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Reader Comments (58)

Posted: Aug 13th 2007 12:13PM (Unverified) said

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Maybe if Osama's PS3 were modded, there'd be a bit more urgency to actually find him...
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Posted: Aug 13th 2007 12:32PM Assmar said

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Hah, that reminds me of that re-subbed clip of Hitler being pissed about getting Live banned from Downfall.
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Posted: Aug 13th 2007 12:14PM (Unverified) said

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We
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Posted: Aug 13th 2007 12:16PM (Unverified) said

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How does a mod chip have anything to do with immigration or customs anyway?
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Posted: Aug 13th 2007 1:49PM hvnlysoldr said

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Pirates have no ethics on crossing international boundaries. Also most are sold imported from countries like China or to other countries like Brazil.
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Posted: Aug 13th 2007 12:17PM (Unverified) said

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for the love of...and they wonder why we the little person has no trust and no faith in governments. Its cause if they were an ice cream flavour they would be pralines and dick.
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Posted: Aug 13th 2007 1:25PM Hirsbrunner said

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Not a big fan of pralines. o_0
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Posted: Aug 13th 2007 12:21PM Altairio said

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I guess that whole terrorism threat is over then?
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Posted: Aug 13th 2007 12:26PM Wubbytoes said

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They are supposed to be enforcing the law, and that is what they are doing. I normally like what McCauley has to say, but this is ridiculous.
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Posted: Aug 13th 2007 12:34PM (Unverified) said

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I have to agree with you on that one. I mean, it's not like they're going to send the DHS suits over to Afghanistan to track OBL down, anyway. And I'm sure that local law enforcement was used to supplement the DHS guys on these raids anyway. This is just a little over the top for my tastes.

Though the mental image of Bin Laden playing Wii Tennis is an enjoyable one.
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Posted: Aug 13th 2007 12:40PM Altairio said

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The DHS covers domestic terrorism, natural disasters and immigration. Just like the Department of Defense handles military action, the FBI handles federal crimes, and the CIA handles counter-intelligence. Law enforcement is mostly a police or FBI matter.
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Posted: Aug 13th 2007 12:38PM (Unverified) said

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Cracking down on mod chip distributors is every bit as irrational as Tommy Chong getting busted for selling, not marijuana, but marijuana paraphernalia. That's right, he got busted for selling glass bottles. Glass bottles that could be used for smoking pot, hence why what he did was EVIL.

We have iPods and other such mp3 players that play digital music files. How are people obtaining this music? Why, they are downloading tunes and ripping CDs! Since these devices allow people the ABILITY to play music that has been obtained through POSSIBLE breaking of the DMCA, why aren't they illegal? Oh! That's right! Because these devices are backed by multi-billion dollar corporations instead of being sold out of Joe Blow's garage!
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Posted: Aug 13th 2007 12:49PM (Unverified) said

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The found resin in his glass. Get your info right. He sold a used one that still had resin in it.

I'm against big government just as much as any libertarian, but mod chipping is highly illegal, and the government is required to try their best to protect the assets of all of their citizens. Including, but not limited to, big "evil" companies. I like the people defending the cause of mod chipping in this topic as well.

To OP: So what you are saying, is that every single person who worked with local law enforcement to do these raids (which is obviously in the scope of their job description since they DID IT), would be better used elsewhere? Why not then the guy who cuts hair for the military being sent off to fight in some area? Why not the intelligence agent that is trying to crush a drug dealer, he should redirect all of his mental powers to terrorism?

If we redirected EVERY SINGLE RESOURCE we possibly could towards counter-terrorism, despite the fact that those organizations have more than just counter-terrorism as their job, we would deteriorate as a country. What you ask for, is unrealistic.
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Posted: Aug 13th 2007 1:09PM (Unverified) said

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mod chipping isn't "highly illegal". Its a device that could possibly be used to circumvent copyright.. its not really up there with murder or assualt (or even speeding).

Still, the entertainment companies seem to have done a reasonable job in convincing people that its some sort of evil threat to life as we know it.

Interestingly, in the EU, and based on identical legislation, judges in italy and spain have ruled them legal, and judges in the uk have ruled them illegal.

But HIGHLY?? lol.
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Posted: Aug 13th 2007 1:11PM (Unverified) said

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Well, I would love to see that article. I did a quick search and every news piece on the subject that turned up said that Tommy Chong took the fall for his son's business and that the arrest was part of a nationwide crackdown called "Operation Pipe Dream." Where this "Oh! They found resin in his glass and that's why he was busted!" comes from, I don't know. The only places I found that nonsense was through message boards and blogs.

