Current Insight Community Cases

Justifying Your Datacenter Management Improvements

Essential Datacenter Tips On Application Performance Monitoring

The Importance Of Skilled Immigrants To The American Economy

Help A New Kind of Music Label Revolutionize The Industry

Mandates To Buy American Should Be More Carefully Considered

Shut Us Up

-- For Only $100 Million

Brought to you by Floor64 and the Techdirt crew.

stories filed under: "modding"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
arrest, cable modems, hacking, modding, tinkering



Guy Who Helped Mod Cable Modems Arrested By The FBI

from the freedom-to-tinker? dept

What a world we live in: if you tinker too much with the electronic equipment you buy, you might get charged with a crime. That seems to be what happened to a guy in Oregon who helps mod cable modems. Now, clearly, some people can and do use modded cable modems to access cable service that they haven't paid for, but there are plenty of legitimate reasons to hack your own hardware or to buy modded hardware. Just like unlocking a mobile phone should be perfectly legal, the same is true of unlocking a legally purchased cable modem. As the article linked above explains, most of the indictment seems to focus on the actions of others in this guy's forums, which should lead to an easy Section 230 dismissal (as he shouldn't be responsible for their actions). The only "questionable" issue for the guy is a request for certain information that could potentially have been used to gain unauthorized access -- but that's not evidence that he actually did so. All in all, this seems like an attempt to crack down on anyone interfering with artificial locks put on legally purchased hardware by the cable companies. And, if that's the case, why is the FBI involved at all? Shouldn't this just be a civil issue involving the cable companies?

77 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
arrest, copyright, dmca, game consoles, modding, video games



No Freedom To Tinker: Arrested For Modding Legally Purchased Game Consoles

from the no-innovation-allowed dept

This is hardly a new issue, but it's still troubling every time we hear a story like this. For years, there's been a fight over whether or not it should be legal to modify a legally purchased game console. Those in favor of the right point out that if you've legally bought something, you should always be free to tinker with it. That's just common sense. Those against it say that modifying a gaming console is done mainly to play pirated games or to cheat, which can cause problems for legit players. I find the latter responses unpersuasive, as those are technological or business model issues that can be solved in other ways, rather than a legal issue. But, thanks to that good old DMCA, that's now how the law works.

Instead, we get stories about students getting arrested for "jailbreaking" a video game console. It's interesting to see the use of the word "jailbreaking" here, as that's more commonly been applied to iPhones -- where it's common. Usually, this action has been referred to as "modding" or "modchipping" when it came to consoles. But the basic fact is that the actions are effectively the same -- and both should be perfectly legal. Modifying legally purchased hardware should never be against the law. It's possible that you could then use that modified hardware to break the law -- and no one's saying that's okay. But the act itself of modifying the devices should never be against the law -- especially where it could lead to a ten-year prison sentence, as in this case.

This particular case involves a student who would modify game consoles to let people make use of backup copies of their own games on the consoles. Making a backup copy, by itself, has been well established as being perfectly legal. The problem here (once again) is the DMCA's anti-circumvention clause, which makes it illegal to circumvent any kind of DRM, even if it's for a totally legal purpose. It's difficult to see how that's constitutional. Making it illegal to do something that's perfectly legal, just because someone puts any kind of DRM in the middle doesn't make any sense at all. It's a ridiculous scenario that this kid is now facing 10 years in jail for making video game consoles more useful, allowing people to use perfectly legal backup copies of their games. But, such is the state of the DMCA and copyright laws these days.

85 Comments | Leave a Comment..

 
Search Techdirt
And now, a word from our Sponsors..



Popular Posts
Poll

Which Internet Concern Worries You The Most?

 

 

 

 

 

 


Add Techdirt RSS To Your Reader
rss Add Techdirt to your Bloglines
Add Techdirt to your Google Add Techdirt to your My Yahoo
Add Techdirt to your Netvibes Add Techdirt to your Newsgator
Subscribe to Techdirt's Daily Email Newsletter

Techdirt's Daily Email Newsletter

Older Stuff

Tuesday

7:20am: Australian Operator Optus Deliberately Blocking Android Paid Apps (9)
6:30am: Helping Everyone Become An IT Innovator (9)
5:22am: Should There Be Punishment For Bogus 'Pre-Settlement' Letters? (18)
3:30am: If You're Looking For The Open Source Business Model, You're Looking For The Wrong Thing (28)
1:20am: Virgin Media Using Deep Packet Inspection To Spy On Your Internet Usage For Hollywood (27)

Monday

11:16pm: That Was Fast: New Detroit Newspaper Lasted An Entire Week Before Shutting Down (2)
9:33pm: Local UK Newspaper Chain Tries A Paywall (13)
7:49pm: The Uselessness Of Amazon's Announcement That Kindle Is Its Best Selling Product (16)
6:08pm: Facebook Photos Coming Back To Haunt Users In Surprising Ways (40)
4:45pm: French Courts Continue To Penalize eBay For Actions Of Users (12)
3:36pm: Dear Peter Mandelson... Dan Bull Sings His Opposition To Kicking People Off The Internet (13)
2:14pm: If We Don't Kick People Off The Internet For File Sharing, Football Will Die (65)
1:00pm: More ACTA Leaks; Still Looking Really Bad (15)
11:37am: Other Legal Work Slow? Start A Practice To Help Patent Trolling (14)
10:23am: One Misguided Tweet Is 'Indisputable' Evidence That Piracy Harms Movies? (63)
9:10am: Italian Prosecutors Assume Google Execs Read All YouTube Comments; Demands Jailtime Over Video (32)
7:33am: Copyright Law Changes In India Could Gut Fair Use (18)
6:00am: UK Pub Owner Fined Due To Unauthorized Downloads On Free Pub WiFi? (42)
3:57am: Suing For Patent Infringement No Replacement For Actually Building A Real Business (31)
1:46am: Mininova Deletes Most Torrents Under Court Threat (49)

Wednesday

7:37pm: Stop Wallowing And Start Doing Cool Stuff With Business Models, The Wil Wheaton Edition (32)
6:51pm: Researchers: Copying And Imitation Is Good For Society (144)
6:05pm: Steve Jobs Tells Startup Startup To Change Names, Saying 'It's No Big Deal' (70)
5:26pm: Profitable 'Pay Us Or We'll Sue You For File Sharing' Scheme About To Send 30,000 More Letters (20)
4:46pm: UK Police Arresting People Just To Add To DNA Database? (18)
4:01pm: Funny How Those In Favor Of ACTA Are Against Treaty Providing More Access To Content For Vision Impaired (6)
3:15pm: Advertising As Content: Newspaper Raising Newsstand Prices For Thanksgiving Papers With Black Friday Ads (11)
2:14pm: Are Entertainment Industry Tactics Working? (50)
1:00pm: Photographer Compares Microstock Sites To Pollution And Drug Dealing (45)
11:48am: If Movie Piracy Is Really A Problem, It's Hollywood's Fault (78)
More arrow
Quick Links
Close
E-mail It