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XBOX modders caught. Might be facing Prison time if convicted.

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SNAAKE:

--- Quote from: pinballjim on December 02, 2010, 09:20:47 am ---100% of the time, guys like this are selling illegal copies of software.

No exceptions.

--- End quote ---

maybe not 100% of the time. half the people take the chance...

personally I think its really..really dumb to even consider games. there is no "case" if you sell games. guaranteed to get in trouble.

atomikbohm:
Alright I'll admit the nuances of this argument .. I mean discussion, are lost on me so can someone please answer a question for me?

My understandings / assumptions:

1) As I understand it the law has provisions for the owner of a software license (i.e. a X-Box game) to make 1 copy to use as a backup to protect his / her investment in the software in case of damage.  Correct?


The Fictional situation / The Questions

My 7 year old picks up my Xbox while the disk is spinning and the Xbox trashes my game. <Boo hoo> Luckily, I made a backup <Yeah Me>, But my unmodified XBox won't play it <Boo Hoo>  :banghead:

How does my back up copy of my legally purchased game protect my investment?  (i.e. how do I get my game replaced?)

It sounds to me like Microsoft, Sony & Nintendo are breaking the law (or at least the spirit of the Backup Law) by making it impossible to play your 1 legal back up.  That being the case why aren't they being publicly crucified to serve as a warning to other companies by the federal government?  

Those defending Microsoft and the Prosecution please enlighten me to the error of my reasoning.

Kevin Mullins:

--- Quote from: Dartful Dodger on December 02, 2010, 11:46:45 am ---but I don't understand why Homeland Security is involved?

--- End quote ---

Me either ......


--- Quote from: Ed_McCarron on December 02, 2010, 10:37:32 am ---Even if you just do the modchip and don't supply ANY pirated games, you are supplying a pirated version of the xboxes bios, right?

--- End quote ---

Now that may be a valid point.
I wouldn't call it a "pirated" version of the bios since it isn't a true copy of it.
But I guess modifying it based on their original software might be a problem.
 :dunno


--- Quote from: atomikbohm on December 02, 2010, 01:09:19 pm ---My 7 year old picks up my Xbox while the disk is spinning and the Xbox trashes my game. <Boo hoo> Luckily, I made a backup <Yeah Me>, But my unmodified XBox won't play it <Boo Hoo>  :banghead:
 
--- End quote ---

Exactly.  :applaud:

SavannahLion:
@atomikbohm

Quotes aren't working for me so....

It depends on which area of the law and what specific hardware you're talking about. There is a specific clause in copyright law that allows for backups based on the volatile medium in use at the time. Nintendo (amongst others) have argued that this does not apply to "non-volatile" medium eg cartridges. This position was later bolstered by laws like the DMCA that made circumventing copyright measures illegal. I don't believe the strength of the DMCA comes from the actual act of copying. It comes from the steps one must take to bypass or cripple the so-called security measures to protect that content. Compared to other laws still in place, the DMCA is an aberration that violates the very foundations of the U.S. and who we [strike]were[/strike] are.

Your logic is reasonable with exception to replacement. There is nothing that requires a company to replace your product due to user damage. That is the purpose of that law. To protect the consumer. The problem is that the DMCA isn't budging because media giants (read: lobbyists) like it too much. Anybody worth their salt can see the conflicts. But until the nation can stand together and say ---fudgesicle--- you it's only going to become more draconian

atomikbohm:

--- Quote from: SavannahLion on December 02, 2010, 03:22:26 pm ---There is nothing that requires a company to replace your product due to user damage.

--- End quote ---


--- Quote from: atomikbohm on December 02, 2010, 01:09:19 pm ---How does my back up copy of my legally purchased game protect my investment?  (i.e. how do I get my game replaced?)

--- End quote ---


By "replaced" I was refering to the problem of being allowed to create 1 copy that you can't use.  So if you can't use your copy.  Where are you going to get a copy you can use.  After all you are entitled under the law...

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