Men face criminal charge for Xbox tampering

[korsjs]

LOS ANGELES (Reuters) - U.S. prosecutors have charged three men with copyright infringement for selling modified Xbox consoles that enabled the original video game machine from Microsoft Corp. to play pirated games.

The criminal complaint filed in federal court in Los Angeles on Monday named ACME Game Store co-owners Jason Jones, 34, and Jonathan Bryant, 44, as well as Pei "Patrick" Cai, 32.

The complaint alleges that Jones and Bryant sold Xbox systems that Cai modified with chips and hard drives that allowed users to copy rented or borrowed games onto the console for future play.

All three men are charged with one felony count of conspiracy to commit copyright infringement and to violate the Digital Millennium Copyright Act. The charge of conspiracy carries a maximum possible penalty of five years in federal prison.

Lawyers for the men, who will be summoned to appear in U.S. District Court in Los Angeles in late January, could not be immediately reached for comment.

Jones and Bryant demonstrated the modified Xbox game consoles in their Melrose Avenue store. They charged from $225 to more than $500 for the modifications, depending on the extent of the modifications and the number of games preloaded onto the hard drive, according to a statement from prosecutors and the complaint affidavit obtained by Reuters.

During the investigation, undercover agents with U.S. Immigration and Customs Enforcement paid $265 to have a modification chip, a hard drive and 77 pirated games installed on an Xbox, according to the criminal complaint.

Microsoft released the Xbox 360, the new version of its game console, on November 22 in North America. The premium version of the system sells for $400 and is sold-out at many retail outlets.

The original Xbox was released in late 2001 and now retails for around $150. Games for the system cost up to $50 each.

http://today.reuters.com/news/NewsA...437Z_01_KNE072347_RTRUKOC_0_US-MEDIA-XBOX.xml

 

[Purogamer]

The problem isn't the chip or the guys doing the chip, it's the "preloading games onto the hard drive" that nails these idiots. How many times does it have to happen before they learn? There are LEGAL usages for chips. Chips come with homebrew LEGAL software on them for this very reason. Selling chips and installing them is legal. Putting games onto a different format IS ILLEGAL.

Idiots...They get busted for the DUMBEST DAMN PART OF THIS...Why would I pay anything for them to pre-load games that I can install myself? Takes like 10 minutes to copy to the damn hard drive...people are so damn stupid...

 

[vurbano]

I think its a bit like charging gun sellers with murder. WHen are the charges going to be filed against all of PTVupgrades for the HDtivo??? or netcom for modifications that allow Dish and D* recivers to copy programming to DVHS or PC's???

 

[vurbano]

The problem isn't the chip or the guys doing the chip, it's the "preloading games onto the hard drive" that nails these idiots. How many times does it have to happen before they learn? There are LEGAL usages for chips. Chips come with homebrew LEGAL software on them for this very reason. Selling chips and installing them is legal. Putting games onto a different format IS ILLEGAL.

Idiots...They get busted for the DUMBEST DAMN PART OF THIS...Why would I pay anything for them to pre-load games that I can install myself? Takes like 10 minutes to copy to the damn hard drive...people are so damn stupid...

I think your right. These idiots should never have copied the games. How stupid!

 

[korsjs]

i remember when i was in the navy. everytime we went to a foreign port, there was someone who set up a ten right outside the pier and was selling modded ps1s and the copied games. they would even mod your ps1 right there for you. only took about three minutes.

 

[Purogamer]

Well vurbano, there are non-illegal usages for chips. If you want to play import games, you don't have a choice but to modify your system to play them. Subsequently your system is now capable of playing copies. That's got more to do with region-lockouts than piracy...

But the sad truth is these games are expensive. There is really no difference between someone who copies games, and someone who solely rents games. Neither one of them are paying royalty rights to anyone to play the games. The only one making any money is blockbuster. Same with buying/selling used games at Gamestop. You can go buy "GUN" for like 40 bucks used at gamestop. However, when you buy that, technically it's piracy because while you own the physical game, you pay ZERO royalties to the game makers. 2 people have had that game and only 1 paid royalties. This is why games are going up in price, these guys aren't getting the sales data right. 3 million people may buy copies of GUN, but if only 200k of those buy it new, that's completely different data...

 

[CPanther95]

They would be very happy to receive royalties on every copy of the game. Reselling is perfectly legal, and if you bought the game, you've paid for the right to play that game. If you sell it, those rights transfer to the new owner.

If you copy it, that's where there's a problem. They receive nothing for those copies.

 

[Stargazer]

Is it illegal to copy movies onto an external hard drive to let someone else see them in a Tivo or let someone borrow your Tivo with the content on it? Would that be any different than letting someone borrow your vcr tapes or dvd's to see them?

 

[Purogamer]

I believe it is illegal to have ANYTHING on a format different than what you bought it on. Like how if you try to copy a DVD to a tape, you deal with macrovision...So yes it's illegal to rip DVD's to your hard drive because while there may be good intent, there is the possibility of ill-intent. This is why the MPAA is so crazy about this...

I disagree cPanther95. What's the difference between someone who copies games they rent from blockbuster, and someone who buys only used games from blockbuster. They may both have 20 games and neither of them paid royalties to anyone. They're the same. When you buy a used game you do buy the license to the game, but that's irrelevant to sales data. Yes you own a legal copy of the game but you didn't pay royalties. That's my issue. I could care less if someone has an actual copy of the game, if they didn't buy it new they're not helping anyone. Like I said, if 3million people play GUN and enjoy it, but whoever made GUN only sees 200k sold, not only is that a bummer, but it means there won't be a sequel.

If they'd pay royalties on used games i'd have no argument here, but they don't. I think it's absurd that you can buy new games used for 40 bucks about a week after release, and no royalties go to the game maker...Think about the last time you were at an EB or Gamestop and how many used games were there...Half the store is royalty-free, which is sickening to me as a fan of videogames and as a person who listens to developers complain about the rising costs of making games...

 

[mrschwarz]

I believe it is illegal to have ANYTHING on a format different than what you bought it on. Like how if you try to copy a DVD to a tape, you deal with macrovision...So yes it's illegal to rip DVD's to your hard drive because while there may be good intent, there is the possibility of ill-intent. This is why the MPAA is so crazy about this...

Fair use law allows you to copy content that you have purchased. It is legal to copy a CD to your MPS player. The Digital Millenuim Copyright Act (DMCA) makes it illegal to circumvent copy protect on content that you have purchased.

If a CD does not contain copy protection, it is legal to rip it to MP3s. If a DVD contains copy protection, it is illegal to use a program that allows you to bypass it.

One of the problems with the DMCA is that it transfers our fair-use rights to the content owners. What has the MPAAs panties in a wad is that:

1 - If you want content in a different form, they want to sell it to you again.
2 - Piracy

Personally, I do not have a problem with them trying to prevent piracy, as long as it does not interefere with my fair use rights.

 

[Purogamer]

Every CD i've ever put in my computer says "copy protected"...I believe most DVD's have the same treatment.

But you're right, they feel that if you want to take Usher's newest CD and have it on CD, iTunes and mp3, you should have to buy it 3 times and that's absurd.