Los Angeles Store Owners Charged with Selling Modded Xboxes

[fitbabits]

Head on over to Next Generation (http://www.next-gen.biz) for more details (http://www.next-gen.biz/index.php?option=com_content&task=view&id=1914&Itemid=2).

Two Los Angeles store owners and a third man have been charged in a federal copyright infringement case for allegedly selling modified Xbox consoles with games pre-loaded onto the hard drive.

Jason Jones, 34, and Jonathan Bryant, 44, who co-own ACME Game Store in L.A., commissioned Pei "Patrick" Cai, 32, to modify Xbox consoles and sell them through the store.
Interesting. Someone in my office bought their kid a modded Xbox last Christmas and keeps trying to convince me that it came from Best Buy like that. Maybe I should send her this story?

[Royal Fool]

Selling modded units = Fine.
Selling modded units with dozens of pirated software installed = Stupid.

[agentgray]

Reminds me of the time I was at Wal-Mart and helped the feds break up a stolen PS1 theft-gamestore ring.

What alerted the authorities that holiday season was that he had a LOT of boxed stock for his cruddy store and the department stores didn't.

The guy got arrested and shut down. He left a complaint at the wal-mart sucks website. I always thought it was pretty funny.

[gzsfrk]

I believe Royal Fool is more or less correct, in that selling modded Xboxes in and of themselves is not against the law, while obviously selling them preloaded with software most certainly IS against the law.

However, there have been attempts to interpret the DMCA in such a way that prohibits the legality of selling, installing, and using modchips, as they are technically devices that CAN be used to circumvent copy protection. But, at a basic level, so is the RCA-out jack on my sound card.

I think the distinction in modded Xboxes versus, say, a modded PS/PS2 is that a modded Xbox has uses OTHER than playing pirated games (and yes, I realize that modding a PS also allows you to play imports). A modded Xbox is currently, imo, the world's greatest deal for a media center PC if you load it with the XBMC front-end. Thus, just as with VCRs and cassette tape recorders, it can be argued that the primary purpose of a modded Xbox is to allow the extension of the device's multimedia features. Of course, I readily admit that for 95% of the people with a chipped Xbox that reason is complete bollocks, but still... the fact remains that it makes for an arguable position.

[Beelzebud]

XBMC is the reason I still use my Xbox daily.

It plays most video files better than my PC.

I'd be lying if I said there was nothing illegal on my Xbox, but you know what? I don't care. It's my xbox. Its' in my home, and I'll use it however I damn well please.

[fitbabits]

I'd be lying if I said there was nothing illegal on my Xbox, but you know what? I don't care. It's my xbox. Its' in my home, and I'll use it however I damn well please.
Ah, that old chestnut. You know, I've heard that same phrase used in so many cases, ranging from child pornography to corporate theft ("but the pictures/documents/whatever are on my computer and in my home, and I'm entitled to do whatever I please in my own home."). It does nothing to change the fact that the contents of your Xbox are illegal - not a damn thing.

I'm not attempting to judge you here, just pointing out that your reasoning is far from sound.

[gzsfrk]

XBMC is the reason I still use my Xbox daily.

It plays most video files better than my PC.

Like I said... best deal on a Media Center PC you can get. =)

I'd be lying if I said there was nothing illegal on my Xbox, but you know what? I don't care. It's my xbox. Its' in my home, and I'll use it however I damn well please.

I have to disagree with you on this point. You are correct that it is your Xbox in your home, and you are free to use it how you please, particularly so long as it is within the confines of the law. Obviously, copying games to the internal HD that you do not own conflicts with the law.

Thus, while you ARE technically free to do this, it is at your legal peril, and that risk is an added cost you incur. And while you very likely will NOT ever be caught for Xbox piracy, you're also incurring a passive cost to the hobby in general. Most gamers who pirate their games almost certainly would not have bought ALL of the games that they have pirated, but they very likely (with few exceptions) would have bought SOME of the games that they instead chose to obtain either for free or for the cost of a rental.

