Xbox modding may be Fair Use, rules judge Options

[Xbox-Scene]

Xbox modding may be Fair Use, rules judge Posted by XanTium | November 11 00:57 EST | News Category: Xbox360

From gamesradar.com: [QUOTE] Great news for anyone who likes tampering with their game consoles came out of a federal court today. The judge in a high-profile Xbox modding case has allowed use of the argument that altering the device in your own home fits into the long-defined Fair Use legal doctrine. 28-year-old Anaheim, California resident Matthew Crippen found himself in hot water when prosecutors brought charges against him for charging to mod Xbox 360s. Lead prosecutor Allen Chiu argued that any sort of evidence or arguments citing Fair Use are irrelevant to the case, will be used to wrongly achieve a "not guilty" sentence from the jury despite the evidence, and should not be admitted. The judge didn't agree, saying, "Because fair use is a mixed question of law and fact, it is a permissible question for the jury." [/QUOTE] Full Story: gamesradar.com

[Aldanga]

This is significant for everyone in the modding community. Let's hope common sense prevails.

[Classico]

I wonder how this case will turn out now.

This post has been edited by Classico: Nov 11 2010, 08:00 AM

[tomgreen99200]

Now that is an unexpected twist. This could be a good thing Matthew and all of us as well.

[kingdt]

Being charged for modding his xbox lol. Not pirating or making a profit from it. Fuck me, people have nothing better to do. I bet he will get 10 years and the pedophile in the same cell will do half the time.

[royvedas]

Being charged for modding his xbox lol. Not pirating or making a profit from it. Fuck me, people have nothing better to do. I bet he will get 10 years and the pedophile in the same cell will do half the time.

It's "Peter File".

[lordvader129]

Being charged for modding his xbox lol. Not pirating or making a profit from it. Fuck me, people have nothing better to do. I bet he will get 10 years and the pedophile in the same cell will do half the time.

he wasnt charged for modding his own xbox, he was charged for modding other peoples xboxes including 2 undercover LEOs (for 80 dollars each IIRC)

on the plus side, the pedo will get beat up almost every day lol

[Grim187]

what if living cells had copyright protection?

[GamerBR]

Being charged for modding his xbox lol. Not pirating or making a profit from it. Fuck me, people have nothing better to do. I bet he will get 10 years and the pedophile in the same cell will do half the time.

In a certain way they may be very much alike.
In no other civilized country would a person be prosecuted and go to jail for charging for modding an Xbox or for having sex with a 17 year old.

This post has been edited by GamerBR: Nov 11 2010, 10:30 AM

[spoone]

what if living cells had copyright protection?

what? yours don't?

edit:
and my dna has a nice copy protection too...

This post has been edited by spoone: Nov 11 2010, 10:33 AM

[Martinchris23]

I'll be watching this with great interest. Precedent has a lot of leverage in the Judicial system.

[matthewcb]

I have a feeling money will talk here. It usually does. Just look at the ridiculous value placed on MP3's by the courts.

I don't understand why the hell people can't mod their consoles. D/l copyrighted material, that's a different matter.

Would Ford prosecute me if I put a go-faster stripe on the side of a Focus?

[lordvader129]

Would Ford prosecute me if I put a go-faster stripe on the side of a Focus?

but your insurance can drop you if you put a go-faster turbocharger in it

[sleepy420king]

Just Something To ADD!

I just got convicted of flashing xbox360's and got a federal felony! I am on house arrest for 10months and got a 1800 dollar fine!

Government said I violated The DMCA..Digital Millennium Copyright Act

I had a public defender so that is maybe why my outcome is not the same!

I live in los angeles

This post has been edited by sleepy420king: Nov 11 2010, 12:19 PM

[feidhlim1986]

Would Ford prosecute me if I put a go-faster stripe on the side of a Focus?

No. And no one would prosecute you if you covered your Xbox in stickers either. If you modified the engine however then that'd a different story, well not necessary prosecution but maybe you'd become uninsurable which would mean it would be illegal to drive the car.

The reason you're not "allowed" mod consoles is it ALWAYS leads to piracy.

Anywho, this case might mean good news. U.S Courts deemed jailbreaking iPhones fair use, so maybe flashing an xbox could become fair use. Then Microsoft could have no right to banned Xboxes based on the fact their flashed. But only ban based on piracy.

This post has been edited by feidhlim1986: Nov 11 2010, 01:12 PM