'. There are several different 'ends' that the mod-chip is a 'means to'. I could use several analogies about my hands being used to kill some one or my back yard being used to grow narcotics or my car being used to carpool so that my friends don't have to buy cars.

      I am all for big business, but I hold my personal liberties higher. Selling copied games should be illegal, but selling/installing mod-chips should not.

    13. Re:Of course Not by Anonymous Coward · · Score: 0

      Buy one 1TB+ hd and
      1) do your music cd backups to the hd using *lossless* .wav or .flac instead of .mp3.
      2) copy your DVD files to the hd.
      3) store your originals in a safe box and never use them again.
      4) when larger hds come out, backup them over and over, spreading the older hds around as backups for the backup.

    14. Re:Of course Not by networkBoy · · Score: 1

      Look at the 360 and its propensity to scratch disks.
      Look at the average car usage (theft, heat, densely packed electronics, thus tight clearances in the head unit, accidents). I only use burned CDs in my cars.

      I have a supply of mod chips, mostly used in my console repair business. In my heyday I made good side money repairing consoles that others tried to mod (without any clue how to solder). Some times the only way to bring a console back to life was the addition of a mod chip. I understand that the bulk of the use was for piracy, but there are other uses. I never specifically offered mods for sale (and now I'm glad I didn't), but I think this effort may have been a bit misguided.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    15. Re:Of course Not by Marty_Krapturd · · Score: 1

      Backups SHOULD be legal, yes, because I own (or should own) the data on the disc once I have purchased it.

      Actually, you don't own the contents of the delivery media. You own a license to utilize said contents. Ownership is still retained by the originating source. That's why it's EULA (End User License Agreement), not OPA (Owner Possession Agreement) or PPA (Purchaser Possession Agreement).

      I am all for big business,

      You are? But a whole bunch of small businesses make for a much more stable economic environment. You sure about being all for big business?

    16. Re:Of course Not by morcego · · Score: 1

      Backups SHOULD be legal, yes, because I own (or should own) the data on the disc once I have purchased it.


      I really don't get it. By your rationale, backups should be legal. The content providers, however, insist that you don't own the data. You payed for the right to listen/use it. In that case, backups AGAIN should be legal (your right doesn't goes bad with the media).

      So, no matter how I look at it, backups are still legal.

      Whats the catch ?
      --
      morcego
    17. Re:Of course Not by Metaphorically · · Score: 2, Insightful

      Bullets are legal.

      --
      more of the same on Twitter.
    18. Re:Of course Not by Kitsuneymg · · Score: 1

      Last time I bought a CD, I didn't agree to a EULA of any type.

    19. Re:Of course Not by Marty_Krapturd · · Score: 1

      Last time I bought a CD, I didn't agree to a EULA of any type.

      No, you didn't explicitly. Implicitly, though, you did. That's one of the big areas of argument with contract law in the United States.

      I don't agree with it at all. Though knowing the reality of the situation is the first step in changing it.

      If you don't like it I suggest you pen a very well thought out letter to your elected representatives in your state and your country, should you have any. Put those correspondences in envelopes, address them properly, put a stamp on them and drop them in the mail. In the U.S. your representatives are required to give you an answer in writing to a physical letter. Best way to know that they got and read what you had to say. A well worded letter to a Senator can do amazing things. Just ask the "Water Pipe" makers and retailers about that. That industry and many lives have been destroyed because of a single letter.

      Ask candidates and incumbents about their opinions on the matters that matter to you. Track them down at speaking engagements and make it a point to get on the microphone and ask the questions. Ask the hard questions that you want real answers to. Questions like "Due to current copyright laws in this country, why is it that once I buy something I don't own it and am not free to make a personal usage copy of it to prevent the loss of my property?"

    20. Re:Of course Not by Kadin2048 · · Score: 1

      I missed the EULA on my last Audio CD. Want to remind me where it was?

      The "content industry" has attempted to create, from whole cloth, the idea that you only get an "implied license" to use a digital recording, instead of owning it in the same sense that you own an analog recording. This is silly, and completely arbitrary; it exists only because they see the transition to digital media as an opportunity to destroy First Sale and completely control all future markets, in a way they were unable to do under previous theories of copyright.

      There is no reasonable justification for deciding that digital works are "licensed" (and thus can't be sold, format-shifted, or acted on in other ways as allowed by traditional copyright law) while analog ones are "sold."

      While buying a music recording does not mean that you own the copyright to the music fixed in the record, you do own that copy of it, and can sell or dispose of it as you choose.

      The attempts by the RIAA (and in smaller part, the software industry) to muddy the waters are just a power grab.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    21. Re:Of course Not by Grishnakh · · Score: 1

      I... disagree.... Once... I... purchase... a... disc,... I... should... have... the... legal... right... to... make... a... backup... or... ten,... as... long... as... I... don't... give... a... copy... to... everyone... on... the... internet... or... try... to... sell... these... copies.... It's... called... fair... use....

    22. Re:Of course Not by Grishnakh · · Score: 1

      No, he didn't, explicitly or implicitly. There is no license with CDs, just like there's no license with books. Did you agree to a license when you purchased your last book or magazine? Of course not.

      This is what "copyright" is all about: the right to copy. When you buy a book, you can do whatever you want with it: read it, burn it, or even get a pen and paper and write a copy of all the words. What you're not allowed to do, by the copyright law that's existed since this country began, is to make copies and sell them to people. That right is reserved to the person/company who owns the copyright.

      This whole license bullshit is just that: bullshit that's been invented in recent years to limit consumer rights on something that is perfectly adequately covered by existing copyright law and has been for over 200 years. There is fundamentally no difference between a book and a CD or DVD. The license BS probably first came about because of computer software, which must be copied from its original media (onto a hard drive) in order to function properly. But after that, the music and movie companies have been trying to co-opt the whole license idea for their own use, and it's crap. You don't need licenses to sell or use CDs or DVDs; copyright law already covers everything necessary here.

    23. Re:Of course Not by paganizer · · Score: 1

      My kids are 16, 14 & 4. within a week of a new console game coming in the house, it starts to get scratched.
      Mod chips and backups have been standard house policy since the playstation 1 came out; I've had to make new backups of Final Fantasy VII at least 8 times.
      I think what I'm saying here is that they can have my fair use enabling devices when they pry them from my cold dead fingers.
      Unless, of course, they institute a TOTALLY FREE media replacement program.

      --
      Why, yes, I AM a Pagan Libertarian.
    24. Re:Of course Not by Phiil · · Score: 1

      I too take fairly good care of my CDs and such, but you can never guarantee when an unexpected occurrence will hose your media - that's the definition of an accident. Case in point - hired a van to move some stuff, and made the fatal mistkae of using the CD player in it which scratched up my CD good and proper. The band in question no longer exists and the album was only released via their website - so I can't even go out and buy another copy. On the modchip topic - if I had a console (PC gamer through and through) the reason I thought most people used modchips is so you can stick the games on the HDD and not have to root around for CDs every time you want to switch games.

    25. Re:Of course Not by Phiil · · Score: 1

      Just a quick thought that occurs to me: is the DMCA retroactive? If not, all music problems are surely reduced to bog standard copyright issues - as we all know the major labels haven't released anything worth copying in the past few years anyway. (Disclaimer: haven't actually read the DMCA - have better things to do. Can anyone send me a copy - or is that verboten too?)

    26. Re:Of course Not by Marty_Krapturd · · Score: 1

      Yeah? Are you just going to rant about it on /. or were you going to take my advice and complain to someone who has the power to do something about it such as your duly elected representatives?

      Sheesh!

      As you've probably guessed by now, IANAL. I'm going to venture to guess that you aren't either. So, seeing as neither you nor I can say much with any sort of authority, how about we band together and do what we can do, which is pester the living hell out of some Senators and Representatives and City Council members. And, we should all get two friends to do it, too. And get them to get two friends to do it. And so on and so forth. If enough people do it for long enough new rules and laws will be drafted that will, in the long run, make the situation much worse than it is right now. But at least there will be well defined rules!

      There's no telling the scale and scope of disaster that people can wrought with teamwork on their side!

      P.S. That "right to copy" bit was quaint.

    27. Re:Of course Not by Marty_Krapturd · · Score: 1

      I missed the EULA on my last Audio CD. Want to remind me where it was?

      I missed the EULA the last time I logged into a second or third user account on a Microsoft Windows box. Want to remind me of where THAT was even though I'm supposed to agree and abide by it when I'm using that software?

      If it's only the "installer" of the software that has to agree, then how come I have to agree to the EULA for MS Office on that same machine even though I'm not the one who installed it?

      I missed signing the contract with the city the last time I rode the bus that stated that I am under the umbrella coverage of their liability policy. Where was I supposed to sign?

      If a business refuses to serve me because they have a company policy that they can reserve the right to refuse me service...etc...etc...

      There are "implied" contractual agreements all around us, every day. You don't have to sign or "agree" to a thing to be subject to them should someone with more money, influence and power decide to take advantage of that for monetary gain or to spread fear of violating unwritten rules.

      You didn't have to "agree" to an EULA with that CD you purchased. You agreed to it by taking the wrapper off of it. Breaking the seal executes the contract.

      The attempts by the RIAA (and in smaller part, the software industry) to muddy the waters are just a power grab.

      Well, does it still count as just a power grab when they have enough money to hire lawyers and sway the opinion of law makers?

      I'd consider that more than a "just", myself.

      Again, I will state, I don't agree with copyright or IP law as it stands today, nor do I agree with the attempts of corporations and agencies to bend, twist and apply those laws willy-nilly as they please. I advocate mass mailing your elected representatives at the Federal, State and Local level telling them your opinion on the matter. And get at least two other people to do it too.

      I know it feels good to spout off on /. about it. I know that many of you enjoy an argument for the sake of an argument. However that will not change the matter at hand.

      So, if you do not agree with the legal environment concerning consumer rights when it comes to media distribution and ownership rights then you need to contact the people that make the rules and make them change the rules. You need to actually GO to jury duty and make decisions based on the actions of the defendant and whether or not the law applies in that particular situation, not only the actions of the defendant. You need to actually go to campaign rallies and actually ask questions and express concerns to candidates. And not just the ones you like, cause they might not win. Go and pester as many politicians as you can. And if you can't get to them, write them. Write them a physical letter.

      Or continue to complain, rant and argue about it on /. and hope it fixes its self. That always works. Right?

    28. Re:Of course Not by Gravatron · · Score: 1
      Actually, that would be a pretty neat policy. Send in your legit copy, get a legitimate, offically copied one back. They keep the scratched original, you get the reproduced one. If the game was still in production, you could get an original in a sleeve instead.


      Alternatively, if its a PC game, or other game with a license, you could get a ISO to mount and a new CD-key, in exchange for your current CD-key, which woudl be deactivated. It might be harder to prove ownership though, unless they themselves tracked every sold cd-key to prevent people from using a cd-key generator.

    29. Re:Of course Not by Rakarra · · Score: 1
      Actually, you don't own the contents of the delivery media. You own a license to utilize said contents.

      Incorrect. You own the contents, you do not, however, own the copyright. Of course the EULA will say differently, they're documents to convince you to voluntarily give up ownership control. With computer software, you own the contents of the discs (but again, not the copyright), but you really can't do anything with it until you agree, through the EULA, to relinquish your ownership rights. When you click that agree button, things get a little murky. Some courts have ruled they're valid contracts, but there's still the unsettled question of whether they're adhesion contracts.

  5. welp; by sniepre · · Score: 4, Funny

    I guess it's back to stealing games the old fashioned way - under a shirt.

    Seriously. Persecution of the hackers only makes them stronger.

    --
    Is not life a hundred times too short for us to bore ourselves? -Friedrich Wilhelm Nietzsche
    1. Re:welp; by nonsequitor · · Score: 1

      Seriously. Persecution of the hackers only makes them stronger.
      Hackers: Strike us down and we will become more powerful than you can possibly imagine.
      Feds: Okay *Cops arrest hackers*
      Hackers: Guys? Guys?
      *crickets*

      I don't think you thought that one through. Given that no one I know can *prove* that every media file they have was legally obtained, I don't think anyone is going to stand up and fight for the fallen. And unless those mod chips were sold for running linux, I doubt even the EFF would step in. Making and playing backed up game discs is a right we already lost, the EFF is concentrating on not losing even more rights, not fighting battles which were already lost.
    2. Re:welp; by Anonymous Coward · · Score: 0

      Persecution of the hackers only makes them stronger.


      In which case you should welcome persecution.
    3. Re:welp; by Anonymous Coward · · Score: 0

      I don't have to *prove* that ANY of my media was legally obtained.. Any more than I would have to prove that I didn't rape someone or *prove* that I didn't break into a store. Thats not up to me, I don't have to prove my innocence. Anyone who wishes to prosecute me under the presupposition that I have illegally obtained media has the onus of *proving* that the media was in fact illegally obtained. Or at least, that's how it *should* be! THANK YOU RIAA!!

  6. Not really a legitimate question... by Chmcginn · · Score: 5, Insightful
    Since making backups wasn't criminalized by the DMCA.

    If you could make a perfect 1-to-1 copy of a DVD, and have it run, that would still be legal. But since that doesn't work, because commercially available DVD are neutered, you have to crack the encryption - which is what is illegal.

    --
    Have you been touched by his noodly appendage?
    1. Re:Not really a legitimate question... by Opportunist · · Score: 1

      Making backups was not outlawed per se. But its spirit, and the way it is implemented, pretty much outlaws it. It's like telling you you may go wherever you want, but must not step on red paint, then everything but your home is painted red. You're still free to go wherever you can go, you just can't go anywhere anymore.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Not really a legitimate question... by DreadPiratePizz · · Score: 2, Informative

      1 to 1 copies don't work? That's odd, because I've made a disk image of a DVD in OS X and burned it (using a dual layer burner), and had it play absolutely fine in a DVD player. Not once did I crack the CSS.

    3. Re:Not really a legitimate question... by Shade+of+Pyrrhus · · Score: 2, Interesting

      The next time you buy a CD or DVD, and you want to back it up, try calling the company that produced it and asking for a backup copy for the reasons above: you have the rights to one, but it's illegal for you to make one. Sure, they're laugh in your face, but if you bug the crap out of them you might just get some attention or even make them buckle to make you stop calling. I'm sure you could ask up the chain and eventually someone will get tired of it. Just sounds like something amusing to try if you have free time and speakerphone while you play your game or watch the movie.

    4. Re:Not really a legitimate question... by db32 · · Score: 1

      I don't know how this is informative because I have never cracked DVD encryption to burn a DVD. I am also going to guess you probably haven't used a *nix based system. dd if=/dev/dvd of=/home/me/exact-bit-for-bit-copy-of-dvd.iso Then you can mount it, watch it, or burn it. This is why that DVD jon bit was so freaking retarded...I can mass produce DVDs using nothing more than a DVD burner and a basic *nix install and not have to crack anything, but to watch the DVD in linux I have to crack the damned encryption. So MPAA starts screaming about how he is trying to let the world pirate DVDs by cracking the encryption and everyone believes that little bit of stupidity. WE CAN ALREADY COPY YOUR SILLY DVDS WITHOUT DECSS!!! We just want to be able to watch the stupid things.

      --
      The only change I can believe in is what I find in my couch cushions.
    5. Re:Not really a legitimate question... by CelticWhisper · · Score: 4, Interesting

      What kind of blank media did you use? Normally recordable DVDs have inaccessible CSS key sectors so that the CSS key cannot be duplicated along with the rest of the content. Also, what DVD was it that you copied? Maybe it was released unencrypted (though I can't really see that happening.)

      --
      Help protect civil rights from abuse by the TSA - visit TSA News Blog.
      http://www.tsanewsblog.com
    6. Re:Not really a legitimate question... by vk2 · · Score: 1

      You can try that when you are locked up in Shawshank for making backups of the DVDs you bought legally.

      --
      No Sig for you.!
    7. Re:Not really a legitimate question... by Mattintosh · · Score: 1

      Andy Dufresne on hold with customer service... it was the longest night of his life.

    8. Re:Not really a legitimate question... by norminator · · Score: 2, Interesting

      Actually, no you can't burn a copy of a commercial, CSS-encrypted disc to a new disc. The section that would hold the CSS key on DVD-R's is not writeable, so you can copy the entire encrypted DVD image, but not the encryption key. That leaves you with a coaster. But you can mount the image on your hard drive and watch it.

      I didn't think the DVD Jon stuff was so retarded just because it was a chance to show the MPAA/DVDCCA and the judicial officials of the world that CSS is not an effective encryption system.

      The one that's retarded is the Kaleidescape debacle. To sum it up, a company called Kaleidescape puts together a fantastic DVD ripper/server system. It is easy and simple to use, it's locked down so movies that are ripped can't be accessed by any non-Kaleidescape device, it stores bit-for-bit CSS-encrypted copies of the DVDs on the server, and only decrypts them in the player (a separate box connected by a network connection), just like any other DVD player does. And best of all, Kaleidescape was granted a license by the DVDCCA to use CSS in the player. Oh yeah, and Kaleidescape also gives you the option to bundle large movie collections preloaded on a system, thereby providing revenue for the MPAA. Pretty soon the DVDCCA realizes what the product is, and since the DVDCCA is partially made up of consumer electronics manufacturers who never thought to create such a great device, they tried to lay the smackdown on Kaleidescape, saying they violated the terms of the license... Even though the Kaleidescape system offers less for would-be "pirates" than any PC with a $30 DVD drive... Oh, and the whole system, in the beginning, had a base price of $27,000. These days a basic system can go for about $10,000, but that's still out of reach of the kid in his mom's basement copying his friends movies. All the while, the only "legitimate" competitors to Kaleidescape make DVD servers which are not locked down, and which require the end-user to install DVD Decryptor or libdvdcss themselves (but the software is already set up to automatically integrate with DVD Decryptor). So the DVDCCA goes after the legally-licensed company and legitimizes the ones using the actual "pirate" software. And now that Kaleidescape won the lawsuit, the DVDCCA is amending their license agreement to require DVD players to actually be physically holding the original DVD.

      Now that is retarded. Take an innovative, easy-to-use product, which if it won mass acceptance and became a common everyday system, would revolutionize the home movie experience, and try to cripple it, thereby keeping home movie viewing in the stone age.

    9. Re:Not really a legitimate question... by ImTheDarkcyde · · Score: 1

      no, the mpaa started screaming because for every linux user screwing around to play their dvd's, there are a thousand windows kiddos using the same thing to steal a movie

      So lets put you in the MPAA's position, either make one sale.. or prevent a thousand thefts... HMMM

    10. Re:Not really a legitimate question... by db32 · · Score: 1

      How very interesting... I had never heard that, and after digging around it seems that that is indeed the case. Which sorta makes me wonder how in the freaking hell it has been working for me. Typically I don't reburn the DVDs as that sorta defeats the purpose of backing them up to a more safe media, but all of the ones I have reburned have played just fine. I suppose that it could just be that the DVDs that I burned were not encrypted, or maybe I just have a super cheap old magic DVD player, but still all in all very wierd.

      I suppose it could also be that most of the things that I deem worthy of the HDD space of keeping a backup is rarely the mass produced hollywood crap, that even if a good movie, I can go nearly anywhere and get a new copy of the movie case, book, and all for $3-$10. Lucky for me the majority of the movie watching populace seems to have absolutely horrific taste and Yet Another Cheesy Action SFX Flick XXVIII will stay $20 for ages while Rather Good Movie will be in the $5-7 range a few months after its release.

      --
      The only change I can believe in is what I find in my couch cushions.
    11. Re:Not really a legitimate question... by DangerTenor · · Score: 1

      Not every DVD you purchase is actually copy protected. For example, (I'm going to show my age here...) the "Veggie Tales" DVDs I get for my kids are not encrypted. and are typically under 4.7GB... Which is great, because backing them up is that much easier. We have a DVD player in the minivan, and I only put copies in the van, in case it is broken into/left unlocked and the movies are stolen. That way I haven't lost my originals.

      --
      Check out our infosecurity industry blog: http://securitymusings.com/
    12. Re:Not really a legitimate question... by Marty_Krapturd · · Score: 1

      So could it be said that in Modern America Corporations Police the Populace via the Government?

      Therefore in Soviet Russia the Populace Polices Corporations via the Government?

      Yay Capitalism!*

      *American Style

    13. Re:Not really a legitimate question... by db32 · · Score: 1

      No, the MPAA stared screaming because they are control freaks with a failing business model that can't adapt and have resisted the inevitable march of technology from day 1 even with earlier technology. So lets look at your assinine comment about make 1 sale vs 1000 thefts...how many years has the movie industry survived with the ease of copying tapes? Oh wait...you mean it didn't utterly destroy them as they screamed about...the government didn't step in and create a bunch of nonsense like the DMCA to protect them from the evil pirate consumer? In a nutshell, 1 sale vs 1000 thefts...what the hell ever, get a clue.

      If I was in the MPAAs position I would do a number of things differently. First I would fire each and every last techniphobe bastard in a position of power over technology decisions, kick their asses right out the door, I don't need backwards thinking fools wasting my money, I need forward thinking people to better leverage technology to help me. Second, I would fire every last moron that spends one penny of my organizations money on DRM in any fashion, its a waste of time and money and has cost more than it has ever returned, it doesn't stop the people it was designed to stop, and most consumers are going to pay for the disk DRM or not. Third, I would fire everyone that has wasted my money by lobbying congress for stupid protection laws that don't actually solve the problem anyways. So there we go...with a few firings I have already increased my bottom line by a HUGE amount with out significantly affecting the consumer or even having to bother with dealing with the piracy issue at all.