Anyway, modchips are only illegal if they circumvent digital rights management technologies. Even at that, it still doesn't help to explain the double standard in which modded consoles are illegal but, for example, CD-ripping software is not.
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Posted: Aug 13th 2007 1:39PM Porksta said

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Get your info right. ICE made the raids, and ICE is responsible for the security of our economy and infrastructure. As far as I am concerned, searching for mod chips that were made ILLEGAL by the DMCA is well withing their boundaries. If you do not like it when the government does their job, thenm write your Congressman instead of wasting my time and bitching about it here.
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Posted: Aug 13th 2007 1:51PM (Unverified) said

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Let's try reading again:

"Anyway, modchips are only illegal if they circumvent digital rights management technologies. Even at that, it still doesn't help to explain the double standard in which modded consoles are illegal but, for example, CD-ripping software is not."
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Posted: Aug 13th 2007 2:01PM Porksta said

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The DMCA criminalizes devices that circumvent ways to control copyrighted items. So since mod chips allow you to circumvent these controls, they are illegal. Any questions?

CD ripping software is legal because there are legal uses for it. Mod chips have no legal uses. They have two uses:

1. Playing ROMS and other devices where purchase of a game is not needed.
2. Avoiding the region encoding on games.

Both of these uses are illegal, so mod chips have no legal usage.
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Posted: Aug 13th 2007 2:06PM (Unverified) said

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You must work for the government! Can I have your autograph?

Mod chips can also be used to dump data, backup software, and run homebrew. Last time I checked, those were all legal activities. You lose.
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Posted: Aug 13th 2007 2:29PM Vidikron said

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@Porksta

Technically, the chips don't bypass the copy protection. It's the BIOS/Firmware loaded on the chips. There are quite a few people load BIOS' on chips that are incapable of loading copied games and merely allow Linux to be run. Then there are some people that do use BIOS' that circumvent copy protection, but only use them for things like homebrew and XBMC. Now, clearly, most people likely do play priated games, but there ARE many that do not. So how can you logically conclude that mod chips should be illegal and that the people that install them should be arrested?

I'm fine with the gov't cracking down on groups that release games on the web or people downloading them, but to go after modchips and mod chip installers is nothing short of asinine... as is defending such actions.
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Posted: Aug 14th 2007 8:29AM (Unverified) said

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How is avoiding region coding illegal? Seriously, I'm interested to know.

I know console makers and dvd consortiums WANT people to avoid region coding.. but if i buy a game from another country, and then find a method to play it, I don't see what law that could possibly be breaking.

Everyone I know has a region free DVD player.. are they breaking the law by buying dvds bought abroad?

If so, i'd better let my parents and grandparents know they are higly illegal criminals, and to expect a visit from the cops.

---

but even if, by some cooked-up law, avoiding regio coding is illegal.. thats not the only reason for mod chips. I used my xbox mod chip for almost entirely one purpose.. homebrew. Namely the web browser and the media center... but also a few homebrew games and other cool utilities.
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Posted: Aug 13th 2007 12:52PM DWells55 said

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Cracking down on the illegal sale and distribution of pirated games is 100% fine by me. But cracking down on mod chips themselves is something I disapprove of. I've been considering modding my Wii and 360 for the sake of legitimate backups of my own games. Why? I have a younger brother in my house I share my consoles with. However, he absolutely can't be trusted to handle a game properly. As it stands right now, every time he wants to play a game, I have to be the one to remove the current game from the console and replace it with a new one so nothing gets damaged.

Consumers deserve the right to have backups of their property, especially when that property is data on a reasonably fragile medium. Unless manufacturers want to allow us to run backups, it shouldn't be illegal for me to modify hardware I purchased with a chip I purchased to play copies of games I purchased burned onto blank discs I purchased with a burner that I purchased. This is my hardware - let me do with it what I will whether that be homebrew or backups.
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Posted: Aug 13th 2007 2:25PM (Unverified) said

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Thank you DWells55,

The fact that we are regulated to one fragile copy of what we legitimately purchase is what makes DRM downright ridiculous. It acts much like a "planned obsolescence" of your media. You have no recourse when a disc is damaged - and you must buy it again.
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Posted: Aug 13th 2007 1:03PM radicoon said

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A-freaking-men
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Posted: Aug 13th 2007 1:06PM (Unverified) said

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They are supposed to be enforcing the law, and that is what they are doing. I normally like what McCauley has to say, but this is ridiculous.

