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Console Modder facing up to 10 years in fed prison

ZorvanZorvan Member CommonPosts: 8,912

http://www.nbcdfw.com/news/tech/Cal-State-Student-Faces-10-Year-Prison-Term-for-Playing-with-Video-Games-52386872.html

Playing with video games can lead to hard time, just ask Matthew Lloyd Crippen.

The Cal State Fullerton student was arrested Monday on federal charges that he illegally modified Xbox, Playstation, Wii and other video game consoles to enable the machines to play pirated video games. Crippen, 27, of Anaheim, was taken into custody Monday morning by U.S. Immigration and Customs Enforcement agents. The arrest follows his indictment by a federal grand jury on two counts of violating the Digital Millennium Copyright Act.

Specifically, the college student is accused of modifying for personal financial gain technology affecting control or access to a copyrighted work, according to an ICE statement.

Each criminal count carries a maximum penalty of five years in prison.

The charges against Crippen stem from an ICE investigation initiated late last year after the agency received a tip from the Entertainment Software Association.

Last May, ICE agents executed a federal search warrant at Crippen's home, where they seized more than a dozen Microsoft, Nintendo and Sony video game consoles.

“Playing with games in this way is not a game -- it is criminal, said Robert Schoch, special agent in charge of the ICE investigations office in Los Angeles.

Crippen was expected to make his initial federal court appearance late Monday in Los Angeles.



For those who are not aware of what Section 1201 of US Code Title 17 says (the Anti-Circumvention section of the Digital Millennium Copyright Act), here are some clips from:

http://static.chillingeffects.org/1201.shtml  

"No person shall circumvent a technological measure that effectively controls access to a work protected under this title. "

# (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that -

* (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;

* (B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or

* (C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.

# (3) As used in this subsection -

* (A) to ''circumvent a technological measure'' means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and

* (B) a technological measure ''effectively controls access to a work'' if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.

http://arstechnica.com/gaming/news/2009/08/modder-arrest-a-reminder-that-most-console-hacks-are-illegal.ars  

http://www.wired.com/threatlevel/2009/08/game-console-jailbreaking-arrest/

And the ESA's press release and interviews since the arrest make it clear that this is just the first of many prosecutions they seek to make. They have made a decision, as an organization, to get aggressive on this subject

Comments

  • JGMIIIJGMIII Member Posts: 1,282

    This is why I actually buy my god damn games.

    They need to come down harder on these punk ass pirates.

    Playing: EvE, Ryzom

  • ZorvanZorvan Member CommonPosts: 8,912
    Originally posted by JGMIII


    This is why I actually buy my god damn games.
    They need to come down harder on these punk ass pirates.



     

    How's it affecting pirates?

    He wasn't selling bootleg copies of games, he was just modding the cosoles.

    And if you look, when asked where he learned his "trade", his answer was simple: Google.

    It's not stopping people from modding their own systems. It's not even stopping people from modding other people's consoles. If he hadn't been charging for it, they'd have had no case at all.  And it's most definitely not stopping people from pirating.

    And I can pretty much guarantee if I was in his position, I'd start modding every console in town for free just out of spite. Wouldn't be a damn thing they could do about it.

    Unless the ESA plans to sue the whole fucking internet for showing how to mod consoles and make copies of games, this doesn't stop or solve anything.

    I'm all for game companies making the money from their own games. But so far, they're "anti-piracy" rhetoric is just that: rhetoric.

    DRM just provides a reason for potential paying customers to opt for "non-DRM" versions.

    Charging $50-$60 for a 5 hour game just makes potential paying customers to opt for more "price proportional" versions.

    Going after people like this guy just pisses the modders off and increases their activity.

     

  • SuperthrustSuperthrust World of Warcraft CorrespondentMember Posts: 45
    Originally posted by JGMIII


    This is why I actually buy my god damn games.
    They need to come down harder on these punk ass pirates.

     

    Hey now...sometimes people enjoy making backups of their games in the case the game somehow becomes unplayable...and i know for a fact, that after owning an xbox for years, there were issues with the first couple batches that scratched your games to death...in which case, a backup would help.

     

    But, in order to play the backups, modding must happen...Its a lopsided subject here..sure its bad, but there is SOMETIMES good in it also...not always, but sometimes.

    image

  • JGMIIIJGMIII Member Posts: 1,282
    Originally posted by Superthrust

    Originally posted by JGMIII


    This is why I actually buy my god damn games.
    They need to come down harder on these punk ass pirates.

     

    Hey now...sometimes people enjoy making backups of their games in the case the game somehow becomes unplayable...and i know for a fact, that after owning an xbox for years, there were issues with the first couple batches that scratched your games to death...in which case, a backup would help.