      Next step. I start dealing with hardware and makers to build "special" MPAA approved DVD burners and DVD-R-MPAA disks. (Copyright violation is already a crime, so we can skip any stupid DMCA bullshit). "Special" meaning I slap a sticker on each one of those burners software/hardware and every DVD-R-MPAA that says MPAA Approved for easy to use movie backups without copyright violation maybe using SCSM style technolgy if anything at all and I collect a percentage of every sale! Once again, most consumers not being criminals and prefering the easy way out, are going to purchase these devices instead of doing it themselves, sure, it doesn't reduce copying my movies, but hey precious little will, but it DOES get me some money for every movie copied that I otherwise would not have recieved. Once again, copyright violation is already illegal so I don't need any additional stupid legislation for this, I just say "I grant thee right to copy doth DVD on my approved media" Score again! My total cost of this, probly some lawyer fees involved in drawing up contracts with the vendors where I get paid a percentage, some advertising costs to make sure everyone knows "MPAA Approved is the only way to go!" and then probably some sticker production fees, and rather than paying some overpaid graphic artist to make a stupid logo, I go to the local College/High School and put out a design competition thing, give a prize, fund some new media equipment for the school, and come out a fucking hero with tons of PR for my new "MPAA Approved" equipment. Damn...honest business sure is hard work...I'm glad it pays so much better than dirty business.

      Lastly...I create a P2P network that I have a reasonable amount of control over (IE, it only shares files that I introduce to the network), and then include advertisements for the appropriate places to buy "MPAA Approved" burning media, and charge them a fraction of what a store bought copy would cost. After all, I'm not paying for the jacket, the CD, or any of that stuff, and to be clever I include a coupon for $X off the purchase of the hard copy in the store! Since it is P2P my bandwidth costs are reduced (I still have my own servers participate so there is no could not be downloaded issues, and I can exert reasonable control over manipulations so hashes of files for security and whatnot) Triple Score!. Oh and then for good measure to send a strong message, I sue the

      --
      The only change I can believe in is what I find in my couch cushions.
    14. Re:Not really a legitimate question... by Jackie_Chan_Fan · · Score: 1

      So could one sue Sony for making one a criminal?

    15. Re:Not really a legitimate question... by ImTheDarkcyde · · Score: 1

      you call my comment assinine and then compare the copying of tapes to the anonymous stealing of movies from p2p, because I can just copy any movie ever made whenever i want at zero cost for materials (unless i wanna splurge on a blank dvd)- oh wait, that's P2P, not tapes.

      And as for that "march of technology" - I wasn't aware progress was teenagers who take whatever they want because there are no real consiquences.

      And there is an inexpensive alternative to breaking the law already: you pay for what you have. And if a whole 5.50 - 20.00 is too much for something you really reaaaalllly WANT, netflix will give you unlimited movies for a whole 15.00usd a month and let you keep them as long as you want.

    16. Re:Not really a legitimate question... by db32 · · Score: 1

      No, your weak defense of their insane response actions is what is assinine. The march of technology being better technology to do the same thing for less cost and faster results(ie copy tapes). P2P only increased the ease and speed while lowering the cost of the same exact thing, making unauthorized copies of a copyrighted work.

      These assholes have made the claim that we should stop going after bank robbers and the like and instead focus on movie downloaders because they steal more money. Which if you have had ANY schooling in economics you will immediately realize how stupid of a statement that is for them to make. Now they are trying to pass laws to criminilize movie downloads...they have highjacked our government and judicial system, and our government and judicial system have far more important things to be doing than chasing kids downloading movies just because a bunch of techniphobes don't understand it is the same freaking thing that has been going on the whole time, technology just made it easier.

      My alternative to breaking the law is not buy the shit and fund their crusade against movie downloading kids. Screw them and everything they stand for, if they are too stupid to build a better business model that isn't my problem, artificial scarity and high prices is their attempt to squeeze more money and its failing miserably. They spend enough of my money when I pay taxes with their government hijacking. Further, this frequently isn't about kids who steal because there are no consequences, which again relies on their moronic definition of theft assuming that every download would have indeed been a purchase. It is about the next generation that uses computers to do everything, and the last generation so afraid of that that they spend billions of dollars on an industry dedicated to preventing the computer from doing what the user wants (DRM, Trusted Computing, etc). It is stupid and is a doomed endeavor and a monumental waste of my tax dollars.

      --
      The only change I can believe in is what I find in my couch cushions.
    17. Re:Not really a legitimate question... by crazybasenji · · Score: 1

      Believe it or not, some DVDs are published without encryption. Therefore, in that case you have not violated the DMCA by making a back up copy.

    18. Re:Not really a legitimate question... by Chmcginn · · Score: 1
      No, no... It's more like there's a red paint walkway leading you to Wal-Mart, Target, and a few speciality shops. Nowhere else.

      No, no running in the park for you. Consume at your authorized places of consumption.

      --
      Have you been touched by his noodly appendage?
    19. Re:Not really a legitimate question... by Opportunist · · Score: 1

      That's actually a much better analogy.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    20. Re:Not really a legitimate question... by Anonymous Coward · · Score: 0

      A program like OS EX will decrypt the DVD and create a disk image that you can burn to a regular DVD-R or whatever

      ....at least....that's....what....somebody told me.

    21. Re:Not really a legitimate question... by Anonymous Coward · · Score: 0

      | I don't know how this is informative because I have never cracked DVD encryption to burn a
      | DVD. I am also going to guess you probably haven't used a *nix based system. dd if=/dev/dvd
      | of=/home/me/exact-bit-for-bit-copy-of-dvd.iso Then you can mount it, watch it, or burn it.

      I tried this on a CSS-encrypted DVD, but it failed. There were read errors on most sectors,
      with an error message to do with lack of authentication. Can you explain this?

  7. WTF? by Slithe · · Score: 5, Insightful

    The fed doesn't seem to want to raid businesses for hiring illegal aliens, but they spend their time raiding businesses and homes for having mod chips. I thought this line was especially funny. [quote]"Illicit devices like the ones targeted today are created with one purpose in mind, subverting copyright protections," Julie L. Myers, assistant secretary of Homeland Security for ICE, said in a release. "These crimes cost legitimate businesses billions of dollars annually and facilitate multiple other layers of criminality, such as smuggling, software piracy and money laundering."[/quote] There may be a tenuous connection to smuggling (i.e. bootleg video games disks), but how in the hell do modchips facilitate money laundering. This is just laughable, if it wasn't so pathetic.

    --
    ---- "XML is like violence. If it doesn't fix the problem, you aren't using enough."
    1. Re:WTF? by Opportunist · · Score: 1

      Simple. Trade 101 teaches you that.

      Illegal aliens work in the country for cheap. For dirt cheap. They don't care about minimum wage or labour laws. And if, where should they go? Court? They also get the "jobs" nobody else would want, because it's risky or so crappy paid that even the burger flipping crowd sneers at them. And if a company doesn't have to give you gloves or goggles when you're cleaning that fluorine tank, they safe a lot. Should that immigrant get sick because of it, well, dump him, next is already waiting for the job. This is good for business.

      You burning CDs on the other hand is bad for business.

      Any questions remaining?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:WTF? by Slithe · · Score: 4, Interesting

      They also get the "jobs" nobody else would want, because it's risky or so crappy paid that even the burger flipping crowd sneers at them. The funny thing is that these jobs are low-paid because of the wage lowering effects of mass immigration. (supply and demand, anyone?) This article has a very interesting paragraph about the meatpacking industry that sums up the situation nicely:

      Thirty years ago, meatpacking was one of the highest-paid industrial jobs in the United States, with one of the lowest turnover rates. In the decades that followed the 1906 publication of The Jungle, labor unions had slowly gained power in the industry, winning their members good benefits, decent working conditions, and a voice in the workplace. Meatpacking jobs were dangerous and unpleasant, but provided enough income for a solid, middle-class life. There were sometimes waiting lists for these jobs. And then, starting in the early 1960s, a company called Iowa Beef Packers (IBP) began to revolutionize the industry, opening plants in rural areas far from union strongholds, recruiting immigrant workers from Mexico, introducing a new division of labor that eliminated the need for skilled butchers, and ruthlessly battling unions. By the late 1970s, meatpacking companies that wanted to compete with IBP had to adopt its business methods--or go out of business. Wages in the meatpacking industry soon fell by as much as 50 percent. Today meatpacking is one of the nation's lowest-paid industrial jobs, with one of the highest turnover rates. The typical plant now hires an entirely new workforce every year or so. There are no waiting lists at these slaughterhouses today. Staff shortages have become an industry-wide problem, making the work even more dangerous.
      --
      ---- "XML is like violence. If it doesn't fix the problem, you aren't using enough."
    3. Re:WTF? by DragonWriter · · Score: 1

      The fed doesn't seem to want to raid businesses for hiring illegal aliens [...]


      And a good thing, too, as that is really not the business of The Fed.

      I think you mean to say "The feds don't" rather than "The fed doesn't".

    4. Re:WTF? by Renaissance+2K · · Score: 1

      The businesses that attract illegal aliens aren't multi-billion dollar industries that provide the government with juicy tax dollars. Piracy hurts development revenues, which thereby hurts tax revenues.

      Illegal aliens should start working for gaming companies. They'd kill two birds with one stone.

    5. Re:WTF? by CodeBuster · · Score: 1

      It is this type of incident which raises the specter of Payola in system whereby well heeled and politically well connected companies and industries can "buy" (indirectly of course through campaign contributions and lobbyists) greater enforcement considerations on behalf of federal law enforcement then they might otherwise receive. It is, as you say, interesting that the feds are spending their limited time and resources to keep the world safe for the likes of Sony and their Play Station while the souther border of the United States is still leaking like a sieve and hordes of illegal immigrants are pouring across. It gives one cause to despair that our system, founded upon such wise and noble principles, is being overrun by the barbarians at the gates.

    6. Re:WTF? by igorlord · · Score: 1

      "introducing a new division of labor that eliminated the need for skilled butchers"

      That's just a good example of optimizing workforce utilization.

      One would hardly find a problem with Doctors not being used to change patients' sheets. Same thing with skilled butchers not being used to do jobs that a person with no skills and no English can perform.

    7. Re:WTF? by Pepebuho · · Score: 2, Informative

      You just got it totally wrong. IBP introduced a new way to meatpack whereby they did not need skilled labor, therefore they did not need to pay the wage premium that such a skilled labor commanded. That is the source of the wage reduction. It is not that immigants entered and were paid less. It is that the new meatpacker needed less skills and now there were more people able to fill that job and that is the reason for decreased wages. Please do your economic analysis right.

    8. Re:WTF? by kpharmer · · Score: 1

      >>"introducing a new division of labor that eliminated the need for skilled butchers"

      > That's just a good example of optimizing workforce utilization.
      >Same thing with skilled butchers not being used to do jobs that a person with no skills and no English can perform.

      As Heinlein said, "specialization is for insects". What might appear to be job optimization ends up really just meaning:
          - that the workers gets a miserable and repetitive job
          - that workers don't get to see the 'whole picture' - and so have no ability to work around unanticipated problems
          - that the end result is only better if you only measure cost

      I've been in IT shops that insist that everyone do just one specialized thing - and a simple server problem results in a dozen 'matrixed' people on a call for ten hours failing to figure out what needs to happen. Previously, a single admin with a fuller set of responsibilities would have figured the problem out very quickly - or would never have let the circumstances result in the problem anyhow.

      Likewise, in meat packing - you've got a really miserable and dangerous job that now nobody wants unless they're really desperate. Which mostly means non-english speaking people who aren't in a position to complain. Or to get worker's comp for the repetitive stress injuries they receive. And who aren't in a position to determine that an animal should be rejected due to disease. Etc. But that's all ok - since
          - the company only very seldom has to pay for injured workers
          - the us now has very few meat inspectors
          - the cattle practically bathed in antibiotics to cope with bizarre and unsanitary conditions

      But if a person is just looking at the cost for a pound of meat at the store and not concerned about overuse of antibiotics, chances of getting ecoli, what happens to the workers whose lives were destroyed at the plants. Then yeah, it's probably a good deal.

    9. Re:WTF? by igorlord · · Score: 1

      Yes, cost is a huge factor. By having cheaper meat, we can feed a lot more people, although, of course, the meat overall would be of a lesser quality than if it were "lovingly handled by a Master Butcher every step of the way".

      The meat packing factory, again, is very similar in this respect to a hospital. Yes, you are more likely to avoid complications and medical errors, if your entire care were handled 24x7 by one dedicated Attending Physician (a very experiences doctor). However, the cost of such care would be immense, and, therefore, much fewer people would be able to afford it. That would cause a significant decline in the health of the entire population.

      Specialization increases productivity and, therefore, enriches the entire nation.

      P.S. Your IT shop example is mostly an illustration of an inept organization structure. Normally, you will have a few people in your organization who are very good and capable of the big picture. The rare problems that cannot be solved by specialized peons ought to be escalated to those people. Yes, this setup would not had prevented the problem from occuring and would slightly delay the resolution, but the problem would not require "dozens of matrixed people".

    10. Re:WTF? by kpharmer · · Score: 1

      > Specialization increases productivity and, therefore, enriches the entire nation.

      But there are hidden costs not included here:
      - In the US auto industry design was specialized - with separate teams for each part of the vehicle. And they found that the Japanese were dedicating a team to a new vehicle for 18-24 months to handle all design. By moving from specialization to generalization they got better quality, fewer mis-matched interfaces, and far better speed.
      - In meat-packing you don't just get boutique-level quality from a 'master butcher' - you reduce diseases such as salmonella and e coli, reduce worker injuries and reduce the need to overuse antibiotics.
      - In healthcare the interfaces between specialists are points in which information is lost - resulting in specialists often making incorrect decisions. And while there is more money to be made as a specialist than a generalist - there's been a movement to encourage more doctors to become generalists - family practitioners and a recognition that you need more than nurses and specialist doctors.
      - In IT again - an assembly-line approach generally results in poorer quality of service since servers and applications come in too many forms and are too customizable to allow complete standardization. Additionally, many issues like performance touch on too many pieces to be handled easily by specialized individuals. Lastly, when analyzing one company's time to create e-comm web sites using a j2ee platform years ago I found it to be slower and *far* more expensive per page than creation of cobol/cics applications. The cause was specialization - ejb developers vs jsp developers vs html developers vs dbas vs qa, etc, etc.
      - In business leaders generally want their employees to be decision-makers and aware of how their contributions map to corporate objectives.

      I'm not saying that all specialized skills are bad, but specialized skills without a general knowledge foundation are bad. And I'm not saying that specialized roles are bad - but any process that only has specialist roles is brittle, isn't human-oriented and probably has a lot of hidden costs.

    11. Re:WTF? by igorlord · · Score: 1

      You are absoutely correct that compartmentalizing responsibility is counter-productive, where the knowledge and influence on the "big picture" are important to success of each individual task. Specialization is a tool just like any other and can certianly be misused to the detriment of the entire enterprise. Yes, often comporations to misuse specialization because of their inability to attract talented people. With a worker of mediocre skills/talent, the best you can hope for is to teach him just one kind of thing as opposed to the understaning of the entire enterprise. Also, the only people who could be trusted with decision-making are the ones who have a big picture in mind, and that again requires skills/talent. Given the lack (and, therefore, considerable expense) of highly skilled/talented employees, the corporations have to use specialization to optimize for total costs (those "hiddne" costs that you mentioned included). The only solution to avoiding detrimental specialization (where it is detrimental) is improving our education system and encoraging immigration of highly educated people from the rest of the world.

  8. This sounds very much like.... by Nefarious+Wheel · · Score: 2, Insightful

    Prohibition in the Roaring Twenties. "Bootleg" discs, Elliot Ness - like tactics. It will never work, it will just alienate an entire nation again.

    --
    Do not mock my vision of impractical footwear
    1. Re:This sounds very much like.... by Anonymous Coward · · Score: 0

      Prohibition never worked, but then, it never went away either. They just changed the name and the list of recreational drugs that it covered. Most of the prisoners in the US were convicted under prohibition laws. Perhaps that is the future for DMCA violators.

    2. Re:This sounds very much like.... by couchslug · · Score: 2, Informative

      "it will just alienate an entire nation again."

      Er, no. The "entire nation" can still buy legal games, and the fair-use folks don't have political pull.
      The only way to influence the game companies is a boycott that addicted consumers will never support.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  9. I feel safer already by Anonymous Coward · · Score: 0

    This is great! that means they have won the war on terrorism!

    If they are using federal agents to raid homes for modchips, then that means they have captured all the terrorists out there and the world is once again safe.

    the Feds would never do somethign frivilous such as waste american resources on such a silly task when the entire country could be blow up at any moment!

    YAY! no more terrorism! I'm scheduling my afganastan 3 week luxury tour right now!

  10. Homeland Security by KiloByte · · Score: 5, Insightful
    From TFA:

    "Illicit devices like the ones targeted today are created with one purpose in mind, subverting copyright protections," Julie L. Myers, assistant secretary of Homeland Security for ICE, said in a release. "These crimes cost legitimate businesses billions of dollars annually and facilitate multiple other layers of criminality, such as smuggling, software piracy and money laundering."
    From Wikipedia:

    The United States Department of Homeland Security (DHS), commonly known in the US as Homeland Security, is a Cabinet department of the Federal Government of the United States with the responsibility of protecting the territory of the United States from terrorist attacks and responding to natural disasters.
    Shouldn't they be sued for wasting taxpayers money for doing things they are not authorized to do? And yeah, even though I'm a Polack I did pay a tribute^Wtax to the US treasury once, so it's my money too.

    But oh wait... comparing them to the Commissariat of Homeland Security (KGB), Bureau of Security (UB) or Securitate, I should be thankful they're not participating in mass murders... yet.

    --
    The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    1. Re:Homeland Security by Anonymous Coward · · Score: 0
      From http://en.wikipedia.org/wiki/U.S._Immigration_and_ Customs_Enforcement:

      Immigration and Customs Enforcement (ICE) is the largest investigative arm of the United States Department of Homeland Security (DHS) and is responsible for identifying and dismantling vulnerabilities regarding the nation's border, economic, transportation and infrastructure security.

      With that in mind, I can understand where protecting the "American Businesses" come into play...

      what a bunch of bohonk.
    2. Re:Homeland Security by AnyThingButWindows · · Score: 1

      I should be thankful they're not participating in mass murders... yet.

      Oh Yea? Wait a short while.
      http://questforfairtrialinconcordnh.blogspot.com/

      --
      When government fears the people, there is liberty. When the people fear the government, there is tyranny. - Jefferson
    3. Re:Homeland Security by TheQuantumShift · · Score: 1
      Read it again:

      Julie L. Myers, assistant secretary of Homeland Security for ICE,

      This isn't the actual DHS, just some corporate title foolishness by the Imigra in order to make this whole thing sound more officially good for us. Of course I'm sure it won't be long before the DHS is using the terms "pirate" and "terrorist" interchangeably, so you're not far off...

      --

      Shift happens. Fire it up.
    4. Re:Homeland Security by krazytekn0 · · Score: 1

      Uh sorry but Wikipedia doesn't decide what a certain branch of the government is authorized to do, you best look at the Homeland Security charter

      --
      Not all life is cyber. Extra Income
  11. Katamari Damacy - legitimate use by Richard+W.M.+Jones · · Score: 3, Insightful

    Since the original Katamari Damacy isn't available at all in the UK, I had to import it from Japan and use a PS2 modchip to play it. The follow-up game was released in Europe months after appearing in US/Japan, so I also imported that one.

    The fact that I could do this at all shows that there is no technical reason for the region coding in this game - it's purely an illegal tactic to control market prices.

    Rich.

    1. Re:Katamari Damacy - legitimate use by Opportunist · · Score: 1

      Yes, the customer is the one that suffers from this practice. And of course, no distributor is happy about it when the customer defends himself against that practice and cracks open this cartel.

      Because what this allows is cross financing. If you already have a stranglehold on a market where you can gouge whatever you want because your competitors don't dare to hunt on your turf, you can take the revenue from there to make the products dirt cheap in another market where you're battling for sales. And of course this revenue model falls flat if globalization works for the customer as well as it does for the producer. If you can buy anywhere, such models crumble.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Katamari Damacy - legitimate use by Anonymous Coward · · Score: 0

      The reason games take so long to come to Europe is because they have to meet different requirements for violence, sexuality, and the game also has to be translated into 3-5 different languages to be sold in all territories. The packaging and manuals also are different. If it weren't for our countries' laws, then there wouldn't be any problem in just selling the (J) or (U) version in (E), and you'd have it on launch day.

    3. Re:Katamari Damacy - legitimate use by hanchan07 · · Score: 1

      I had to do the same with my PS2, I import my Final Fantasy games and others that would not make it to the states because I simply don't want the poor English translation or crappy dubbing. I'm glad that Sony finally got it together with the PS3 and is allowing Japanese games to be played on the American system (don't remember if it will be the same for UK versions). Although it was a nice sub feature of my mod chip to allow me to play some burned games, The main reason was to support my importing habbits.

    4. Re:Katamari Damacy - legitimate use by Anonymous Coward · · Score: 0

      They sell US DS games in Australia all the time.

