College Student Arrested for Modding Consoles

[Flack]

LOS ANGELES - A Southern California college student has been arrested on federal charges that he illegally modified video game consoles to enable the machines to play pirated video games.

The U.S. Attorney's Office says 27-year-old Matthew Crippen was released Monday night after posting $5,000 bond. The California State University, Fullerton student who lives in Anaheim is accused of modifying Xbox, PlayStation and Wii consoles in violation of the Digital Millennium Copyright Act.

Immigration and Customs Enforcement agents got a tip from the Entertainment Software Association and searched Crippen's home in May. He was indicted on two counts by a federal grand jury. Crippen faces 10 years in prison if convicted and is scheduled for arraignment on Aug. 10. Attempts to reach Crippen for comment were unsuccessful.

http://tech.yahoo.com/news/ap/20090804/ap_on_hi_te/us_socal_video_game_arrest

[BetaWolf47]

Dang, that's a harsh conviction. The amount he was fined was probably more than Nintendo, Sony, and Microsoft lost from him total.

[Kuros]

Console modding, now worse than manslaughter.

[LifeGame]

10 years is absurd beyond anything! Pedophiles ruin lives and they dont even do a year, wow!

[blitzchamp]

I feel bad for the guy, sure piracy is wrong...but is it really worth 10 years of someones life. The copyright of entertainment media really gets away with murder with such harsh punishments.

[Flack]

I feel bad for the guy, sure piracy is wrong...but is it really worth 10 years of someones life. The copyright of entertainment media really gets away with murder with such harsh punishments.

This guy was not arrested for piracy. He was arrested for installing mod chips.

[blitzchamp]

This guy was not arrested for piracy. He was arrested for installing mod chips.

Oh sorry I misunderstood.

[Sonicwolf]

10 years for installing mod chips, 1 year and parole for accosting children. The USA needs an adjustment in the justic system methinks.

Not that the Canadian justice system is any better

[Steve1978]

The most serious crimes in the eyes of the U.S. justice system are those which annoy or take imaginary monies from large corporations. If your existence doesn't function to make the rich richer than you're a criminal.

[Overbite]

They're giving him such a huge punishment to make an example out of him in hopes other people won't do what he did.

But they still will and nothing will change.

[SegaAges]

Rapists get about 5 years. I know because cops had to hold me back from destroying one with my fists.

pedophile, 1 year
rapist, 5 years
installing mod chips, 10 years
knowing that the judicial system is totally fucked up, priceless

[roushimsx]

He was probably charging people a nice fee for his "services" and then providing them with pirated games at an additional fee.

I've yet to see the feds crack down on anyone that just mods consoles for recreation; everyone they've busted has also had a nice piracy operation running alongside the modding operation. These are the degenerate fuckers that give console modding a bad name for the rest of us.

Fuck this guy.

[Blitzwing256]

let the fucker rot in prison, he did something knowlingly illegal and its his own fault, he gets no pitty from me.

[TonyTheTiger]

Well, facing time doesn't necessarily mean that he'll serve that time. First degree murderers face life imprisonment but, as we all know, not every single one of them gets that. If he's convicted, it's entirely possible (and probably likely) he'll get off with far less than a convicted rapist.

[Kuros]

let the fucker rot in prison, he did something knowlingly illegal and its his own fault, he gets no pitty from me.

1. It's pity

2. You agree with someone who mods consoles should get more time than a rapist?

[Greg2600]

The most serious crimes in the eyes of the U.S. justice system are those which annoy or take imaginary monies from large corporations. If your existence doesn't function to make the rich richer than you're a criminal.You got that right! Well said.

[IcBlUsCrN]

1. It's pity

2. You agree with someone who mods consoles should get more time than a rapist?

thats not the point , its a consequence you now about it before you do the crime that there is one and decide to do it anyway, well then F.U. rot in jail.

i agree as well , no pity.

sure the sentencing sucks but that's another issue altogether

[Blitzwing256]

1. It's pity

2. You agree with someone who mods consoles should get more time than a rapist?

carefully re-read what I said, and did you see anywhere in there that I think he should get more time then a rapist? learn to read before you open your mouth and stick your foot in it.

[Cobra Commander]

The thing I find most fucked up is these kinds of cases are criminal offenses and not civil.
I'm no lawyer of course, but it doesn't make sense to me.
I don't care if he was modding consoles for all his friends and handing out discs with GB's of games on them. 10 years is insane.

[Berserker]

thats not the point , its a consequence you now about it before you do the crime that there is one and decide to do it anyway, well then F.U. rot in jail.

i agree as well , no pity.

sure the sentencing sucks but that's another issue altogether

Then what is the point - to obey without question what is essentially state-sanctioned corporate policy, no matter how ridiculous and oppressive it may be?

