Not sure I understand your point. I didn't say anything about "hacker tools", and I don't think the SlimJim analogy quite fits. I think this is more like drug paraphernalia. Yes, officer, I have this elaborate bong that I just use as a vase. If the specific purpose of the modification you make is to allow you to use pirated software, then I think it is a fairly reasonable assumption that you made the mod so you could use pirated software. Particularly if you are then selling it to others.
I don't disagree that you should be legally permitted to make modifications to something you bought, and that any charges against this fellow should stem from the pirating aspect. That's why I made a point to say that I understood there were some valid concerns about the specific charges. But at the same time, it is disingenuous to suggest that this guy does not fully understand why people would be buying these modded systems. Assisting others with committing a criminal act is a crime itself (aiding and abetting). -----Original Message----- From: Kurt Buff [mailto:kurt.b...@gmail.com] Sent: Thursday, August 13, 2009 4:33 PM To: NT System Admin Issues Subject: Re: XBox mod hacker could face 10 years in prison !!! Heh. Hacker tools? Well, just don't get caught driving around with a SlimJim - if you have the tools, you are guilty, I suppose. 2009/8/13 Mayo, Bill <bem...@pittcountync.gov>: > From what I understood in the article, the mods were in order to allow > pirated software to run. As someone who actually pays for the music, movies, > and games I play/watch, I have very little sympathy. I understand that there > are some valid concerns about the specific charges, but it does seem fairly > unlikely that a person would be arrested for modifying their own hardware for > purposes that are not themselves illegal. There is a whole generation coming > up now that think that pirating music and movies is no big deal, and I see > little to no difference between that and throwing a brick through the window > at Best Buy. Stealing is stealing. > > Bill Mayo > > -----Original Message----- > From: Kurt Buff [mailto:kurt.b...@gmail.com] > Sent: Thursday, August 13, 2009 3:31 PM > To: NT System Admin Issues > Subject: Re: XBox mod hacker could face 10 years in prison !!! > > I have no issues with users modding the machines and software they've > purchased. It's what people do, and should be able to do. > > I have no issues with the service provider monitoring for modding, detecting > it and discontinuing service if mods are detected, but I think it's a design > problem, and not a service problem. The fact that the game providers aren't > smart enough (yet) to level the playing field and maintain security of their > networks is *their* problem, not the consumer's problem. > > I have *big* issues with criminalizing the modding. I even have issues with > torts surrounding this issue. It's way out of line. > > On the other hand, I don't play computer games any more, either. Most of that > decision was based on lack of time/interest, but a small part of it was > frustration with the modders who "cheated" (if that's the term you want to > use) and gained an advantage. But that's my choice, and not a legal matter. > > Kurt > > On Thu, Aug 13, 2009 at 03:10, <asbz...@gmail.com> wrote: >> Over the years, a lot of comparisons have been made between cars and >> computers. >> >> I don't necessarily agree with the criminal angle of modding electronic >> equipment, but one does have to admit that computers and computer-like >> devices facilitate and engage in a degree of interoperability that is not >> common in other modding scenarios. >> >> Is it fair to have someone mod a game system and then participate in an >> online multiplayer game with what no longer constitutes a level playing >> field? >> >> The challenges in this realm are different. >> >> -ASB >> Sent from my Verizon Wireless BlackBerry >> >> -----Original Message----- >> From: Kurt Buff <kurt.b...@gmail.com> >> >> Date: Wed, 12 Aug 2009 15:38:26 >> To: NT System Admin Issues<ntsysadmin@lyris.sunbelt-software.com> >> Subject: Re: XBox mod hacker could face 10 years in prison !!! >> >> >> Yup. Clear conflict with the intent of SCOTUS and the Carterfone >> decision and other decisions regarding 3rd party maintenance on cars, >> etc.. >> >> Something's going to give here in the next few years. >> >> On Wed, Aug 12, 2009 at 13:04, Steven M. Caesare<scaes...@caesare.com> wrote: >>> It's the leveraging DCMA circumvention as a root "crime" in this >>> prosecution that's disturbing. >>> >>> -sc >>> >>>> -----Original Message----- >>>> From: Kurt Buff [mailto:kurt.b...@gmail.com] >>>> Sent: Wednesday, August 12, 2009 2:53 PM >>>> To: NT System Admin Issues >>>> Subject: Re: XBox mod hacker could face 10 years in prison !!! >>>> >>>> I'm not exactly an Ayn-Rander, but... >>>> >>>> On Wed, Aug 12, 2009 at 08:14, Angus >>>> Scott-Fleming<angu...@geoapps.com> >>>> wrote: >>>> >>>> <snip a bunch, and the quote below was written by someone else...> >>>> >>>> > Now Apple is trying to control the platform, applications and >>>> > network simply to line their own pockets. While you Ayn Rand-ers >>>> > are busy slapping high-fives, let me remind the rest of you that >>>> > competition and open platforms are better for consumers on all >>>> > levelяяЏяявяњfrom pricing to performance. It is only in the short >>>> > term that we benefit from closed systems. >>>> >>>> I applaud Apple's attempt to keep their platform pure, same as with >>>> MSFT. There are good reasons for doing it. >>>> >>>> The issue at hand, however, is misguided IP law. There should be no >>>> penalty for selling modded equipment. If you bought it, it's yours, >>>> and you should be able to do with it as you will, including >>>> modifying it and selling it. If Apple/Microsoft refuses to support >>>> it thereafter, well, that's their call. >>>> >>>> Companies that try to enforce that will lose, eventually, though. >>>> >>>> Kurt >>>> >>>> ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ >>>> ~ <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/>яя ~ >>> >>> >>> ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ ~ >>> <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/яяВ ~ >> >> ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ ~ >> <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~ >> >> >> ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ ~ >> <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~ > > ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ ~ > <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~ > > > > > ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ ~ > <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~ > > ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ ~ <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~ ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ ~ <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~