It's perfectly reasonable to enforce the laws, but this isn't a Homeland Security issue, nor an Immigration or Customs issue. FBI maybe. Department of Commerce definitely.
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Posted: Aug 13th 2007 1:11PM (Unverified) said

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its a law driven by FUD, misinformation and lots of senators getting nice donations.

Its like taking Navy Seals out of iraq and putting them undercover in walmart to stop shoplifting.
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Posted: Aug 13th 2007 1:08PM MikeJett said

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So here's my opinion. The Department of Homeland security was originaly set up to stop "terrorism" ... maybe ... but in the years since its forming the organization has grown in power and budget and is becoming a big brother type organization. Recently though there has been less and less "terrorist" activity for HLS to watch after so instead the funding gets diverted to new operations within HLS such as those to find mod chips, hydroponic grow operations and who knows what else. Basically- they want to keep getting a bigger budget so they're going to make up new problems for HLS to solve. homeland security ... i mean it even sounds creepy .... i worry for the day when the United States is seen as the Natzi Germany of our time.
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Posted: Aug 13th 2007 1:15PM (Unverified) said

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I like this quote:

"Illicit devices like the ones targeted today are created with one purpose in mind, subverting copyright protections," said Julie L. Myers, assistant secretary of Homeland Security for ICE in a statement.

Now that is a blatant LIE. Are these guys subject to any kind of requirement not to perjure themselves?

My xbox was modded for years, and i never played anything on it that i didn't own.

Circumventing copyright may be ONE of the was they can be used.. but saying its the sole reason for their existence is just dumb. Either the guy is misinformed.. or he's in the pocket of one of the big media companies.
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Posted: Aug 13th 2007 1:39PM (Unverified) said

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Agreed. I'm sure it would be hard ascertain any hard numbers, but it would be interesting to see some poll data that correlates the percentage of modded system owner with how they utilize their systems. Maybe Joystiq could run such a poll.
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Posted: Sep 17th 2007 7:28PM (Unverified) said

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"I'm against big government just as much as any libertarian, but mod chipping is highly illegal,"
No it isnt. SOME of the things that can be done through it is illegal. Chipping itself MIGHT be illegal, as it may be a breach of license, but as it also allows fair use of the merchandise, like making backup copies and the like it might also be considered fully legal.

And please tell, one of the more common reasons for chipping is to be able to play games from other regions, exactly what relation to national security does that have?
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Posted: Aug 13th 2007 1:30PM Jamar said

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I'm really getting to be just a little scared of the US. I mean, modchips aren't illegal, what's Customs/Immigration officers doing raiding people's homes for modchips instead of dealing with... illegal immigrants? If it ever becomes illegal to use modchips in the States, then... I hope it doesn't come to that.
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Posted: Aug 13th 2007 1:41PM Porksta said

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But modchips are illegal, so what's your point??
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Posted: Aug 13th 2007 1:33PM (Unverified) said

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A lot of valid points made here that I don't need to reiterate. The thing is, this sort of de facto law enforcement, "just because it's on the books", happens with frustrating regularity. A documentary just aired on PBS which shows how Native American reservations are being raided by government agents because they're growing industrial hemp--which is similar to marijuana, except can't get a you stoned! Come on Uncle Sam, grow a brain. There are laws that are good and show be enforced. And there are laws that at bad and need to be changed. Then there are those gray-area laws that need to be refined and definitely shouldn't be pursued so gung-ho by agencies that have more critical purposes. We need to take the DHS to task for this tomfoolery. That settles it, I think I'll be calling my Senator today.
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Posted: Aug 13th 2007 1:50PM hvnlysoldr said

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Pirates wore eye patches for night vision.
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Posted: Aug 13th 2007 8:02PM DonaldMick said

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Arrr, matey.
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Posted: Aug 13th 2007 1:51PM (Unverified) said

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Man so the government is cracking down on the latest Night vision technology. I mean if the terrorists were to get a hold on all those pirate eye patches they could really mess us up.
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Posted: Aug 13th 2007 2:00PM masterinsan0 said

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Obviously, those mod-chippers are terrorists. Their illegal modification to their gaming consoles threatens the very freedom we as Americans live and breath.