[Ed Oscuro]

w/ Kuros and Berserker on this one.

Let's put it another way: Just what separates installing a mod chip and getting a DS flashcart? Or reflashing your PSP? Or using an Action Replay 4M Plus on a Sega Saturn? OR USING AN AUTOFIRE CONTROLLER OHNOES NOT THE WAY IT WAS MEANT TO BE PLAYED™ *

You can buy all sorts of fancy audio-visual editing equipment for your computer but you can't mod the console you bought. It's not like pirating cable or power (ironically metering sucks too; electronic metering caused a WWII vet to freeze to death here in Michigan over this last winter, but that's another story).

* w/apologies to nVidia, who recently have been the dearest friend of broadband wireless pirates everywhere.

[Lostdwarf]

how many times has the "industry" robbed us with crappy movies, cd's, and games? i remember back in the 80s you had to either hear by word of mouth or read about it to know if it was good and even then you really didnt know. There are a ton of games out there that suck and were advertised as AMAZING games. We (gamers) all went out and bought it the day it came out only to realize it sucks (ie the sopranos game) but are we allowed to return the crap they sold us, no! why cause its been opened and opened media is unreturnable unless exchanged for the same thing. that i think is a far worse crime. hell microsoft is another one who robs its consumer with the rrod on almost 70% of consoles that originally came out. justice? i think not.

[roushimsx]

Just what separates installing a mod chip and getting a DS flashcart? Or reflashing your PSP? Or using an Action Replay 4M Plus on a Sega Saturn? OR USING AN AUTOFIRE CONTROLLER OHNOES NOT THE WAY IT WAS MEANT TO BE PLAYED™ *

No one cares if you buy a DS flash cart, install a mod chip or reflash your PSP. They only care when it's done in conjunction with piracy. Oh sure, they try to block the sales and importation of the hardware, but no one is going to kick in your door and haul you off just because you hook your friends up with some CFW for their PSPs or because you install the homebrew channel on their Wiis for them.

When you charge money for those services and provide bootleg games, that's when they take notice and try their damnedest to put you in a pound-me-in-the-ass prison. People that wind up in that situation always bring it on themselves and unlike other forms of piracy (simple P2P swapping), there's a clear desire to profit from the illegal activities.

None of these people that we hear about that get arrested for modding are actually getting arrested for modding. That's always the highlight and the focus on every news article, but it inevitably surfaces that these degenerate fuckwads were selling bootleg games (or providing them with the purchase of a chip + their services).

Also, is there even a legitimate usage for mod chips on Xbox 360s? Considering none of them defeat the region protection, it seems the only thing they're good for is for piracy. Wii Homebrew Channel I can understand and as a heavy user of PSP CFW, I can absolutely see a practical use for that... but this dude totally sounds like he was dancing on the wrong side of the intellectual property law, knew it, was making money off of it, and is now going to hang out in some minimum security prison for a while for it.

Maybe he can finish off his college degree while in prison.


how many times has the "industry" robbed us with crappy movies, cd's, and games? i remember back in the 80s you had to either hear by word of mouth or read about it to know if it was good and even then you really didnt know. There are a ton of games out there that suck and were advertised as AMAZING games. We (gamers) all went out and bought it the day it came out only to realize it sucks (ie the sopranos game) but are we allowed to return the crap they sold us, no! why cause its been opened and opened media is unreturnable unless exchanged for the same thing. that i think is a far worse crime. hell microsoft is another one who robs its consumer with the rrod on almost 70% of consoles that originally came out. justice? i think not.
Yea, because renting movies and games wasn't around in the 80s or something. Oh wait, the VCR explosion of the 80s made movie rentals a huge industry back then. Damn, well too bad you couldn't rent games. Oh wait, you could (oftentimes at the same places you rented movies from)!

Well, too bad there's never been a way to find out ahead of time if a movie, game or CD is good or not. Too bad there's a major drought of reviews that can be used to make an informed purchasing decision when rental isn't a possibility. Oh wait...

I hate that Microsoft rips off consumers with their shitty ass console with an unknown-but-high failure rate! Too bad they won't extend their warranty to cover the repairs for a few more years. Oh wait.

Sounds like you're just trying to justify your little piracy hobby.

[Lostdwarf]

in defense, how many parents read reviews before they go buy a game>?

[InsaneDavid]

I've yet to see the feds crack down on anyone that just mods consoles for recreation; everyone they've busted has also had a nice piracy operation running alongside the modding operation. These are the degenerate fuckers that give console modding a bad name for the rest of us.

Fuck this guy.

Oh, I guarantee you that your hands aren't totally clean. No one involved in this stuff is. In that mindset then it's okay for someone to be a self pirate but to give someone else the means to do it and to show someone else how to do it, is when they become a criminal.

