Nintendo And Customs Versus Modders

Federal search warrants issued

Posted by Staff
Run! Run you evil bastard!
Run! Run you evil bastard!
Jodi Daugherty is Nintendo of America’s senior director of anti-piracy - and Jodi is pissed (off). Not content with running a team of five (we're sure hand-picked) operatives in the never-ending battle against the producers, sellers, procurers and users of Wii mod chips, Jodi's called in the shock troops of the U.S. Immigrations and Customs Enforcement.

Don't for one moment think that modifying your own Wii that you bought with your own cash (or were presented with by your aunty) is a game. It's not. Your Wii is Nintendo's intellectual property, and Jodi's Team (we like to think of them as Team Nintendo Of America - Wii Police) are pleased as punch that the customs guys (we like to think of them as U.S.I.C.E., but they like to think of themselves as ICE) have issued 32 search warrants in 16 states to clamp down on the filthy trade in chips; mod chips that is.

According to Forbes magazines, "ICE declined to release the names of those targeted but said they are allegedly responsible for importing, installing, selling and distributing foreign-made devices smuggled into the U.S."

Yes, "foreign-made devices smuggled into the U.S." - this is through the looking glass, people!

Jodi, possibly having returned from a small room with a single, very bright lamp and a phone book wrapped in a pillow case, pointed out that, "Piracy losses for Nintendo and its game developers and publishers likely totalled $762 million last year alone."

Things don't stop with Jodi and the team though - this is a job for Homeland Security as well, "Illicit devices like the ones targeted today are created with one purpose in mind, subverting copyright protections," said Julie L. Myers, assistant secretary of Homeland Security for I.C.E, who continued, "These crimes cost legitimate businesses billions of dollars annually and facilitate multiple other layers of criminality, such as smuggling, software piracy and money laundering."

Seriously though, folks, remember that modding any console is a crime according to the Digital Millennium Copyright Act of 1998. The Entertainment Software Association (E.S.A) estimates that it costs the industry $3 billion every single year - and that's money that could be spent on developing games that aren't simply rehashes of old franchises or tedious movie tie-ins.

Companies:

Comments

madjo 2 Aug 2007 11:18
1/8
Here's a novel idea. Remove those idiotic region coding from your consoles, and you have removed one reason for modding.

I'd like to play US released games (both Wii discs and Virtual Console games), but I can't, unless I mod my machine. Which I haven't done... yet...

Sure there are people who are modding their consoles, to play games that were acquired in an illegal way. (I refuse to call that piracy.) Or are otherwise a breach of copyright. But that's not the reason why I would mod my Wii.
RIPRAW 2 Aug 2007 14:55
2/8
You can pick up an m3 for the ds on sites like amazon. Are high profile sites like these going to face fines then? Or does the fact that the m3 does not actually modify Nintendo's hardware mean it's okay?

Besides, these devices are great for homebrew software. I can play Monkey Island and other ScummVM titles on my ds, aswell as listen to a bunch of mp3 and videos. It allows the ds to compete with the psp on all fronts.
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realvictory 2 Aug 2007 15:57
3/8
"Piracy losses" is not "losses" - it doesn't mean people would have paid anyway. Also, region importing isn't theft.

These are not just problems with Wii owners, these are problems with Nintendo's strategy itself as well.

Something to think about is, forcing users to stop using a product in the way they want is not necessarily "solving a problem."

The only problem I see is pirated games - this, however, is not an inherent problem with region coding or mod chips, so leave them alone. The problem is theft; and you shouldn't punish everybody else for a few peoples' mistakes (including your own).
deleted 2 Aug 2007 20:52
4/8
madjo wrote:
Here's a novel idea. Remove those idiotic region coding from your consoles, and you have removed one reason for modding.


Good idea but this wouldnt work entirly on the console part as 360 doesnt have region coding but certain devs still add it to the disc, so although its a good idea as id love to play super paper mario now the devs also need to remove the need for region coding and really they have no incentive to do so, think about how much they spend on localising a game for the EU, Language barriers (we dont all speak english in the EU) and shipping costs, advertising etc etc if we were just importing games a month before the EU got the game what point would the devs have to release over here if no one is going to buy a localised version, and you might say well their still getting the money back just through a US route, well no because they still pay for the above mentioned advertisng, shipping etc, and like i said a french speaking guy wont import a US enternal sonata or blue dragon as he wouldnt understand a thing! so although it would be nice for me personally or you personally region coding protects our region in a sense that we will continue be a focused upon market.
britpod 3 Aug 2007 00:10
5/8
Well first off, Modchips are typically not illegal, and at most are usually in a grey area, such as region free DVD players. Getting government agencies to "crack down" on legal items just because a company with alot of money wants them to is dodgy to say the least.

Second, why are people who mod their Wii's to play games from outside their region regarded as pirates while those who purchase things such as the Free Loader disc for GC legitimate users?

Just because a computer has a DVD reader/burner doesn't mean it's going to be used to pirate commercial DVDs. Give me a break.
Hypnotoad 4 Aug 2007 01:12
6/8
SPOnG wrote:
Jodi, possibly having returned from a small room with a single, very bright lamp and a phone book wrapped in a pillow case, pointed out that, "Piracy losses for Nintendo and its game developers and publishers likely totalled $762 million last year alone."

Wow this never ceases to amaze me. Speculative profit losses - hmm, 80% of people that pirate games acquire the entire gaming library which means that if they didn't have the means of pirating, they would have purchased them all and we would have made millions!! Yeah...um, not quiet.

Also, modding your console is legal in some countries like Australia for many reasons including the point mentioned earlier about wanting to play foreign games on hardware you own and being able to play using backups as originals can get damaged since no damaged media replacement policy in place.

I totally respect a company wanting to protect it's copyrights but seriously Nintendo, when will you just settle down and appreciate the success you have and chill for a bit? Why do you always insist on having your cake and eating it to? Your machine is selling to the casual mainstream market - do you really think that those people know how to have mod chips installed and copy/download/burn pirated games? No. Focus more of your energies on creating some decent content because soon nobody will want the trash you keep shoveling out lately.
deleted 4 Aug 2007 08:58
7/8
Hypnotoad wrote:
do you really think that those people know how to have mod chips installed and copy/download/burn pirated games? No.


I completely agree with you on pretty much everything Hypno, except i do believe that the mainstream do know how get get their console "chipped" and buy games from the guy on the carboot, look at the PSone, i must of known 30-50 people personally who had the PSone modded, and i worked at game at the time and the majority of customers i talked to on the subject would be the same, but yes they still bought some games original.
headcasephil 6 Aug 2007 09:36
8/8
i do belive that this is nintedo being nintedo thay have all ways done things like this even nes had nintedo taking i think game ginie i would chip my wii and put virtual console games on it but only game i own as a cart and importing games that the eu have not got yet or not coming out in the eu as it is nintendo and we all no what there like
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