     

    But, in order to play the backups, modding must happen...Its a lopsided subject here..sure its bad, but there is SOMETIMES good in it also...not always, but sometimes.

     

    Oh stop, people don't burn 360 games to make back ups.

    They burn them and use a program to play any 360 game they want for free even through xbox live.

    It's time for people to take game piracy seriously, people need to start doing real time for this stuff.

    I know in reality its tough to stop completly but putting a few guys behind bars may stop a few.

    Look at the effect piracy has on PC gaming, Studios like the one that made awesome games like World of goo have gone bankrupt due to 90% of the players enjoying thier game just stole it.

    Companies like EA wont release games like Madden on PC because of theft.

    I can go on and on, people that pay for their videogames suffer because pirate assholes can't afford games and just steal shit.

    People bitch and moun that more companies go the Microsoft Games for windows route with anti-piracy software but what choice do those companies have?

    These pieces of shit steal everything millions if not billions of games pirated yearly have gamers suffering through crappy anti-piracy software and people in the gaming industry lose thier jobs due to a increase of theft.

    It's serious, one day I hope internet and video game piracy puts people away for life then maybe assholes will stop trying to ruin it for the rest of us that actually pay and support our favorit game development studios.

    I'm suprised you guys approve of theft, it's pretty sick.

    Playing: EvE, Ryzom

  • ZorvanZorvan Member CommonPosts: 8,912
    Originally posted by JGMIII

    Originally posted by Superthrust

    Originally posted by JGMIII


    This is why I actually buy my god damn games.
    They need to come down harder on these punk ass pirates.

     

    Hey now...sometimes people enjoy making backups of their games in the case the game somehow becomes unplayable...and i know for a fact, that after owning an xbox for years, there were issues with the first couple batches that scratched your games to death...in which case, a backup would help.

     

    But, in order to play the backups, modding must happen...Its a lopsided subject here..sure its bad, but there is SOMETIMES good in it also...not always, but sometimes.

     

    Oh stop, people don't burn 360 games to make back ups.

    They burn them and use a program to play any 360 game they want for free even through xbox live.

    It's time for people to take game piracy seriously, people need to start doing real time for this stuff.

    I know in reality its tough to stop completly but putting a few guys behind bars may stop a few.

    Look at the effect piracy has on PC gaming, Studios like the one that made awesome games like World of goo have gone bankrupt due to 90% of the players enjoying thier game just stole it.

    Companies like EA wont release games like Madden on PC because of theft.

    I can go on and on, people that pay for their videogames suffer because pirate assholes can't afford games and just steal shit.

    People bitch and moun that more companies go the Microsoft Games for windows route with anti-piracy software but what choice do those companies have?

    These pieces of shit steal everything millions if not billions of games pirated yearly have gamers suffering through crappy anti-piracy software and people in the gaming industry lose thier jobs due to a increase of theft.

    It's serious, one day I hope internet and video game piracy puts people away for life then maybe assholes will stop trying to ruin it for the rest of us that actually pay and support our favorit game development studios.

    I'm suprised you guys approve of theft, it's pretty sick.



     

    Who said anything about approving of piracy?

    But the thing about needing DRM to prevent loss of sales is bullshit. Stardock releases all of their games, such as Sins of a Solar Empire, completely DRM free. And guess what? Their sales went through the roof. Why? Quality games, reasonable prices, and they don't treat prospective customers like criminals.

    And by the way, people do backup their console games. I'm one of those people after my 360 scratched the shit out of my Fallout 3 disc because I barely bumped it while moving the cord.

    And EA won't release Madden on PC because of piracy? Newsflash: they don't release Madden on PC because the market for that type of game outside of consoles is low. By your logic, they wouldn't be releasing The Sims on PC either but funnily enough, I see every single Sims game available for the PC and enjoying very nice sales figures.

    Piracy is also held up by sucky ass developers as the "catch all" excuse when investors want to know why their shit games tanked. "Oh, we would have made millions of sales but pirates took it all away.".

    By the way, any game I buy that has DRM such as SecuRom or other shit get's a nice "crack" added to it.

    I bought the game AND I "circumvented the anti-piracy software". Guess I should go to jail for being a pirate too, right? Because I'm guilty of the same thing as the guy looking at ten fucking years in the Federal pen : I circumvented the anti-piracy software.

  • SuperthrustSuperthrust World of Warcraft CorrespondentMember Posts: 45

    Zorvan knows what i am talking about...

    image

  • sanders01sanders01 Member Posts: 1,357

     Dumbass. That's all I gotta say.

    Currently restarting World of Warcraft :/

  • ZorvanZorvan Member CommonPosts: 8,912

    Oh, and to show how overpriced new games really are, look at this:

    http://www.gamespot.com/news/6214997.html?tag=latestheadlines;title;2

    Best Buy is testing selling NEW games for the same price as Gamestop's USED games. Obviously, if there wasn't a HUGE markup, Best Buy would never even consider doing such.