  12. "Legitimate" by cfulmer · · Score: 2, Informative
    Are you talking about copies of software that are unprotected by any copy-protection scheme? If so, that's probably OK. If, however, you're talking about copies of copy-protected games, that's a different story. Their creation, at minimum, is an infringement of the DMCA (17 USC 1201(a)(1)), and your possessing them is evidence that you created them. It's vaguely conceivable that the "backup" copies are fair uses even though you had to break the law to make them, but I wouldn't bet on it.

    The mod chips themselves are a pretty violation under the DMCA:

    No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that . . . is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof;

    1. Re:"Legitimate" by thedrunkensailor · · Score: 1

      how are they going to stop me from photocopying books? prohibition never works

      --
      i support the right to offend.
    2. Re:"Legitimate" by Anonymous Coward · · Score: 0

      "how are they going to stop me from photocopying books?"

      By not putting photocopiers in prison (then putting you in)? Just one way. They could also cut off your hands. Sure, you'd probably win in court if you sued them, but I bet it would still stop you from photocopying books.

    3. Re:"Legitimate" by toetagger1 · · Score: 1

      No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that . . . is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof;
      So why are photo copiers still legal? And CD-burners? Why is a mod-chip different from those other two?
      --
      who | grep -i blond | date cd ~; unzip; touch; strip; finger; mount; gasp; yes; uptime; umount; sleep
    4. Re:"Legitimate" by redelm · · Score: 1
      So perhaps modchip designers/producers should advertise their product prominently with the warning "In compliance with US DMCA, this product has been designed and produced to enable legally authorized "fair use" rights of creating and operating from backup media. No other purpose is intended. Any other use is a violation of Federal Law."

      The sincerity of this intent could be demonstrated if the modchips were _not_ interoperable and/or refused to make copies of copies (AFAIK, not fair use).

      Manufacturers of specialized burglar tools have some responsibility to ensure those tools are not misused. Like product liability requires designing in safety features. Responsibility cannot be evaded. Fly-by-night tactics merely justify more vigorous persuit.

    5. Re:"Legitimate" by twistedsymphony · · Score: 1

      No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that . . . is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof The real question here is when does it cross the line into becoming a protection circumvention device?

      Most, if not all modchips are nothing but microcontrollers with some code on them. Xbox modchips are just regular PC bios chips that ship with a Linux kernel that doesn't actually circumvent copy protection. Wii and playstation modchips are nothing but PIC and Atmel MCUs. If I write the code myself is that considered "manufacturing" Obviously the chip is "part" of the device so why are Microchip and Atmel allowed to make any of their MCUs? Early Wii hacks were nothing but some open source code running on a computer and connecting to the Wii via the RS-232 port, are we going to start confiscating all the computers manufactured by Dell because they can be used in part to circumvent copy protection? What if I just tell someone how to do it? What if I give them the code but not the hardware? Where is the line drawn.

      I don't know what's worse, the soulless corporations that lobby for such broad and unspecific laws that place the interests of capitalism above that of American freedoms, the ignorant (or not ignorant but equally soulless, take your pick) politician who seem to have no hesitation towards passing these laws, or the apathetic and oblivious American public that is too busy arguing about Gay Marrage, and voting on American Idol to care about all the technological freedoms being taken out back and executed one by one.

    6. Re:"Legitimate" by Anonymous Coward · · Score: 0

      "is PRIMARILY designed or produced for the purpose of circumventing protection"

      Can you f*cking read?
      Photo copiers and CD-burners aren't PRIMARILY for circumventing copyright protection.

    7. Re:"Legitimate" by toetagger1 · · Score: 1

      Fine, you get your point with the copiers. What about the CD-burners so? What about a recordable audio tape? I only added the copier to demonstrate that there is always SOME degree of legitimate use.

      --
      who | grep -i blond | date cd ~; unzip; touch; strip; finger; mount; gasp; yes; uptime; umount; sleep
    8. Re:"Legitimate" by Anonymous Coward · · Score: 0

      "What about the CD-burners so? What about a recordable audio tape?"

      Same deal -- primary purpose is to transfer / store any data.
      None of these things are primarily built to circumvent protection -- that's the crux of the issue. That's why DVD burners are legal but companies who sell DVD copying software (that breaks CSS) are put out of business.

      By definition, a mod chip's primary purpose is to circumvent the protections console makers put in.

    9. Re:"Legitimate" by cfulmer · · Score: 1

      Neither books nor audio CDs are protected by a "technological measure that effectively protects . . ." A mod-chip is different because it bypasses the technological protections in the console. Photocopiers and CD-burners do not bypass technological protections.

    10. Re:"Legitimate" by jZnat · · Score: 1

      Because books and CDs aren't "protected" by DRM. Fucking stupid, I know. :(

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    11. Re:"Legitimate" by compro01 · · Score: 1

      Any other use is a violation of Federal Law

      even that use is a violation of the DMCA, going by court rulings i've seen regarding it.

      --
      upon the advice of my lawyer, i have no sig at this time
    12. Re:"Legitimate" by Anonymous Coward · · Score: 0

      Prohibitioning against a backup is not a right of the copyright holder as it is fair use. Thus the protection scheme isn't protecting a right of the copyright holder, effectively or otherwise. Thus the DCMA doesn't apply to backups of the work. According to the debates on the DMCA, Congress specifically excepts fair use rights from being affected by DCMA as stated by all parties.

      Long term, I expect that the applicable DCMA provisions will be struck down as overly broad or modified such that, if substantial non infringing uses are available for equipment and/or software, the DCMA doesn't apply to them. I suspect that the EFF or some other interested party will push it to the Supreme Court to get them to rule on the issue.

  13. The Real Question.... by Himring · · Score: 3, Insightful

    This raises an important question: Are legitimate backup copies of a piece of software you own illegal under the DMCA?

    I believe the more important question is: what's happening to our liberties?...

    If we're not losing them in the name of fighting terrorism, then it's in the name of copyright laws. Between Hollywood and the middle east, liberty is bleeding.

    --
    "All great things are simple & expressed in a single word: freedom, justice, honor, duty, mercy, hope." --Churchill
    1. Re:The Real Question.... by Dunbal · · Score: 5, Funny

      Between Hollywood and the middle east, liberty is bleeding.

            Don't worry. As a physician I am qualified to tell you that all bleeding stops eventually. One way or another.

      --
      Seven puppies were harmed during the making of this post.
    2. Re:The Real Question.... by Anonymous Coward · · Score: 0

      You whine about Liberty. What do you know about it?

      Do you believe in the right of all citizens to bear arms? THAT is Liberty.

    3. Re:The Real Question.... by Anonymous Coward · · Score: 0

      What are you talking about. Hollywood is the middle east. Media in general profits from war, disaster .... and a good portion of that money gets back to the best tax haven in the world ... which is also in the middle east.

    4. Re:The Real Question.... by Anonymous Coward · · Score: 0

      To you, Islamic nations must have the most liberty of all. Why don't you try living in Saudi Arabia for a while? See if your version of Liberty is everything you hoped it would be.

    5. Re:The Real Question.... by element-o.p. · · Score: 1

      Liberty isn't bleeding, it's hemorrhaging :(

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    6. Re:The Real Question.... by Anonymous Coward · · Score: 0

      Your physician analogy is terrible. The human body has automatic mechanisms to stop us from bleeding to death. Our representative Republic requires an informed and active citizenry to maintain our liberties. I say to you we have neither...

    7. Re:The Real Question.... by Dunbal · · Score: 1

      Your physician analogy is terrible. The human body has automatic mechanisms to stop us from bleeding to death.

            No, actually your sense of humor failed you. All bleeding stops, when either the blood clots OR THE PATIENT DIES. See, it was a joke - one I tend to use a lot in the ER. I guess what I was hinting at is don't worry, soon you won't have any liberties left to be taken away.

            A patient with no pulse and no blood pressure is what I call a stable patient. Yes he is dead. But at least now he is stable.

      --
      Seven puppies were harmed during the making of this post.
  14. Money Laundering by camperdave · · Score: 5, Funny

    how in the hell do modchips facilitate money laundering.

    Perhaps because people with mod chips are so engrossed in playing their pirate games that they don't empty their pockets thoroughly before dumping their clothes in the wash.

    --
    When our name is on the back of your car, we're behind you all the way!
    1. Re:Money Laundering by that+IT+girl · · Score: 1

      yes, and they're not going to white-collar resort prison. No, no, no. They're going to federal pound-me-in-the-ass prison! :D

      --
      10 FILL MUG WITH COFFEE
      20 DRINK COFFEE
      30 GOTO 10
  15. Let me axe you something by 0xdeadbeef · · Score: 4, Funny

    This raises an important question

    Don't you mean, begs the question?

    1. Re:Let me axe you something by deftcoder · · Score: 0
      --
      Peace sells, but who's buying?
    2. Re:Let me axe you something by Ri6hte0us · · Score: 0

      Oh, somebody mod this up. Haven't you people ever heard of irony?!

    3. Re:Let me axe you something by Anonymous Coward · · Score: 0

      Whoosh!

    4. Re:Let me axe you something by Cleon+I · · Score: 1

      I don't understand why you're posting a sound effect. Is the whoosh supposed to represent something? Maybe I just don't get it.

  16. Games Producers Want The Best Of Both Worlds by pandrijeczko · · Score: 4, Insightful
    The argument that's used for mod chips is that purchasers of games should be allowed to make backup copies of them. But I don't consider that the real issue here.

    Firstly, in the case of PC games (or indeed any system where games are installed to a hard drive), it should not be obligatory to have the CD or DVD in the drive to play them once installed as this creates totally unnecessary wear on the CD/DVD drive and the disc itself scratches a little more every time it's inserted or removed. Whilst I don't like the "spyware" concept of Valve's Steam, I do accept that being able to load my games on any PC I like without the disk is a good thing - though all praise to Stardock for just letting you get on and play Galactic Civilizations II without the disk once you've registered your product code with them. If every games company trusted me like Stardock does, I'd feel less inclined to rip them off at every opportunity (and, no, I don't work for Stardock).

    Secondly, if your original CD/DVD goes faulty, the games company charges you for a replacement. This strikes me as wrong - if they won't let you back it up, then they should provide replacements (within a reasonable amount of time) for just the cost of postage.

    --
    Gentoo Linux - another day, another USE flag.
    1. Re:Games Producers Want The Best Of Both Worlds by Renraku · · Score: 4, Interesting

      When you buy blank media they charge you for the media.

      When you buy any kind of software they charge you mainly for the licence to use the software and to get support/etc. However when you lose the media or it breaks, they want to charge you to replace the media.

      So which is it? Charging us for the media or charging us for the licence? One or the other.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    2. Re:Games Producers Want The Best Of Both Worlds by blahplusplus · · Score: 1

      "The argument that's used for mod chips is that purchasers of games should be allowed to make backup copies of them. But I don't consider that the real issue here."

      The real issue is that consumers need a bill of rights, if they had a self-funded corporate like entity to protect their interests lots of these attempts at private tyranny would be mitigated.

      The first thing is, a government body has to start treating consumers as co-owners and investors of the products they buy (i.e. invest in), this way corporations cannot say they own "exclusively" all intellectual property since consumers are also legitimate financiers (and investors in the IP's success).

      This would stop companies from becoming lazy and abusing intellectual property if the public has some co-ownership and can force companies hands to release it to the public domain since they were the investors in said product and were also responsible for it's success.

    3. Re:Games Producers Want The Best Of Both Worlds by spyrochaete · · Score: 2, Informative

      I think Steam is about the best case scenario we could hope to expect. Yes they keep track of what you're playing and for how long, but they use this information to benefit game design as well. Check out the fascinating Half Life 2: Episode One statistics for an idea of how Valve makes the most of this technology to observe players' in-game behaviour to assist in designing future products.

      Another thing I love about Steam is the generosity of distribution model. You can download any paid-for product as many times as you wish, no matter how huge it is. You can also compact installation data to CD or DVD-sized archives for your own storage if you don't want to wait to download it. You can have your registered copy installed on multiple computers simultaneously and can play on any of them one at a time. If you own 12 Steam games you can install all the games on 12 computers and have 12 people each log in as you and let them each play a different game. All this without wearing out your media or drives (and yes, there is an emergency offline mode that lets you play while your network is down).

      The biggest flaw, of course, is that the EULA refers to you as the "Subscriber", not the "Owner". I seriously hope that my money won't go to waste if Steam folds. When 3D Realms' Triton, a similar distribution system, went under, they untethered purchased games so that they became fully owned by the purchasers.

    4. Re:Games Producers Want The Best Of Both Worlds by elrous0 · · Score: 1

      The main advantage that *I* see for mod chips (and I've installed them on some of my consoles in the past) isn't playing "backup" copies at all (I've never played a "backup" or pirated commercial game in my life). It's being able to install alternate operating systems (like XBMC) and emulators for playing old games like (MAME).

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    5. Re:Games Producers Want The Best Of Both Worlds by ElberethZone · · Score: 1

      I've never played a "backup" or pirated commercial game in my life

      emulators for playing old games like (MAME). Ok... You have to explain me how you never played a "backup" or pirated any commercial game in your life but still are using emulators to play "old" games (remember "old" don't means != than commercial)... Do you think the ROMs files you have on your harddisks aren't backups? Enough said.
    6. Re:Games Producers Want The Best Of Both Worlds by elrous0 · · Score: 1
      While there are occasional commercial releases of older games, it's pretty damn unlikely that anyone is EVER going to release most of these games on a given console. And, if they did, I would happily pay for the commercial version, of course (I'm not trying to cheat anyone out of their money).

      And I'm pretty damn sure that Sony and MS aren't fighting mod chips to keep me from playing the C64 version of "Blue Max" on their consoles. They're doing it to keep people from renting games like Halo 3, ripping them to their hard drive, and never buying them.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    7. Re:Games Producers Want The Best Of Both Worlds by ElberethZone · · Score: 1

      You don't understand me, I am not talking about Sony and MS (nor Nintendo). All those "old" games are almost all commercial games. The fact that they are re-selling some of them in "new" commercial games is not my point.

      You are using backups of commercial games, don't say you are not because you only do it with old ROMs. The C64 version of "Blue Max" you are playing is a backup of a commercial game.

      I was just pointing at a mistake in your message, you were saying something and the contrary at the same sentence.

      By the way, an emulator can play quite recent games, not only C64 stuff... Even MAME is able to play pretty recent games.

    8. Re:Games Producers Want The Best Of Both Worlds by compro01 · · Score: 1

      One or the other.

      they want both and at current, they seem to be getting it.

      --
      upon the advice of my lawyer, i have no sig at this time
    9. Re:Games Producers Want The Best Of Both Worlds by postermmxvicom · · Score: 1

      Well said. This is just like the 21st century banking law. It allows banks to *instantaneously* process checks electronically (no more floating checks in the mail). But if this is the 21st century, why do I have to deposit before 2pm or wait *another* business day. Either you can do business at the speed of electricity or you can't.

      --
      One last thing: Sometimes I wonder; "Is that someone's signature? Or do they type that at the end of each post?"
    10. Re:Games Producers Want The Best Of Both Worlds by Anonymous Coward · · Score: 0

      How is this interesting? In addition to being plainly false (it's *not* one or the other), it also *shouldn't* be one or the other. Come up with whatever agreement you want to with the seller. That's the whole basis of a marketplace economy. Most media (movies, books, music) doesn't require you to agree to a license, just to obey current copyright law. While, yes, EULA's suck, and the DMCA sucks even more heinously, the business model chosen by an industry doesn't entitle you to *anything*, other than to accept or reject their offer.

      Some businesses, like Blizzard, do have a replacement disc program. If it's that important to you, make it a point of consideration when you buy a game. But don't claim that failing to make such an offer and still asserting your basic copyright rights under the law is in any way faulty (excepting the DMCA, which is itself faulty).

      Posted anonymously for karma's sake.

    11. Re:Games Producers Want The Best Of Both Worlds by rastoboy29 · · Score: 1

      I'm just as annoyed about "registration" and "activation" as I am about having to put a CD in the drive? What's the difference? You've paid for it, but you can't depend on it working.

  17. Taxes by pandrijeczko · · Score: 1

    Since those same Federal Agents are financed from the taxes of US citizens, then the games companies who will be benefitting from additional sales due to the crack down on mod chips & piracy should therefore be taxed at a heavier rate in order to recover those taxes.

    --
    Gentoo Linux - another day, another USE flag.
    1. Re:Taxes by Raineer · · Score: 1

      I agree. This story upsets me because game companies get away with so much. How is releasing a hardly-changed version every year and charging $60 *fair*? I know, "don't buy it then", and I don't.

      I make backups of the games I buy the second they enter my house. At least if you own a licensed piece of software most companies will let you obtain a replacement disk for free or cheap. Gaming companies? It's another $60. I don't see how owning a mod-chip is illegal, if they can prove you are playing games you don't own I can understand that. What if you came here from Japan and want to play games based on that market?

      They are acting no different than the RIAA, just threaten and scare your customers into submission. Good idea.

    2. Re:Taxes by Anonymous Coward · · Score: 0

      your lack of understanding in taxation is applaudable.
      Those same taxes you wish to increase would simply be pushed onto the consumer, leading to higher game costs. Corporations do not pay taxes, consumers pay taxes, the corporations just collect and pass on the taxes to the gov in the form of embedding the taxes (including payroll and other taxes) into the cost of thier products and services. The company insures that they get thier desired profit percentage regardless of taxation. Taxes increase, price of product or service goes up to ensure the same level of profit percentage.

      Or presume they do not wish to raise prices, to ensure thier profit percentage, they will reduce benefits (if any) to employees or terminate employees to offset the cost of the increased taxation.

      Either way, increases in taxation only hurt the consumer and drag down the econmy.

    3. Re:Taxes by Dunbal · · Score: 1

      Those same taxes you wish to increase would simply be pushed onto the consumer, leading to higher game costs.

            You clearly do not understand the economics of piracy.

            Higher game costs would lead to greater piracy and diminished game sales, because they would still be easily duplicated, the desire to play them would still be there, however fewer people would justify spending a larger portion of their disposable income to purchase them legally. Especially at a time when that disposable income is shrinking due to rising fuel costs and (soon) inflation.

            Personally I'm waiting for the story of people being raided and thrown in jail for using unauthorized ink in their ink-jet printers... keep it up, you'll soon solve the illegal immigration problem. Soon no one will want to go to the US.

      --
      Seven puppies were harmed during the making of this post.
  18. Talk about no clue by the+grace+of+R'hllor · · Score: 3, Insightful

    What use is your right to a backup copy if you cannot use the copy, ever? You have to break one law to make use of your rights guaranteed in another law, and that is ridiculous.

  19. Hahaha... the FBI mob... by Anonymous Coward · · Score: 0

    Mod Chips have sufficient legal uses like using backups of originals you purchased but which are not replaceable anymore, demos, games or demos of games you have programmed and which, you hope, might be a foundation for your future job in the video game business, and installing Linux of course.

    Someone used the FBI mod (and your tax money) to molest people with incompetence. In a free country a decent lawyer should be able to fix this.

    Yeah I've heard the stories about the US legal system. Thats why I like it so much in my inferior country.

    1. Re:Hahaha... the FBI mob... by Tuoqui · · Score: 1

      The US hasnt been free since before Bush took office.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
  20. Re:Again? by Silver+Sloth · · Score: 3, Insightful

    News For Nerds And, judging by the number of responses, these subjects are exactly what we Nerds are interested in hearing about.
    --
    init 11 - for when you need that edge.
  21. Re:No Clue by ICLKennyG · · Score: 3, Informative

    Troll much?

    The DMCA goes hand in hand with Fair Use principles which have time and again been upheld by the US Supreme Court. It criminalizes tools necessary to implement freedoms upheld by previous USSC decisions. The law goes so far as to not only make telling anyone that a Sharpie can beat Sony's copy protection, but make the magic marker its self illegal. It makes the ability to gain a backup copy illegal, and thus in the great 4th grade tradition: 'You have no clue!'

  22. Region code lock down in the digital gulag? by AHuxley · · Score: 1
    In Capitalist West Julie L. Myers is handed a dossier on you.
    In Soviet Russia Julie L. Myers dossier handed to you.

    Great to see they needed 'help' from the "software association and other industry members."
    Ask about movies and games outside Region 1/A in the USA and its "show your papers".

    --
    Domestic spying is now "Benign Information Gathering"
  23. while you're there... by Jestermax · · Score: 1

    I guess while they're out saving the world from mod chips in game consoles maybe they could grab a few of the illegal assault weapons, drugs, pedophiles, and carjackers next door?

    1. Re:while you're there... by GrayCalx · · Score: 2, Funny

      mod chips...illegal assault weapons, drugs, pedophiles, and carjackers next door

      Jesus... what the hell is going on in your neighborhood?!

  24. The search for WMDs continues... by Renaissance+2K · · Score: 1

    It's only a matter of time before Homeland Security gets in on the act, too, raiding the homes of 11-year-old importers looking for WMDs.

    WMDs... Weapons of Mass Duplication

    1. Re:The search for WMDs continues... by Bender+Unit+22 · · Score: 1

      ---[snip]---
      "Illicit devices like the ones targeted today are created with one purpose in mind, subverting copyright protections," Julie L. Myers, assistant secretary of Homeland Security for ICE, said in a release.
      ---[snip]---
      Aren't they already?
      I am not American, so I don't fully understand the concept of the "Homeland Security" police. But they seem to cover everything lobbyists can throw their money at?