Screw the ESA if anything, but that's a long running personal beef of mine since the IDSA days.


When you charge money for those services and provide bootleg games, that's when they take notice and try their damnedest to put you in a pound-me-in-the-ass prison. People that wind up in that situation always bring it on themselves and unlike other forms of piracy (simple P2P swapping), there's a clear desire to profit from the illegal activities.

I will never - NEVER install a region switch in a Saturn, for example, for free. It requires components, tools, time and knowledge - all of which I require a small fee for. Granted I refuse to install modchips these days because, let's be honest, no one wants to play "legal backups." Duplicating games is an entirely different (and criminal) matter but you can't lump the two together since there are quite a few people that do one but not the other. Until more details about this particular case come out it's unfair to label this guy as a software pirate.

I still will never understand the thought behind piracy for personal use being fine (P2P swapping as you mentioned) but piracy for profit being so much different. How does one justify that? "It's illegal but not that illegal." It's the grayest of gray subjects.

[Ed Oscuro]

They only care when it's done in conjunction with piracy. Oh sure, they try to block the sales and importation of the hardware, but no one is going to kick in your door and haul you off just because you hook your friends up with some CFW for their PSPs or because you install the homebrew channel on their Wiis for them.

This guy was not arrested for piracy. He was arrested for installing mod chips.
Some forum members seem awfully sure of the facts of the case without being prejudiced by what's written in the article. HINT: Not Flack.

Kind of crazy that ICE wastes its time on this, but it does make sense since "Customs Enforcement" is in the name, but initially I thought that they'd have busted him anyway for non-matching drapes if they hadn't found any mod chips.

[tomaitheous]

carefully re-read what I said, and did you see anywhere in there that I think he should get more time then a rapist? learn to read before you open your mouth and stick your foot in it.

He asked you a question. Maybe you should learn to f'ing read before you put your own foot in your mouth. People like you and IcBlUsCrN are the reason why this country is fucked up. Hope karma doesn't fucking bite either of you on the ass. Actually, I do. Cause ignorance is no excuse in the eyes of the law and may you get maximum time/fine for whatever major/minor law you *will* break in the future. And you will break one. No fucking pity.

[InsaneDavid]

HINT:

That reminds me I wanted to fire up the Klax cabinet tonight and play a few games, thanks!

[Ed Oscuro]

All's well that ends in Klax.

It is the nineties, and there is no Digital Millennium Copyright Act! :bday:

[Diatribal Deity]

Federal prosecutor Mark Krause told KPCC that Crippen “advertised online and had a large clientele.”

Taken from here...

http://opinion.latimes.com/opinionla/2009/08/ppatricia-reilling----july-25-2009p----matthew-crippen-a-cal-state-fullerton-st.html

[roushimsx]

Oh, I guarantee you that your hands aren't totally clean. No one involved in this stuff is. In that mindset then it's okay for someone to be a self pirate but to give someone else the means to do it and to show someone else how to do it, is when they become a criminal.

Screw the ESA if anything, but that's a long running personal beef of mine since the IDSA days.

I will never - NEVER install a region switch in a Saturn, for example, for free. It requires components, tools, time and knowledge - all of which I require a small fee for. Granted I refuse to install modchips these days because, let's be honest, no one wants to play "legal backups." Duplicating games is an entirely different (and criminal) matter but you can't lump the two together since there are quite a few people that do one but not the other. Until more details about this particular case come out it's unfair to label this guy as a software pirate.

I still will never understand the thought behind piracy for personal use being fine (P2P swapping as you mentioned) but piracy for profit being so much different. How does one justify that? "It's illegal but not that illegal." It's the grayest of gray subjects.

Wait, what? Did you just infer that I attempt to make any profit whatsoever from the duplication of copyrighted materials or from modifying someone's console/handheld? That's a pretty retarded assumption to make, because I never have and never will. That's just fucking stupid.

Hell, I don't even make people pay for shipping when I mail back their PSP batteries/mem sticks/PS2 memory cards/whatever. Never charged anyone to put a bigger hard drive in one of their systems (you got the hard drive and the system? Come on over and let's do this!), never charged someone to refurb their old NES (hell I just gave away two a few weeks back) and I've never charged anyone to fix their computer for them.

Money isn't everything, you know. Likewise, piracy isn't a motivating factor for people I choose to help. Either they want a way to get around region protection (PS2), they want to reduce load times (PS2, XBox, PSP), just not have to carry around so much shit while traveling (DS, PSP) or they just want to expand their capabilities (XBMC, HDLoader, PicoDrive, SCUMMVM, whatever). You know, people that still do stuff like buy Patapon 2 despite it being a digital download only, knowing that they could just as easily hop on some random torrent tracker and steal it. People that still buy Chrono Trigger DS and don't hide behind the rationale that "hey, i had this on SNES or PS1, why should i have to pay for it again?"

