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Author Topic: Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case  (Read 617 times)

Xbox-Scene

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« on: October 05, 2006, 04:50:00 PM »

Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
Posted by XanTium | October 5 18:14 EST

 
From gamasutra.com:
Quote

The ESA, the video game industry's trade body, has announced that a federal court in California has ordered defendants to pay in excess of $9 million in damages for Digital Millennium Copyright Act (DMCA) violations, including trafficking of mod chips and a device called HDLoader, which allows copies of games to be downloaded directly onto the hard drive of a game console [PS2].

The ESA reports that the ruling came down on September 11 from Judge Claudia Wilken of the U.S. District Court in Northern District of California. Judge Wilken awarded $3,750,200.00 in damages against corporate defendant Divineo, Inc., and Canadian resident Frederic L. She also awarded $5,791,400.00 in damages against corporate defendants Divineo U.K. and Divineo SARL, and French resident Max L.

However, what other sites fail to mention is that Divineo is not based or operating in the US, so this judgement doesn't really have much to do with their business.
Kinda weird to see a Japanese company sue a French/Canadian company using the US court ...

Read More: gamasutra.com, next-gen.biz, biz.gamedaily.com, arstechnica.com

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yaazz

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #1 on: October 05, 2006, 03:32:00 PM »

i dont understand, if they arent based in USA then what was the point of the case in the first place, they cant make them pay
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XanTium

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #2 on: October 05, 2006, 03:35:00 PM »

QUOTE(yaazz @ Oct 5 2006, 11:39 PM) View Post

i dont understand, if they arent based in USA then what was the point of the case in the first place, they cant make them pay


scare US stores?
PR?
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throwingks

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #3 on: October 05, 2006, 04:13:00 PM »

It's just like thepiratebay scandal. They are trying to use scare tactics to keep consumers from using these companies. It may work for a minute but, in the grand scheme it is a waste of tax-payers money.

This post has been edited by throwingks: Oct 5 2006, 11:13 PM
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Alex548

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #4 on: October 05, 2006, 03:42:00 PM »

It goes to help set a precedent just in case they wanna pursue this against a US distributor in the future.
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47_M450N_47

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #5 on: October 05, 2006, 03:53:00 PM »

As long as they don't start comin after the people that buy from them... I have a LG-8164 chip on it's way from them right now...
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Thraxen

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #6 on: October 05, 2006, 04:48:00 PM »

Stupid ruling.  Modchips shouldn't be illegal in the first place.
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DV8ORMODS

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #7 on: October 05, 2006, 04:15:00 PM »

this is fucking bs its not there fault there console wa that easy to hack fuck them its okto put theredisc in a pc and copy it no problem ps2 hgas always been successful for one reason backupsif there were non backups there wouldbe no business
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liqwidsky

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #8 on: October 05, 2006, 04:57:00 PM »

Yay world police! I wonder if Claudia Wilken will take my suit against Ethyl for selling leaded gasoline to third world countries.
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DV8ORMODS

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #9 on: October 05, 2006, 05:06:00 PM »

you know what this is saying that someone that buys a modchip its illegal if tis illegal to sell it its illegal to own it
sorry for the dmca fuck all who says you cannot upgrade your car or computer or house this is piracy at its best trying tomake money on someone elses profit

This post has been edited by DV8ORMODS: Oct 6 2006, 12:06 AM
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DMAddict

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #10 on: October 05, 2006, 04:39:00 PM »

As long as Divineo will continue to be able to sell me mod chips, I will keep buying from them. If not, well then I'll buy from one of the other umpteen sellers. Hey Sony, just let it go, your product sucks anyway. tongue.gif
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HSDEMONZ

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #11 on: October 05, 2006, 05:32:00 PM »

Alot of thunder.. with little substance. Thid really does little to stop Divineo.. much less slow them down. Let's play devil advocate for a moment. divineo fears this.. what do they do? simply sell to sellers.. in countries where they can't be touched and let them take the risks.

divineo isn't going anywhere.

More drivel from the US court system. All bark.. no byte.
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d-x-j

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #12 on: October 05, 2006, 06:24:00 PM »

if u read into the DCMA, you will see that when a consumer purchases software, the purchaser is allowed to make 1 backup copy of their purchase.u are not allowed to make 2 copies, just one. many software providers dont incorporate anti piracy into their software for this reason, but all of the games we buy do. this is in fact not legal under the DCMA because it prevents u from making a backup of the software. look it up. u wont believe what these companies really get away with when it comes to these laws(DCMA).so if a legal battle does arise for any of these vendors, there is the argument. there is NO means of making a backup of your games until the actual unit is modified to do so. M$ doesnt offer any solution either so as a consumer, we are entitled to access to the tools for backing up our software. 1 scratch on a disc can ruin a $50 investment. when u get 30 + games under ur belt, and add it up ($1500), u bet ur ass im gonna back it up so 50 years from now ill still have my investment. as good as the day i bought it. we, as consumers, have this legal right under the DCMA!!!!!!!!!!! the legal system cant prosicute one part of the law that contradicts the other.
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urmydizire

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #13 on: October 05, 2006, 06:33:00 PM »

actually there is no excuse to download and copy all those games however there is need to make a backup copy of your 80 dollar game however it is not important but a person can buy a console and buy 5 games a year and settle down the problem isnt with us its with the game makers they cant provide us with  2 copies of the game then too bad for all of us we gonna keep doing it until theres nothing left of video gaming if you game developers are reading this belive me on this one if the 80 dollar game broke would you replace it? i know you are not obligated too cause we are agreeing with the rules before we get into this videogaming mess but hey whats easier saying your sins are forgiven or get up and walk obviously your sins are forgiven meaning give us 2 copies of the game that only works on the same console

grand theft auto its a very sinful game i mean disgustingly sinful but hey theres a God who can do anything he can save us from the most pleasurable thing and give us satisfaction ahh

I love right judgments if you dont have that to offer you cant be my friend and if you arent willing to learn then forget about living

This post has been edited by urmydizire: Oct 6 2006, 01:42 AM
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89c4l98

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #14 on: October 05, 2006, 06:12:00 PM »

basically it means they can never come to the usa or they will be locked up... what they do to the off shore casinos
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