• Man gets arrested for modifying game consoles
    165 replies, posted
I've always found it sad that you'd get in much more trouble pirating a game online than you would shoplifting the same game.
[QUOTE=Biotoxsin;16639203]I've always found it sad that you'd get in much more trouble pirating a game online than you would shoplifting the same game.[/QUOTE] That's because you don't shoplift twenty thousand copies and then give them to dudes on the street. [editline]01:31AM[/editline] If you aren't distributing the most you can really face is a thousand or two dollars in fines, max. I'm not sure what the real maximum sentence is but if distributing is not involved it's probably around the $2,500 area dependent on how many games you've pirated. [editline]01:32AM[/editline] I could and would look it up but I am lazy. [editline]01:40AM[/editline] Looked it up. DMCA H.R.2281 Sec. 1204. Criminal offenses and penalties `(a) IN GENERAL- Any person who violates section 1201 or 1202 willfully and [b]for purposes of commercial advantage or private financial gain[/b]-- `(1) shall be fined not more than $500,000 or imprisoned for not more than 5 years, or both, for the first offense; and `(2) shall be fined not more than $1,000,000 or imprisoned for not more than 10 years, or both, for any subsequent offense. `(b) LIMITATION FOR NONPROFIT LIBRARY, ARCHIVES, OR EDUCATIONAL INSTITUTION- Subsection (a) shall not apply to a nonprofit library, archives, or educational institution. `(c) STATUTE OF LIMITATIONS- No criminal proceeding shall be brought under this section unless such proceeding is commenced within 5 years after the cause of action arose. So pirating as an individual is a different offense. Further reference, Sec. 1202. Integrity of copyright management information `(a) FALSE COPYRIGHT MANAGEMENT INFORMATION- No person shall knowingly and with the intent to induce, enable, facilitate, or conceal infringement-- `(1) provide copyright management information that is false, or `(2) distribute or import for distribution copyright management information that is false. The huge 500,000 fine is designed specifically for distributors. While it can be argued in court that a simple downloader should be given that fine, the government has neither the time, patience nor reason to do so, given how complex an argument that would become. I would dig through to find reference to simple downloading but I am lazy.
How are you guys acting like America was wrong in this? He modded consoles to use pirated games, then sold them. HURF DURF LET THE PEOPLE PLAY THE WAREZ HURRr
[QUOTE=Killerjc;16655655]How are you guys acting like America was wrong in this? He modded consoles to use pirated games, then sold them. HURF DURF LET THE PEOPLE PLAY THE WAREZ HURRr[/QUOTE] Here, people can sell and buy bongs and pipes that were clearly designed for smoking weed, but that doesn't mean you're using it for that purpose.
If he hadn't modified game consoles he wouldn't have been arrested.
[QUOTE=Malumbre;16656139]Here, people can sell and buy bongs and pipes that were clearly designed for smoking weed, but that doesn't mean you're using it for that purpose.[/QUOTE] That's because bongs and pipes are sold under the pretense that they can also be used for tobacco products. Furthermore you don't buy a bong, put weed in it, and then sell it to somebody. I've already quoted the exact reference from the DMCA and you can look at any console EULA.
[media]http://www.youtube.com/watch?v=3AzpByR3MvI[/media]
[QUOTE=edja007;16621615]If I could, I WOULD download a car.[/QUOTE] Who wouldn't? I'd go a step further and pirate me a house, food etc etc.
I'm surprised it's not illegal to modify a car to run on biofuels and sell it in the US. I mean that's just as bad surely - You're depriving the poor, poor rich oil companies of their potential profits.
[QUOTE=Catdaemon;16667822]I'm surprised it's not illegal to modify a car to run on biofuels and sell it in the US. I mean that's just as bad surely - You're depriving the poor, poor rich oil companies of their potential profits.[/QUOTE] It's illegal to use biofuel and not notify tax people in the UK.
