On Fri, 13 Jun 2003, Dustin Puryear wrote: > I don't think it is illegal to modify the X-Box per se, but modifying or in > any way tampering with any mechanism that protects copyrighted content > (i.e., the software running on the machine) would violate the DMCA. Anyone, > please feel free to correct me if I'm wrong.
A good argument, but strict interpretation of the DMCA would lead me to believe otherwise. To quote a little loosely, a mod chip is a "device primarily designed to circumvent access controls of copyrighted works, and otherwise has limited significant purpose or use". Now if you can convince a judge that most modchips are NOT being used to illegally copy games, good luck. Just don't get any pointers from the guys that said Napster was used primarily for LEGAL mp3 swapping. Yea right. Firstly, the mod-chip you buy mostly likely has or you install a BIOS on it that was built with a very illegal copy of the Microsoft XDK (development kit). There is a legal OpenXDK, but it's not quite there yet. So you pop in the chip, boot up the box, and execute the BIOS that contains copyrighted Microsoft content that you just circumvented. Congrats DMCA violator, that'll be 5 years and $500k. There are "clean" BIOS's, that contain no MS code, and will boot right into Linux. But wait. You don't actually have to even install the chip or violate any copyrights to be in violation of the DMCA. Merely purchasing (trafficking) this device (the modchip) puts you in violation of the DMCA. This section was probably intended for "dealers", but nothing defines what a "dealer" is. If you buy one device, you are trafficking, and that falls under Sec 1201(a)(2): ----------- `(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. ----------- ray -- =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ray DeJean http://www.r-a-y.org Systems Engineer Southeastern Louisiana University IBM Certified Specialist AIX Administration, AIX Support =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