Your reading comprehension also seems to need some work, because I don't recall ever advocating the use of or supporting P2P (and in fact, I'm pretty sure you can drudge up some earlier posts of me dumping all over P2P). Since you completely missed it, I'll requote the line:


People that wind up in that situation always bring it on themselves and unlike other forms of piracy (simple P2P swapping), there's a clear desire to profit from the illegal activities.
That's why they get fucked so hard.

For P2P violations, you can bargain it down to a simple fine (assuming you ever get popped; CND letters seem to get issues en mass and rarely enforced). For sales of pirated materials, you're boned.

With regard to "legal backups", I slightly disagree that there's not a legitimate use for them. I can think of three systems where they're really viable (PS2, Xbox and PSP) while all of the rest are only worthwhile via emulation (Genesis/SegaCD emulation on PSP, PS1 emulation on PC, whatever). Anyone purporting to support "legal backups" on consoles like the Wii, Xbox360 or Gamecube are full of shit.

Mark my words, this douche bag is just another retard that thought that selling mod chips and pirated games was a quick way to make some cash.

[Baloo]

Federal prosecutor Mark Krause told KPCC that Crippen “advertised online and had a large clientele.”

Taken from here...

http://opinion.latimes.com/opinionla/2009/08/ppatricia-reilling----july-25-2009p----matthew-crippen-a-cal-state-fullerton-st.html

Hit the nail right on the head with that post.

[guitargary75]

Somebody ratted him out! Poor bastard.

[noname11]

"It's illegal but not that illegal." It's the grayest of gray subjects.


actually the 'grey market' is the game manufacturers play.


Region switches may be in violation of the DMCA , or at very least, licenses. Ever read one of those games you legally purchased? See the words "Licensed for North America only" ? Yeah, "legally" you cant sell non licensed games in other territories.

The DMCA was written up in order to expressly override judicial rulings favoring the consumer, especially those dealing with emulation (that Connectix PSX emulator) and even copying the boot code from a console for "interoperability" (Sega v Accolade).

I always wondered why people are so quick to judge another innocent / guilty. If the law was recently changed, or if your gut tells you something is inherently wrong, then elaborate it and discuss it - and even object to it if warranted. And if your on a jury, express your feelings. Odds are other people may feel the same thing in the jury room. The law is there to provide justice for the people - a harsh sentence for actions previously legal may not be so just.

[Berserker]

Hey, why are those guys dressed like police officers putting a black bag over that other guy's head and shoving him into an unmarked car?

That guy must have done something really bad to deserve that. He must've killed somebody. I bet it was probably a baby.

Yep. Guy's definitely a baby-killer. Good thing they stopped him before he could commit any more infanticides.


..What? Who said that? Who said "But they can't do that!"..? Are you insane? This guy's a baby-killer for God's sake. How can you side with a baby-killer? Are you a baby-killer? Maybe I should go flag them down and tell them to come back.

..Come again? "But how can we know he's a baby-killer when we haven't seen any evidence?".. Didn't you see the black bag they just put over his head and the unmarked car they shoved him into? Why else would they do that unless he was murdering toddlers left-and-right? I can tell you without a shadow of a doubt that the only time people are taken away like that is when they're doing some serious baby-killin'.

Whoever this guy is, clearly he deserves to rot in prison for the rest of his life. For the sake of the children.

[retrocollectorguy]

About time they arrest one of these asshole crooks. I cant wait untill they arrest an ebay thief and set an example for others there as well.

People were getting so arrogant thinking they could do whatever they want. Though I agree 10 years is VERY harsh to go on top of a $10,000 fine but whatever.

[DreamTR]

I think you guys are all missing the point on what exactly he was arrested for. It's not even for MODDING consoles, he's allowing backups automatically installed on some of this crap, which is where they get you. This is nothing new, ACME Game Store in LA, the two guys that ran it were arrested for selling XBOX mods with preloaded games on it. That's the copyright issue problem and circumvention. A guy who ran a game store in MD was sentenced to jail for awhile for doing something similar....

It's one thing to mod a console to play imports, no one really cares about that, but the "backups" and pre-loaded software is where they get you. Most of these guys advertise on Craig's List, but they aren't really going after the small timers because those types are in EVERY city it seems.

[Ed Oscuro]

When are people actually going to READ? DreamTR, read the title of the article again, and say that he was arrested for something other than what he actually WAS.