    2. Re:The search for WMDs continues... by slothman32 · · Score: 1

      Though I know you are in jest, at 17, he might count as a kid with a WMD.
      Radioactive Boy Scout:
      http://en.wikipedia.org/wiki/David_Hahn

      --
      Why don't you guys have friends or journals?
  25. The DMCA was an end-run around fair use by Jafafa+Hots · · Score: 2, Insightful

    But that's the point. The media industry HATES fair use, always has. They tried to make it illegal in the late 70's and got their asses handed to them in the courts. So they found a way to eliminate fair use by making an end run around it. They found a way to make it illegal to create the backup that you can legally own.

    --
    This space available.
  26. Re:No Clue by mwvdlee · · Score: 3, Insightful

    AFAIK, "Fair Use" isn't a right, but a "legally defensible position" in that the court will accept "fair use"-class usage as a sufficient excuse. As such, you actually do not have a right to have a backup copy. Furthermore, fair use requires such a backup to be made by and for the owner of the original media. Since DMCA blocks you any way to do so yourself, this basically implies any and all backups of copy-protected media is illegally obtained either because you didn't make it yourself (not "fair use") or used illegal means to make it (DMCA). The heart of the problem is that "fair use" usage isn't a legal right, otherwise publishers would've been obligated to provide means for the people to excersize that right.

    --
    Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
  27. Re:No Clue, back at ya by Raineer · · Score: 1

    You're the one with no clue.

    Let me know how you can play your backup copies without a mod-chip or "magic disk".

  28. Re:No Clue by Opportunist · · Score: 1

    The right to copy anything that's no encrypted is moot if everything is encrypted. If it WAS possible to create a 1:1 copy of a game, copy protection and all, it would be quite ok and in sync with fair use. What makes the DMCA break the right of fair use is the fact that exactly that is impossible for most content.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  29. What about imports? by Moraelin · · Score: 5, Insightful

    What about imports? Now I'm told that at least the PS3 is no longer region-locked, but the PS2 was and so were a heck of a lot of PS1 units. (Although more loosely into PAL and NTSC regions.)

    I'm in Europe which is mostly PAL, and which also didn't get half of the PS1 games available in the USA in NTSC.

    So here's the deal: half the game I owned were US imports. None burned/"backed-up", all original CDs, with manual and box and everything. Sony got my money for every single one of them. Money which they otherwise wouldn't have gotten at all, since they never released those games down here. Yeah, that's the kind of an evil pirate I am: I went and gave Sony some money against their will.

    Sony also always acted as if imports are piracy. Again, we're not talking about burned CDs, we're talking units sold. Apparently the fact that I bought some games from them, which they otherwise wouldn't have sold me, counted as piracy to them. Apparently it's soooo much of a similarity between an inconvenience like "yeah, but it screws up our marketting data of how much units were sold in each territory" (which is all that game imports ever did) and pirating that game.

    Where I'm getting at is: it's not as simple as "modchips == piracy." There are perfectly non-piracy uses of modchips. One is mentioned in the summary (you'll ideally want your little kid to play with a copy, not to scratch the $60 disc) and another one I just gave you now.

    Plus, there's the whole moral issue of criminalizing people for owning a tool, as opposed to actually committing the infraction. If you still don't see the problem, think this: if you're a guy, chances are you have all the equipment you'd ever need to be a rapist. It doesn't mean you're automatically one. How about looking for people who actually committed a crime, instead of those who would technically have the means.

    And it seems to me that that's the whole problem here: the summary mentions raiding for mod-chips, not for burned DVDs.

    --
    A polar bear is a cartesian bear after a coordinate transform.
    1. Re:What about imports? by Broken+scope · · Score: 2, Informative

      There is no moral quandary, if you have the means, you obviously will commit a crime.

      Where is the rock you have been living under, are there any good ones near by that I can move too? Cause something tells me its a hell of a lot more pleasant under there.

      --
      You mad
    2. Re:What about imports? by Applekid · · Score: 1

      The problem is that the DMCA does not make the distinction between bypassing a copying mechanism because it's a hardware-enforced possibly unconscionable company-imposed territorial profit-maximizing restriction and bypassing a copying mechanism because it makes piracy simply possible.

      --
      More Twoson than Cupertino
    3. Re:What about imports? by torkus · · Score: 1

      Bla Bla Bla. Backup this, legitimate that. Now lets be HONEST. Do we really thing the majority (or even a substantial minority) of people with modchips are really using it only for 1) playing backups of games they own or 2) playing imports they have purchased 3) playing "homebrew" bla bla bla? How many others are copying games from blockbuster or online rental (netflix for games, forget the name) or loading up emulators and installing the "every NES game that ever existed" rom pack? Modchip sites and such always go on about the "legit" uses. Be realistic. Now, if something has a legitimate and illegitimate use - should it be illegal? NO! Good god what a slippery slope. Walking canes can be used to beat people to death, should they be illegal? Besides that, i'd argue that certain levels of piracy actually HELP game sellers. "Oh, did you play super-mario-madden '09 any Joe's house?" "Yeah, he has one of those modded consoles so we couldn't play online though. I bought it and it's awesome playing agaist Tom online!" It does amaze me that modchips that have the POTENTIAL to allow you to commit copyright infringement are more important than going after violent criminals, repairing worn out roads, or how about actually rebuilding WTC after 6 friggin years?

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    4. Re:What about imports? by Anonymous Coward · · Score: 0

      If you really have that thinking, I'd hate to see how much you sweat when contemplating crossing a street. Sooo many people with cars and therefore the means to turn you into a road pizza.

      Also shouldn't there be more effort to lobby for fair use? Seems that a lot of digital media law right now isn't written in favor of justice for the common man, but rather in favor of profit for the special interests. DMCA really needs to be repealed or overhauled. If mods allowing reasonable use of backups should still be deemed illegal for some reason, then there should be a law requiring manditory free replacement (for damaged discs) or trade of equal value (for incompatable region media for the same system).

    5. Re:What about imports? by shakingbrave · · Score: 1

      I can't be bothered to read all the replies, so I don't know if this has been said but the basic premise follows this: Lots of shops sell glass pieces for "Tobacco use only." Everyone knows what they're really used for (which is illegal). A head shop can be legally raided by the authorities because the glass pieces DIRECTLY enable THE VAST MAJORITY of people that use them to do something illegal. Same goes for mod chips. Yes you can smoke tobacco out of the glass pieces, and sure you can play import games/back ups of games you legally own/other legal things with them, but the VAST MAJORITY of mod chips sold are used to play pirated games. The cops aren't dumb, and you'll have a REALLY tough time convincing a judge that the MAIN PURPOSE and the MAJORITY of users use their mod chips for legal purposes. This isn't an issue of whether it's legal to mod your console, etc, it's a simple fact that mod chips enable millions of people to conduct an illegal activity. And that ain't gonna fly in the eyes of the law, it's by far the easiest way to curb the problem.

    6. Re:What about imports? by WhoBeDaPlaya · · Score: 1

      I hereby propose that we legislate a penis tax. Taking the usual stereotype regarding /.'s readership base, this should be a point of contention.

  30. uhm, not DEPARTMENT of homeland security. by Anonymous Coward · · Score: 0

    the department of homeland security is not the same thing as the homesec division of ICE. can't believe you got modded up for this.

    1. Re:uhm, not DEPARTMENT of homeland security. by Anonymous Coward · · Score: 0

      "for", not "of". ICE is a part of the DHS.

    2. Re:uhm, not DEPARTMENT of homeland security. by Svartalf · · Score: 2, Informative

      Wrong answer: Department of Homeland Security Immigration Services, Customs & Immigration Enforcement.

      It's been brought under the DHS umbrella. From their website: " Created in March 2003, Immigration and Customs Enforcement (ICE) is the largest investigative branch of the Department of Homeland Security (DHS). "

      Nice try, but no cigar for you. :-)

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    3. Re:uhm, not DEPARTMENT of homeland security. by teh_chrizzle · · Score: 1

      It's been brought under the DHS umbrella. From their website: " Created in March 2003, Immigration and Customs Enforcement (ICE) is the largest investigative branch of the Department of Homeland Security (DHS). "

      so my question is WTF is any branch of DHS doing enforcing the DMCA? WTF does this have to do with terrorism? do they think al qaeda's new plan for destroying america is flipping burnt video games?

      how is it that these dudes can track down mod chips in people's homes and businesses, but can't find osama bin laden? obviously bin laden isn't slinging mod chips or ICE would crawl up his ass in a matter of minutes.

      --
      sarcasm:
      -noun
      1. harsh or bitter derision or irony.
    4. Re:uhm, not DEPARTMENT of homeland security. by Svartalf · · Score: 1

      You'd be asking the same questions I've got for this situation- as everyone should be asking those selfsame questions.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    5. Re:uhm, not DEPARTMENT of homeland security. by compro01 · · Score: 1

      so my question is WTF is any branch of DHS doing enforcing the DMCA?

      which is the same question the GGP is asking.

      --
      upon the advice of my lawyer, i have no sig at this time
    6. Re:uhm, not DEPARTMENT of homeland security. by Anonymous Coward · · Score: 0

      how is it that these dudes can track down mod chips in people's homes and businesses, but can't find osama bin laden?


      what does the C stand for in ICE, genius? when osama bin laden starts doing massive amounts of business across state lines involving illegal products, then ICE would be involved. otherwise, you are misrepresenting the department of homeland security, which is not a single entity but an umbrella for specialised, federal law enforcement groups.
    7. Re:uhm, not DEPARTMENT of homeland security. by Anonymous Coward · · Score: 0

      or ICE would crawl up his ass in a matter of minutes. That statement made me shiver ;)
  31. Re:No Clue by tinkerghost · · Score: 4, Insightful

    You are correct. You may own as many backups as you would like as part of 'Fair Use' which the DMCA explicitly states it is not meant to interfier with, and the MPAA & RIAA lawyers argued in front of congress as being acceptable fair use. However, the DMCA does make creating, selling, distributing, and importing the tools to make backups illegal. Additionally, mod chips, which would allow you to use your legal backup - made with illegal tools - are also illegal. So, you are perfectly within your rights to own a backup, so long as you don't posses the tools to make it or the tools to actually use it.

    So, while the DMCA explicitly states that your fair use rights are not to be hindered by the DMCA, it simultaniously blocks your ability to impliment those rights by outlawing the tools required to do so.

  32. Mutually exclusive by Threni · · Score: 1

    > Are legitimate backup copies of a piece of software you own illegal under the DMCA?"

    The question doesn't make any sense. If they're legitimate, then they're legal by their very nature. If they're illegal, then they're not legitimate. It's like asking `what happens if an irresistible force meets an unmovable object`.

    1. Re:Mutually exclusive by Anonymous Coward · · Score: 0

      "It's like asking `what happens if an irresistible force meets an unmovable object`."

      Yeah. What *would* happen? I say the force would win and the object would move over.

    2. Re:Mutually exclusive by Jamu · · Score: 1

      You can regard rights as irresistible forces, but laws certainly aren't unmovable objects.

      --
      Who ordered that?
  33. Beg to differ.... by iknownuttin · · Score: 1
    The fed doesn't seem to want to raid businesses for hiring illegal aliens,...

    Sorry, but they do raid businesses for illegal aliens

    That's just one story. I'm trying to find the stories about the mass raids here in Georgia that went after illegal farm workers. Boy, were the farmers pissed!

    Some are going home anyway with the slowdown in the construction market anyway, do I guess the ICE guys are getting bored and justifying their jobs?

    --
    I prefer Flambe as apposed flamebait.
  34. In that case by Anonymous Coward · · Score: 0

    you need to be playing the backup copy all the time and use the original as the source of any future backup copies. Else why is a backup copy made? You don't use it until the original is gone and when that happens, you say you don't have a right to use it.

    An this has got to be bogus for another reason: if the are selling a LICENSE and not the product (else how can they put restrictions on your property) as they keep saying, then the license wasn't stolen, just the physical object. You still have that license.

  35. False Positives? by Sasquatch6 · · Score: 4, Interesting

    OK, so the FBI has just gone and raided a whole bunch of places looking for mod-chips. Presumably they would be looking for installed chips in consoles they raid at homes. How are they detecting these mod chips? Are they running a program to detect modified hardware (I would have thought MS, Sony, et al. would be doing that already). If not that, then they must be physically opening the cases to find the chips... Which brings me to my ultimate point: what happens if their information proves to be faulty, and the console is found chipless. Is the owner compensated for bother? Wear and tear? Damage? Loss of warranty after the console has just been opened? One would hope that the apology would extend to some sort of written proof that the console was opened for legal purposes, so that if that 360 red-rings, they can send it back without MS complaining.

    1. Re:False Positives? by msoftsucks · · Score: 1

      M$ ratted them out. They are the ones who called the feds in. This just proves the point, that since Vista phones home with alot of personal info, it is only a matter of time before the feds are called in for Vista violators.

      --
      Quit playing Monopoly with Bill.
      Linux - of the people, by the people, and for the people.
    2. Re:False Positives? by kocsonya · · Score: 1

      > Which brings me to my ultimate point: what happens if their
      > information proves to be faulty, and the console is found
      > chipless. Is the owner compensated for bother? Wear and tear?
      > Damage? Loss of warranty after the console has just been opened?

      No, but they definitely will *not* be shot dead behind their house!

  36. Re:No Clue, back at ya by fozzmeister · · Score: 1

    The practicality of the issue, is _nothing_ to do with the law.

  37. Content provider guarentee by Anonymous Coward · · Score: 2, Insightful

    All of these companies that want to prevent backups should be required BY LAW to provide multiple backup copies of any content to the consumer with no questions asked and free of charge. Then there would be no need for the consumer to make backups. If I buy a DVD and I want a backup an hour later; dial a 1-800 number and the company should have one in the mail right away.

    It is put up or shut up time for the content industry.

    1. Re:Content provider guarentee by TheBlunderbuss · · Score: 1

      This is a good idea, but to satisfy the company, you'd have to send them your old damaged copy.

      Otherwise, it'd be a great avenue to bootleg copies and garner unwanted attention.

    2. Re:Content provider guarentee by Anonymous Coward · · Score: 0

      If the old copy burned in a fire; do you scoop up a handful of ashes and say that it is the old copy?

  38. Who were the fools that voted in... by Anonymous Coward · · Score: 0

    the asses who enacted this DMCA crap? Hang your head in shame, voters. A pox on both your houses. This was once a free country, so I hear.

  39. Spam/Flood by Renraku · · Score: 2, Insightful

    Now that the FBI is handling this, everyone that knows their neighbor has a CD burner, mod chip, or unlocked DVD player should call and report them. After all, these things can ONLY be used to facilitate piracy.

    Maybe after a few hundred thousand calls they'd lay off. Shouldn't the FBI be doing more important things anyway? Like say, busting drug rings, killin' gangsters, thwarting terrorists, and making sure that all those school teachers don't have any child molestation charges?

    I don't see how busting people for having mod chips is going to help society beyond MAYBE a few video game purchases. Most of them probably got the mod chips in the first place to back up what they have or to avoid paying $59.99 for a piece of shit game full of bugs..I sure as hell wouldn't buy any more games for that generation if I couldn't make backups like I had done with all of my old ones, and I wouldn't start buying the games knowing that half of them will turn out to suck despite the hype/previews anyway.

    Busting a drug ring can save many lives, buttloads of money, and make society safer. Standing on top of a pile of cash/drugs/criminals and having your picture taken is a lot more glorious than busting some 19 year old in college because he pirated Madden '08.

    --
    Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    1. Re:Spam/Flood by Lord+Bitman · · Score: 1

      A great way to avoid bug-filled pieces of shit is to not play them.

      Fixed:
      "Most of these people probably bought mod chips to backup or steal games!"

      --
      -- 'The' Lord and Master Bitman On High, Master Of All
    2. Re:Spam/Flood by zarkill · · Score: 1

      MULDER: Look at this, Scully. There's been another MOD CHIP INSTALLATION in the heartland of America. We've got to get there right away.

      SCULLY: Well, gee, Mulder. There's also this report of a shipment of drugs and illegal weapons coming into New Jersey tonight.

      MULDER: I hardly think the FBI's concerned with matters like that.

    3. Re:Spam/Flood by Anonymous Coward · · Score: 0

      Busting a drug ring can save many lives, buttloads of money, and make society safer. No, it doesn't. The War on Drugs costs us billions upon billions of dollars per yr, which would be better served maintaining and/or creating new infrastructure, creating a better healt hcare system or going towards any of the other problems we have that can actually be mitigated or solved. Thus far, overall, we have spent trillions of dollars on a War on Drugs that has not even come close to making a dent in the drug trade. All breaking up one drug ring does is provide an opportunity for other, possibly more violent and dangerous criminals to take their place. We have seen this time and time again.

      Whether it be drugs, mod chips, or any other physical item that is readily available and/or easily produced, all you do when you prohibit something is a wind up making a black market for whatever it is.

      http://www.leap.cc/
    4. Re:Spam/Flood by Anonymous Coward · · Score: 0

      "bustin for drugs" is the same type of issue.
      there is a growing number of police officers that actually oppose the drug war, because it actually makes crime worse (i.e the prohibition): http://www.leap.cc/cms/index.php

    5. Re:Spam/Flood by BigDogCH · · Score: 1

      Oh come on. We all know that these modders are terrorists! I will finally sleep better at night knowing that Homeland Security is keeping me safe.

      Since you mentioned it, yes drugs also fund evil.........but only because they are illegal. Legalize drugs, and the funding now goes elsewhere (could go towards education, drug prevention, things that fight evil). Either way, at least the modders are gone.......our priorities are in order.

  40. the bigger question by Anonymous Coward · · Score: 0

    I think the bigger question that needs to be answered definitively is "What can I or can I not legally do with hardware I purchased?"

    Installing a modchip should be a violation of warranty, not a violation of law. Where is the line drawn? May I install a sticker on the case of my DS? Is that the limit of modifications I'm allowed to do? May I take it apart and look at the circuit boards? May I install an LED that blinks when certain memory registers are hit (thus potentially changing a game to include something extra?) May I have a modchip that allows homebrew but NOT piracy (they do exist)?

    Going broader, can I install a non GM approved radio in my car, even if it allows me to play mp3s I obtained from questionable sources?

    Where is the limit to what I can do with my own hardware?

  41. We have another RIAA on our hands by kueball · · Score: 0

    Yet another article on how the public is the enemy of corporations with money. The public is always stepping all over their "Rights." Of course we should buy three copies of every game the produce. We are not guaranteed fair use rights, so we should just fork over the cash now.

    Modchips are partially a side effect of game publishers greed. People don't want to pay for something twice. Copy technology progresses, and people are going to use it. Do we pay twice to have a spare copy of our taxes? How about that lecture that we recorded so we can listen to it again? So why does the some industries feel that they are any exception.

    I would be willing to bet that mod chips affect the game resale market is more heavily than the game publishers. If someone is not willing to pay full price for a game, they are more likely to buy it used, borrow it from a friend or steal it. Maybe the gaming industry is just getting out of hand like the movie/recording/TV industries all have become. Charging $500 for a game system to play games at $60 a piece gets pretty expensive. I guess it's no different than buying the box set of Friends when you can just watch in on TV anyway.

  42. This seems strange... by jskline · · Score: 3, Insightful

    First off, I sure hope they got legal warrants to do that because if they start doing that to an average citizen in the US, it's a breach of constitutional protections afforded to all Americans.

    I can see this if they are going after "producers"; ie people who are marketing the chips, and such especially if it's intent it to circumvent copyright protections.

    But that is a big issue. Some of these manufacturers want these software mediums protected such that if it becomes non usable then you have to send it in and get it replaced. This too is an ok platform until the manufacturer begins to determine how long they will do that, and at what cost. Then what happens to a product after it's lifespan has ceased? No more replacements or updates???

    "Sir; your product was discontinued last year and we have not yet seen your software disk returned to us. Send your disks back in to us now or face the penalty of the DCMA!"

    Just a thought.

    --
    All content in this message is copyright (c) 2008. All rights reserved. RIAA is prohibited here.
  43. It's what happens when.... by Anonymous Coward · · Score: 0

    ...contradictory legislation is passed. You have a right to make personal back ups under "fair use laws" but if someone encrypts or protects the product you can't break the protection without "breaking" the law.

    Politicians who pass laws don't care about the realities of what they do because their job is done (wash hands, all absolved, problem taken care of). It is then left to judges to sort through the mess ;who more often than not go by the letter, not the spirit of the law.

  44. "Backups", really? by seebs · · Score: 1

    Every time I see a debate about backups, I end up seeing one of the pro-backup people saying that the reason he needs to be able to play backups is that he can't afford full price for games, so he trades them with friends, or something like that.

    I think actual backups ought to be legal, but it seems to me that the well's been poisoned.

    --
    My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    1. Re:"Backups", really? by 8-bitDesigner · · Score: 1

      I actually haven't heard that argument too often, but that could just be due to the circles we travel in. Most of the people I know, who have an opinion on the topic, at least, generally use mod-chips to get around silly region encoding. I've got a mate in Japan right now, and the poor guy opted out of buying a Wii at the last minute because he realised his US games wouldn't work on an Japanese Wii or vice versa.

  45. Specifically allowed by the copyright owner by Anonymous Coward · · Score: 0

    You'll actually SEE in black and white something like "you can make one backup copy" in almost ALL software agreements. There is a section in the US's copyright law that SPECIFICALLY allows a single archive copy to be kept. So you DO have in the US a legal right to make one backup copy. You can use that backup copy by copying parts of it (which you have no right to do) but claim that is allowed under "fair use". That this use of your backup copy (or, indeed, the original) is not a "right" but a "defense" doesn't mean that you have no right to make a backup.