  • JGMIIIJGMIII Member Posts: 1,282

    Because game prices are rising we need to steal software?

    yeah......

    Sorry to tell you this dude but a nce chunk of madden sales came from PC and the ass hat EA director used inability to keep piracy inline as a major reason for not releasing madden for the PC which in turn forced many people to buy a PoS console just to play the ONLY  football game on the market.

    Now tell me how piracy didn't mess up paying customers in that situation? What about the company that developed World of Goo probably one of the best physic puzzle games to release in years? they went Bankrupt due to piracy.

    This stuff has an effect on companys and players that do the right thing and pay for thier games.

    No I don't think players that back up games on disks need to goto jail but don;t tell me that's what most players are doing because that's just bullshit.

     

     

    Playing: EvE, Ryzom

  • grandpagamergrandpagamer Member Posts: 2,221
    Originally posted by Zorvan


    Oh, and to show how overpriced new games really are, look at this:
    http://www.gamespot.com/news/6214997.html?tag=latestheadlines;title;2
    Best Buy is testing selling NEW games for the same price as Gamestop's USED games. Obviously, if there wasn't a HUGE markup, Best Buy would never even consider doing such.

    This Best Buy push to undercut Gamestop might be happening here in the midwest. I picked up Tombraider Underworld, marked at $20 but rang up for $10. I thought it was mismarked maybe and of course took the deal. Might have been a mistake but after reading this link im not sure.

  • ZorvanZorvan Member CommonPosts: 8,912
    Originally posted by JGMIII


    Because game prices are rising we need to steal software?
    No, why don't you read what I say next time. I said higher prices for 4-5 hour games that are nothing but graphics are one thing that's killing legitimate game sales as a whole. You think the only people who are not buying $50-$60 overrated pieces of shit are the pirates? No, consumers as a whole are tired of it and spending their money elsewhere. And game sales are going down because of this.
    yeah......
    Sorry to tell you this dude but a nce chunk of madden sales came from PC and the ass hat EA director used inability to keep piracy inline as a major reason for not releasing madden for the PC which in turn forced many people to buy a PoS console just to play the ONLY  football game on the market.
    Please, EA has used the piracy card on just about every shit thing they do for the last few years. And gee, the only football game on the market? Then maybe that tells you how much fucking demand there is for that type of game on the PC, huh? Just like I said.
    Now tell me how piracy didn't mess up paying customers in that situation? What about the company that developed World of Goo probably one of the best physic puzzle games to release in years? they went Bankrupt due to piracy.
    Somehow I doubt they went bankrupt solely due to piracy. http://www.joystiq.com/2009/01/30/world-of-goo-publisher-files-for-bankruptcy/  As you can see, the devlelopers didn't go bankrupt, the publisher did. Funnily enough, the deleloper was claiming a 90% piracy rate at the same time World of Goo was in the top fucking 10 list for sales at NPD. So somehow I seriously doubt piracy was hurting them too much. And was more than likely WAY LESS than the 90% bullshit the dev was trying to claim. Maybe next time he'll wait to make ridiculous claims when the truth is right there in front of everyone. You don't get top 10 sales at NPD with only 10% of your games sold unless you're Blizzard.
    This stuff has an effect on companys and players that do the right thing and pay for thier games.
    No I don't think players that back up games on disks need to goto jail but don;t tell me that's what most players are doing because that's just bullshit.
     
     



     

  • JGMIIIJGMIII Member Posts: 1,282
    Originally posted by Zorvan

    Originally posted by JGMIII


    Because game prices are rising we need to steal software?
    No, why don't you read what I say next time. I said higher prices for 4-5 hour games that are nothing but graphics are one thing that's killing legitimate game sales as a whole. You think the only people who are not buying $50-$60 overrated pieces of shit are the pirates? No, consumers as a whole are tired of it and spending their money elsewhere. And game sales are going down because of this.
    yeah......
    Sorry to tell you this dude but a nce chunk of madden sales came from PC and the ass hat EA director used inability to keep piracy inline as a major reason for not releasing madden for the PC which in turn forced many people to buy a PoS console just to play the ONLY  football game on the market.
    Please, EA has used the piracy card on just about every shit thing they do for the last few years. And gee, the only football game on the market? Then maybe that tells you how much fucking demand there is for that type of game on the PC, huh? Just like I said.
    Now tell me how piracy didn't mess up paying customers in that situation? What about the company that developed World of Goo probably one of the best physic puzzle games to release in years? they went Bankrupt due to piracy.
    Somehow I doubt they went bankrupt solely due to piracy. http://www.joystiq.com/2009/01/30/world-of-goo-publisher-files-for-bankruptcy/  As you can see, the devlelopers didn't go bankrupt, the publisher did. Funnily enough, the deleloper was claiming a 90% piracy rate at the same time World of Goo was in the top fucking 10 list for sales at NPD. So somehow I seriously doubt piracy was hurting them too much. And was more than likely WAY LESS than the 90% bullshit the dev was trying to claim. Maybe next time he'll wait to make ridiculous claims when the truth is right there in front of everyone. You don't get top 10 sales at NPD with only 10% of your games sold unless you're Blizzard.
    This stuff has an effect on companys and players that do the right thing and pay for thier games.
    No I don't think players that back up games on disks need to goto jail but don;t tell me that's what most players are doing because that's just bullshit.
     