I modified my DS (yes, a DS, so kill me) with a M3 Real, does that mean I or the company who makes/sells them will be arrested for buying/selling something that has the [i]capability[/i] to run pirated games. Furthermore, by this same principle, one could be arrested simply for owning a computer, which can be used to pirate music, etc. In other words: Dumb arrest
[QUOTE=Catdaemon;16667822]I'm surprised it's not illegal to modify a car to run on biofuels and sell it in the US. I mean that's just as bad surely - You're depriving the poor, poor rich oil companies of their potential profits.[/QUOTE] It is if you don't notify the IRS.
[QUOTE=Phyxius;16670461]I modified my DS (yes, a DS, so kill me) with a M3 Real, does that mean I or the company who makes/sells them will be arrested for buying/selling something that has the [i]capability[/i] to run pirated games. Furthermore, by this same principle, one could be arrested simply for owning a computer, which can be used to pirate music, etc. In other words: Dumb arrest[/QUOTE] You didn't modify shit you just bought a card that does it.
[QUOTE=Phyxius;16670461]I modified my DS (yes, a DS, so kill me) with a M3 Real, does that mean I or the company who makes/sells them will be arrested for buying/selling something that has the [i]capability[/i] to run pirated games. Furthermore, by this same principle, one could be arrested simply for owning a computer, which can be used to pirate music, etc. In other words: Dumb arrest[/QUOTE] Did you sell it for personal profit? Because: [quote=DMCA]`(a) IN GENERAL- Any person who violates section 1201 or 1202 willfully and for purposes of [b]commercial advantage or private financial gain--[/b][/quote] [editline]02:58PM[/editline] It's the same as bootlegging DVD's or something. You are profiting from a work you do not hold copyright over and you do not supply yourself with the legit product that the copyright holder sells. [editline]02:59PM[/editline] And don't pull a car analogy. The same logic applies to cars. There are completely illegal modifications that shops can get shut down for making.
You wouldn't steal a car analogy. :iiaca:
[QUOTE=Alde;16672958]You wouldn't steal a car analogy.[/QUOTE] :iiaca:
[QUOTE=Lankist;16672985]:iiaca:[/QUOTE] :iia:
:moustache: :protarget: Also still is confusing on this. He modded a console so it runs pirated games...then sold them...and got arrested. And yet you guys say he did nothing wrong...:iiam: oh wait this is facepunch.:ms:
[QUOTE=The Pro;16618154][url]http://www.nbcdfw.com/news/tech/Cal-State-Student-Faces-10-Year-Prison-Term-for-Playing-with-Video-Games-52386872.html[/url] I wonder how it felt to ruin somebodies life because they modified hardware that they bought and own. It's scary that you don't even really own the hardware these days and if you have knowledge and use said knowledge for some reason or another then the corporations will ask the government to put you in not just any jail, but the same jail that the people who steal cars and beat their wives get put in, laws like these are created so that they can arrest just about anyone. I like the crazy figure they come up with for the "losses". If you want to put it that way, i've lost over $100,000 because I have had to waste time screwing with broken DRM on products I own. [b]Fun Fact:[/b] Watching a DVD you own with a non authorized player is a federal crime.[/QUOTE] Wow... I have no words to describe my much this rages me. Is there a followup on this case at all?
5 years MAX (note the max, he can get less) is hardly "ruining someone's life". It sucks shit, but it's nothing compaired to 15+ to life in prison. And this guy wasn't just an innocent billy who modded his own xbox. This is a guy who had DOZENS of just about every console out there modified in his apartment and he was selling them for personal profit. Stop making it seem like he's some kind of martyr when he's not.
brb, gonna go play a pirated game on my modified console.
Pfft this is such typical American political bullshit brought upon us by "the man" to keep our society supressed from doing the things we want. I will not be held down! Freedom!! *runs and hides all xbox 360s* One last thing.. I blame Jack Thompson.
How did they find out about him modifying systems in the first place? [editline]03:07PM[/editline] [QUOTE=Catdaemon;16667822]I'm surprised it's not illegal to modify a car to run on biofuels and sell it in the US. I mean that's just as bad surely - You're depriving the poor, poor rich oil companies of their potential profits.[/QUOTE] Good man, taking the oil producer's approach. Also there is a conspiracy over that all the oil producing companies buy out the plans most fuel efficient or environmentally friendly cars just to keep shitty cars in the market.