I can understand there being some reluctance to believe they got the story right, but this makes it abundantly clear that it was JUST for the modification, NOT for bootlegged software which surely would have been mentioned:

http://www.ice.gov/pi/nr/0908/090803losangeles.htm

[The Shawn]

Hey, why are those guys dressed like police officers putting a black bag over that other guy's head and shoving him into an unmarked car?

That guy must have done something really bad to deserve that. He must've killed somebody. I bet it was probably a baby.

Yep. Guy's definitely a baby-killer. Good thing they stopped him before he could commit any more infanticides.


..What? Who said that? Who said "But they can't do that!"..? Are you insane? This guy's a baby-killer for God's sake. How can you side with a baby-killer? Are you a baby-killer? Maybe I should go flag them down and tell them to come back.

..Come again? "But how can we know he's a baby-killer when we haven't seen any evidence?".. Didn't you see the black bag they just put over his head and the unmarked car they shoved him into? Why else would they do that unless he was murdering toddlers left-and-right? I can tell you without a shadow of a doubt that the only time people are taken away like that is when they're doing some serious baby-killin'.

Whoever this guy is, clearly he deserves to rot in prison for the rest of his life. For the sake of the children.



I fucking love you. Will you be at the August NAVA?

Be expecting male on male dry humps.

[Berserker]

I fucking love you. Will you be at the August NAVA?

Be expecting male on male dry humps.

LOL

Not this month, but I definitely want to attend a NAVA at some point, and finally meet some fellow forum folk.

[motley6]

Before everybody starts calling Amnesty International, we should probably wait until he actually gets convicted. That kid will do no time, whatsoever. He will plead to a lesser charge, pay a $2K fine, and get community service. So to say that he gets worse treatment than baby fondlers is hyperbole.

[DreamTR]

When are people actually going to READ? DreamTR, read the title of the article again, and say that he was arrested for something other than what he actually WAS.

I can understand there being some reluctance to believe they got the story right, but this makes it abundantly clear that it was JUST for the modification, NOT for bootlegged software which surely would have been mentioned:

http://www.ice.gov/pi/nr/0908/090803losangeles.htm

Ed Oscuro: Don't tell me to learn to read, you can't bust someone just for modding. He had to have pre-loaded software or specifically was doing this for bootlegs in order for this to occur. Bootlegged software pre-loaded or modifying for the specific idea of using it just for boots/backups. I don't care what the article says, you can't go to jail for modifying your freaking system to play imports, he was definitely not doing that or they would not have arrested him.


And for anyone that is talking about imports/region playing , etc, www.ncsx.com would have been out of business a long time ago.

[apogee_vgc]

If all he did was install the mod chips then this arrest amounts to no more that these companies telling us we don't own the game console that we paid for, or at least we can't make changes to them. It would be the same as the auto industry telling me I can use aftermarket parts on my car to squeeze out a few more horsepower which could be illegal if it then violates emmission standards but they dont arrest my neighbor who helped install it, I get the ticket for using it. If this keeps up soon we won't own our electronics but basically lease them for life.

[Flack]

If all he did was install the mod chips then this arrest amounts to no more that these companies telling us we don't own the game console that we paid for, or at least we can't make changes to them. It would be the same as the auto industry telling me I can use aftermarket parts on my car to squeeze out a few more horsepower which could be illegal if it then violates emmission standards but they dont arrest my neighbor who helped install it, I get the ticket for using it. If this keeps up soon we won't own our electronics but basically lease them for life.

That's true. That would be like them telling us it's illegal to make backups of DVD movies we already own.

Oh wait, that is illegal.

The Digital Millennium Copyright Act (DMCA) "criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself". That means it is illegal to rip your own DVDs to your computer (if the DVD contains copy protection; chances are, it does) and it also means that, according to the letter of the law, mod chips are illegal. By a mod chip I mean a chip that allows the owner to circumvent an access control (ie: copy protection). To be honest I haven't done enough reading to know if region switches fall under this umbrella or not.

Now, how come you, I, and everybody else with a modified console hasn't been arrested? We're not worth it. A guy who is advertising on Craigslist may or may not be worth it. Sounds like this guy must've been. None of us have seen the actual ad so I don't know if he mentioned or hinted about also selling backups, but even if he didn't have a single backup on site, having mod chips and/or modified consoles appears to have been enough to arrest this guy.

That's kind of scary.

[DreamTR]

The modding thing won't stand because if people can mod their stuff to play Japanese games, that's their own business. I'm telling you, there was some preloaded software or disks involved in these packages that people are not aware of....

Feds are always after the "big fish" for things like this, the main culprits....and if he had a large clientele and was doing this, he's in trouble...it's precisely why game stores don't deal with mod chips and crap...