    "Slashdot requires you to wait between each successful posting of a comment to allow everyone a fair chance at posting a comment.

    It's been 31 minutes since you last successfully posted a comment"

  46. Homes & Business...? by SailorSpork · · Score: 2, Insightful

    I think the lack of information here is letting our imaginations run wild. I seriously doubt that we're talking RIAA-Nazi style "let's pick a few kazaa users at random and drag them to court" raid, my impression is that they're arresting internet & ebay resellers and professional installers of modchips, and the people that sell the modded XBox hard drives with hundreds of games downloaded to them. We're likely talking people that deal in several thousands of chips per year, not a peon kid who thought buying a random modchip to import / download / Linux-ize his system would be cool (so relax).

    And the question posed of owning a legitimate backup is a classic catch-22... if you own a legit backup, its legit. But if you made it and have to use it by breaking copy protections, that is a violation of the DMCA. How you can make a legit backup without cracking copy protection is the catch-22...

    1. Re:Homes & Business...? by Magada · · Score: 1

      So what if they're producers? Does the device have sufficient legal uses, or not?

      --
      Something bad is coming when people are suddenly anxious to tell the truth.
    2. Re:Homes & Business...? by Anonymous Coward · · Score: 0

      "Does the device have sufficient legal uses, or not?"

      When compared to photo copiers, blank media, CDR, VCRs, etc., which have already been defined as having substantial non-infringing use, no, "mod-chips" don't fall into the same category.

      There is also the issue of reverse-engineering, when and who may profit from doing so.

    3. Re:Homes & Business...? by compro01 · · Score: 1

      Does the device have sufficient legal uses, or not?

      as far as i understand it, it wouldn't really matter if it had a million legal uses and 1 illegal use, it would still be able to be considered illegal under the DMCA.

      then again, my caffeine might not have kicked in yet.

      --
      upon the advice of my lawyer, i have no sig at this time
    4. Re:Homes & Business...? by tepples · · Score: 1

      When compared to photo copiers, blank media, CDR, VCRs, etc., which have already been defined as having substantial non-infringing use, no, "mod-chips" don't fall into the same category. I am a programmer. Without a modchip, how do I run my game on a gaming computer with a monitor larger than 19 inches, or how do I fit four human players around a smaller monitor? Without a modchip, how do I run my game on a handheld gaming device?
  47. Mod chips only for playing illegal games? by Anonymous Coward · · Score: 0

    "Illicit devices like the ones targeted today are created with one purpose in mind, subverting copyright protections," Julie L. Myers Um, the mod chip I have in my xbox has NEVER been used to play an illegal game. It has been used however to utilize the hardware that I PAID FOR in the way I desire. I did not license the xbox, I did not rent my xbox, I bought a piece of hardware and I will use that in any way I wish. I'm sorry if your pricing structure depends on me buying games to recoup the cost of the hardware, that's not my problem.
  48. Your tax dollars at work by uncreativeslashnick · · Score: 1

    What really kills me about this is the fact that my tax dollars funded these raids. So I'm paying for FBI agents to kick in people's doors and, OMG! stop them from breaking copyright law! I think I'd rather the President repurpose the FBI copyright squad to fighting terror, thank you very much. I think the RIAA and company should have to pay for their own enforcement efforts.

  49. More than just game copies... by Ri6hte0us · · Score: 0

    Modchips can be used for more than just playing copied games. I have a modchip on my XBox for the sole purpose of being able to run XBox Media Center. I bought a piece of hardware -- shouldn't I be able to modify it as I see fit?

  50. Kudos! by Anonymous Coward · · Score: 0

    The article poster said "raises the question!" You got it right!!!!

    Thank you for not mis-using the phrase "begs the question."

  51. Mod chips illegal? by sherriw · · Score: 1

    Mod Chips are illegal?

    If I want to crack open my PSWii360, voiding the warranty and muck with the innards, since when can they stop me? This is news to me. Does this apply to old radios I used to open up and tinker with? Just silly.

    I wonder if that's only in USA...

    1. Re:Mod chips illegal? by someone1234 · · Score: 1

      If it is elsewhere, then it is definitely due to US pressure. Mod chips are illegal because they make pirating possible. There is/was something like the 'broadcast flag'. Overriding it might be illegal, i guess even using a modded an old radio.

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
    2. Re:Mod chips illegal? by Magada · · Score: 1

      Somebody mod this up, please. TFA says that modchips are illegal. How is it that it has come to be so? Has it, or is it just the old "let's stretch the law a bit and see if we can get people to break it"?

      --
      Something bad is coming when people are suddenly anxious to tell the truth.
    3. Re:Mod chips illegal? by Abcd1234 · · Score: 1
    4. Re:Mod chips illegal? by Magada · · Score: 1

      That's only the beginning of it. Can the DMCA be stretched far enough? Some other devices have been ruled to be OK, even if they COULD be used to circumvent copyright protection. Other devices (such as compilers or camcorders) seem to be obviously out of the scope of the DMCA. So, where is the line drawn this time? Should the presence of a modchip be enough to indict someone, like it is with "drug paraphernalia", or should actual breaches of copyright protection take place before modchips even come into consideration (perhaps as an added count)? What stance is the court going to take? This is new stuff, and it's worth speculating on it.
      On a side note, the way things are going in the US right now sickens me no end. DMCA? Disgusting. What next? Rules on whether&/what people are allowed to sing while showering?

      --
      Something bad is coming when people are suddenly anxious to tell the truth.
    5. Re:Mod chips illegal? by Scorchio · · Score: 1

      It's happening in the UK, too. I just heard last week about a guy I used to work with, whose home was raided due to his mod chip activities. When I worked with him, he earned his beer money by installing mod chips in playstations for about £20-30 a time. I'm guessing he continued the service with the newer consoles.

      Maybe that's the distinction here. Muck around with the innards of your own console, no big deal. Start a cottage industry charging people to enable bypassing of the copy protection/arbitrary manufacturer limitations, then they'll sit up and take notice.

  52. Re:Again? by Anonymous Coward · · Score: 0

    You two would be cute together.

  53. Microsoft praises by GregPK · · Score: 1

    Typical of Microsoft praising thier ability to develop crap machines that scratch our discs, and void our warranty if we repair this defect. Oh and not only that they can raid the house of the person who sells a piece that fixes this defect. I've always made copies of every music CD I bought along with every Game I bought. More often than not I've taken it a step farther and gotten the no CD crack. It's extremly annoying having to stuff your noisy CD drive when you play a game. I bought a mod chip for my xbox so I could copy my games and play them on the road off the hard drive rather than swapping CD's. I pay for it, I should be able to use it in the matter thats consistent with my comforts.

  54. it isn't complicated, folks... by dAzED1 · · Score: 2, Insightful

    This raises an important question: Are legitimate backup copies of a piece of software you own illegal under the DMCA?

    False question. You don't own the software. You have purchased a license to use, nothing more.

    I'm much against IP and such, but it is not helpful, at all, to rely upon this very weak, false, argument. You do not own the software!

    If you can't figure out the distinction, let me give you an analogy. Pretend you are a stripper. Someone pays you $40 to give them a lap dance. Do they own you while you are giving them the lap dance? Or are they simply borrowing your time?

    Now, replace "borrowing your time" with "license to use in a particular manner" and you have your answer. If you owned the software, you could change the license. Who owns World of Warcraft? Not you...Blizzard does. You merely have a license to use, in a particular way. I can't fathom why that is such a difficult concept for so many people.

    1. Re:it isn't complicated, folks... by tsm_sf · · Score: 1

      Wrong. You own the media. You have a license to use the software. I don't think that's complicated enough to warrant an analogy.

      --
      Literalism isn't a form of humor, it's you being irritating.
    2. Re:it isn't complicated, folks... by dAzED1 · · Score: 1

      what I said: "You do not own the software!"

      software != media. Is your reading comprehension bad, or did you just completely miss that I did make that distinction?

      And clearly it's a complicated concept, as so many people here rely so much on this false, wrong, argument. Attack IP as a concept, but don't be so stupid as to suggest, as the article does, that it is a "piece of software you own."

    3. Re:it isn't complicated, folks... by jZnat · · Score: 1

      If I have "licensed" the software, then the company licensing it to me should provide a new copy free of charge (or cost of materials) if my original (or new copy) is scratched, broken, or lost forever in any way. Oh wait, they don't want to do that? I bought a physical product and the fact that I (or someone else) broke it means I have to buy it again? But wait; I thought I was licensing it? Oh, so now I own it just so they don't have to provide me with a new copy? What the fuck? If they're not going to provide me with a new copy when needed, then they should be forced to let me do that. They can't have their cake and eat it too.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    4. Re:it isn't complicated, folks... by JimFive · · Score: 2, Insightful

      If I have a license to use the software then doesn't that license extends to whatever media that software happens to be on?

      Does that license go away if my disk gets broken?

      If I purchased a license isn't the company responsible for making sure that I can excercise that license by providing replacement media?

      Is it ok for my friend comes over and uses the software, he didn't buy a license. And the EULA most likely says that the license is non-transferable, so can I let my friend use my license? If I can let him use my license on my computer, why can't I let him use my license on his computer?

      All of the digital copyright issues have this problem. Either I own the media (and by extension the bits pressed into it) and can make copies, reverse engineer it, or sell it on ebay; or I own a license, which means (or should mean) that they are required to provide me with the ability to use what I have paid to use.

      The problem is that the companies are trying to have it in their favor both ways. It's a license, so you can't copy, sell, trade it; but it's a product so if it breaks its your own fault.

      JimFive

      --
      Please stop using the word theory when you mean hypothesis.
    5. Re:it isn't complicated, folks... by Anonymous Coward · · Score: 0

      That's a false dichotomy. In reality it's not either way. You own the media, and you need no license to use it. Law prohibits you only from making copies (except under Fair Use, which would include normal installation to a hard drive). EULA's are despicable, but at their base they are still offers of contracts, offers you can accept or reject. If rejecting it means the product is no longer fit for its advertised purpose, then return it. If store policy prevents you from doing this, sue them in small claims court.

      I don't see why the government should be involved mandating terms in an agreement between private parties. (I do, however think it should fix the DMCA to preserve fair use, but that's another story).

      -An Anonymous Law Student

    6. Re:it isn't complicated, folks... by CaseM · · Score: 1

      So I don't suppose they'd mind replacing my lost or broken discs for free since all I'm doing is "licensing" the software anyway?

      Where I work, if a client has a PC with a licensed copy of our imaging software and it or the computer goes tits up, we don't charge them for a new copy of the software when we re-install it, we just go out and re-install it for little to nothing since they're paying a licensing fee and don't actually own the software.

      Publishers in the game industry want to treat their games as both purchased and licensed depending on which side of the fence they need to be on at a particular moment without any of the inherent responsibilities. It's not right.

    7. Re:it isn't complicated, folks... by Anonymous Coward · · Score: 0

      >So I don't suppose they'd mind replacing my lost or broken discs for free since all
      >I'm doing is "licensing" the software anyway?

      Your comment makes no sense. If you have a driver's license, does that mean the Government should replace your car whenever it breaks down?

    8. Re:it isn't complicated, folks... by d34thm0nk3y · · Score: 1

      You merely have a license to use, in a particular way. I can't fathom why that is such a difficult concept for so many people.

      It is a difficult concept for people because it is wrong. When you buy something covered by copyright you buy that thing covered by copyright law. The only things governing your use of that item is copyright law, period.

    9. Re:it isn't complicated, folks... by dufachi · · Score: 1

      Ah, then the commercials selling the items on television, etc. should be clear.

      They say, and I quote, "Own it today on/for (insert platform, media style, etc.) today!" which of course sounds much more appealing than "License it today on/for (insert platform, media style, etc.) today!" as it gives you the impression that it's actually yours.

      --
      -Kinsey
    10. Re:it isn't complicated, folks... by Anonymous Coward · · Score: 0

      Then throw out the licensing provisions in copyright law, they've only been around a few decades anyway. Go back to you sell it, you loose all control of it. Licensing is just a government approved corporate kludge to get around true copyright limits anyway. Problem goes away.

    11. Re:it isn't complicated, folks... by Vitriol+Angst · · Score: 1

      Well, then this law is unconstitutional.

      The Consumer is Sovereign, and this trendy gimmick of "licensing you something" that you paid money for is an end-run.

      I buy a disc and I own that disc. The corruption of our marketplace to benefit a particular business has got to stop.

      It is not by any means a service and everyone involved knows that. If they don't allow for backup copies -- then they should allow for an inexpensive replacement system that is very easy to use. If they can't do that, then maybe they shouldn't get the privilege of having a business in these United States.

      I'm sick to death of companies who think their right to profit means putting people in jail. Solve your own method of getting money, or shut up. The courts and police are not yours to get your CEO a bonus, or even to employ your workers -- the are their to protect the life, liberty and peace of mind of citizens -- NOT BUSINESS.

      If you think otherwise, please read the Constitution of the United States -- you've been brainwashed.

      --
      >>"ad space available -- low rates!!!"
    12. Re:it isn't complicated, folks... by Vitriol+Angst · · Score: 1

      Pretend you are a stripper. Someone pays you $40 to give them a lap dance.

      Um, I can pretend it -- but you wouldn't pay anyway.

      1st) if you cannot tell the difference between a video game and a stripper -- you've been playing too long with the wrong things.
      2nd) A DVD is not a person -- therefore, not a service.
      3rd) You don't have to pay the stripper -- you can get kicked out, but it is an honor system. Maybe a "donation" to here breast implant fund.

      Please learn these important distinctions, before you support a system whereby people can purchase things, but never own them. With this analogy, I could be renting my damn tooth paste.

      >> That's not to say that maybe people shouldn't be modding the games to pirate. It's just that saying you have no ownership is bogus and leads to more rights for business than people -- always wrong. This country is for citizens, not profits. You can run a business respecting citizens, but you cannot have a Democracy, where business isn't compelled to respect citizens.

      --
      >>"ad space available -- low rates!!!"
    13. Re:it isn't complicated, folks... by DamnStupidElf · · Score: 1

      If you can't figure out the distinction, let me give you an analogy. Pretend you are a stripper. Someone pays you $40 to give them a lap dance. Do they own you while you are giving them the lap dance? Or are they simply borrowing your time?

      Does the stripper own the right to performance of that particular striptease? Is it illegal for another stripper to perform the exact same striptease? You're paying for hardware when you get a lap dance, not software.

      Now, replace "borrowing your time" with "license to use in a particular manner" and you have your answer. If you owned the software, you could change the license. Who owns World of Warcraft? Not you...Blizzard does. You merely have a license to use, in a particular way. I can't fathom why that is such a difficult concept for so many people.

      Blizzard owns a detailed set of instructions that they call World of Warcraft. You own a computer that can follow instructions, and if your computer happens to have a copy of the instructions that Blizzard wrote then you can say that your computer is playing World of Warcraft. There are two reasons copyright applies to this situation, one ancient and one recent. In the ancient sense, (really no older than the 60's or 70's) software was found to have copyright protection despite the fact that lists of instructions generally do not have copyright protection in and of themselves. E.g. a recipe can be copyrighted only as an instantiation in a physical work, not as the abstract idea of the ratios of ingredients that can be mixed together. Software is special in this case, because ultimately there can be no copyright on abstract ideas, only their implementation. The courts found that there was enough creativity in the fixing of abstract ideas in a particular manner that qualified for copyright protection, so software in general can be copyrighted. That was perfectly reasonable, and without software patents such a situation would be almost ideal in fairness to software writers and users.

      The problem occurred when some evil lawyers (and here I do mean evil, as in the freedom-stealing oppressive sort of evil) noticed that computers have hard disks and RAM and cache, and that they were making copies of software in order to follow the instructions in it. Some software even relied on this and purposefully instructed the computer to make copies of itself, commonly known as "installing" the software to a hard disk. Even some of the processes in advanced operating systems had to create derivative works of these copies of instructions by a process called "relocation", which allowed software to run at any base address in memory, and thus allow dynamic shared sets of instructions (libraries) and early multiprocessing before paging could work around the requirement that different groups of instructions (programs) must be present at different memory addresses. This is nothing compared with the fact that to run a list of instructions a computer must copy at least some small part of the instructions into itself in order to run them, due to the unfortunate consequence of physics that entropy must never decrease, requiring that the computer must have the same information as contained in the instructions in order to act on them. Since individual instructions can not be physically removed from the program and executed, they must be copied. Technically, this is not true. A computer could, in theory, chop a CD into tiny pieces and move them about inside the processor to run the program. Even better, a computer could store only references to the bits on the CD, and work only with the references, always returning to the CD when an instruction relied on the value of a bit at a given reference. In this case, references could be copied infinitely without violating copyright. To further optimize this computer, of course, references could be simplified so that a reference to a bit on the CD containing a "1" was labeled 'one', and a reference to a bit on the CD containing a "0" was labeled 'zero'. At what point does th

    14. Re:it isn't complicated, folks... by dAzED1 · · Score: 1

      you buy the media knowing that it is capable of breaking. That is your fault as a consumer. You should demand more durable sources of the product that you are licensing.

    15. Re:it isn't complicated, folks... by dAzED1 · · Score: 1

      Please learn these important distinctions, before you support a system whereby people can purchase things, but never own them. With this analogy, I could be renting my damn tooth paste.

      That's the point, idiot. You don't own World of Warcraft. You merely have purchased the right to use it in a particular way.

      And I don't support that system. Not in the least bit. But it is the system we have, and fighting it is made much, much worse when we don't even know what it is we're supposed to be aiming for. We should be aiming for patent and copyright law changes. We should be aiming for laws far stronger than the vague "fair use" clause that so many people grasp on to. We should be supporting community-produced products more. Want a game that doesn't tell you when you're allowed to brush your teeth? Then write one, or get with some folks that are writing their own OSS game, and work with them.

      As Ghandi said - "Be the change you want to see in the world." Whining in non-constructive ways is, - lo! As if by definition - non-constructive.

      You do not own the software. It is not yours to do with as you please. Just like the stripper.

    16. Re:it isn't complicated, folks... by Alsee · · Score: 1

      Who owns World of Warcraft?

      The question itself is wrong and meaningless. Exactly as your reference to owning "the software" was wrong and meaningless. And it perfectly exemplifies the point of law that you are missing.

      Not you...Blizzard does.

      No. Nobody owns "World of Warcraft".
      Blizzard owns the trademark on commercially using the the phrase World of Warcraft to market a software game product. Blizzard also owns the copyright on the software. The customer owns the disk he purchased. The customer owns the particular copy of the software on the disk he purchased.

      Copyright law is quite explicit on that point. Copyright law explicitly distinguishes betrween ownership of a copyright, and ownership of particular copies. Copyright law explicitly says that a customer buying a particular copy down not gain any ownership in the copyright (which is what you attempted to say with "If you owned the software, you could change the license"). Copyright law also explicitly says that the copyright holder does not retain any ownership in particular copyies of software that are sold. I do not recall the exact section of US Law Title 17 Copyright that says this, but I'm sure I can dig it up if you like.

      You do not need any license at all to "use" software, just as you do not need any license at all to listen to a music CD and you do not need any license at all to read a book. Copyright law explicitly says that you do not need any license at all to install software. Copyright law explicitly says that you do not need any license at all to run software. I can cite this one exactly from memory, US Law Title 17 Section 117.

      You might also be offered an EULA contract, but it is absolutely NOT copyright infringement to decline that contract offer and to install and run the software. Of course if you decline that contract offer, you receive nothing else that contract might offer. For example you do not gain any permission to use their internet services for World of Warcraft. However as I said it is absolutely not copyright infringement to install and run the software, just be sure you don't make use of their internet servers. Of course running the program without accessing their internet servers will have very limited functionality, unless you were to do a lot of difficult work creating your own server software. But either way it is noninfringing to install and run it to whatever limited extent without any server, or to install and fully run it with an alternate server setup.

      There are a number of tactics (which I won't address there) that they try to use to get you to agree to an EULA contract offer, but the two ultimate points are:
      (1) The law says that when you buy a medium bearing a copyrighted work you *ARE* the owner of the particular copy recorded on that medium; and
      (2) Presuming you have declined any attempted EULA / contract-offers, it is absolutely noninfringing to install and run software.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    17. Re:it isn't complicated, folks... by Vitriol+Angst · · Score: 1

      Seems that you didn't get the point at all.

      A consumer buys tooth paste and can use it to brush their teeth or polish a CD. Eventually, there is no toothpaste left -- you can't return it.

      If I buy clothing -- I can get on my sewing machine, and cut fabric and make copies all day long. I just can't re-sell any of these "copyrighted" designs.

      LEASING a product that I purchase, is by-passing the sovereignty of the Consumer, which is an important detail in the Bill of Rights. You keep pointing to "but they made an agreement to lease this product" as if that meant anything. The REALITY that we have people arrested based on laws supporting the lease model -- doesn't mean it is Constitutional. We have a lot of Bogus corporate crap right now that goes against the whole purpose of Commerce in America.

      NOTHING has support in our Constitution unless it the profit of it, benefits the public. Again, this reverse logic is no accident. Just as fixing elections results in America having Republican leaders who front for the Wealthy Elite.

