College student faces 10 years in jail for illegally modding consoles

[ninjarabbit]

http://www.google.com/hostednews/ap/articl...sLx7mwD99RR63O0

 

 

This shows why America needs tort reform. Rapists, murderers, and child molesters often face less time than this. If anything society should be putting his talents to work rather than throwing him in jail.

Edited August 4, 2009 by ninjarabbit

[16-bit]

Wow. 10 yrs? That's harsh.

[BDW]

My question is this: How the in the name of holy fuck did they find out? My guess is that he either told someone on the internet or he was putting guides on the internet. Then the ESA probably picked up the scent. I know if I modded a console to do that, I wouldn't tell anyone on the internet. (I love my psp)

Edited August 4, 2009 by brandondwright

[birdie3]

I would love to know (ultimately) how this violates any legitimate moral code whatsoever. Greedy video game makers are dicks. If they don't want people modding them then they are going to have to stop making them modifyable.

[Video]

Yeah, it'll get thrown out, there's no laws against modding the consoles (even if you can do illegal stuff with it then) like it or not.

 

I would love to know (ultimately) how this violates any legitimate moral code whatsoever. Greedy video game makers are dicks. If they don't want people modding them then they are going to have to stop making them modifyable.

 

Yeah, make them cooler so heating isn't a problem, then pour epoxy around them, just make them a solid brick. Upside, low modifiability, down side, no repairability.

[xg4bx]

there has to be more to this story. he was probably offering his services for $ and thus profiting from it otherwise why would they bother raiding his house? he had to have been a bootlegger for that to have happened.

 

i feel no pity when pirates get nailed. i pay for things. are you better than me and deserve them for free?

 

pro-tip:want to play foreign games? open your wallet and import your cheap ass a system.

 

or buy a ps3. region free is the smartest thing sony has ever done. region encoding is an utterly prehistoric concept. its a goddamn video game, they should be universal.

[MegaManFan]

A game store in Omaha got closed 7 or 8 years ago for the same reason. They were selling chipmodded systems off the shelf and the place got busted and I believe the owner copped a plea and did some fed time. They never re-opened.

[potatohead]

If you can't open it, you don't own it.

[Ben_Larson]

10 years is probably just the maximum sentence possible, ever, as defined by the statute. Federal sentencing guidelines define what Federal judges actually hand down, and it's almost always far less. Still it's obviously a stupid and unjust law.

Edited August 5, 2009 by Ben_Larson

[NE146]

there has to be more to this story. he was probably offering his services for $ and thus profiting from it otherwise why would they bother raiding his house?

 

It appears he was.. for $100 a pop.

 

Wired expands on the report, indicating that Homeland Security authorities arrested the man from his Anaheim home following reports that he was running a home business that modified Xbox, PlayStation, and Nintendo gaming consoles for $100 each. Based on a tip provided by the Entertainment Software Association to the Immigration and Customs Enforcement branch of Homeland Security back in May, authorities seized a dozen modified consoles over the weekend..

Edited August 5, 2009 by NE146

[+remowilliams]

Yeah, it'll get thrown out, there's no laws against modding the consoles (even if you can do illegal stuff with it then) like it or not.

In this case, yes there is - its called the DMCA...

[godslabrat]

Yeah, it'll get thrown out, there's no laws against modding the consoles (even if you can do illegal stuff with it then) like it or not.

In this case, yes there is - its called the DMCA...

 

We really need to have the DMCA repealed. I'm sorry, I have no problem with a parent company denying you support or network access because you mod your console... but there's NO reason you should have criminal charges filed against you for messing with your own property. And yes, once I pay for something and bring it into my home, it IS my property.

[2600Lives]

This shows why America needs tort reform.

 

No, this shows that the true patriotic Americans need to grab every single authority figure responsible for this, from the police making the arrest to the judge trying the case, line then up against a wall, and gun them down in cold blood. We'll show them with deadly force what happens when our rights are infringed upon and the spirit of the Constitution is shat on.

[nathanallan]

A while back I remember someone somewhere (probably EU) advertising cases so people could recase their 360's and M$ sent a cease and desist letter. That was the last I heard of it.

 

The 360 is a POS and the cooling is only ONE issue it has. M$ ought to have a class action suit against them for releasing a defective product that is bound to break down. Actually, I think one person is trying to do that, can't remember where I read that.

