Student Faces Ten-Year Sentence for Modding Consoles

[BehattedWanderer]

So, he modded them, then sold them? If numerous consoles were found with hardware modifications, then I'd say that yes, for violation of those specific terms in the DCMA to such a degree for personal gain is defenitely worth prison time. Intellectual copyright infringement

Even the copyright-abusers don't use a term like that.

is one of the largest crimes today.

Yeah, genocide, rape and defraud away as long as you don't infringe on copyright or (horrors) modify electronic equipment you own. Priorities FTW.

He went in for a bit of personal gain,

As if there's anything wrong with that.

and got busted for it. It's not entrepreneurship if its someone else's product,

Are you aware of the numerous pirate garages which change tires, oil and even engine parts (!) without explicit permission from the car manufacturer in question? Those are some hardened criminal non-entrepreneur bastards, let me tell you. They must have zillions of police in their pocket since I've never heard of any one of them getting busted.

and in that, he's no better than the guys selling stuff off the back of the truck--it's not like we complain when they get busted.

You are comparing an electronics installation - with zero direct financial loss to anyone - to a theft.
In the case of my PS2, the modchip has benefited retailers, Sony and their 3rd party developers about $250 in game and peripheral purchases I wouldn't have made without getting rid of the region lock.

Personal game on a small scale most won't mind, but he's acting as an independent retailer, without liscence, peddling some one else's ware. Think bootleg copies of your favorite movies being sold by that guy with the cart on the street, who will never be seen again after about a week, only to be replaced by another guy, without the shady mustace, two blocks down. And when those illegal garages get busted, what's the charge? A hefty fine, and a few years in lockup, depending on how long they've been operating and how pricey the cars. And yes, I do compare it to theft--for most people use mod chips to be able to access illegal copies of games. Quite like someone selling you a Slimjim, which is illegal in itself, which you then use to break into cars, a similarly illegal activity. You'd be suprised at the kinds of things that are in policy that protect Intellectual property. It's worse to steal music and software than perform an armed robbery at a national bank, in some cases. Absolutely ridiculous, until you realize how shallow and selfish people are, especially if someone's trying to take something they have some claim to, no matter how small or large. Look into some of the intellectual property protection laws, it's absolutely mindblowing.

 

[DRADIS C0ntact]

I don't get it. Did he mod the consoles to play pirated games? If that's the case, the punishment is just, thought still harsh. But if he was just doing cosmetic mods like that guy who makes 360 and PS3 laptops, then these charges should be dropped.

 

[Escapefromwhatever]

We don't know if he's going to get the max sentence yet, but geez, that's just silly. I was thinking about turning my N64 portable the other day as well...but I guess that's illegal =P.

 

[iblis666]

Well isnt that just stupid but then again ive thought that about the DMCA from the start

 

[Sightless Wisdom]

The U.S judicial system dissapoints me once again, I mean what the hell. It shouldn't be possible for a murderer to get away with less jail time than someone who modded consoles for a profit. I know it's likely he wont get the maximum sentene but the mere fact that it's possible should say something.

 

[MajoraPersona]

and got busted for it. It's not entrepreneurship if its someone else's product,

Are you aware of the numerous pirate garages which change tires, oil and even engine parts (!) without explicit permission from the car manufacturer in question? Those are some hardened criminal non-entrepreneur bastards, let me tell you. They must have zillions of police in their pocket since I've never heard of any one of them getting busted.

You beat me to it. Now I have to think up another witty analogy.

If the guy who made the wheel had copyrighted it, technology would suck now.

Also, the apparent issue is that not only were the consoles altered, but they were done so by someone who did so for profit. It's a good thing I've never actually tried to turn anything that already exists (i.e. Paper) into something almost identical, but with additional stuff (i.e. Words), or else the FBI would double their efforst in trying to find me.

On the other hand, it is bad for a person to request monetary compensation for services and goods provided. That goes against American doctrine. For those of you encouraging the charges, let it be known that I am fairly sarcastic, rude, and mildly anarchist. Also, I want to drop the moon on everyone because all my friends left me.

To summarize, laws are annoying, don't close libraries or mechanic shops, airplanes are awesome, dandelions are good for you, grenades solve all problems, Rosebud is the sled, fire makes everything better, everything's better in Canada, everything's worse in Milwaukee, ten years is too much for a maximum sentence, human souls taste bad, and you have three days to stop the moon from falling.

 

[Rigs83]

Welcome to the police state.