      You do not own the software. It is not yours to do with as you please. Just like the stripper.
      >> Dude, how can you string together a sentence and not see that it is self-contradicting? The software is a "defined" product. You can "own" it or not -- but it's kind of like information. The PERSON is neither a product nor information -- so that's where the analogy ends. Apples and Oranges. The PERSON is protected by the Constitution, while PRODUCTS are not. Information, gets a lot more nebulous. If people had perfect memories -- companies will have to one day "own" part of you, to remove unlicensed memories.

      OWNING or COPYRIGHTING information is the wrong path to go down.

      If I had time, I could explain a working system. But the most important bit is to push to get this country back on track with the Constitution.

      --
      >>"ad space available -- low rates!!!"
  55. RTFA by Anonymous Coward · · Score: 0

    "...sale and distribution of illegal modification chips"

    Note the words SALE and DISTRIBUTION.
    People producing / selling chips, not users.

    1. Re:RTFA by Magada · · Score: 1

      Exactly how are modchips illegal, again?

      --
      Something bad is coming when people are suddenly anxious to tell the truth.
  56. Legitimate uses by Hydian · · Score: 2, Insightful

    There are legitimate uses for mod chips beyond making legal backups. The console makers want us all to beleve that these uses are also illegal, but they aren't.

    1) Playing import games. Playing imports has been popular for quite a while. The console makers hate it because it ruins their ability to control prices (even though the import scene has no effect on pricing) but it is perfectly legal.

    2) Homebrew games. Many platforms have a decent homebrew game scene (going back to the begining of consoles.) It requires a mod chip to play these games on newer platforms.

    3) General experimentation. People like throwing Linux on anything with a CPU. Consoles have some unique features that could be exploited for certain non-gaming applications.

    1. Re:Legitimate uses by lbbros · · Score: 1

      At least Microsoft and Sony have moved to avoid regional locks by default in their new consoles, while Nintendo, as usual, keeps a firm region lock on their machines.

      --
      A CC-licensed illustrated horror novel
    2. Re:Legitimate uses by ^_^x · · Score: 1

      As long as regional lockouts exist, I will use modchips. I refuse to buy two identical consoles where the only difference is one byte in ROM that gives permission to play a disc. If that also enables running pirated copies of games, then so be it - it's the game company's fault for incorporating the two lockout systems together like that.

      Sure, I can easily see how they're illegal under the DMCA, but that's just another reason why I refuse to have anything to do with the US gov't - they're crazy on all levels. Under that same circumvention law, someone could make a radio that won't receive certain stations, and press charges against anyone who reenables them! Talk about intellectual property law run amok!
      No DMCA in Canada just yet, so I will continue to order "blank PCB samples" from the USA then flash them with the code of my choice and stick them into my consoles.

      I download games like Phoenix Wright 1 and Trauma Center 1 for DS - because they're not sold anywhere! I hunted high and low for them, online and off. Finally I gave up and downloaded them, and that sparked interest to buy (PW) number 2, 3, and eventually 4 which I would not have even looked at without finding the first game. Living in Canada, I see it like the old grey-market satellite ruling: If something is not sold, a digital copy of it has no value, therefore how can it be stolen? Would you be charged with pirating MS-DOS 2.0? I would call MS's piracy hotline myself and tell them I distributed 300 copies of DOS 2 - I bet they'd laugh.

      Before anyone accuses me of just justifying piracy, I DO download a lot of games that look mediocre or bad, then play them for a few days and shelve them. That's illegal and I make no bones about it. Then again, these are not games I would buy (and usually they're not even sold on this continent!) I also have stacks and stacks of legit games that I pay for even though I don't have to. In this age, hard retail copies are like a tip jar - if you appreciate the product, buy the real one to give some payoff to the creators/publishers/distributors/etc and help convince them to make sequels. If you just buy a random game without a demo, you'll probably get burned to the tune of about $60 around here and get something barely functional and buggy. Nothing in place to protect you from that though - most places don't even take returns on any software, so good luck trading it in for 1/4 what you paid.

      Homebrew is an excellent one depending on the system. My PSP does wardriving, reads textfiles, plays fullscreen XviDs, and runs various emulators and homemade games. It isn't even chipped, though the firmware is probably illegal under the DMCA.

      Piracy is bad, the DMCA is far far worse. I wonder how they checked for modchips anyway? Ransack the home and disassemble every console? I'm picturing about $20,000,000 worth of broken consoles knowing how ICE is notorious for searching. I hope it's not illegal there to bring a class-action suit against them - Over here, Customs Canada is pretty much unaccountable for what they do.

    3. Re:Legitimate uses by Anonymous Coward · · Score: 0

      Under that same circumvention law, someone could make a radio that won't receive certain stations, and press charges against anyone who reenables them!

      That very thing was actually already illegal prior to the DMCA - radios that can receive on cellular frequencies or can be easily modified to do so have been verboten for quite some time. Additionally, Virginia and Washington, DC both have laws forbidding the use of radar detectors, which is nothing more than a selective radio receiver.

    4. Re:Legitimate uses by Vegeta99 · · Score: 1

      Funny thing about radios with channels blocked - US scanners skip over the 900MHz portion of the spectrum that used to carry AMPS cell service. I'm pretty sure it's illegal to change em back! =)

    5. Re:Legitimate uses by Lord+of+Hyphens · · Score: 1

      Clarification: The Wii is region-locked.
      The DS is not.

      --
      "I've spent my whole life figuring out crazy ways to do things. It'll work." -- Montgomery Scott, "Relics"
    6. Re:Legitimate uses by ^_^x · · Score: 1

      That is true. I was thinking more along the lines of a radio manufacturer blocking select public AM/FM stations. I don't really count cel phones, police scanners, etc as "radio stations."

  57. Mod parent +5 Stripperlicious! by Quiet_Desperation · · Score: 1

    Pretend you are a stripper. Someone pays you $40 to give them a lap dance.

    Best. Analogy. Ever.

  58. Fight! by voraistos · · Score: 0, Flamebait

    As long as there will be "security", anti-copy, DRM and whatever, preventing me from using my right to copy my own stuff, i will develop, copy
      and distribute software allowing me to use my "legal" freedom and right to copy whatever it is i bought. This attitude, i beleive, i the one any citizen of any country should adopt: defend your rights at all costs to protect what was built (the laws or the entire country) by those who previously died for it (the ancestors).

    Preventing someone from using his right to live (aka killing this person) is illegal. Preventing this same person from using their right to copy the stuff they own is illegal too, however remains unpunished. We have the right to copy, the RIAA and co. do not have the right to prevent us from doing so. They are not justice, they are not the law. Just an organization. And now it is time for them to pay for their threats and their crimes.

  59. Morons at Work! by Anonymous Coward · · Score: 0

    Above post should be labeled -5 for moronic.

    There is no concept of offering a hardware object for SALE under terms. Once you have bought this object, you OWN it. That means you can do what you like with it.

    Software can be licensed, hardware can be RENTED, in all these instances usage terms can be enforced. But for a SALE, you can only make terms BEFORE the sale. For instance, I can refuse to sell something to a person in certain states. But once that person buys my product, I cannot take it from him if he moves to one of those states.

    If you cannot tell the difference between BUY and HIRE, I suggest you do not make incompetent posts on the subject.

    1. Re:Morons at Work! by Danse · · Score: 1

      Software can be licensed, hardware can be RENTED, in all these instances usage terms can be enforced. Software can also be bought. If the terms aren't presented to the person making the purchase at the time of purchase (of a Nintendo game, for example) then they should not be enforceable.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  60. GE,GM, etc. have no morals by deck · · Score: 1

    Per Milton Friedman, companies have no morals (and I would extend that to the people that run them). However back to the point. If GE or GM or whomever can get the Government to make a law that you can only use their filter or bolt or whichever part then you are in a bad position. These companies then can say it is not their "fault" but the Government said it is so, a very circular argument.

    Along this line, I believe that the auto manufateurers one time attempted to get a law passed to make it illegal for person to work on their particular brand(s) unless trained by them. The reasoning they tried to push was that environmental and safety considerations could not be met. The rest of the story would be that you could only get trained if you worked for them or their authorized dealers and you would have to sign an agreement not use this information elsewhere.

  61. Said 1000 times before: by Devir · · Score: 2, Interesting

    I bought my Xbox in 2001 I believe. To be honest it was an amazing console. I loved that I could insert a CD and rip it to the xbox into a media library that could then be played in my games. What i didnt like was the CD's didnt at the time connect to the CD Database and named them for me. Therefor I learned to hate that feature very quickly. Using the dashboard to type in the CD names and song titles was wretched. Also the miniscule 8 gig drive filled up. With no way of adding a bigger drive...

    Later that year I discovered a mod chip that would simply plug onto the motherboard and one screw to secure it to the board. All of the sudden I could drop in a 60 gig drive, later a 120 gig drive. Amazingly now I could store my entire CD collection on my Xbox, 60 CD's in all. I believe about 12 gigs worth of MP3. Add in Xbox Media Center (player back then) and I could pretty much play all my MP3's to my home theater system complete with playlists and visualizations.

    Now because of the much bigger drive I copied some of my (Legally purchased) games directly to the hard drive. AMAZING load times were much faster. No more waiting forever to play Mercenaries. My Xbox became the center of my living room with it's feature rich entertainment possabilities. So far the uses mentioned are legal, well aside from this DMCA making it illegal to circumvent copyright.

    My POV is simple. MS designed and gave us a game console with quite a bit of power and expandability. The mod community made this better and locked me into using the Xbox. I BUY games for it still to this day (The exception being if there is a PC port). I use my Xbox to play tunes when I dont feel like waiting 15 minutes for my winXP system to boot up and load all that garbage and do checks and stuff before the OS becomes usable.

    Microsoft didnt fully "realize" the Xbox potential and underground groups brought that to light making something good better. Is there really anything wrong with that? I love mod chips and really believe they should stay. Modding Cars, Game consoles, houses pretty much everything is what people want, make it so.

    (for comparison, look into the Car modding scene, it's HUGE. Now look at the Console mod... small due to litigation.)

    1. Re:Said 1000 times before: by jcenters · · Score: 1

      Microsoft didnt fully "realize" the Xbox potential and underground groups brought that to light making something good better. Is there really anything wrong with that? I love mod chips and really believe they should stay. Modding Cars, Game consoles, houses pretty much everything is what people want, make it so.
      It's a real shame that the American way is now itself illegal.
      --

      vi ~/.emacs

    2. Re:Said 1000 times before: by Anonymous Coward · · Score: 0

      The car modding seen is heavily litegated. Touching almost anything under the hoods constitutes tampering w/ emissions and is illegal.

    3. Re:Said 1000 times before: by Vegeta99 · · Score: 1

      Don't underestimate the car company's efforts to limit us! Of course, limiting a person's understanding of a machine in which even the smallest parts can been seen and manipulated by a person without the need of a SEM is a little bit harder, and government mandates make sure that there is at least a standard method to getting diagnostic info from the engine computer, car companies such as BMW sign the software in ROM, and design the CPU/microcontroller to not run unsigned code or fuel mappings. I don't know how it works, but you would need something that had the same effect as an xbox modchip.

      Other manufacturers don't have the same protection, and even if they do, there is an open source design available, called MegaSquirt. (And that's the second time I got to throw that in there this week! No, I don't use it. Ford's EEC-V is pretty well understood and works fine :P

    4. Re:Said 1000 times before: by Devir · · Score: 1

      That still wont stop me from installing a Supercharger under the hood and getting a custom exhaust done. As long as the exhaust is under I believe 98decibles it's legal.

      If touching anything under the hood is considered illegal then K&N, Greddy blah blah would not be such a booming business they are today.

      At least with car modding, you dont get to spend 30 years in prison watching murderers and rapists come and go.

      300 Pound wall of muscle "What you in for man?"

      Geek: "I modded my Xbox so I could play games off the Hard Drive, I got 30 years. How about you?"

      Wall: "I murdered 6 people with rusty shards of metal, I'm out in 15 sweety"

  62. Movie Concept by LifesABeach · · Score: 1

    Mod Chip Makers vs. bin laden, what a movie that would make.

  63. The persecuted Geek by westlake · · Score: 1
    The fed doesn't seem to want to raid businesses for hiring illegal aliens, but they spend their time raiding businesses and homes for having mod chips.

    Morning Edition July 2, 2007 Some 62 illegal immigrants in Beardstown, Ill., who worked for a company that cleans a pork processing plant, are preparing for deportation following an immigration raid. One family anticipated problems and has a house waiting in Mexico. Illegal Immigrants Anticipate More Raids

    Do you want to hear a recital of all the stories like this that can be found in a one-minute search through Google?

    As the largest investigative arm of the Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE) is primarily a law enforcement agency. In addition to the core law enforcement occupations, there are also hundreds of professional and administrative functions that support the ICE mission. ICE has approximately 15,000 employees working in 400 offices nationwide and over 50 locations internationally. U.S. Immigration and Customs Enforcement (ICE)

    Why does it always surprise the Geek that law enforcement multi-tasks? That the game of life hasn't dealt him a "Get Out Of Jail Free" card?

  64. "Legitimate backups" by DragonWriter · · Score: 1

    Invoking the Digital Millennium Copyright Act of 1998, Federal Custom's Agents have raided over 30 homes and businesses looking to confiscate so-called 'mod chips', or other devices that allow the playback of pirated video games. This raises an important question: Are legitimate backup copies of a piece of software you own illegal under the DMCA?


    1. Modchips are not "backup copies", legitimate or otherwise. They are, arguably, circumvention devices under the DMCA. Whether some of the games that some people play with them may be "legitimate backup copies" is a different issue.

    2. I suspect the number of people using modchips to play "legitimate backups" is small compared to the number using modchips to play pirated copies.

    3. If a particular copy is illegal (under the DMCA or otherwise), it is not a "legitimate" backup.

    4. When a coordinated raid like this is done, its usually (there are exceptions) done based on evidence of some kind of coordinated enterprise. Even if people use modchips to play backups (technically illegal or not) of games they own legitimate copies of, I doubt very much that that's the focus of these raids.
    1. Re:"Legitimate backups" by Anonymous Coward · · Score: 0

      1 & 3 I aggree with. 4...eh, maybe!

      2 - This is irrellevant to the question!

      The problem lies in that the DMCA grants users the right to have a backup copy but there is no rules for a) how that backup is to be created or procured, and b) how that backup is to be used! If I want a backup of my new Madden 08, without breaking the current copyright laws by circumventing the encrytion, how do I make the damn thing! Then suppose I do eventually get the copy done, the consoles won't along me to use this without the use of these mod-chips!

    2. Re:"Legitimate backups" by Lord+of+Hyphens · · Score: 1

      Note that there do exist exemptions to the DCMA's 'do not circumvent' writing. Of course, I have no idea how much that'll help the crew of /.

      --
      "I've spent my whole life figuring out crazy ways to do things. It'll work." -- Montgomery Scott, "Relics"
  65. agreed, but they operate in a world with people by misanthrope101 · · Score: 1

    I agree that corporations have no morals. They'd be killing homeless people for their organs if it was profitable and they could get away with it. My argument was that we should not allow this level of obligation, not that comapnies don't want it.

    1. Re:agreed, but they operate in a world with people by Anonymous Coward · · Score: 0

      wow what drivel. who do you think owns, manages and runs corporations? aliens? grow up kid.

    2. Re:agreed, but they operate in a world with people by Anonymous Coward · · Score: 0

      uhh, why the answer is groups of people, and history has well documented the outrageous justifications perpetrated by groups of people. Research has shown how the fundamental moral inclinations of people change in groups. So why don't you grow a fucking brain you thick sack of shit. Stop stealing my air, you are unworthy of life.

    3. Re:agreed, but they operate in a world with people by Alsee · · Score: 1

      I agree that corporations have no morals. They'd be killing homeless people for their organs if it was profitable and they could get away with it.

      Bah! And you call yourself misanthrope.
      They'd be killing people for their organs if it was profitable and they could get away with it.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  66. China ain't lookin too bad anymore is it? by Anonymous Coward · · Score: 0

    Democracy apparently doesn't do us much good anyway. When all the politicians and lawmakers are owned by corporate interests, you don't really have a vote anyway -- it's always going to a guy who wants to screw you over.

  67. copyright rent-a-cops by lusid1 · · Score: 1

    You'd think "Immigrations and Customs Enforcement" agents would be out looking for illegal aliens and smugglers, not playing copyright rent-a-cops. From the looks of things, its just easier for them to hunt down people who might have the technical means to infringe someone elses rights than it is to hunt down people who have actually committed crimes.

    TFA doesn't have any details. Who did they raid? What did they confiscate? When did they do their investigation? Where were these "homes and businesses" located? Was there any _real_ criminal activity going on?

  68. Who needs Closed source games by Anonymous Coward · · Score: 0

    for Pretendo, Sony-Bony, and Micro$haft systems anyways? Why not use Open-Source games on an open source platform instead? Far superior and the source code can be manipulated at will, giving the player far more control over their game and system. Since there is no Digital Restrictions Management to worry about and it is free in not only speech but also root beer 'I can't stand beer ;)' the DMCA would never apply.

    Again, what is the need for closed source games and closed source systems?

  69. It's my device... by Anonymous Coward · · Score: 0

    "There is nobody stopping you starting our own computer hardware company, and making the device you describe. "

    If you bought the game system, why can't you open it up and do whatever you want to it? You don't intend to offer it for sale, you just want to tinker.

    And that's illegal?

    Who does that really help in the end?

  70. The irresitible force wins by bhpratt · · Score: 1

    > Are legitimate backup copies of a piece of software you own illegal under the DMCA?"

    The question doesn't make any sense. If they're legitimate, then they're legal by their very nature. If they're illegal, then they're not legitimate. It's like asking `what happens if an irresistible force meets an unmovable object`.

    That's not quite a fair comparison, but the question is still interesting. I say the the "unmovable object" is destroyed in its place by the "irresistible force."
  71. Depends... by Shadow+Wrought · · Score: 1

    In some areas medical marijuana is legal. If you have a handful plants, you're OK. If you have 500, than maybe you're not in it for the medicinal qualities. There aren't any details here, but in the past when the feds have done raids, its been agaisnt people making and selling the mod chips, not simply using one.

    --
    If brevity is the soul of wit, then how does one explain Twitter?
  72. 4th Amendment by AnyThingButWindows · · Score: 1

    'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'

    --
    When government fears the people, there is liberty. When the people fear the government, there is tyranny. - Jefferson
  73. Direction by steveo777 · · Score: 1
    I'm thinking that if they want to combat piracy, they should do it in somewhere that it will make a difference.

    Yeah, pirating is pretty common in the states and everyone has easy access to it with a descent internet connection. People can download ROMS and emulators for basically any system. Sure, you won't be able to play some on-line games, but it won't stop the determined. Try going to the Philippines and looking around for a game or a movie. You won't find a legal copy before you find a pirated version. North America and Europe aren't really the best place to look for rampant piracy.

    --
    This sig isn't original enough, it's time to come up with something witty...
    1. Re:Direction by Anonymous Coward · · Score: 0

      Actually here in Spain we love piracy, and Spain is in Europe in case you didn't know. Everyone I know has an edonkey or torrent client running over their ADSL lines, since making or having copies of copyrighted content is legal as long as you don't get any benefit of distributing it. Mod-Chips? Legal. Legally (not publicly known) you can enter a movie theater and record a film if and only if it's for personal use. But hey, it's the USA, 2/3 of you don't even know where Iraq is (http://www.cnn.com/2006/EDUCATION/05/02/geog.test /)

  74. Freedom versus the Illusion of Freedom by gadlaw · · Score: 1

    Freedom versus the Illusion of of Freedom and all you are losing now is your illusion of freedom. Welcome back to the Gilded Age where all the rights belong to the business interests and where your government uses it's police powers not to find Osama Bin Laden, but to find the kid who has a mod chip in their Xbox so they can play those hideously illegal imported Japanese games. It's not for the common good, it's not the best use of limited resources, it's the use of those limited resources to help protect poor downtrodden Microsoft. It's the use of your government resources for whoever pays your Congressman the most money. Not for you, not yours. Your rights to unionize have been taken away, your jobs have been outsourced to other countries where slave labor wages can be paid and you've been led by the nose to believe it's for your own good and to 'compete on the world stage' and only now is there a tiny bit of noise when your Engineer and IT jobs are being outsourced to India or through those work visas. It ends up sort of being a Nazi paradise with government for the Corporations, by the Corporations with you and I asked to wave the flags while believing we're all suspects and under surveillance for the good of the country. Long live the fatherland and you there with the Xbox, stop or we'll shoot.

    --
    Enjoy your Karma, after all you earned it. Feel your Karma Joe, feel it burn.
  75. Re:it isn't complicated, folks.(but you missed it) by Anonymous Coward · · Score: 0

    >You don't own the software. You have purchased a license to use, nothing more.

    Not completely true. You did buy more. You bought a copy of the software also. You own that copy. You didn't buy the software. And you are right, you do not own the software. But you did buy more than a license. You bought a copy of the software, and a license to use it.

    Much like a book. You buy a book, you own that book. You do not own the contents, rights or anything else, you just own that book. You cannot do anything with the contents, like selling the story to a movie producer, but you can indeed sell the book.

  76. Just pointing out a fact. by DimGeo · · Score: 1

    It was less hilarious when "pirates" (not ninjas, mind you) were compared to communists. After all, ideas of communism and "piracy" are somewhat similar. Now, they are compared to t.s, but it doesn't make sense. You see, communists want free stuff, t.s want to kill people. Most modern pirates just want free entertainment at home. True, the obsolete meaning of "pirate" was something like a t., but still... This is silly. Remember, free home entertainment without the fear of getting busted is one of the pillars of an obedient society. I mean, seriously, you govt people need to ENCOURAGE free entertainment, not ban it!