 

The disk drive is a cheap-o pos, the heatsinks are too small, the airflow is too little and restricted, there's not enough good quality heat transfer grease, the power supplies are bare minimum. It reminds me of these crotch rocket bikes 20-somethings buy-- ride them until you wreck it, and since it isn't worth fixing ditch it and hopefully you didn't bust your head open in the process (kinda like the 360 when you knock the dam brick against your head[xbox360=brick]).

 

Glad I never bought one. Class action suit against M$ for releasing a defective product on an eager unknowing public.

 

I guess this was a rant. Sorry guys.

[shadow460]

This shows why America needs tort reform.

 

No, this shows that the true patriotic Americans need to grab every single authority figure responsible for this, from the police making the arrest to the judge trying the case, line then up against a wall, and gun them down in cold blood. We'll show them with deadly force what happens when our rights are infringed upon and the spirit of the Constitution is shat on.

 

Amen to that.

 

Unfortunately, aside from the DMCA, just about every single piece of software and every game system nowdays comes with a EULA that states by using the product you agree to certain things. Among them, you agree not to modify the console or game in any way at all.

I know for a fact that is with every PSP firmware update. I am assuming it comes with software updates for other systems as well. It's also in the PSP manual, and I assume it's in the manuals for the other systems.

 

Sorry, guys, I purchased it, it is MINE, and if you do not like what I do with it, you should not have sold it in the first place.

[Atari Dogs]

The guy modified the consoles so that it was possible to play pirated games (along with other types of games and movies I am sure.) It does not say he sold any pirated games to his customers. I would have thought the worst he would have done was void the warranty.

 

I better hide my hacked psp with all the roms from AtariAge on it.

[godslabrat]

This shows why America needs tort reform.

 

No, this shows that the true patriotic Americans need to grab every single authority figure responsible for this, from the police making the arrest to the judge trying the case, line then up against a wall, and gun them down in cold blood. We'll show them with deadly force what happens when our rights are infringed upon and the spirit of the Constitution is shat on.

 

Amen to that.

 

Unfortunately, aside from the DMCA, just about every single piece of software and every game system nowdays comes with a EULA that states by using the product you agree to certain things. Among them, you agree not to modify the console or game in any way at all.

I know for a fact that is with every PSP firmware update. I am assuming it comes with software updates for other systems as well. It's also in the PSP manual, and I assume it's in the manuals for the other systems.

 

Sorry, guys, I purchased it, it is MINE, and if you do not like what I do with it, you should not have sold it in the first place.

 

I agree with both of you. Although I know the EULAs often state such things, has it ever been tested in court (US courts, at least) as being binding? Bottom line, what I do with something in my own home is my business. If I want to take a PS3 game, and make 4,000 copies of it, and use them as frisbees, it's my right, and I've done Sony no harm unless one of those frisbees happens to leave my home and become a "piracy" issue. By the same token, if I want to mod my 360, there's nothing MS can do to legally stop me. Sure, they can deny me support or network access, but that's a choice on their part.

 

Bottom line: you can write whatever you want into a contract, but will it stand in court?

[potatohead]

EULAs are largely worthless, unless they follow actual contract terms. Shrinkwrap piles of legal terms don't get them much that they don't already get with existing law. Same for the "by using this, you agree to the following bullshit" acceptance screens popping up all over the place. I hate those.

 

The problem with EULAs isn't their dubious legal merit, it's how they are used in tandem with the DMCA to prevent people from exercising their right of first sale. Basically, if you auction, trade, etc... these things, the larger company will shut you down, citing a violation of their EULA, and will often just make a frivolous DMCA claim. Pushing back on these often means being able to proceed, but it costs a lot of time and or money to do, rendering them effective anyway. Bummer that.

 

This flexibility (and they see it as a loophole, or problem) is being circumvented largely by Internet based authentication schemes where the software obtains a profile of the hardware it is operating on, then the user registers and is given an access code. Where the software is moved, or reinstalled, whatever, that authorization code may not work on the new target hardware, and the transfer service is denied to anyone but the original purchaser. This is often so much of a bitch to navigate that many people find it easier to simply obtain a new copy of the software, or buy a copy, then operate off a cracked version for their own ethical reasons. (with games, this is done a lot)

 

That is being addressed with increasingly digital distribution, or via Internet content delivery to complete a purchase. You might purchase something only to find a critical component is delivered online, and only to a registered user. Or, you might find the content of the program incomplete without a download, again done with only registered users. These things limit transferability, meaningful archives and such.

