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Author Topic: Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case  (Read 616 times)

47_M450N_47

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #30 on: October 05, 2006, 10:15:00 PM »

QUOTE
I always thought that a modchip itself it not illegal because it really doesn't do anything. Its the software/program that is illegal right?...or am I wrong...for example speaking of the original Xbox...you can install the modchip by itself and it ain't going to do much...install the chip with a bios then it is illegal.


That does prove a point.  The chip is simply what carries the BIOS that allows playing backups.  If they make chips illegal, they should make all xboxes except for the 1.6 illegal because you can flash the EEPROM with a hacked BIOS and play burned games.  If MS embedded a modchip into their own consoles, that's their fault.
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47_M450N_47

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #31 on: October 05, 2006, 10:21:00 PM »

I'll back you up!

*pun intended*
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cory1492

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #32 on: October 05, 2006, 11:18:00 PM »

uhh.gif
So without all the legal babble, what I am essentially lead to beleive by these actions are that:
On their own, by themselves, "modchips" do nothing and cant really be illegal (and if they are deemed so, perhaps we should call them PCB mounted IC's instead?  blink.gif )

But, lets put this in simpler terms...
Toast isnt illegal (ie:xbox)
Jam isnt illegal (ie: PCB mounted IC)
The seeds in the jam are from plausibly questionable sources (ie: the software that can be flashed to make the PCB do different things when attached serially or in parallel to another IC)

But, because Toast+Jam+"the wrong" Seeds can plausibly do illegal things (and I cant think of a current PC or CD/DVD writer than cant plausibly do illegal things with the right/wrong seeds) all of a sudden Jam is illegal and people who sell Jam are successfully getting sued? Ridiculous if you ask me, especially since CD and DVD burner manufactures arent getting sued too.

Me-thinks its time we switch to honey instead. ph34r.gif
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trey85stang

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #33 on: October 06, 2006, 12:06:00 AM »

QUOTE(Thraxen @ Oct 5 2006, 11:19 PM) View Post

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

says who?  they instigate piracy... why should they be legal?


QUOTE(d-x-j @ Oct 6 2006, 12:55 AM) View Post

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.


wrong... you can only backup games under the dcma if it does not involve bypassing any security measures.    To backup an xbox game or a dvd requires bypassing security,  therefore it is not a legal method to create a backup.
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Odb718

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #34 on: October 06, 2006, 02:38:00 AM »

Mod chips are designed to bypass the protection the consoles have. Which is illegal. They don't do anything else. If they did, that'd be another story. So maybe the X3 and the rest of the chips that can have an lcd monitor the temp of the xbox wouldn't be 100% illegal....

and I'd like to think mod chips are more for homebrew...
 
But the ruling is ridiculous. As rosincore pointed out, Divineo doesn't have anything to do with HDLoader. On top of that, you can really only make 1 back up of a game (per xbox) with HDLoader. You need additional software to do any actual piracy with the ripped game. Last time I checked HDLoader didn't even have network capabilities. Sure, with an upgraded hdd, or a small game you could copy the game more then once. But no one would do something so dumb.
 
LOL divineo should  fight it and get every guy in California on the xbox-scene as an expert witness tongue.gif
 
It's a shame they didn't push dont copy that floppy harder in the '80s. See how this country turned out!?
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icedemon360

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #35 on: October 06, 2006, 05:42:00 AM »

I feel a "XBOX-SCENE" party idea coming to hand. To be honest, we should applaud h4cks that don't require the use of stolen code I.E the bios'. But to have a modchip to run say cromwell, shouldn't be illegal, mod chips could have a in-built mechanism to prevent the use of illegal bioses. But are we getting into the grey area of medicinal cannabis?
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ir0nw0lf

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #36 on: October 06, 2006, 09:25:00 AM »

QUOTE
Kinda weird to see a Japanese company sue a French/Canadian company using the US court ...