    Disclaimer: I am forced to make this disclaimer by the fact that I am in the US right now: I was just kidding. I believe in capital punishment for anybody that copies even a single bit without written permission by the bit copyright holder.

  77. Out of their ass by Anonymous Coward · · Score: 0

    Where RIAA and Co. get all their numbers

  78. Re:it isn't complicated, folks.(but you missed it) by dAzED1 · · Score: 1

    ...unless the license to use the book prohibits selling it.

    You don't own a copy of the software, you own a cd that has the software on it. If you buy a book, and the publisher somehow had a license that you couldn't resell it, then you could still resell the paper, just not the book. Because yes, you own the cd...just not what is on the cd.

    You also need to stop thinking about CDs and such, because if that is what you're going to base an argument on, then your argument is also getting weaker by virtue of the fact that more and more software is, and will be, network-distributed. What will your retort be when you don't even have a physical chunk of media with the software on it?

    Instead you should be addressing the underlying issue itself, that of IP. Knocking copyrights and patents down to 10-20 years, and forcing the holders to actually do something with them would be a start...then the Verizon v Vonage thing wouldn't happen, for instant. All sorts of things, really...right now we have a system that does nothing more than stiffle innovation, by preventing people from using the IP.

  79. Are you banned by Anonymous Coward · · Score: 1, Insightful

    from copying the dance
    telling people about the dance
    teaching people how to do the dance

    because this is what copyright does that is different from your "lapdance" analogy.

    1. Re:Are you banned by dAzED1 · · Score: 1

      no, that's not what the analogy would say. What the analogy would complete to in that way, if you want to do that, is if you told your customer, before you did it, that they weren't allowed to record, redistribute, teach, or in any way duplicate the lap dance you were going to give them, because it was a copywritten work of art.

  80. I'm so happy by traveller604 · · Score: 1

    I don't live in a police state :)

  81. Re:No Clue by jZnat · · Score: 1

    I would say that it's a right since it is an exception to a law (i.e., these practises under the Fair Use section are not considered copyright infringement) and the Ninth Amendment.

    --
    'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
  82. New war on terror? by Anonymous Coward · · Score: 0

    So homeland security was involved in this? Osama Bin Bootleg?

  83. You are defending outright fraud by spun · · Score: 2, Interesting

    How do you rebut the point that the terms of the contract are not disclosed when buying a console? Should one party have the right to enforce a contract that the other party has not agreed to, and doesn't even know about? That seems very authoritarian of you. It's almost as if you believe that anyone with money and power should be able to dictate terms unilaterally to those of us without. That's not really what you believe, is it?

    If game console manufacturers business model depends on limiting your freedom to use the device you purchase, shouldn't this be stated more clearly? Especially when it goes against all expectations about what the sale of an electronic device means? But that would hurt their profits.

    So really, this 'business model' that you are defending is based on misleading the consumer. You are defending outright fraud.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  84. What does this have to do with copies? by Vegeta99 · · Score: 1

    What does this have to do with copies?

    Oh, right, yeah. I forgot. Even though all the modchip does is let me use my hardware the way i want it to, its only use MUST be piracy!

    Guess I better stop using XBMC and start just copying moviez and gamez!

  85. Substantial Non-Infringing Use by Nom+du+Keyboard · · Score: 1

    Mod chips are capable of Substantial Non-Infringing Uses. As such, they should not be banned, should be legal under the Betamax decision, and the federal government has no business protecting corporate profits against legal uses of purchased and owned personal game consoles.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  86. Re:it isn't complicated, folks.(but you missed it) by Anonymous Coward · · Score: 0

    I think we are indeed talking about physical media, that is what is important here. Once we run over the network, then whoever is licensing the use is also providing a copy to use at that instant in time, so I don't need a backup. They do, I do not. If I can use the software when I want without any physical copy, then there is no problem.

    But for now, a copy of the software on physical media is required for me to use the license and the software on the physical media.

    Even if the license would prohibit me selling it, I do not think that a license can prohibit me from personally using something I purchased in any way I choose. And the DMCA even distances itself from the backup question. The stickler is that to have a usable backup you may need to break encryption, which doesn't have any fair-use exception as it stands.

    You are right that the whole underlying issue of IP is a mess, but this particular problem is caused by the DMCA and its end-run around fair use by allowing backups and prohibiting a way to make one.

  87. Sooner or later... by John+Pfeiffer · · Score: 1

    ...the feds are going to come knocking at my door because I use a mod device to play import PS2 games. OH-FUCKING-NOES. There are so many things in this world that make me angry, the whole wind-up and cool-down thing in between being pissed off is just too much effort, it isn't worth it to ever NOT be pissed off anymore...

    --

    Friend: "The NIC is misconfigured..." Me: "No prob, I'll just telnet in and fix it." *Silence*
  88. Re:No Clue by Archtech · · Score: 1

    "However, the DMCA does make creating, selling, distributing, and importing the tools to make backups illegal".

    That would include all computers with permanent storage of any kind.

    --
    I am sure that there are many other solipsists out there.
  89. One Nation ... for US and EU exploitation! by OldHawk777 · · Score: 1

    A government by, for, and of the corporatist-plutocrats is allowed many inalienable freedoms to prosecute Citizens with government assistance for the profit of the few to the determent of the many.

    If you don't like it find someplace better to live that is free of oppression and exploitation of the people.

    You can't name one place/country/... any better than EU & US can you. So, why whine when we will always be number one at something slightly better than indentured servitude, providing a far better living standard then anywhere in the whole world, and we are alot better off than those girl/woman slavery countries in Africa, Asia, Arabia (we [in the USA] can even export into slavery our beautiful poor girls for profits, ain't no trade balance problem in the flesh/sex trade). Now who do you think is delusional [AKA: Fycking nuts].

    It is so very sad that public square floggings, lynchings, and burnings are no longer an option for weekend public entertainment in the EU or US families and children after attending mandatory religious services.

    !HAVEFUN!

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  90. Copying is a strawman. by sowth · · Score: 1

    This argument about backup copies and "illegal" copies is a strawman. The game companies put those "protections" into their systems to control who writes programs for their computers. (yes, game systems are fully operational computers.) It has nothing to due with copyright other than software companies claim their EULAs are valid because of copyright law.

    IANAL, but I do not see how under any legal theory EULAs could be considered valid. First off, you generally aren't shown the EULA before you buy the product, in my jurisdiction that constitutes a blank contract which isn't valid. You don't even sign it anyway, so where is the agreement on the part of the buyer? Secondly, the companies say EULAs are enforcable because you have to agree when you copy the software to your system. In a game console you don't copy the firmware at all. Even if it is copied to RAM, it is highly dubious to apply copyright law because copyright law was ment to apply and applies to distribution, not simple copying.

    I have a Nintendo DS, and I want to program it so I can use it as a PDA / portable computer and such. I bought it, I own it. There is no legitimate reason for me to be forbidden to use it in such a manner. In fact, the game companies should be charged with deceptive practices and possibly antitrust voilations for putting such "antitampering" "features" into their products.

  91. There's a lot wrong with the article itself. by MrZaius · · Score: 1

    I can't believe this ridiculously poorly written article ever hit the presses. I've never owned a chipped system, but I'd have bought a chipped XBOX over an iTV or whatever in a heartbeat if it weren't for the risk of this sort of petty nonsense and the fact that the open sourced Neuros OSD hit the market and my living room at the same time I last considered such a purchase. Submitted the following to the Associated Press:

    I'd like to submit a correction for the article reprinted here, written by one "Federal Agents Go After Gaming Pirates Discussion at PhysOrgForum": http://www.physorg.com/news105194834.html

    Your author not only prominently quotes Myers saying that modchips have only "one purpose," facilitating piracy, but implicitly states the same fallacy the paragraph before. The Wikipedia article and every vendor go to great lengths to point out numerous uses that would have been perfectly legitimate and perfectly legal prior to the 1996 DMCA, and still perfectly moral and ethical and permissible in many other countries.

    Modchips enable open source developers with every right under their license to Linux to port that operating system to the XBOX, to create full-fledged media players that beat the iTV to market by YEARS, ala the XMBC. Additionally, these modchips have allowed hobby game developers to do just that for decades. Other modchips do NOTHING aside from disable region code lockouts on consoles and DVD players.

    This article is a joke. The incredible disregard shown by the facts of the situation shown by your reporter should have serious consequences - Would it have killed the lazy fellow to Google this term that was so apparently new and foreign to him?

  92. Only in America by im+just+cannonfodder · · Score: 1

    Only in America pirating and file sharing placed above other criminal activities, surly this is a mister meaner, oh sry i forgot America doesn't give a dam about its ppl which is why your social care is one of the worst in the world of the developed nations you have no universal health care, you still support capitol punishment but criticise other countries when they use the death penalty and are run by warmongering capitalists.

    Q. how much did the operation cost the American tax payer?

    The American dream lives on Sieg Heil Bush.

  93. public interest? by dbc001 · · Score: 1

    Here in the US, the authorities ignore the public interest and cater to corporate interests, while over in Germany they ignore the corporations and cater to the public interest. un-fricken-believable.

  94. Having my home raided for tinkering with a console by Moniker42 · · Score: 0

    I don't care what the DMCA says, I reserve the right to tinker with, break, alter or pirate my games consoles.

    People need to remember that morality is not defined by the law (far from it) and that the laws are controlled by government, which is in turn mostly influenced by large corporations (i.e. movie studios and the RIAA).
    This is just another example of why American politics needs to steer itself away from the money-race politicians have for funding, the candidate with the most money to spend on smear campaigns and advertising is most likely to win - and who supplies the candidates with this money? Do you think they might expect something in return, or at least give their support to this candidate (making them more likely to win) because their proposed policies will be beneficial to the financial backer?

  95. I think you missed the point by mbessey · · Score: 1

    "In compliance with US DMCA, this product has been designed and produced to enable legally authorized "fair use" rights of creating and operating from backup media.

    The WHOLE POINT of the DMCA is that it does away with the concept of "fair use" copying, for any creative work that's protected by an "effective" (their term) technological copy-prevention system. The "intent" of the modchip manufacturers doesn't enter into it - if the device is primarily designed to foil a copy-prevention system, then it's illegal.

    Modchip manufacturers could certainly implement a system where the modchip was linked in some way to the copying system, to prevent secondary copies. That idea has two basic problems:

    1. Making the first copy is illegal under the DMCA, so it doesn't actually help their legal stance at all.

    2. Eliminating interoperability would take away the primary market for this device - people who want to play copies of games without buying the originals - i.e. "pirates". We all know that there are "legitimate" uses of these chips, but the vast majority of the people who buy them aren't interested in those uses.
    1. Re:I think you missed the point by redelm · · Score: 1
      No, the DMCA specifically says at 17 USC 1201 (b)(2)(C) that it does not diminish "fair use".

      As for your (2), of course the elimination of unauthorized copying is the idea. That the law. But unauthorized copying is not fair use, and if fair use is to survive, it must be pristine. Design the modchips for "fair use", not everything including unauthorized copying. If there's no market, then maybe fair use (running backups) is not important!

    2. Re:I think you missed the point by geminidomino · · Score: 1

      Design the modchips for "fair use", not everything including unauthorized copying. If there's no market, then maybe fair use (running backups) is not important!

      So how does one write firmware that can determine if the disc in the drive was copied from a purchased original instead of a copy from Blockbuster?

      Technical solutions never have and never will solve social problems.
  96. Simple Solution to the whole problem by gabrieltss · · Score: 1

    Here is a simple solution to the whole problem, QUIT BUYING THE GAME CONSOLES!

    If people just quit buying them in protest of this cr@p the maufactures would get the message really damn quick - it would hit them in the bottom line - loss of sales - loss of $$$$.

    People do nothing but whine and moan about not being able to "backup" their games, play imports, yada-yada-yada. Show the **IAA, the government, and business you want to be able to do this - it's called choice in competition. Show them things like the DMCA can backfire on them. If the corporations want to give money to the politicians to pass a$$inine laws like the DMCA show them what you think about it - show them how much money they will lose doing these kinds of things.

    Simply QUIT buying the consoles, STOP buying the games! Sooner or later they HAVE to get the message...

    But, people are too busying sitting on their a$$e$, shoving cheetos in their mouths with a game controler in hand b!tching instead of DOING something about it.

    Boycotts DO work if you just stick to it. Don't think you HAVE to have the latest greatest console and game from whatever manufacturer you prefer. If you can't control yourself from buying it, your ADDICTED, just like a crack addict, and it shows they controll you instead of you showing control of yourself.

    I quit buying consoles/games years ago, until this kind of cr@p stops - they won't get MY money!

    --
    The Truth is a Virus!!!
    1. Re:Simple Solution to the whole problem by wideglide · · Score: 1

      Did exactly that. Was shopping around for a console and while reading tech articles about my prospective gaming gear decided to not support this bs. Opted instead for a big LCD screen, decent graphics card and wired the old stereo to the soundcard ...
      Now still playing classics like freeciv or flightgear. Don't settle for less. If I buy a product I treat it like it were bought. If I can only get the right to use - forget it. No deal !
      Just say no to corporate stuff !

      Wideglide

      --
      The sum of intelligence on a planet is constant. Nowadays we have more people. When classic goes away, so do I. Copy
  97. Fundamental Misunderstanding Continues by Anonymous Coward · · Score: 0

    This is why I keep coming back to /. for the comedy. The "mom's basement" crowd simply does not grasp the concept of licensing. Time and time again, they think that having the 1's and 0's in your possession means that you necessarily "own" something outright. You do not. There's copyright on software, and then there's licensing. You are not buying a copy of a game to own it. You are paying for the right to play the game, or use the software, so long as you only use the software according to the terms of the license.

    You people... I swear to God. Stop bitching about DMCA, fair use, etc, in the same sentence as "software you own". YOU DON'T OWN IT, so forget about it. That ship has sailed. They own it. They control use, now get over it.

  98. Dang! by Anonymous Coward · · Score: 0

    I just checked the major sites and they're all out of stock!

  99. chips mod by ralph1 · · Score: 0

    as long as they have the unlimited use of tax dollars they can waste them as they please.

  100. its not strictly either/or by Anonymous Coward · · Score: 0

    Contrary to what politicians would prefer folks believe, most situations in life and business are not exclusively A or B. IBP made two changes, each of which allowed wages in that industry to be reduced.

  101. Disc Care by Neko_D · · Score: 1

    You know backing up is all great and wonderful. But in the end without some trick you cannot play the disc.

    Why not invest a couple hundred dollars into a disc buffing system? Honestly there would be no need to keep backups if you kept your discs clean.

    1. Re:Disc Care by tepples · · Score: 1

      Honestly there would be no need to keep backups if you kept your discs clean. Should all parents of children who play E-rated video games keep the games under lock and key for this reason?
    2. Re:Disc Care by Neko_D · · Score: 1

      People who have kids are not allowed to have fun because they have reproduced. And decent Disc buffing systems are not that expensive. Generally the fluid costs about 10 cents a disc.

    3. Re:Disc Care by PsyQ · · Score: 1

      A disc buffing system won't help if you lose the discs. That's one reason why backups are allowed and "this right cannot be revoked by contract" in some countries, for example in Switzerland. No matter what the copyright holder says, I am legally allowed to make that backup. And since the consoles won't play backups without a modchip, those are legal too. You can even buy pre-modded Wiis, PS2s and whatnot here, for example at videogame.ch. And if you need your existing console modded but don't feel too confident with the soldering iron, you can get it modded at modding stores such as Modzone.

      It's too bad that some places like the USA and the EU are so tightly controlled by Hollywood and the big bucks :P

    4. Re:Disc Care by Neko_D · · Score: 1

      Yeah it is annoying, but what is to stop me from shipping in my PS2 to get modded? Either way I know the temptation to just "Make a Backup" of another persons games is to very tempting for most.

      you know what might help? If sony made Backup discs. You know DVD-Rs that have the special Sony security on it.

    5. Re:Disc Care by geminidomino · · Score: 1

      Of course, even the most 'decent' of the buffing system likely sucks, and even the best of the best won't save a disc with a deep enough gauge (and 'deep enough' isn't very)

    6. Re:Disc Care by Neko_D · · Score: 1

      True, when you scratch into the physical data the disc can no longer be saved. At that point I wonder, what is stopping you from destroying the back up?

    7. Re:Disc Care by geminidomino · · Score: 1

      The point of a backup is that, if it's destroyed, you can make ANOTHER backup from the original and use THAT one.

    8. Re:Disc Care by Neko_D · · Score: 1

      Which is all fine and good if the chip is indeed used for that. But what is to stop my friend from getting a mod-chip and borrowing my backups? I guess a good question is what separates a backup from a copy, aside from a word?

    9. Re:Disc Care by geminidomino · · Score: 1

      Nothing. A backup IS a copy. The point is that not all backups are 'OMG Piratez!!1! are in our games stealing our dollarz!' and that mod chips DO have legitimate uses.

    10. Re:Disc Care by geminidomino · · Score: 1

      That should read 'not all COPIES are...' bah...

    11. Re:Disc Care by Neko_D · · Score: 1

      Yes this is something I know. It is not that they do not have legitiment uses. It is that they are used for illegal uses as well.

    12. Re:Disc Care by geminidomino · · Score: 1

      There are a great many devices which have perfectly legitimate uses that may be used for illegal activities. A steak knife becomes a murder weapon; an automobile, a getaway car; psychiatric medication, a recreational drug...

      The problem rises in the logic that potential illegal use makes the device unfit for sale. This was shot down with the original VCR. Now we've got the redux and the legislature is far more readily and openly for sale, so we are in danger of this idiocy taking hold.

    13. Re:Disc Care by Neko_D · · Score: 1

      Indeed we are, really all it takes is some person saying "Why should I have to pay for this?" to begin down the path "HOLY CRAP SOMEONE IS STEALING and since this can be used to steal that must be everyones primary objective".

  102. Re:Bogus post by Anonymous Coward · · Score: 0

    Except you reposted to the same P. :) :D

  103. Justifiable Reason by stmfreak · · Score: 2, Insightful

    I added them up. Over $1,000 USD spent on XBOX games since we bought our console in 2001. And that was just the discs that I could find. I have discs without boxes, boxes without discs and I know that I purchased some discs that I can no longer find boxes or disc for at all.

    But the rough value of what I was able to find and secure through the years is easily $1,000. I added them up. I think I cried a little. Because they were all, ALL of them, irrevocably scratched.

    I have children. Children don't do well with shiny plastic. We had trouble keeping the SNES games working, but at least I could order screwdriver bits from Hong Kong, open the cases and brush the food out with vinegar, a toothbrush and some compressed air. The Nintendo 64 was equally difficult to keep operational. When the industry unanimously went to DVDs with the Gamecube, the XBOX and the PS1, I knew we were doomed. But we settled on the XBOX because of Halo.

    Five years later, two XBOXes, four power supplies, twenty controllers, four DVD enablers/remotes, four years of XBM with sample DVDs (most missing), and over $1,000 in games, I did it.

    I broke the law.

    After installing mod chips, I managed to copy some, not all, but some of our dying games up to a Samba share on our network. I spent another $40 on a DMCA device known as a grinder along with some cotton polishing wheels and plastic polish and managed to restore a few more DVD discs to readability. I also destroyed one permanently learning how to do this slowly and carefully enough. We now have about 23 titles "saved" and usable, and at least another 30 waiting for me to attempt to restore them.

    Could we go to blockbuster, rent a game, save it and play it forever? Sure, but we don't. Just like I don't run around committing murder with my kitchen knives on a daily basis. We need to teach the industry that capability != intent. You'd think they would figure this out. When our XBOX wasn't working and I was staring at all our destroyed video games, we STOPPED BUYING GAMES.

    Now that I have a modded xbox that can make a permanent recording of the games I legally acquire and pay for, I don't mind buying games.

    This sort of rationale is why we still play Halo 2 on our modded xboxes. This is why we no longer have an xbox-live subscription (we'd be banned). This is why we have not purchased an XBOX 360. I am very concerned that the next gen consoles will drain my money away through easily scratched polycarbonate game media. It's almost as if they designed them to disintegrate upon contact with children.

    I hope someone in the industry is listening. I need a console that allows me to install software, then put the media in a safe place. Without this feature, my kids cannot play for long (some games only lasted one day) and we don't purchase as many games as we otherwise might.

    --
    These opinions guaranteed or your money back.
    1. Re:Justifiable Reason by Mr.+Roadkill · · Score: 1

      I am very concerned that the next gen consoles will drain my money away through easily scratched polycarbonate game media. It's almost as if they designed them to disintegrate upon contact with children.
      This is the reason I'm considering getting my Wii chipped. My kids (5 and 7) are extremely careful with DVD and Gamecube and Wii discs because we've brought them up that way, but accidents can still happen - especially if they're all bouncy and excited because their friends are visiting. It should be legal for me to make a copy for everyday use and keep the originals under lock and key, whether it's a DVD or computer software or music CDs or videogame console discs. Hell, I've even heard that it's possible to mod the Gamecube to play backups, so given my *huge* investment in those games and the fact that we still have a Gamecube in the house too I'll consider getting both consoles "criminalised". It's legal here (Australia) to get game consoles modded (region locks, homebrew s/w, etc) but it's still illegal for me to do something perfectly reasonable like only use copies and keep my originals under lock and key. No, the law is broken. Those who will commit piracy (whether it's to save themselves $20 to $100 per disc, or to make money selling bootleg copies) will do so anyway. Those who try to do what it's perfectly legal to do with computer software with their DVDs or videogames are automatically committing a crime - it's wrong, it shouldn't be that way.
  104. Intrusion Countermeasure Electronics by Plazmid · · Score: 1

    So ICE is trying to crackdown on ICEbreakers. I just had to bring neuromancer into this one.