 

On the positive side, virtual machines are proving quite handy for archiving software of this kind! You register in a virtual machine, perform all required operations, then operate the program from that environment, archiving it as a whole, much like just archiving a machine without the worries of hardware failures. I strongly recommend this, particularly with expensive software that does not require higher levels of graphics performance.

 

And the battle in EULA land goes on and on...

 

Higher end software is solid with a full compliment of business documentation. Offer, acceptance, complete with PO, signature license term agreement, and invoice, packing slip, etc... Those agreements stick as they are actual contracts. I've been involved in a few court cases surrounding these. Not as a defendant, or plaintiff, but as a witness. Those have teeth, and usually are not associated with software, or devices under about $5K. Those licenses often span 20 to 100 or more pages and spell out in more detail than the average person can understand, just what your right to use entitlement rights consist of. Those are combined with high-tech license encryption that is often tied to specific hardware attributes that key that investment to a particular machine. The catch on that is transferability! If your machine breaks, they will move it for a hefty fee, or won't move it until annual fees are paid in full, with no gaps allowed. This is an area of study for me, both professionally and personally. Nasty world out there kids. If you end up signing for a software license agreement, do read it. The terms actually do matter and not reading it isn't a viable defense, just like any other contract duly sealed and delivered.

 

As for the "I bought it, meaning it's mine", that is only partially true today. A growing number of products are tied to a service. If you have bought, excuse me: rented one of these, it's not really yours. Services can be difficult to transfer, or illegal to transfer, meaning you lose most of the value of the device when exercising the right of first sale.

 

Where it's not connected to a service, the DMCA expressly forbids performing the service of modification, forbids many reverse engineering, and some actual uses of products that you have lawfully purchased. It's a very ugly law.

 

Basically, in nations where there is a DMCA, you are actually free to modify something. What you are not free to do is the service for another person, share your understanding of how to do it, or obtain components explicitly manufactured for that purpose.

 

So, if you are a genius, you do own your stuff. For the rest of us, it's like a life time rental, where they still exert significant ownership over the physical device.

 

Thus, "If you can't open it, you don't own it."

 

The only saving grace we have on a lot of this stuff is NON DMCA nations, like Norway where this stuff is legal. It remains possible for Americans to get the understanding of how to modify their gear, despite the draconian law. DVD Jon lives there, and has won twice in their Supreme Court. If he wins again, it's settled law there. They won't try again and risk cementing at least one place in the world where it's always going to be legal. It's mostly there anyway, but there does remain that open door, if they are really, really sure. Probably they are waiting for more nations to side with the US, then try that case one more time to close the door.

 

This kind of thing sucks too. Many of the asses locking this stuff down got their start in an environment where it was possible to learn, do, modify, etc... Now that they have their position at the top, they would rather not have the competition.

 

In the US, the threat of the DMCA is such that a lot of projects and people won't actually travel here for fear of running afoul of this mess.

 

Add to that the completely stupid patent rule changes that permit processes and software to be patented. We have copyright and trademarks for that kind of thing. End result is simple product development is growing increasingly costly, just to step through the bull shit patent mine field, or swat away patent trolls, just looking to own specific processes, regardless of how long they've been in use.

 

IP is kind of evil. It needs reconsideration.

 

If YOU modify your own stuff, and don't leave a trail as to how you got the understanding, or where you got the components, you are not in any danger. If you are doing this for others, you very clearly are. Sucks, but that's how it is.

 

Edit: What's worse about this law is the inability for ordinary people to understand their devices and know what they are doing. Trusted computing builds on the DMCA, by preventing the publication of analysis, reverse engineering, theories of operation and other vital elements necessary for an ordinary person to actually know that their device isn't doing something they don't approve of, and trust that it continues to not do so.

 

Trusted computing does not mean YOU trust the computer. It means THEY TRUST the computer. Huge difference. Ask any Vista user that has seen their screen quality degrade, or audio stop, or be unable to make a screen capture when a TRUSTED application, such as Blu-Ray, or video editing program is in use. There are cases where you can be editing high-def content, viewing it, etc... and you run a NON TRUSTED application, or connect a NON TRUSTED device, and see that limited to rather low resolutions and such. As annoying as XP can be, you can trust that. It's possible to make it do what you want. With Vista, Windows 7, and the new server operating system kernels, that is no longer true. Users do not get to operate at the highest authority level, meaning they do not get full control over the computer that they paid for.

