What could be a landmark case for gaming’s grey market
There’s a lot of stigma attached to modding consoles to play unauthorized software. Nintendo and Sony have fought battles for years to stop modifications that allow the execution of unsigned software (referred to as “Homebrew”) on their consoles, only to have all of their hard work spent patching security holes to be undone as new hacks are discovered. To the vast majority, these kinds of practices are inherently illegal – thanks, in part, to companies like Nintendo (perhaps unfairly) branding them as such, even though the law can be fuzzy regarding what is actually within a consumer’s legal boundaries.
As corporations launch more lawsuits against those who would sell and install modifications to allow the execution of homebrew software, though, the boundary lines are slowly being drawn – back in July, a Federal Jury ruled that “jailbreaking” an iPhone to run homebrew software was in fact completely legal. But that has not stopped console hardware manufacturers, who actively persecute those that would circumvent their copy protection. Sony in particular is responsible for Bleem! and Lik-Sang closing their doors over the implications of copy protection circumvention.
That may be changing, as on Thursday, Federal authorities dismissed a case regarding a California man selling modified Xbox hardware. Matthew Crippen ran a small business out of his home revolving around modifying Xbox 360 hardware and installing custom firmware to enable the user to play illegal copies of games and execute unauthorized software. Crippen was facing up to five years in jail, until the third day of his trial when it was announced that his case had been officially dismissed.
As it turns out, the basis of the trial centered on Matthew Crippen modifying the consoles with the intent of using illegal pirated software – a fact that could not be verified. Though modifying hardware to run unauthorized software is most commonly used for piracy, legitimate and legal homebrew software can be an equally big draw – such as Xbox Media Center, made popular on the original Xbox in 2003. With no evidence to suggest Crippen had criminal intentions in mind, he was declared a free man.
The implications of a ruling such as this could potentially be significant and may even re-ignite the sale and distribution of modchips in the United States – as long as the retailers themselves make it clear that the hardware is intended only for legal homebrew applications and not piracy.
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This is old news, it has always been known that modding isn’t necessarily used for pirating. Just as Jailbreaking an iPhone is legal in the US because of Cydia’s apps, not because of the ability to bypass iTunes marketplace.
Justice is served
Did you hear the rumor about a Wii emulator for the PS3?
That would be freakin hilarious if it became a reality.
@ Mike, would you have to use the PSMove thing?
Yes, it would require a jailbroken PS3.
I’ve heard of the Wii emulator being ported to the PS3 but I doubt they’ll get anything terribly playable out of it. Judging by what I’ve seen, it takes the most top-of-the-line PCs to get playable framerates in that emulator – far beyond what the PS3 is capable of.
Using piracy as an excuse for blocking homebrew has always annoyed me.
“Hacking the system could let you pirate games, so we’ll prevent hacking it” is like saying “Having a hand could let you shoplift candy, so we’ll chop your hands off.”
Oh also, Mike: I would not be the least surprised. I have the latest Mac build of Dolphin on my computer and it runs 95% speed. You can even use a Wii Remote. The only thing you really can’t do that you could on a real Wii is the on-screen cursor (my MacBook doesn’t have a sensor bar =P). So yeah, I wouldn’t be the least bit surprised if they ported Dolphin to PS3. PS3 is one powerful system.
Modded origianl Xboxes have plenty of uses outside of piracy, the only things a modded 360 is good for right now are piracy and being hacker douchebaggery.
Not to hurt feelings, but I still wish that people would stop hacking games or consoles and stop downloading emulators. Because this is what happens when people hack a game/console or use emulation of some kind. It is jail time for those who break the law, so watch out.
I’m so glad that I would never do those things, and just play my games on my consoles without having to modify it nor do anything else.
@Vulpine
How many people actually get arrested for downloading video games? Not many. It’s like stealing a penny sweet from a shop, only on a bigger scale.
Are people really gonna fork out £50 for say, Pokemon Red on Ebay, when they can download it for free? I’m not condoning it or trying to argue, just sayin’.
@ChibiChloe
But that does not stop games and consoles from being made and played at this day. Nintendo and other big-name game publishers get upset when someone posts a hack, emulation or ROMs on the Internet, and they went as far as sending ‘cease and desist’ letters to those who make ‘fangames’. Companies these days are very protective of their own intellectual properties, and they do what it takes to get those who violate their rights into trouble.
The problem with going to jail is that you’re there for years, even more then one decade. Heck, people even sometimes end up dying in jail. And I don’t want that happening to me nor anyone else. I’m thankful for that I obey the law and know what to do in life. Here’s some advice: If you don’t want to end up in jail, then don’t do anything that would break the law or get you in trouble. Simple as that, if you know what I mean.
I don’t care about people who download and pirate and stuff. I just don’t partake in it if I have other options.
But one of my friends is bugging me to get the English mod of Pokemon B/W, when I am perfectly content to wait.