Editorial: The Legality Of Modding... Options

[Xbox-Scene]

Editorial: The Legality Of Modding... Posted by HSDEMONZ | August 2 18:56 EST | News Category: Xbox_Xbox360

TwistedSymphony (two news posts in a weeks about him..) took pen to paper so to speak to discuss and examine the current situation with the raids on the modchip shops, the DCMA, and popular opinion, fact, and fiction regarding who mods and why. It's a good read, and I recommend everyone give it a read. Editorial: The Legality Of Modding, and how everyone is a criminal according to the DMCA Also check out his personal Blog (thoughthead.com) for more editorials by TS.

[HSDEMONZ]

Sorry.. link to his blog is http://thoughthead.com

[GandyMan]

I love my XBMC but I do not see how you can say this:

Spoken as truth when in fact it is not true at all. There are many legitimate uses for these devices beyond "subverting copyright protections" I mentioned previously the use of XBMC. While true that these devices CAN ALSO be used to circumvent copy protection that is not in any way shape or form their "one purpose" as stated. Either Julie L Meyers is ignorant to this fact or is outright lying to make her department's actions seem validated and warranted.

Like I said I love my XBMC but can it run on an unmodified system. No it can not. The statement made buy Julie L. Meyers is correct no matter how much I like it or not. In order to run XBMC I have to mod the system in some way. Even if I use an exploit for the purpose of getting around a security measure it is still the same. I am not saying I like what she is saying or what they are doing but the truth is it does not matter what BIOS code you use to boot what ever on what ever if it is to bypass what is installed by the developer than it is subverting copyright protections.

This post has been edited by GandyMan: Aug 2 2007, 11:49 PM

[cerealkillajme]

Great read Twisted

I completely agree with pretty much all of it. Especially the last paragraph.

[sgr215]

Great read Twisted

I completely agree with pretty much all of it. Especially the last paragraph.

Exactly my feelings too.

[Deihmos]

Mod chips have other uses but the majority buy them for the main purpose of piracy.

[commandersafi]

Great read Twisted

I completely agree with pretty much all of it. Especially the last paragraph.

Same here

I always enjoy reading your posts Twisted

[gabe681]

I agree 100% with twisted. I always thougth it was just me that new our government was out there to to help the big corpartions and crush the little guy because he/she does not pay them as much money. Plus who is gonna miss one person, but how many would miss a big company like M$ if someone came out with a better windows and it worked great all the time No BSOD. Or in the case of the xbox no 3RLOD.

Anyways it was a verry good read.

[Lush]

because its fun to have something different...

[Albut35]

Great read! I'd like to print that off and mail it to Congress! lol

[TheIrishLad]

Took me a while to get through it all but I enjoyed it. Your points were well thought out and rationale.

[sicknasty413]

Wowzers.. that was a long read.

...But I'm use to it. lol

Anyways, another amazing article/editorial. I for one completely agree with you and all your points.

I haven't been around the scene for that long (1.5 years ish), but I think I've been around long enough to see what good it does for the technological society.

I for one have learned so much... probably more than I have learned in the last 2 years of high school. From programming to soldering, from exploiting to wiring.. all in all, it's been one hell of a learning experience.

Doing this type of stuff makes me want to venture into some type of related field.. like eletrical engineering or software engineering and advance my knowledge enough to turn it into a career.

Good stuff though twisted.

[deilzfcjk]

It's scary times were all living in, isn't it?? First Johnny boy Ashcroft enacts the patriot act and now this. What's this country coming to? Man, I first handedly know how hard it is to mod a console. Think about it, how many have destroyed a console while trying to mod. Wouldn't that just ring up another sale for these console companies?

I agree with TS about where these agencies come up with their stats. Anyway, the ice website is flawed. They grouped Crystal Chip in there, probably other in that lineup that shouldn't be there. I know for fact that Crystal chip can't play backups with the stock flash. Its the only ps2 chip that doesn't play backups or copies at all with stock firmware. You have to go find it elsewhere to edit the hex and recompile the code to play backups. Crystal is the only open source chip out there. Still no one has been able to clone them. It just boots homebrew and other region games. It's so screwed. What if you moved from out of the u.s. and have a different encoding standard for your console....you couldnt' play your console. Crystal Team put alot of thought and engineering into that chip. It shouldn't be illegal under DMCA. It doesn't allow for bypassing copyright. Sigh!! Can't explain to these suits. Need a technical guy with the legal mumbo jumbo to explain this all. Actually these beaurecrats don't care...they got they're illegal funds slipped to them. How come little guys never win? They do the same shit. Isn't illegal campaign contribution illegal too? I bet these feds that confiscated theses consoles from the 'modders' are in awe of some of the consoles. They look at an xbox with X3 faceplate and different bank switches. They're probably like "That;s cool!. I feel like such a dick for confiscating this." Such useful applications have risen out of xbox modding. Sigh? No needs look no further than xbins. Hddlock, Fatx , regionfree, xbpartitioner, dashes,etc all from hardworking individuals.



This post has been edited by deilzfcjk: Aug 3 2007, 01:47 AM

[WetPamper]

DMCA + Patriot Act is a royal flush.

Take my advice, dont post on forums like these without proxy.

Modchips are illegal anyway you spell it, under DMCA.

That Bullshit Linux, XBMC arguement is only going to get you fined.

I have been through this same heat with cable box chips, the Grand Jury didnt by the B.S. loophole excuses modchip sellers use to sell there "dope"

Good Luck

I am a CYLON

[twistedsymphony]

I love my XBMC but I do not see how you can say this:

Spoken as truth when in fact it is not true at all. There are many legitimate uses for these devices beyond "subverting copyright protections" I mentioned previously the use of XBMC. While true that these devices CAN ALSO be used to circumvent copy protection that is not in any way shape or form their "one purpose" as stated. Either Julie L Meyers is ignorant to this fact or is outright lying to make her department's actions seem validated and warranted.

Like I said I love my XBMC but can it run on an unmodified system. No it can not. The statement made buy Julie L. Meyers is correct no matter how much I like it or not. In order to run XBMC I have to mod the system in some way. Even if I use an exploit for the purpose of getting around a security measure it is still the same. I am not saying I like what she is saying or what they are doing but the truth is it does not matter what BIOS code you use to boot what ever on what ever if it is to bypass what is installed by the developer than it is subverting copyright protections.

Is it really subverting copyright protection?

The discs are copy protected NOT the console. if you modify the console and never pop in a copy protected game exactly which copy protections are you breaking?

I'm not saying modchips are not illegal, because like most things, they are illegal under DMCA but they can be used and installed without violating copy protection.

Also Anyone who wants to tow a party line talking about how cruel the Patriot Act is should be reminded that Bill Clinton is the one responsible for the DMCA... Full Disclosure: I'm a Libertarian.

I'd also want to point out some additional cruel irony that someone pointed out to me in a PM.

Apparently there are a group of automotive enthusiasts who modified their cars to run on a specific form of bio diesel and are now being criminalized because the new fuel that their cars run on are not taxed as an automotive fuel and are being persecuted because of it... I truly envy the days that America's great innovators lived in, for they are long since gone.