 

IMHO, there are a significant number of us that don't really care about these things. No worries. What does matter is that those of us, who do, keep making "I can open it, I can own it" choices, so that those choices continue to be recognized as the valid choices they are.

Edited August 6, 2009 by potatohead

[MegaManFan]

The guy modified the consoles so that it was possible to play pirated games (along with other types of games and movies I am sure.) It does not say he sold any pirated games to his customers. I would have thought the worst he would have done was void the warranty.

 

I better hide my hacked psp with all the roms from AtariAge on it.

 

That's the nice thing about owning an original 1.5 PSP. Never upgraded it, so I didn't have to hack it to run shit. I bought a second one to play "modern" games. Too bad the battery in the classic is shot since I use it far more.

[NE146]

The lesson here is, don't take money for modding consoles. Easy

[tisaperfectdayelise]

I hope I don't get arrested for selling my boombox collection-- you know, the one that can make thousands of dollars worth of PPIIRRAATTEEDD cassette tapes!

 

This is nuts!

[Jess Ragan]

If you can't open it, you don't own it.

 

Damn straight. Fuck them.

 

If this guy was selling pirated games, that'd be different, but prison time for just modifying a game console is absurd. Shouldn't the FBI be doing important things, rather than serving as the foot soldiers of greedy corporations? If that's the way it's going to be, then it's time for us as citizens to practice some G. Gordon Liddy brand civil disobedience.

[Video]

This shows why America needs tort reform.

 

No, this shows that the true patriotic Americans need to grab every single authority figure responsible for this, from the police making the arrest to the judge trying the case, line then up against a wall, and gun them down in cold blood. We'll show them with deadly force what happens when our rights are infringed upon and the spirit of the Constitution is shat on.

 

Amen to that.

 

Unfortunately, aside from the DMCA, just about every single piece of software and every game system nowdays comes with a EULA that states by using the product you agree to certain things. Among them, you agree not to modify the console or game in any way at all.

I know for a fact that is with every PSP firmware update. I am assuming it comes with software updates for other systems as well. It's also in the PSP manual, and I assume it's in the manuals for the other systems.

 

Sorry, guys, I purchased it, it is MINE, and if you do not like what I do with it, you should not have sold it in the first place.

 

I agree with both of you. Although I know the EULAs often state such things, has it ever been tested in court (US courts, at least) as being binding? Bottom line, what I do with something in my own home is my business. If I want to take a PS3 game, and make 4,000 copies of it, and use them as frisbees, it's my right, and I've done Sony no harm unless one of those frisbees happens to leave my home and become a "piracy" issue. By the same token, if I want to mod my 360, there's nothing MS can do to legally stop me. Sure, they can deny me support or network access, but that's a choice on their part.

 

Bottom line: you can write whatever you want into a contract, but will it stand in court?

 

Actually, if it ever went to court, it could easily fail, as all those "contracts" say something to the extent of "if you use it, you agree to it" but guess what? You have to open the product to even get to the point of seeing the agreement bullshit. Ever try returning something cause you don't like the EULA? You'd get a ticket for how fast you were moving when you were laughed out of the store. Escentually, the EULA is void, because you can't even read it, without first destroying your ability to reject it

 

Just hope the first person to go to court on the matter has even a half assed lawyer, it's a clear open/shut case, in favor of the consumer.

 

Bottom line...untill the EULA is written clearly on the outside where you can read it before purchase, it has absolutely zero weight at all. Anyhow, if I buy it, it's mine, so fuck off.

Edited August 7, 2009 by Video

[nathanallan]

Video, that is an excellent point! I'm gonna try it somehow, maybe with a cd-player or something, see how it goes.

 

What's a good small-ticket item to do this with? A game? An accessory??

[potatohead]

Actually, I have returned an item successfully because of an unacceptable EULA.

 

Stores do not want to do this, but they must do this. They will try the stocking fee, store credit, can't do it, eschange for like title, manager is not here, and other lies.

 

If you press on fairly nicely, but very firmly, they will take it back and give you the cash.

 

Software companies don't generally take returns, putting the pressure on the stores, but that's really their problem, not yours.

 

What really worked for me was to read them the terms you find unacceptable. A lot of those terms are draconian.

 

In my case, they said I could have copied the software. I simply said that I could have copied it anyway, which is completely true. Just go digging through the latest torrents, and there it is!