[IcBlUsCrN]

He asked you a question. Maybe you should learn to f'ing read before you put your own foot in your mouth. People like you and IcBlUsCrN are the reason why this country is fucked up. Hope karma doesn't fucking bite either of you on the ass. Actually, I do. Cause ignorance is no excuse in the eyes of the law and may you get maximum time/fine for whatever major/minor law you *will* break in the future. And you will break one. No fucking pity.


i dont break the laws that i dont want/or cant pay the price for. Do i speed on the freeway, yep i do but if i get caught i know ill have to pay a ticket and i am ok with that. I also dont complain because a carpool violation is more expensive then a speeding ticket, when clearly speeding is more dangerous to the public.l
by the way its people like me that stupid people like you can say what you want without reprisal but you sure as hell cant do what you want.

[Ed Oscuro]

Ed Oscuro: Don't tell me to learn to read [words]
I understand why you're skeptical, but that doesn't change a thing, unfortunately. You can disagree with it, as I do, but that doesn't mean it's not the reality.

It's as Flack writes: the DMCA gives people authority to arrest you for modifying your games consoles. It's that simple.

As I've said before, if the guy also had any stocks of illegally copied games, they would've piled those charges on too. They haven't, so he likely didn't - but the point is that not having illegal material on-hand will not save your skin.

You can't just wish bad stuff away.

I think a better idea would be writing a congressman...this shiz is wack.

[SpaceHarrier]

Wow, this is right in my backyard!

Ya suppose maybe this shows just how much big money talks in our government... I wonder how much lobbyist $$$ it took to get the Digital Millennium Copyright Act through with the penalties as such?

Not that I disagree with protecting assets and so-forth but damn! That is a whole lot of prison time for a non-violent offender. Sad really.


Anyway, California is broke so he will be out in a month anyway, along with all the 2 strikes offenders who slash innocent girls throats for a few bucks..

[Diatribal Deity]

That's true. That would be like them telling us it's illegal to make backups of DVD movies we already own.

Oh wait, that is illegal.

The Digital Millennium Copyright Act (DMCA) "criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself". That means it is illegal to rip your own DVDs to your computer (if the DVD contains copy protection; chances are, it does) and it also means that, according to the letter of the law, mod chips are illegal. By a mod chip I mean a chip that allows the owner to circumvent an access control (ie: copy protection). To be honest I haven't done enough reading to know if region switches fall under this umbrella or not.

Now, how come you, I, and everybody else with a modified console hasn't been arrested? We're not worth it. A guy who is advertising on Craigslist may or may not be worth it. Sounds like this guy must've been. None of us have seen the actual ad so I don't know if he mentioned or hinted about also selling backups, but even if he didn't have a single backup on site, having mod chips and/or modified consoles appears to have been enough to arrest this guy.

That's kind of scary.

There is an important provision of the DMCA that addresses "fair use" and copying of a work may be deemed fair use under certain circumstances. Section 1201 does not prohibit the act of circumventing a technological measure that prevents copying.

Section 1201 proscribes devices or services that fall with 3 categories:
(1) they are primarily designed or produced to circumvent
(2) they have only limited commercially significant purpose or use other than to circumvent
(3) they are marketed for use in circumventing

I don't know about you, but just reading the news story (albeit with limited info) suggests he has fallen into at least least two of these categories.

Now you can ask yourself do any of you?

[The 1 2 P]

This is why I never buy modded systems. It's illegal, just like drugs.

[Enigmus]

LOS ANGELES - A Southern California college student has been arrested on federal charges that he illegally modified video game consoles to enable the machines to play pirated video games.

The U.S. Attorney's Office says 27-year-old Matthew Crippen was released Monday night after posting $5,000 bond. The California State University, Fullerton student who lives in Anaheim is accused of modifying Xbox, PlayStation and Wii consoles in violation of the Digital Millennium Copyright Act.

Immigration and Customs Enforcement agents got a tip from the Entertainment Software Association and searched Crippen's home in May. He was indicted on two counts by a federal grand jury. Crippen faces 10 years in prison if convicted and is scheduled for arraignment on Aug. 10. Attempts to reach Crippen for comment were unsuccessful.

http://tech.yahoo.com/news/ap/20090804/ap_on_hi_te/us_socal_video_game_arrest

http://i580.photobucket.com/albums/ss246/JDalpha22/Betapiplup.png

[eskobar]

I am with the Digital Millennium Copyright Act on this.

Mod-chips were created to play original games from another regions, but the reality is another. Too many consumers of this modded consoles or mod chips ABUSE from its capacity to play back-ups or copy a game on the Hard Disk or Memory Card to pay much less for a pirate game or to download an ISO and burn-it.

If the reality of mod chips was another, there were no cases like this. Buying a Japanese console is more expensive than the ones you can buy locally, but the cost is not so high that you will be broke if you buy one Japanese console.