 

[The Bandit]

Since when the hell do murderers get less than ten years in jail? Ever? Please, someone, go find me one case. Maybe a guy who like... accidentally dropped something from a tall building, causing it to land on and kill a 115 year old man, who had no friends or family.

http://www.usatoday.com/sports/football/nfl/browns/2009-06-15-stallworth-dui-case_N.htm

DUI manslaughter does not equal murder.

Though, yes, that was an insanely lenient sentence.

Next?

accidentally dropping something of a building is manslaughter too. forgive the confusion.

Because I was super-duper serious with that example and everything.

You earn a well-deserved "hurr durr."

 

[cobra_ky]

Haha, Cobra Sky is pretty funny.

whoa. that's WAY cooler than my actual name! -.-

Since when the hell do murderers get less than ten years in jail? Ever? Please, someone, go find me one case. Maybe a guy who like... accidentally dropped something from a tall building, causing it to land on and kill a 115 year old man, who had no friends or family.

http://www.usatoday.com/sports/football/nfl/browns/2009-06-15-stallworth-dui-case_N.htm

DUI manslaughter does not equal murder.

Though, yes, that was an insanely lenient sentence.

Next?

accidentally dropping something of a building is manslaughter too. forgive the confusion.

Because I was super-duper serious with that example and everything.

You earn a well-deserved "hurr durr."

since that example was in the context of you asking a question about "murderers", i assumed you either didn't know or didn't care about the difference. don't take being misunderstood so personally.

 

[Nouw]

"they can also pose significant health and safety risks to consumers."

What the fuck did he do, put C4 in it or something?

How is modding a game console dangerous to your health or safety?

If I had to take a guess, I imagine he is referring to that fact that you are modding the electronics while not being certified to do so. In theory your changes could start a fire or something along that line.

Why would they care? Would they even visit his funeral?

 

[Eric the Orange]

I'm curious how is modifying a console the same as pirating or counterfeiting one?

 

[Lord Thodin]

I think he shoulda just modded it to be a robot for simple conveniences like doing dishes

 

[antipunt]

Bah, it's a good time to move against anyone in the gaming community is all. This crime is convenient for the anti-gaming media and political people. They make an example of this guy and everyone goes along with it, they know they can keep pushing their Thompsonesque agendas.

Don't get me wrong-I'm not saying what he did was awesome (modding *for profit* is the thing I don't approve of). But usually when someone copies something illegally (books, magazines, movies), they don't get slapped with 10 years in jail. There are countries that have an entire economy based around illegal copying. Why not go after them? Oh wait, people won't tolerate that. Way to go guys-continue to pick on the little person.

^This. This is how it -always- works. At my University, one girl was 'destroyed' for downloading music. It was kind of a huge 'scare' for all the freshmen. It's propaganda...it's how 'they' work.

It's also cruel. 10 years in prison. Holy ****, I think my ****** had an acquaintance who modded consoles, and he was just, like...a normal student. Yeah, making cash off modding is wrong..but...10 freaking years?

 

[Pumpkin_Eater]

Absurd. Why not lock people up for installing RAM and video cards in other peoples' computers while we're at it? It's time the government cracked down on that shady Geek Squad group who have been doing this for years to PCs; they even use counterfeit badges to make themselves look legit!

 

[Vern]

Speaking of punishments that don't fit the crime, home state Governor and Congressman Bill Janklow was convicted of sexual assault as a minor, and was given 100 days in jail and three years probation for speeding, running a stop sign and hitting and killing a motorcyclist. 100 days for killing a person due to gross negligence. 10 years for modding consoles. I'd like to know what the fellow was modding them to do, but when I hear modding I assume removing localization restrictions or modding it to read burn discs. I still can't imagine he made much money on it, but it's another fine example of our legal system. Much easier and safer to trap a kid pirating games than catch an armed killer or to stop a drug cartel. I would say a fine and maybe some probation is in order. Maybe a week in jail just to teach a lesson, at the very most.

 

[sallene]

many of the responses in this thread make me facepalm. Facepalm so hard I nearly knock my brain out the back of my head.


Congratulations, you have been sucked in by the sensationalist terminology of the media. Have a cookie.

as has been said before and been looked over numerous times by damn near everyone, the maximum sentence is 10 yrs. "maximum". It is damn near improbable if not entrirely impossible he would get that for this crime, let alone if this was a first offense.

Hows about we all just simmer down and turn off our "OMGWTFBBQDAMNTHEMANPIRATESYAY!!!!" alarms and wait to see what additional information is released and what actually happens to the poor lad.