Modder arrest a reminder that most console hacks are illegal

[nemowolf]

From Ars Technica:

Quote:

A California student has been arrested for modding gaming consoles to run "backup" copies of games, and he could face up to ten years in prison. Ars explores why your hacked console is very likely illegal if you live in the US.

Really ... hacking your console illegal? you dont say!

[Nude_Lewd_Man]

I would've thought it was okay.... After all, you've bought the thing, therefore it belongs to you and should then be able to do whatever you wish to do with it..

I can also see no real reason why they would want to stop you using a backup copy of your own (official) software - I've had it before where the game's media disk got fairly well scratched up, so I would think that having a copy of it would be fine...



However, having/using pirated software (or copies of other peoples games) would be a different matter - as you didn't buy the 'right' to play it in the first place....

(Same goes for pirated DVDs and other software)

[nemowolf]

Quote:

Originally Posted by Nude_Lewd_Man

I would've thought it was okay.... After all, you've bought the thing, therefore it belongs to you and should then be able to do whatever you wish to do with it..

I can also see no real reason why they would want to stop you using a backup copy of your own (official) software - I've had it before where the game's media disk got fairly well scratched up, so I would think that having a copy of it would be fine...



However, having/using pirated software (or copies of other peoples games) would be a different matter - as you didn't buy the 'right' to play it in the first place....

(Same goes for pirated DVDs and other software)

The big problem is kinda on the vein of possession is 9/10ths of the law, because you have a hacked xbox means you probably intended it for pirated/illegal use. No one with a non-hacked xbox needs to hack it for anything else.

As for software, you dont own it anymore. That is one of the things that the ESA is fighting against. You own the physical CD but only "license" the software on it for your personal use. So age old method of backup software no longer applies in this instance because you no long own the software to make a legal backup.

There is also the DMCA that causes you to be found guilty of circumventing the internal software and firmware that makes the hacking illegal. Its not just hardware that you mod now adays because the hardware is getting more and more complicated.

[theGlitch]

Quote:

However, having/using pirated software (or copies of other peoples games) would be a different matter - as you didn't buy the 'right' to play it in the first place....

That I think was the cause of the offense. But arrested? Why not sued like everyone else who pirates things?

[butch81385]

I personally think that modding should not be illegal. Obviously pirated games are illegal and they already have their own laws. There are other reasons for modding, such as to play home brew games (don't know the legal status of those). I can see them saying that modding is "circumventing security features" but that does not and should not equal pirating (you should not be able to assume intent). Of course what I am saying is logical, so it only makes sense for the law to not follow...

[nemowolf]

Quote:

Originally Posted by theGlitch

That I think was the cause of the offense. But arrested? Why not sued like everyone else who pirates things?

Depends on the violation. I think in this case, they had to do an arrest because they needed to Seize actual evidence. Its hard to get a warrant unless there is an arrest to go with it.

If they just served papers for a lawsuit, he could rid himself of the evidence and they would have no case. This prevents him from tampering with the evidence or getting rid of it so they have a solid case. Making headlines like this is also amazing PR for their cause.

[theGlitch]

Quote:

However, having/using pirated software (or copies of other peoples games) would be a different matter - as you didn't buy the 'right' to play it in the first place....

Agreed. But still, I've modded things from nerf guns to my mom's high heals (for a school science project). Say if one of my nerf guns I modded bruised a kid. Would that level of harm warrant my arrest? If all the modder was doing was backing up his games, I see this to be comparable.

Now if he were backup games from game fly, that's different. I don't have a subscription to game fly, but last i checked you could burn the 360 games to disk. So what's to stop joe schmo from burning games to disk then transfering them to an external drive or ftping into his 360?

[nemowolf]

Quote:

Originally Posted by theGlitch

Agreed. But still, I've modded things from nerf guns to my mom's high heals (for a school science project). Say if one of my nerf guns I modded bruised a kid. Would that level of harm warrant my arrest? If all the modder was doing was backing up his games, I see this to be comparable.

Now if he were backup games from game fly, that's different. I don't have a subscription to game fly, but last i checked you could burn the 360 games to disk. So what's to stop joe schmo from burning games to disk then transfering them to an external drive or ftping into his 360?

There isnt and that is why there is such an active community of people ripping and torrenting games online.

PS: Your nerf gun and your mom's high heals dont have EULA to agree or sign too when you buy them.

[theGlitch]

touche.

[Nude_Lewd_Man]

Quote:

Originally Posted by nemowolf

PS: Your...your mom's high heels dont have EULA to agree or sign too when you buy them.

Unless he got pimped....
Or, OWNED...??



(Corrected the spelling too)