[QUOTE=Lone_Star94;16693356]How did they find out about him modifying systems in the first place?[/QUOTE] Like most busts it involves 1 loud mouth. He probably started modding them and then sold them or did the mods for cash and didn't control his customers which mouthed it to other peoples and then friends of friends and firends of friends of friends who's friend probably knew a cop or probably one of those friends was a dick snitch and then he became exposed.
Stop right there, criminal scum! Nobody mods their console on my watch! I'm confiscating your pirate goods, now pay the fine or it's off to jail! [b]On-topic:[/b] Nobody reads the EULA, it's like trying to read when you're playing a game.
[QUOTE=The Pro;16618154]I wonder how it felt to ruin somebodies life because they modified hardware that they bought and own.[/QUOTE] When you buy an Xbox 360, you don't own it - you just own [b][u]the right to use it.[/u][/b] Saying that you own an Xbox 360 is saying that you own a part of Microsoft. It's stupid.
Modchips/Softmods don't necessarily mean playing pirated games, it can also mean running homemade games/applications, or playing backup copies of your original games as to not damage the original disc. I believe there's a sections of the DMCA that says you [i]can[/i] play/make backup games. I don't know if it's because he was profiting from modifying the consoles or what. But modchips/softmods are perfectly legal when used in the right way.
Epic fail
[QUOTE=Malumbre;16656139]Here, people can sell and buy bongs and pipes that were clearly designed for smoking weed, but that doesn't mean you're using it for that purpose.[/QUOTE] Bongs and pipes aren't copyrighted :) Edit: I also like how almost nobody in this thread realizes that he was selling these modded consoles.
[QUOTE=Killerjc;16673605] Also still is confusing on this. He modded a console so it runs pirated games...then sold them...and got arrested. And yet you guys say he did nothing wrong...:iiam:[/QUOTE] pitchin a tent for authority. [QUOTE=Boxbot219;16694522] Edit: I also like how almost nobody in this thread realizes that he was selling these modded consoles.[/QUOTE] If he is modding them then why would he have to press "Agree" to one of those shrink wrap agreements at all? If somebody buys cars from GM, mods them to go faster and then sells them, is it illegal and would GM get or try to get them arrested? [QUOTE=Dr Bob;16693833]When you buy an Xbox 360, you don't own it - you just own [b][u]the right to use it.[/u][/b] Saying that you own an Xbox 360 is saying that you own a part of Microsoft. It's stupid.[/QUOTE] No. You buy the hardware, it's in your physical posession and you never signed any sort of whacky agreement = You own that shit and you dam well better be able to do what you want with it. [url]http://en.wikipedia.org/wiki/First-sale_doctrine[/url] [quote]In 1997 in Novell v. Network Trade Center 25 F. Supp. 2d 1218 (C.D. Utah 1997)[2] purchaser is an "owner" by way of sale and is entitled to the use and enjoyment of the software with the same rights as exist in the purchase of any other good. Said software transactions do not merely constitute the sale of a license to use the software. The shrinkwrap license included with the software is therefore invalid as against such a purchaser insofar as it purports to maintain title to the software in the copyright owner. Under the first sale doctrine, NTC was able to redistribute the software to end-users without copyright infringement. Transfer of a copyrighted work that is subject to the first sale doctrine extinguishes all distribution rights of the copyright holder upon transfer of title.[/quote] [quote]In 2008, in Timothy S. Vernor v. Autodesk Inc.[6], a U.S. Federal District Judge in Washington rejected a software vendor's argument that it only licensed copies of its software, rather than selling them, and that therefore any resale of the software constituted copyright infringement. Judge Richard A. Jones cited first-sale doctrine when ruling that a reseller was entitled to sell used copies of the vendor's software regardless of any licensing agreement that might have bound the software's previous owners because the transaction resembled a sale and not a temporary licensing arrangement[/quote] [b]If dell "revoked" "the right" for you to use your computer and demanded it back, would you give it to them?[/b]
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