I don't like to touch the inside of my console for the sole reason that the act is ILLEGAL. If i want to play an import game, i buy an imported console to play those games ... also, import games are more expensive too.

[Kuros]

It's only illegal because some douchebag lobbyist said so.

A person should be allowed to do whatever he wants with whatever he bought.

[Enigmus]

It's only illegal because some douchebag lobbyist said so.

A person should be allowed to do whatever he wants with whatever he bought.

That's the problem with the USA. You think it's a land of freedom... until you see the restrictions, taxes, economy, racism, and so much I can't even BEGIN to list it. Just think, Washington started it as a free country, but, in reality, are we ever, at all, free? If it was a free country, there'd be no homeless people because everybody would be able to break into Bill Gates' pool filled with money. ROFL

[Garry Silljo]

A person should be allowed to do whatever he wants with whatever he bought.

I bought a knife the other day, should I be permitted to stab you with it? I bought it, and I should be allowed to do whatever I want with whatever I bought. You said so.

To imply this country is supposed to be 100% free is ricockulous.

[123►Genei-Jin]

I bought a knife the other day, should I be permitted to stab you with it? I bought it, and I should be allowed to do whatever I want with whatever I bought. You said so.

This is a terrible analogy. What he meant is you can do whatever you want to your knife (sharpen it, paint it, whatever). Stabbing him means you're invading his freedom.

[smork]

The modding thing won't stand because if people can mod their stuff to play Japanese games, that's their own business.

Common sense says this but the law says something else entirely. Look it up!

Game piracy is bad; enforcing Draconian laws that prevent you from doing whatever you want to something you own is worse. Then again I suppose in an age where retailers can remove purchased content from your device remotely (ahem, Amazon!) we shouldn't be surprised by a lack of common sense in the law.

[eskobar]

This is a terrible analogy. What he meant is you can do whatever you want to your knife (sharpen it, paint it, whatever). Stabbing him means you're invading his freedom.

Well, in that case; you can paint or crap your game console but when you install a mod-chip you are invading the company's sales infrastructure along lock-out algorithms, etc. ... :wink 2:

An open format like PSP proved that people doesn't mod its console to play games released in another country ... people mods the console to pirate games.

That's why i love Blu-Ray and UMD, the open format made it easier for me to pick up and original game from any country :D

[Garry Silljo]

This is a terrible analogy. What he meant is you can do whatever you want to your knife (sharpen it, paint it, whatever). Stabbing him means you're invading his freedom.

But if I'm free, I can invade whatever I want.

[Berserker]

But if I'm free, I can invade whatever I want.

Hurr, Durr, etc.

[Diatribal Deity]

There is an important provision of the DMCA that addresses "fair use" and copying of a work may be deemed fair use under certain circumstances. Section 1201 does not prohibit the act of circumventing a technological measure that prevents copying.

Section 1201 proscribes devices or services that fall with 3 categories:
(1) they are primarily designed or produced to circumvent
(2) they have only limited commercially significant purpose or use other than to circumvent
(3) they are marketed for use in circumventing

I don't know about you, but just reading the news story (albeit with limited info) suggests he has fallen into at least least two of these categories.

Now you can ask yourself do any of you?

Not sure where the disconnect on this issue is...but as I interpret this, it is not so much the singular act of installing a chip or modding your console, it is the act of developing, promoting and marketing such a device or service. In this case the accused allegedly has done all of the above. He may not have created the chip, but the very act of installing it or modding systems is deemed designing or producing a product that circumvents and then the fact that he is offering his service and products completes the offense.

He could have made the argument (and may still) that all 12 modded systems found at his home were his if not for the fact he was allegedly publically promoting, marketing and offering his services.

I'll eat my words if they go after his individual clientele.

[Cornelius]

Buying a Japanese console is more expensive than the ones you can buy locally, but the cost is not so high that you will be broke if you buy one Japanese console.

An honest question here: Is it technically legal to import a console (and use it)?

[Haoie]

Modchips are perfectly legal here in NZ.

You guys should follow suit.

[gercma]

not allowing people to do what they want with their consoles is f****** crazy, it's no more from the company, i can do what i want with it, if i want to crash it, my problem, if i want to throw it from a 14th floor, my problem, if i want to mod it, my problem, thats it
here in argentina local stores only sells copied games :), no signs of originals, in every place you can find people selling music cds, ps2 games, movies,etc
no one cares, i don't care too, why someone have to care if even the companies dont care
here there is no law against modding anything, you can sell copies and is completely legal!!

sorry my english :=)

[Garry Silljo]

Hurr, Durr, etc.

I'm glad you see my point. You do know we are in agreement correct?

[Berserker]

I'm glad you see my point. You do know we are in agreement correct?

