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Author Topic: Editorial: The Legality Of Modding...  (Read 321 times)

HSDEMONZ

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Editorial: The Legality Of Modding...
« on: August 02, 2007, 04:26:00 PM »

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

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Editorial: The Legality Of Modding...
« Reply #1 on: August 02, 2007, 04:53:00 PM »

Great read Twisted  smile.gif

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

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Editorial: The Legality Of Modding...
« Reply #2 on: August 02, 2007, 05:12:00 PM »

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

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Editorial: The Legality Of Modding...
« Reply #3 on: August 02, 2007, 05:20:00 PM »

QUOTE(cerealkillajme @ Aug 2 2007, 06:29 PM) View Post

Great read Twisted  smile.gif

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

Same here

I always enjoy reading your posts Twisted
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Lush

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Editorial: The Legality Of Modding...
« Reply #4 on: August 02, 2007, 05:32:00 PM »

because its fun to have something different...
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Albut35

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Editorial: The Legality Of Modding...
« Reply #5 on: August 02, 2007, 05:48:00 PM »

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

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Editorial: The Legality Of Modding...
« Reply #6 on: August 02, 2007, 05:49:00 PM »

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

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Editorial: The Legality Of Modding...
« Reply #7 on: August 02, 2007, 06:37:00 PM »

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.

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twistedsymphony

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Editorial: The Legality Of Modding...
« Reply #8 on: August 02, 2007, 07:00:00 PM »

QUOTE(GandyMan @ Aug 2 2007, 07:20 PM) View Post

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.
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Landlocked

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Editorial: The Legality Of Modding...
« Reply #9 on: August 02, 2007, 07:22:00 PM »

The DMCA could be used to outlaw CD/DVD drives. They are tools used to duplicate copyrighted material.

I'm sure a fair number of people have made a mix CD (with innocent intentions) and violated the Fair Use Act.
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GandyMan

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Editorial: The Legality Of Modding...
« Reply #10 on: August 02, 2007, 07:48:00 PM »

QUOTE(twistedsymphony @ Aug 3 2007, 02:36 AM) View Post

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.



I would disagree; I think it all comes down to how far you take the term copy protection. If the machine is designed from a point to only allow one type of media to play and you make it work with something else then I think you have to say you bypassed a part of the copy protection. Mostly because you are now running a disk that does not have the protection on it that it is looking for. You made the system not use the check to load a disk. I do think that the new argument should be that since MS does not support the Xbox or design new ones than they have left it up to us to improve on it.

I would say I am not aware of the Automobile Enthusiasts being in trouble do to the gas not being taxed. I was under the understanding it was because their fuel has not been approved for use on the road. Basically having to do with smog and all that stuff. I could be wrong but with the way things are reported now days it is really hard to get to the truth. It is funny once it hits the front page of a web site it is truth.
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ydgmms

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Editorial: The Legality Of Modding...
« Reply #11 on: August 02, 2007, 07:53:00 PM »

QUOTE(twistedsymphony @ Aug 2 2007, 08:36 PM) View Post


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 wish more people knew that. I personally never cared who sucked who off (..or whom? bah irrelevant), but dammit the day he signed the DMCA was a bleak day... I'll always hate him for THAT.

Full disclosure: .. republican/libertarian .. tough call these days.

Resellers need to look into the Electronic Frontier Foundation (EFF). They do a lot of DMCA countersuits ( vs the RIAA/MPAA)
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wantin2mod

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Editorial: The Legality Of Modding...
« Reply #12 on: August 02, 2007, 08:07:00 PM »

All I have to say is, "Holy Crap"! You think that the almighty U.S. of A. would have something more to worry about than this.

Give me a break USA and go kick, take-down and hurt the terrorists while protecting your own people!

I guess it's the golden rule...whoever has the gold makes the rules....?

So much as "for the people and by the people...". More like "for the government and by the corporations"!!!


Money hungry buggers!!!



...go USA(government), go and remember why this nation was founded.
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GandyMan

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Editorial: The Legality Of Modding...
« Reply #13 on: August 02, 2007, 08:19:00 PM »

QUOTE(wantin2mod @ Aug 3 2007, 03:43 AM) View Post

All I have to say is, "Holy Crap"! You think that the almighty U.S. of A. would have something more to worry about than this.

Give me a break USA and go kick, take-down and hurt the terrorists while protecting your own people!

I guess it's the golden rule...whoever has the gold makes the rules....?

So much as "for the people and by the people...". More like "for the government and by the corporations"!!!
Money hungry buggers!!!
...go USA(government), go and remember why this nation was founded.



What does the government have to do with this? These people were breaking the law. Simple. It might suck as a law but it is the law. If you were the one losing money you would be after them also. No one is breaking your door down to stop you from running Linux or XBMC. It is the ones that mod for games that they are after. To think that all those people busted were not putting in chips that can play coped games is just crazy.

LetÂ’s see do businesses live to loss money or to make money. Law and courts are after these people not the government. I do not see why people are not mad at the makers of these chips. Are they coming to help anyone? If they are so not wrong in the eyes of the law why not help. Oh because they are here to make money.

Sorry I think I was mixing two posts into one.
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maz57

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Editorial: The Legality Of Modding...
« Reply #14 on: August 02, 2007, 08:22:00 PM »

QUOTE
America used to be the place of liberty and freedom, people would flee from their homelands coming here where they could follow the American dream. Something is really wrong when I and many in the technical community look at all of the other civilized nations on the globe and think to ourselves "I wish we had that kind of freedom here."


Reminds me of something George Carlin Said:

"It's called the American DREAM, because you need to be asleep to believe it"

Unfortunately that's what it has come to and it's not an easy fix to change the culture from supporting corporations first to supporting the people first.
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