While I'm certainly no fan of gaming behemoths such as EA or Midway, I still cannot condone stealing from them. It undermines the hobby/industry as a whole, thus making it more difficult for smaller, potentially innovative companies to compete in a field where only the largest corporations can absorb the hit to sales that comes from a combination of piracy and the used games market.

NOTE: I am in NO way equating used game sales to piracy; much the opposite, I myself always buy used games when the option is available and see nothing wrong with it, legally, morally, or otherwise. I'm merely pointing out that it's a challenge that publishers (particularly the smaller ones) have to overcome IN ADDITION TO the problem with piracy (which, admittedly, probably hurts them less than used game sales =).

Cheers...

[phantomhitman]

i punch babies in my home..........rigghhhttttttt

[OUX]

i punch babies in my home..........rigghhhttttttt
I thought I was the only one...

[Paltry]

I'd be lying if I said there was nothing illegal on my Xbox, but you know what? I don't care

he knows its illegal and he doesnt care

hes not making any excuses

[EGO]

It's illegal to change the muffler on your car, but people do it.

[fitbabits]

It's illegal to change the muffler on your car, but people do it.
It's also illegal to rob someone at gunpoint, but people still do that! And your point is?

[agentgray]

It's illegal to change the muffler on your car, but people do it.
Yeah, but you really do have to pay a lot for your muffler, no matter what Goerge Foreman says.

[phantomhitman]

It's illegal to change the muffler on your car, but people do it.

Its actually illegal to take the cat convertors off, not change the mufflers. Mufflers have little to do with emissions tests, you still need them, but you can change them.
So there!! :D

I also wish there was a 7 foot by 7 foot grill so I can fry george foremans fat, grill selling, on every other channel, ass.

[XxSATANxX]

The modding X-Box guy here in my home town has made a killing modding x-boxes. I've bought 4 from him. My unit has a 200 Gig HD, a custom dash board, a custom paint job and an improved CPU and of course ton's of content. He drives an SLK and has just opened a Jimmy John's in the next town over. He's 22!

He informs me that he's (the scene) cracked 360 and is planning a "special edition" 360 with all kinds of up adds and extras. For a shadow product this kid has found a niche modding PS2, I-pods, X-Boxes, TIVO etc.

The units he sells comes with no content loaded.

He stills says what he does is a major law enforcement issue so for now he operates under the radar.

FYI George Forman is out of the grille biz!

[Beelzebud]

LOL equating my xbox to child porn, beating kids, and robbing people at gunpoint. LOL

You all jump to conclusions too fast. My xbox has emulators on it. 15gb of MAME goodness.

You know what? I still don't care if any of you approve of it or not.

[Bushido]

LOL equating my xbox to child porn, beating kids, and robbing people at gunpoint. LOL

You all jump to conclusions too fast. My xbox has emulators on it. 15gb of MAME goodness.

You know what? I still don't care if any of you approve of it or not.




Yeah fuck that shit. Do whatever you want. Laws are to prevent the weak from rising up against the powerful. Fight the power, fuck the Man.

[Beelzebud]

Yeah fuck that shit. Do whatever you want. Laws are to prevent the weak from rising up against the powerful. Fight the power, fuck the Man.

/me continues playing MAME on his Xbox.

[Deathbane27]

Yeah fuck that shit. Do whatever you want. Laws are to prevent the weak from rising up against the powerful. Fight the power, fuck the Man.

I'm too busy fucking The Man's mom. :D

[Grimmjow]

Its actually illegal to take the cat convertors off, not change the mufflers. Mufflers have little to do with emissions tests, you still need them, but you can change them.
So there!! :D

I also wish there was a 7 foot by 7 foot grill so I can fry george foremans fat, grill selling, on every other channel, ass.


:D i agree alot of people still do it

[genocidalrobot]

You know what? I still don't care if any of you approve of it or not.

Then why are you gloating about it? I don't care about your modded xbox.

