Yesterday saw the conviction of the first Briton for video game console chipping. The unnamed 22 year-old, a graduate of Cambridge University, had been selling modded Xboxes via his website for £380. The consoles came with a 200GB hard drive boasting 80 pre-installed games.
The sting was masterminded by UK games industry body ELSPA, in whose employ an investigator tracked down the unsuspecting Wales-based hacker and informed Caerphilly County Borough Council Trading Standards and the Gwent constabulary. ELSPA even provided forensic evidence that was used in the trial. The trade body’s deputy director general Michael Rawlinson commented that console modification was an area that ELSPA have been particularly focused on.
The magistrates, though not overly draconian, made their message clear when it came to sentencing. They confiscated his equipment (three PCs, three Xboxes, 38 hard drives and two printers) and ordered him to pay £750 in costs and carry out 140 hours of community service.
As law-abiding SPOnG readers will know, console modification became explicitly illegal in the UK in 2003, bringing us into line with European directives. Last year in July, Sony was successful in a bid to ban the sale of PS2 mod chips. Rampant piracy is often blamed for the demise of the blessed, but naively designed SEGA Dreamcast.
The sting was masterminded by UK games industry body ELSPA, in whose employ an investigator tracked down the unsuspecting Wales-based hacker and informed Caerphilly County Borough Council Trading Standards and the Gwent constabulary. ELSPA even provided forensic evidence that was used in the trial. The trade body’s deputy director general Michael Rawlinson commented that console modification was an area that ELSPA have been particularly focused on.
The magistrates, though not overly draconian, made their message clear when it came to sentencing. They confiscated his equipment (three PCs, three Xboxes, 38 hard drives and two printers) and ordered him to pay £750 in costs and carry out 140 hours of community service.
As law-abiding SPOnG readers will know, console modification became explicitly illegal in the UK in 2003, bringing us into line with European directives. Last year in July, Sony was successful in a bid to ban the sale of PS2 mod chips. Rampant piracy is often blamed for the demise of the blessed, but naively designed SEGA Dreamcast.
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Comments
Greg2k 5 Jul 2005 10:55
1/10
Ok, so he pays 750 quid when he will have probably sold more than a dozen units priced at 380. I think he's too damn lucky
tyrion 5 Jul 2005 11:20
2/10
Greg2k wrote:
Ok, so he pays 750 quid when he will have probably sold more than a dozen units priced at 380. I think he's too damn lucky
Plus the loss of his PCs, XBoxes and hard drives.
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jhorto1 5 Jul 2005 12:22
3/10
I don't care if it's illegal, I don't think there's anything really wrong with modding an Xbox. You own the thing and there are plenty of legal reasons why you'd want a modded xbox. (Media center capabilities, etc.)
That being said, this guy crosses the line. Selling modded Xboxes with pirated games is sooo wrong.
I think he got off easy.
That being said, this guy crosses the line. Selling modded Xboxes with pirated games is sooo wrong.
I think he got off easy.
kid_77 5 Jul 2005 12:52
4/10
If you mass-pirate for a career, you deserve all you get.
But making the modding of consoles illegal is only a mild deterrant, though. They'll only pursue those who take a sizable chunck of profits. It's impossible to police the entire modding community.
But making the modding of consoles illegal is only a mild deterrant, though. They'll only pursue those who take a sizable chunck of profits. It's impossible to police the entire modding community.
Joji 5 Jul 2005 13:34
5/10
It's not really about the modding part but more so the mass piracy the guy was up to. I to agree that you should be able to mod your Xbox (or whatever console) that you paid for to meet your own personal needs. However if you choose to do what this chap did then it's only a matter of time before the law catches up with you.
Ditto 5 Jul 2005 13:53
6/10
Do any of the SPOnG guys know modding is defined in the law? Is it legal to change the software but not the hardware or what?
I think it's disgraceful that the law disobeys us to "play" with consoles we have legally purchased. It's not the same as with software where the vendor licences it to you, you're buying an actual physical product that is yours to keep and treasure - and do whatever you want to.
Having said that, I agree with everyone else that the mass-piracy thing had to be stopped.
I think it's disgraceful that the law disobeys us to "play" with consoles we have legally purchased. It's not the same as with software where the vendor licences it to you, you're buying an actual physical product that is yours to keep and treasure - and do whatever you want to.
Having said that, I agree with everyone else that the mass-piracy thing had to be stopped.
SPInGSPOnG 5 Jul 2005 17:13
7/10
Adam M wrote:
I think it's disgraceful that the law disobeys us to "play" with consoles we have legally purchased. It's not the same as with software where the vendor licences it to you, you're buying an actual physical product that is yours to keep and treasure - and do whatever you want to.
Careful! If Microsontendo see that, they'll be wanting to make it so you can't "own" hardware either... only license it from them for the period of use.
Sound ridiculous, I know... but wait and see. That way, they can force you to upgrade, and stay competitive with their latest software offerings.
iamthelionwarrior 11 Jul 2005 04:22
8/10
jhorto1 wrote:
I don't care if it's illegal, I don't think there's anything really wrong with modding an Xbox. You own the thing and there are plenty of legal reasons why you'd want a modded xbox. (Media center capabilities, etc.)
That being said, this guy crosses the line. Selling modded Xboxes with pirated games is sooo wrong.
I think he got off easy.
That being said, this guy crosses the line. Selling modded Xboxes with pirated games is sooo wrong.
I think he got off easy.
So, sorry if I sound dumb.... but is it illegal to modify your game console? I mean thats like saying that when you buy a Civic you are not allowed to add nicer rims, paint it, add a turbo engine, or alter it in any way. Guess we'll have to be careful on how personalised we make the 360. I would understand if it were illegal to use a modded xbox for illegal reasons, but for your own enjoyment why the heck not. It's not like you can easily fill up all the space the give you by just saving games and cds to your xbox. Heck, I'm surprised its legal to burn cds to your xbox then. LOL>
config 11 Jul 2005 08:34
9/10
Modding in general isn't illegal. However, if by modding you remove any copy protection mechanism, then that is illegal (in UK law).
On the PS1 and PS2, Sony rather stupidly, or craftily, depending on how you look at it, put the region lock and the copy protection in one mechanism. Can't remove region lock without taking out the copy protection. Mentalism, or a really good way to clamp down on regioning chipping. You decide.
On the PS1 and PS2, Sony rather stupidly, or craftily, depending on how you look at it, put the region lock and the copy protection in one mechanism. Can't remove region lock without taking out the copy protection. Mentalism, or a really good way to clamp down on regioning chipping. You decide.
kid_77 11 Jul 2005 14:48
10/10
config wrote:
Mentalism, or a really good way to clamp down on regioning chipping. You decide.
Just cnutilism.
BTW Config, sorry for not making use of all your efforts. Been busy doing private work at weekends, but should be able to get some done soon ;)