     



     

     

    Well I don't know for sure if EA or the Dev team of World of Goo were lying or not, seriously how could anyone?

    But if you take the publishers statements as face value you can see the effect piracy has on video games, that's why I'm so against it.

    Also Madden is the only Football game on the market due to EA being the devil and signing an exclusive NFL agreement with the NFL and players association.

    EA is the only Publisher that can release a NFL game with real teams and player names so yeah its basically the only real game out.

    So yeah there's a massive demand for Madden games.

     

     

    Playing: EvE, Ryzom

  • ZorvanZorvan Member CommonPosts: 8,912
    Originally posted by JGMIII

    Originally posted by Zorvan

    Originally posted by JGMIII


    Because game prices are rising we need to steal software?
    No, why don't you read what I say next time. I said higher prices for 4-5 hour games that are nothing but graphics are one thing that's killing legitimate game sales as a whole. You think the only people who are not buying $50-$60 overrated pieces of shit are the pirates? No, consumers as a whole are tired of it and spending their money elsewhere. And game sales are going down because of this.
    yeah......
    Sorry to tell you this dude but a nce chunk of madden sales came from PC and the ass hat EA director used inability to keep piracy inline as a major reason for not releasing madden for the PC which in turn forced many people to buy a PoS console just to play the ONLY  football game on the market.
    Please, EA has used the piracy card on just about every shit thing they do for the last few years. And gee, the only football game on the market? Then maybe that tells you how much fucking demand there is for that type of game on the PC, huh? Just like I said.
    Now tell me how piracy didn't mess up paying customers in that situation? What about the company that developed World of Goo probably one of the best physic puzzle games to release in years? they went Bankrupt due to piracy.
    Somehow I doubt they went bankrupt solely due to piracy. http://www.joystiq.com/2009/01/30/world-of-goo-publisher-files-for-bankruptcy/  As you can see, the devlelopers didn't go bankrupt, the publisher did. Funnily enough, the deleloper was claiming a 90% piracy rate at the same time World of Goo was in the top fucking 10 list for sales at NPD. So somehow I seriously doubt piracy was hurting them too much. And was more than likely WAY LESS than the 90% bullshit the dev was trying to claim. Maybe next time he'll wait to make ridiculous claims when the truth is right there in front of everyone. You don't get top 10 sales at NPD with only 10% of your games sold unless you're Blizzard.
    This stuff has an effect on companys and players that do the right thing and pay for thier games.
    No I don't think players that back up games on disks need to goto jail but don;t tell me that's what most players are doing because that's just bullshit.
     
     



     

     

    Well I don't know for sure if EA or the Dev team of World of Goo were lying or not, seriously how could anyone?

    But if you take the publishers statements as face value you can see the effect piracy has on video games, that's why I'm so against it.

    Also Madden is the only Football game on the market due to EA being the devil and signing an exclusive NFL agreement with the NFL and players association.

    EA is the only Publisher that can release a NFL game with real teams and player names so yeah its basically the only real game out.

    So yeah there's a massive demand for Madden games.

     

     



     

    I don't take the publishers word for it when it comes to piracy, simply because claiming damages from piracy is an easy out for them. Also, it's not just piracy they claim hurts their sales. EA for one and a few others want resales of games banned, i.e. no more used game sales, which is why they started the crap with the "limited activations", not piracy..

  • HYPERI0NHYPERI0N Member Posts: 3,515
    Originally posted by Zorvan


    Oh, and to show how overpriced new games really are, look at this:
    http://www.gamespot.com/news/6214997.html?tag=latestheadlines;title;2
    Best Buy is testing selling NEW games for the same price as Gamestop's USED games. Obviously, if there wasn't a HUGE markup, Best Buy would never even consider doing such.

     

    If a game is to expensive then don't buy it.

    Another great example of Moore's Law. Give people access to that much space (developers and users alike) and they'll find uses for it that you can never imagine. "640K ought to be enough for anybody" - Bill Gates 1981

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