Not in the slightest. As Genei-Jin pointed out, your argument against personal freedom is nothing more than a crudely-fashioned strawman, that has absolutely nothing in common with what actual people think or believe.

[darkslime]

An honest question here: Is it technically legal to import a console (and use it)?No, because you're violating the end user license agreement.

[Garry Silljo]

Not in the slightest. As Genei-Jin pointed out, your argument against personal freedom is nothing more than a crudely-fashioned strawman, that has absolutely nothing in common with what actual people think or believe.

The arguement was purposely stupid. So if you found it stupid, then we agree. The problem with text is that most keys in speech that identify sarcasm are lost.

[monkeychemist]

You're allowed to buy a car, change the body, exhaust, install a piggyback, turbo or anything to change it's cosmetics and performance. You can buy a house, rewire the electrical, plumbing break a wall or two, put an addition, dig out a pool. Just like you can buy electronic components and make anything out of them. So why can't you modify your console to have more control over what you do with it? Because console companies have enough money to decide what's right and wrong for you. nice...

[DreamTR]

Common sense says this but the law says something else entirely. Look it up!

Game piracy is bad; enforcing Draconian laws that prevent you from doing whatever you want to something you own is worse. Then again I suppose in an age where retailers can remove purchased content from your device remotely (ahem, Amazon!) we shouldn't be surprised by a lack of common sense in the law.

The law can say whatever it wants. For an example, It says things in many states stating you can't have oral sex or sex without marriage. There's lots of "laws" no one is going to prosecute on. "Look it up" as you are telling me.

The fact is exactly what I said from day 1. You can mod all day. If you try selling the stuff and circumventing to play bootleg games, it's a different story, the reason the Feds want him is because of all the other stuff involved. If you are a store modding to play boots, you will be busted. If you are a guy on Craig's List doing it, you will be busted.

You are not going to be arrested for buying a mod chip, installing it on your systems and owning said systems. That was my point.

Please show me where someone was arrested for "possession" of a modded system and not trying to sell it and many others.

[Garry Silljo]

You can buy a house, rewire the electrical, plumbing break a wall or two, put an addition, dig out a pool.

Actually when you buy a house you can't do anything you want with it. You mentioned putting on an addition or digging out a pool. I know for a fact I can't dig out a pool. My yard is not that big and the zoning board wouldn't grant me the permit. There was also a story in the paper here a few years back where some one painted their house purple and they were forced to change it to a different color because of some BS law the city had.

I don't agree with crap like this. I mean, the house being purple doesn't harm people (though some complained about property values or some bull). The laws need to change, but in the now, they ARE the laws. So knowing ahead of time, when you get caught it's no one's fault but yours.

[eskobar]

An honest question here: Is it technically legal to import a console (and use it)?

I think that importing a console is not illegal because i had to be purchased on Japan, be it eBay or another dealer.

Using it outside of Japan is indeed illegal :oops: the back cover of any Japanese game is very clear about it.

http://homepage.mac.com/nihonsei/eskoweb/RockmanGameBooksJun18b.jpg

Crap, we're fucked up in every way ....

[Push Upstairs]

I'm sure the Japanese legal system has the unlimited funds to prosecute every individual who has bought a Japanese game and played it outside of Japan.

[eskobar]

I'm sure the Japanese legal system has the unlimited funds to prosecute every individual who has bought a Japanese game and played it outside of Japan.

LOL

Don't you find odd that something like that is illegal ???

I don't think that any company will prosecute or present charges when you do that, but that law flexibility is what leads to more drastic cases.

I think that companies should be more open about the region format and be more careful about piracy.

[Diatribal Deity]

There is much more to this than many realize but here is an article that delves a bit more into the issue and it makes some valid points...

http://www.nbcdfw.com/news/tech/Cal-State-Student-Faces-10-Year-Prison-Term-for-Playing-with-Video-Games-52386872.html

Many of you think what he was doing was harmless (and I tend to agree) but you have to look at the overall implications. If you blantantly allow "circumventing" and marketing of products it can be dangerous to our economy, security, and general well-being. This is purely aimed at US residents of course as other countries have their own dynamics.

Another terrible example, but one none-the-less that makes sort of a point, is sawing off the end of a shotgun or laws against automatic weapons. Seems sort of trivial in a micro sense but taking a macro standpoint can present a whole new outlook.

They could probably make a clause/pass legislation stating it is legal to mod video game consoles to play import games as some countries have done (see article below). But would that be proper use of your taxpayer money? Instead this individual will end up getting a harsh slap on the wrist, maybe be made a bit of an example of as a scare tactic, and make others a bit more wary of doing it in the future.

http://www.techdirt.com/articles/20080612/0055131385.shtml