  105. 17 USC 117 by tepples · · Score: 1

    Modding normally involves some sort of change to the firmware. True, but some changes are not an infringement of copyright, such as outright replacing a work with an original work. I buy an Xbox console. I install Cromwell BIOS and GNU/Linux on it. Whose copyright have I infringed?

    Just modifying it is against the EULA. Many national copyright statutes, such as 17 USC 117(a)(1), state that essential adaptations to a program are not an infringement of copyright. Please show me case law where an adhesion contract presented after the purchase of an authentic consumer product has been shown to override these statutes.

    But its not what i think that matters here, its the court. Courts of law publish their opinions. Which one are you looking at?
  106. HOA defined on Wikipedia by tepples · · Score: 1

    Okay for the uninformed and non local to you (mwah), what is an HOA? House of agony.
  107. -1 Offtopic by Anonymous Coward · · Score: 0

    "Assault Weapons" haven't been illegal since 2004; it's just illegal to manufacture them for public use. Even then, any automatic weapon made in the US before 1986 or imported and registered before 1968 can be sold to private citizens. The only regulation is the background check required for most firearms now and a $200 tax when selling them. There are many shooting ranges that will rent out fully automatic weapons for use at their range.

  108. Re:Bogus post by cez · · Score: 1

    aye =.- damn proxy

    --
    Walk with Music;
  109. Restrictive covenants by tepples · · Score: 1

    I mean, you supposedly OWN the land the house is on, correct? How can you be forced to sign away rights as to what to do you 'your' land? Because it was included in your contract when you bought the land, and it will be included in the next owner's contract when you sell the land.

    I'm surprised there hasn't been some discrimination or other type of infringment suit brought against a HOA which would not allow you to buy a home if you didn't sign a HOA agreement? Some restrictive covenants are constitutional; some aren't.
  110. Involuntary servitudes by tepples · · Score: 1

    look up covenants running with the land and equitable servitudes. These equitable servitudes had better be voluntary, or they are barred in the United States by the Thirteenth Amendment. How are these servitudes voluntary, especially if they are attached to all land in the nearby area?
    1. Re:Involuntary servitudes by crankyspice · · Score: 1

      These equitable servitudes had better be voluntary, or they are barred in the United States by the Thirteenth Amendment. How are these servitudes voluntary, especially if they are attached to all land in the nearby area?

      Um, there's more than one definition for 'servitude.' (1) An encumbrance consisting in a right to the limited use of a piece of land without the possession of it; a charge or burden on an estate for another's benefit [the easement by necessity is an equitable servitude]. The three types of servitudes are easements, licenses, and profits. (2) The condition of being a servant or slave . . . (3) The condition of a prisoner who has been sentenced to forced labor. (Black's Law Dictionary, 2nd Pocket Edition, pp638-639)

      Don't worry, most people are ignorant in such matters before law school.

      --
      geek. lawyer.
  111. Terms printed on box by tepples · · Score: 1

    How do you rebut the point that the terms of the contract are not disclosed when buying a console? Solution: print the important terms on the bottom of the box. Unlike video game software, video game hardware typically comes in a large enough box to permit this.
  112. You want Steam by tepples · · Score: 1

    Exactly why we should be able to make backups. Without that ability, we end up having to repeatedly pay to retain the software/movie/whatever just because they are distributed on a fragile medium. Then choose titles published by publishers who make their titles available on an other-than-fragile medium on platforms that support an other-than-fragile medium, such as games on Valve's Steam platform.
    1. Re:You want Steam by Danse · · Score: 1

      Then choose titles published by publishers who make their titles available on an other-than-fragile medium on platforms that support an other-than-fragile medium, such as games on Valve's Steam platform. You talk as if one is a substitute for another in a free market sense. They aren't. There is no non-fragile medium available for game consoles. The law is the problem here. The law is interfering with us taking reasonable action to protect our investment. The law needs to change. The only reason there isn't a larger outcry over this is because most people that want to back up their discs will do so even though they may be violating the law. If enforcement steps up, then people will get hurt, but maybe we'll get a large enough dose of indignation from people to inject some sense back into the legislation, instead of having congresspeople letting the entertainment industry write the laws so that they can get rubber-stamped by Congress.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  113. A very substantial minority on GBA and DS by tepples · · Score: 1

    Do we really thing the majority (or even a substantial minority) of people with modchips are really using it only for 1) playing backups of games they own or 2) playing imports they have purchased 3) playing "homebrew" bla bla bla? 3) Yes. Visit gbadev.org and see all the homebrew projects for Game Boy Advance and Nintendo DS. Would you call the projects under discussion in these topics "insubstantial"?
    1. Re:A very substantial minority on GBA and DS by torkus · · Score: 1

      It's not that there is NO homebrew. It's that the majority of the use is not FOR homebrew. There's a heck of a lot more quality and available titles compared to homebrew.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
  114. If your only ISP is "linksys" by tepples · · Score: 1

    Well, it worked for an OS to be connected to the 'net at least once every 6 months, I don't think it's far fetched that they'll require the same for game consoles soon, too. It needn't be a permanent connection, can you see people using modchips when they have to go online once a month (and get "updates" crammed down their throat), or do you think that would be too much a deterrent with WiFi becoming more and more mainstream and consoles (see Wii for reference) being able to use WiFi instead of cable based networking? What's more illegal: buying and installing a modchip to play homebrew, or fetching system updates over an open Wi-Fi connection from an ISP called "linksys"?
    1. Re:If your only ISP is "linksys" by Opportunist · · Score: 1

      Depends entirely on whether you know that your console is connecting to an open Access Point. As it's proven before, you are not liable if you're too stupid to keep your computers safe.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  115. DMCA retroactivity; where to find the text by tepples · · Score: 1

    is the DMCA retroactive? The provisions of the Digital Millennium Copyright Act are retroactive to works published on or after January 1923 (a date set by the Sonny Bono Copyright Term Extension Act enacted in the same month), but not retroactive to circumventions performed before October 1998.

    Disclaimer: haven't actually read the DMCA - have better things to do. Can anyone send me a copy Search for 17 USC 1201 and 17 USC 512 on Google or any other web search engine to find the important statutes enacted as part of the DMCA.
  116. Universal v. Reimerdes by tepples · · Score: 1

    the DMCA specifically says at 17 USC 1201 (b)(2)(C) that it does not diminish "fair use". "Fair use" and other defenses in sections 107 through 122 are defenses to the offense "copyright infringement". They are not defenses to the offense "circumvention", which is a separate and orthogonal offense. Universal v. Reimerdes.
    1. Re:Universal v. Reimerdes by redelm · · Score: 1
      DeCSS. Sure. Bad facts won't give good rulings. In particular, note the intent found and narrowness mentioned. From the wiki:

      The particular facts and litigation posture of the defendants was pivotal in this case. The district court found that the "primary purpose" of the defendants' actions was to promote redistribution of DVDs in violation of copyright laws, because the defendants admitted as much. See Universal City Studios, Inc. v. Reimerdes, 111 F. Supp. 2d 346 (S.D.N.Y. 2000). The finding was upheld by the Second Circuit Court of Appeals on the specific facts of the case, but the appellate court left open the possibility that different facts could change the result. See Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001), at footnotes 5 and 16.

      The defendant's strategy narrowed the issues before the judiciary. Although the validity of the statute was upheld, application of the specific provisions of the Act was not squarely addressed. Both courts took pains to consider facts of the specific case as presented. Neither the trial court nor the appellate court considered First Amendment issues

    2. Re:Universal v. Reimerdes by tepples · · Score: 1

      The finding was upheld by the Second Circuit Court of Appeals on the specific facts of the case, but the appellate court left open the possibility that different facts could change the result. See Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001), at footnotes 5 and 16. Thank you for clarifying the intent of the appellate court in this case.
    3. Re:Universal v. Reimerdes by redelm · · Score: 1
      You are welcome. Note particularly Note 16 from the Appellate decision on DeCSS:

      16 Even if the Defendants had been able to offer such evidence, and even if they could have demonstrated that DeCSS was "primarily designed for the purpose of" playing DVDs on multiple platforms (and therefore not for the purpose of "circumventing a technological measure"), a proposition questioned by Judge Kaplan, see Universal I, 111 F. Supp. 2d at 311 n.79, the Defendants would defeat liability only under subsection 1201(a)(2)(A). They would still be vulnerable to liability under subsection 1201(a)(2)(C), because they "marketed" DeCSS for the copying of DVDs, not just for the playing of DVDs on multiple platforms. See, e.g., Tria1 Tr. at 82.0.

      Quite a remarkable, yet non-ultra vires statement. DeCSS was recidivistly _named_ as a circumvention device. Red flag. Nothing to prove. Had it been designed LxDVD and coded/marketted accordingly this court says it would "defeat liability".

  117. The dog in the manger by tepples · · Score: 1

    it's pretty damn unlikely that anyone is EVER going to release most of these games on a given console. Unfortunately, governments have not yet carved out an exception for the use of such orphan works, so use of a "GoodNES set" is still as much a violation of law as indecent exposure.

    And I'm pretty damn sure that Sony and MS aren't fighting mod chips to keep me from playing the C64 version of "Blue Max" on their consoles. Isn't that something you can do on a set-top PC running GNU/Linux?
  118. Homeowner's insurance by tepples · · Score: 1

    If the old copy burned in a fire That's what insurance policies are for. Get the right provisions written into your policy, and you'll have a check big enough to buy a used copy of the game on the secondary market.
  119. Choreography copyright; 17 USC 117 by tepples · · Score: 1

    Does the stripper own the right to performance of that particular striptease? Is it illegal for another stripper to perform the exact same striptease? If a dancer uses a camcorder to fix the dance in a tangible medium, then yes, she owns exclusive rights in the copyrightable portions of the dance's original choreography.

    The problem occurred when some evil lawyers (and here I do mean evil, as in the freedom-stealing oppressive sort of evil) noticed that computers have hard disks and RAM and cache, and that they were making copies of software in order to follow the instructions in it. And when that occurred, national governments enacted statutes declaring such copies non-infringing. Such statutes include Title 17, United States Code, section 117.
  120. iQue DS by tepples · · Score: 1

    The DS is not. Almost true. There are two DS regions: China and everywhere else. Games published in China for the Chinese "iQue" DS won't play on systems sold everywhere else. But you're right that "everywhere else" is much larger than the console or DVD-Video regions, because if handhelds were region-locked, the jet set would bitch.
  121. From Concubine to Stripper... by woolio · · Score: 1

    Interesting analogy...

    After a few minutes the stripper walks away. Everyone knows they have to fork over a few more bills for continued entertainment...

    But when one 'buys' a video or software, they get to keep the physical medium and watch it whenever they like -- perhaps more "concubine" than "stripper". Virtually no other household product is like this... If you physically have possession of it, you can do with it as you like. One may not own the software, but they own the medium! So why should they be restricted on their actions toward the medium! Tearing a book in half and giving a half to a friend is perfectly legal. Yet, cutting a Windows CD in half and giving it to a friend probably would be illegal -- (Unauthorized re-distribution of copyrighted software in part).

    Of course the trend now is that all software will be rented for a time-limited period... So it seems the software industry is going to the strippers... Thus, Bill Gates is a whore.

  122. Which open-source platform? by tepples · · Score: 1

    Why not use Open-Source games on an open source platform instead? Which open-source set-top box are you talking about, and which open-source gaming handheld are you talking about? And who will pony up the money to develop non-program assets for these Free games, such as models, textures, scripts, sound effects, music, and the like?
  123. "The owner of a copy" (17 USC 109 and 117) by tepples · · Score: 1

    You are not buying a copy of a game to own it. Citation needed. Title 17, United States Code, sections 107 through 122, defines a whole slew of actions that are not infringements of copyright if undertaken by "the owner of a lawfully made copy", where "owner" is interpreted per state commercial codes.

    You are paying for the right to play the game, or use the software, so long as you only use the software according to the terms of the license. Were the terms of this license presented to me before I purchased a copy of the game, in order to make the transaction not a "sale" per state law? Or by license, are you referring to the implied license granted in statute?
  124. Stardock has the most abusive copy protection by Anonymous Coward · · Score: 0

    Stardock?
        That company has the WORST and most restrictive copy protection. It REQUIRES the software to "phone home" to work. If you don't have internet access you are screwed. If a component of your system fails and you need to replace it, your hardware number will change (as calculated by Microsoft). This means that Stardock's software will NOT work until it can "phone home". Personally I only buy software I can load and run without internet access. Stardock fails in this situation.

    1. Re:Stardock has the most abusive copy protection by pandrijeczko · · Score: 1
      I've not used any Stardock software apart from the two Galactic Civilization games - and I've hardly played the first one anyway.

      Yes, you need an Internet connection to register initially and to get updates but I have GC 2 installed on a laptop that travels everywhere with me and I can play the game happily with no CD or Internet connection wherever I go.

      Things may be different for their application software but I cannot comment because I've simply never used any of it.

      --
      Gentoo Linux - another day, another USE flag.
  125. What's so good about game consoles? by tepples · · Score: 1

    You talk as if one is a substitute for another in a free market sense. They aren't. In monopolistic competition, substitutes are imperfect. The patent and copyright laws that set up this situation are intended as a compromise made to encourage invention and creation. True, this compromise is nowhere near perfect, and crony capitalism has gone on long enough that the resulting inefficiencies remain unchecked.

    There is no non-fragile medium available for game consoles. How does a set-top PC with four USB gamepad ports not qualify as a substitute for a game console, or how does Steam fail on a set-top PC?

    If enforcement steps up, then people will get hurt, but maybe we'll get a large enough dose of indignation from people to inject some sense back into the legislation, instead of having congresspeople letting the entertainment industry write the laws so that they can get rubber-stamped by Congress. True, Dr. Lessig has shifted his focus from copyright to the crony capitalism to which you refer, which he and others see as the root cause of the problems with copyright. But is it possible to contain crony capitalism even in the developed world?
    1. Re:What's so good about game consoles? by Danse · · Score: 1

      How does a set-top PC with four USB gamepad ports not qualify as a substitute for a game console, or how does Steam fail on a set-top PC? Because PC games usually aren't even remotely similar to console games, and Wii games specifically, especially when you narrow it down to just Steam games. Totally different target audiences there. They really aren't very comparable at all.

      True, Dr. Lessig has shifted his focus from copyright to the crony capitalism to which you refer, which he and others see as the root cause of the problems with copyright. But is it possible to contain crony capitalism even in the developed world? I'm not sure if it's possible or not, but I'm glad he's the one pursuing this. The guy is very smart. I've read a few of his books, and they made a huge difference in my understanding of copyright and intellectual property in general. I just don't know if he'll be able to educate enough people to make a difference.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    2. Re:What's so good about game consoles? by tepples · · Score: 1

      Because PC games usually aren't even remotely similar to console games, and Wii games specifically, especially when you narrow it down to just Steam games. Totally different target audiences there. But why do the audiences have to be totally different? Why can't a studio make a console-style PC game targeted at Everyone and sell it over Steam or an equivalent service?
    3. Re:What's so good about game consoles? by Danse · · Score: 1

      But why do the audiences have to be totally different? Why can't a studio make a console-style PC game targeted at Everyone and sell it over Steam or an equivalent service? Because PCs are hard. Or so goes the usual explanation. They also tend to be more expensive. That's why we have the XBox :) It's basically exactly what you describe, except that it still primarily uses DVDs for games, although there are a limited number of small games that you can download from the XBox Live service. I guess you could say that we're trending in that direction, but we're definitely not there yet.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  126. Oh they want to stop the mod chips by shwaindog · · Score: 1

    When I read the title of this /. post I immediately thought.
    Damn what an abuse of power, those Federal Agents should just go out an buy the mod chips for themselves, just like everyone else. Every now and then they have the occasional marijuana burn off, but you never see the porn raid or mod chip burn offs.

    --
    Even Shakespeare used an Apple, albeit slowler and tastier than todays Macs.
  127. Oh good, this should be great... by lessermilton · · Score: 1

    Well, unless we prove we're as addicted to games with crappy laws attached as we are addicted to wal-mart. Maybe now we'll start voting with our wallets and simply stop purchasing anything under the DMCA - now we can go get our entertainment from the "real" world. That's really the best way to do it - let them succeed in their "rights management". Let them manage their rights right into their closets. If everyone stops purchasing their spam-walled products (You know, spam is crap nobody needs, and nobody intelligent wants, but people pay for it anyway or it would go away. DRM is crap nobody needs, and nobody intelligent wants, but people pay for it anyway, or it would go away. Spam-Wall(tm) security through annoying the heck out of the end user), then they would get no profits. Then pretty soon they would realize that DRM is a bad idea. But right now, as long as we're making the choice to consume their spam, they can pretend to pass laws for the good of the creator (of the content we want. The laws are good for the creators of their spam) The only way to stop stupidity is to stop paying for it. So please, stop stupidity.

    --
    I wish I had a witty .sig
  128. Piracy or justice? by Anonymous Coward · · Score: 0

    First of all, Im from argentina, situation here is quite different, but I still think some considerations should be taken world wide on this issue.
    I wont create an account as this is a one time thing for me, mostly scince Im on my way to become a Game Developer myself this strikes me as an interesting issue.
    In order to not be considered an anonymous coward (dont like that tag) you may call me NEXUS

    I see most people here are from the US and speak of US laws, but as in any discussion about law I think the most important thing is to speak of the concept itself, why does piracy rise up? what would change if piracy was erradicated?

    First of all, the more the industry tries to fight piracy the more piracy benefits from it, for example, as a consumer of pirate software, if you can access software for free, only through the cost of a broad band connection, piracy does not benefit directly, you are not paying them, but when lets say playstaion makes nessesary the use of a mod chip to play pirated games, you have to pay for them anyway but the pirates are the ones taking the profit.

    Second, any hard core gamer plays at least 20 or more diferent titles a year, like myself, such people are collectors by nature, but not always the pocket sufices the needs of such obsession, Its hard enoughf to keep up with hardware requirements, so mostly they (we) pay only for our most favourite titles, one a year or less, and just for collection, make a copy right away and never again open the box :P
    But some time ago came a group of guys that made a point about why this happens, the CroTeam, authors of Serius Sam, published their AAA title at only 20 dollars, most games go up to 80 or more, I paid for this title scince I loved the game and it was a more than fare price, and I can say for sure, that if every game rounded that price I would have 10 times more original games that I do now.
    This is an example that proofs that games and software in general are extreemly overpriced, when a game comes out at 120 dollars (wich in my case is 1/4 of my monthly income) piracy becomes justice at my eyes.

    Third, most people that uses pirated games (at least down here) would not pay for them even if piracy was not an option, they just cant afford it, so really the industry isnt loosing that much money, however piracy allows a much wider spreading of the game that would not take place otherwise, making possible a much more popular online gaming, cybercafes paying for the original games, gaming tournaments with lots of advertisement and royalties to the industry and so on, so they accualy get some benefit from piracy.

    The best example of this is Microsoft, Windows is as popular as it is, and Billy the Gates is as pornograficly billionare as he is, BECAUSE his system was easy going on piracy, therefore, everyone has it, therefore everyone nedds it, therefore everyone made software for windows, therefore most buisnesses cant live without it and those DO pay for their licences (well... most of them anyways :P).

    Another point of piracy I see not so evil, Demos are not always enoughf to know if you will like the game as much as to be worthy of paying for it (when the pockets hurt) scince many games look good the first few levels but when you go deep they are poorly balanced, get monotonous, repetitive and boring or stuff like this, having a tight budget as I do, I wouldnt pay as much as 50 dollars (here a dollar costs 3 times more what it costs to us citicens) unless I am already a fan of the title, piracy makes it possible for me to test the game deep enoghf, know for a fact that i love it, and therefore be willing to pay for it.

    Also, about backup copys, Im more than onboard on that point, when paying for an original hurts, having the original scratched and becoming unreadable is a hundred times more painfull, the industry should allow backup copys or give away free replacements of broken originals scince the gamer already payed for it, also, playing with the disc on

  129. Only for illegal purposes? by TheBeowulf · · Score: 1

    Um... I don't see how turning my Xbox into a Media Center is in any way "illegal".
    I own the songs and movies I play through there.
    I own the Xbox in question, regardless of what some non-legally-binding EULA says.
    I own all the games that might be run from the HD.
          Okay, so that last one violates DMCA. I still don't think it violates the 'spirit' of the law.
    I don't *sell* modded Xboxes. I made it that way for fun and to improve upon the usefulness of the beast.

    I also turned one into a Linux File Server... can't tell me THAT is illegal too. Oh the ironic shame. Take that Microsoft.

    ---
    AC is for Cowards...

  130. It is Illegal to lock region code in Australia by Anonymous Coward · · Score: 0

    It is illegal to enforce region codes in Australia.
    So remember, next time you buy a DVD player - ask them for the 'unlock code'. If they don't comply then quote the ruling and ask them if they really would like to go to court and pay you $30,000 for violating the ruling on DVD region encoding in Australia.