You know what they say...if you modify your console, the terrorists win.
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Posted: Aug 13th 2007 2:36PM (Unverified) said

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DHS is a freaking joke and whoever the next president is should dissolve the whole thing or severely slash its funding. It's done no good since its inception.
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Posted: Aug 13th 2007 2:45PM (Unverified) said

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It is a fallacy to say that because one issue has not been reolved (Bin Laden and Al Quaeda) that law enforcement should ignore other issues until it is settled. By that reasoning, no agency of Homeland Security should prosecute anything not related to terrorism until terrorism is eliminated. Nonsense. You guys act like a small operation like this (and in the big picture of things, this was a small operation -- any idea ow big these agencies really are?)is somehow getting int he way of all the other stuff they do. Believe me, this was a blip on the radar. The government isn't supposed to decide which laws to enforce -- and like it or not, the DCMA is a law. If you don't like it get off your easyboys, turn off the games, and get your asses out to campaign for a change -- and vote. In the meantime, don't bitch about an agency doing its job.
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Posted: Aug 13th 2007 3:34PM (Unverified) said

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Unfortunately for you, we can and will "bitch" about an agency doing its job because we are both entitled and encouraged to do so because of a little thing called the Bill of Rights. Whether or not we actually "do" anything about it is irrelevant. You seem to think that unless we go out and try to change things that we aren't allowed to voice complaints or to challenge others' claims. I thought that's what "debate" was.
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Posted: Aug 13th 2007 3:10PM (Unverified) said

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If I could spin as fast as this article I could probably lick the back of me head.

First off, the DoHS has nothing to do with tracking down Obama bin Laden. Their job is keeping our shores safe from terrorist attacks, which if the last 6 six years are any indication they have been doing a damn fine job so far.

I don't even really think you have your story straight. For any law enforcement to perform a sting of the degree you described these people had to be major peddlers of mod chips, which if that is the case they get what they deserve. It is an illegal activity, but what do you guys care? You complain about your rights being infringed, but only want to follow the laws that are convenient.
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Posted: Aug 13th 2007 3:49PM Altairio said

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I've been wearing magic underwear that keeps me from dying in car crashes since I was 5. I haven't died in a car crash yet, so they are obviously doing a heckuva job.
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Posted: Aug 13th 2007 4:20PM Captain Obvious said

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Dude, you just admitted to wearing the same pair of underwear since you were five. That's pretty gnarly.
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Posted: Aug 13th 2007 4:58PM Altairio said

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Ah snap.
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Posted: Aug 13th 2007 8:27PM (Unverified) said

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But the people in the other cars arn't idelogical fanatics that are willing to die for even a chance to harm you.

The other drivers haven't purposely ran their car into yours in the past.

The other drivers don't live their whole life looking for any vulnerability in your security to conduct an attack.

You don't see the cops on the news handcuffing those other drivers and taking them to jail because another attempt to crash into your car was foiled.

You can although, drive safely on the road because someone is doing their damn job.
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Posted: Aug 13th 2007 5:03PM Altairio said

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I think if you look up you can see my point flying over your head.
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Posted: Aug 13th 2007 8:27PM (Unverified) said

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No, I got the point. You are saying that just because something hasn't happend yet doesn't mean that the DoHS are doing anything at all.

If you have watched the news in the last 6 years you would know what a load of bull that is. Al-Qai'da has come out numerous times with intentions to attack US targets, and there has been more than one sting operation in England that was backed with intelligence from the US.
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Posted: Aug 13th 2007 10:22PM Altairio said

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I had intentions to work out today.
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Posted: Aug 13th 2007 5:18PM (Unverified) said

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The supporters of the raid are missing one important point here: Homeland security does not have infinite resources. So while ICE spent months to prepare for these sort of operations and bust some modders who probably make a few hundred bucks a month modding, it could go after much larger criminals such as half of the construction industry which employ illegal immigrants.
The only reason why these raids happened is because game companies spent a great amount of $$$ lobbying the government into wasting a lot more of tax payers money.
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Posted: Aug 13th 2007 5:20PM (Unverified) said

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Don't know where to add this comment but so often we speak of homebrew and back-up copies own games as being legal reasons for mod chips.

To my understanding though unlincensed software and any type of back copy of console games is illegal, at least as US laws stand today. These uses should not be illegal but I think they are. Anybody know specifc legality of these uses (not just hearsay and opinions)
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