Looks like the lawyer(s) in this case went to the Rube Goldberg School of Law.  blink.gif Talk about a lame way to go about things.  This also goes to show how much the DMCA sucks and needs to get launched into space.  tongue.gif
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NIA BackStabber

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #37 on: October 06, 2006, 10:45:00 AM »

ive alsways thought that modchips were legal until u put them in ur consel for the fact ur messing with copyright products i personally see no harm in it if i made a game/consel i would be happy if someone made it better its shows interest in the product as far as backups u can make backups as long as u have the originol u can make a backup bottom line if they wanted im sure they could make it damn near impossible if they truly wanted to
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TRIaXOR

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #38 on: October 06, 2006, 11:18:00 AM »

In the UK modchips are illegal, the way they get round that is supply them with a linux loader which isnt capable of running game backups, they can be however flashed with different bioses tho that can such as evox m8 etc. which arent supplied and have to be gotton from the usual sources.

how the hell does a US court think it can get away with fining a company that doesnt even operate in its own country  dry.gif world police the may think they are, in reality they're not.  mad.gif
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snart

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #39 on: October 06, 2006, 12:36:00 PM »

QUOTE(d-x-j @ Oct 6 2006, 10:46 AM) View Post

but under the DCMA , we are allowed to make a backup of "all" software we buy, even though it states a person can not bypass security to do it. this is the arguement.

which rule is accurate?


You're doing selective reading. You can't pick out one sentence and say it contradicts others. You have to read the whole thing. You're legally allowed to make one back up of what you purchase, but you can't bypass any copy protection.

Put that together, and you can legally make one backup copy of software if the copyright/license owner lets you.

Period. End of discussion. This argument has been brought up many times before. As you can see from the recent ruling with Divineo, the judges are not confused.
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TRIaXOR

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #40 on: October 06, 2006, 01:07:00 PM »

QUOTE(snart @ Oct 6 2006, 07:43 PM) View Post
As you can see from the recent ruling with Divineo, the judges are not confused.


I think they are, they are prosecuting a company and people outwith thier jurisdiction, since when does the DMCA apply in Canada or France?
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rosincore

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #41 on: October 06, 2006, 01:36:00 PM »

QUOTE(snart @ Oct 6 2006, 02:43 PM) View Post

As you can see from the recent ruling with Divineo, the judges are not confused.


QUOTE(TRIaXOR @ Oct 6 2006, 03:14 PM) View Post

I think they are, they are prosecuting a company and people outwith thier jurisdiction, since when does the DMCA apply in Canada or France?


Owned.

... and TRIaXOR is right.
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Thraxen

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #42 on: October 06, 2006, 04:58:00 PM »

QUOTE(trey85stang @ Oct 6 2006, 01:13 AM) View Post

says who?  they instigate piracy... why should they be legal?


So do PCs, VCRs, DVRs, CDRs, etc...  Then take examples of other crimes... you could make the same argument against things like guns, lock picks, etc... But they also have perfectly legal uses too.  What's wrong with the people that just run Linux boxes?  Sure, they may be primarily used for illegal activities, but, again, what about PCs?  I'd wager that the majority of PCs in the world have illegal software, even if it's just a copy of WinZIP that is past the trial use period.

Also, modchips themselves don't do a damn thing.  You could put one in your XBox as-is and it won't allow you to copy anything.  It's the modified BIOS that does the circumventing.  In fact, in the case of the XBox, you could just do a TSOP flash to get the modified BIOS on there without a modchip at all and do the copying.  Again, it's the BIOS that does real the work.

QUOTE(snart @ Oct 6 2006, 01:43 PM) View Post


Period. End of discussion. This argument has been brought up many times before. As you can see from the recent ruling with Divineo, the judges are not confused.


Please... judges are always making stupid decisions.
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NIA BackStabber

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #43 on: October 06, 2006, 08:27:00 PM »

theres apps out there that dont need hacked bios to copy games to the hdd softmodded xboxs can rip games to the hdd its an app thats installed when u softmod it i think its dvd2xbox not sure
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d-x-j

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Mod Chip Sellers Ordered to Pay 9M USD in US Piracy Case
« Reply #44 on: October 06, 2006, 08:39:00 PM »

QUOTE(NIA BackStabber @ Oct 7 2006, 03:34 AM) View Post

theres apps out there that dont need hacked bios to copy games to the hdd softmodded xboxs can rip games to the hdd its an app thats installed when u softmod it i think its dvd2xbox not sure



softmod installer deluxe.
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