[Beelzebud]

Then why are you gloating about it? I don't care about your modded xbox.

Oh yeah? Well I don't care, that you don't care, that I don't care about it!

[LilAbner]

I really am not concerned about victimless crimes. Sure you can buy the idea that piracy raises prices, but the reality is that piracy is here to stay. It will never end, therefore average game prices will never go down. Fortuately, piracy is not so widespread that it will bring down the industry. Most people simply don't know how to pirate games.

[mister_slim]

I was under the impression that Xboxes could be sold, and mod chips could be sold, but using the mod chip as intended (installing it) and then selling the combination is illegal?

[diggable]

Shit!

Pei Cai was the guy who did my Xbox, he lives in Pico Rivera, CA.

http://forums.xbox-scene.com/index.php?showtopic=347174&st=0

[aversion2k]

I'm too busy fucking The Man's mom. :D

isnt she in her 80's?

You know what piss's me off?
I bought a copy of batman begins, and when I stick the disk in I HAVE to watch the stupid video about how "YOU WOULDNT STEAL A CAR!! PIRACY IS STEALING!"

Now, If I had pirated this movie I wouldnt have to sit though that shit.

[genocidalrobot]

Oh yeah? Well I don't care, that you don't care, that I don't care about it!
hahaha, you brightened my day!

[holycrapper]

i
You know what piss's me off?
I bought a copy of batman begins, and when I stick the disk in I HAVE to watch the stupid video about how "YOU WOULDNT STEAL A CAR!! PIRACY IS STEALING!"

Now, If I had pirated this movie I wouldnt have to sit though that shit.

learn2pirate...

on a serious note, that shit is what pisses me off too. If I was pirating, then i wouldn't be watching this shit. So fuck off, the only reason I am watching you is because i rented or purchased your spyware infected ass legally, so stfu!


I really should change my sig to fuck sony...

[Draft]

These stories piss me off, because initially you're like, "omg, modding shouldn't be illegal, wtf is wrong with MS/the police/blargleburglewharglewhamp." But then you read that the assholes were sticking pirated games on the harddrive.

I guess it's too bad for me, "Los Angeles Store Owners Charged with Selling Pirated Games" doesn't make too great a headline.

[Kelegacy]

Selling modded systems = legal.
Selling modded systems w/pirated games = illegal.

The LA store owner wasn't guilty of selling modded Xboxes, but pirating games and distributing them.

[Abash Alarmist]

isnt she in her 80's?

You know what piss's me off?
I bought a copy of batman begins, and when I stick the disk in I HAVE to watch the stupid video about how "YOU WOULDNT STEAL A CAR!! PIRACY IS STEALING!"

Now, If I had pirated this movie I wouldnt have to sit though that shit.
Ironically I watched that same intro on a dvd that I had copied, heh.

[DudeWheresMyXbox]

Selling modded systems = legal.
Selling modded systems w/pirated games = illegal.

The LA store owner wasn't guilty of selling modded Xboxes, but pirating games and distributing them.
Selling modded systems isn't necessarily legal, even ignoring the existence of the DMCA.

Traditional Xbox hardware mods override the Xbox kernel in flash with a modified version of the original that has copy-protection checks removed.

The original Xbox kernel image is copyrighted. Redistributing (let alone selling) copyrighted items with slight modifications is a violation of copyright law.

That's why modchip groups like Xecuter point out the latest versions of their hacked kernel file releases on their public website, but make their customers visit IRC, newsgroups, P2P or other pirate back-channels to get the file. It's illegal and they know it.

However, if the modded console only includes an extra flash memory device containing the Xbox Linux kernel, then it's not a copyright violation.

Going beyond the kernel, redistributing homebrew applications built with the XDK (various Xbox media players, emulators, etc) is also illegal, since the copyrighted libraries used by the applications are only licensed out to authorized game developers.

[Paranoia]

Most modded consoles would be for the sole reason of playing pirated games anyway. This news was proof enough.