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XBox Modder Arrested for Breaking Copyright Law

XBox Modder Arrested for Breaking Copyright Law

Photo: tomasland/Flickr

Jason Mick/DailyTech

August 06, 2009

Learning soldering, tweaking hardware, uploading new firmware — these sound like the wholesome kind of extracurricular activities you might run across at an electronics club or robotics league.  However, they landed one young college student on the wrong side of the law.

Like millions in the U.S. and abroad, Matthew Lloyd Crippen, a 27 year old resident of Anaheim and Cal State student, modified his video game console using widely available mod chips and bootleg firmware.  Unlike many, though, Mr. Crippen was busted — by federal agents, nonetheless.

A year long investigations ended Monday with U.S. Immigration and Customs Enforcement (ICE) agents taking Mr. Crippen into custody.  The investigation began with a tip from the Entertainment Software Association, which likely caught caught wind of Mr. Crippen’s hobbies via watching message boards, or perhaps by tracking mod chip shipments.

The investigation end with the arrest and Mr. Crippen being arraigned on two charges stemming from violations of the Digital Millennium Copyright Act (DCMA).  He has been charged with two counts of modifying for personal financial gain technology affecting control or access to a copyrighted work, two charges that carry a potential prison time of 5 years a piece — for a total of 10 years if he is convicted on all charges.

Robert Schoch, special agent in charge of the ICE investigations office in Los Angeles had little sympathy for the young lawbreaker, stating, “Playing with games in this way is not a game — it is criminal.  Piracy, counterfeiting and other intellectual property rights violations not only cost U.S. businesses jobs and billions of dollars a year in lost revenue, they can also pose significant health and safety risks to consumers.”

According to Mr. Schoch 750,000 Americans lose their jobs a year due to piracy and $250B USD of the U.S. economy is lost.  Mr. Crippen played a small part in that loss — a raid of his apartment in May revealed 12 pirated Xbox, Wii, and Playstation game consoles.  It is believed that Mr. Crippen was selling the modded consoles for a small profit.  That small part may earn him some big prison time and fines, though, and will likely end his dreams of getting his college degree.

While Mr. Crippen may have been aiding software piracy, the extreme penalties the charges carry and the fact that he is not being charged for pirating software, but rather for merely modifying hardware he legally purchased seems highly questionable. 

One thing’s for sure, though — with Apple urging the U.S. government to outlaw iPhone unlocking as a potential terrorist act, with the RIAA scoring a jury verdict of $1.92M USD in damages against a filesharer, and with the EFF and ACLU unsuccessful thus far in halting such actions, it appears that the U.S. government and industry officials are more ready than ever to resort to extreme punishments to curb tech crime.  And the irony is that across the nation piracy is soaring to new all time highs. © 2009, DailyTech


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  • Photo_user_blank_big

    doomed

    3 months ago

    2 comments

    "I think this sucks ass, I'm a modded xbox1 user and microsoft basically forced me to be, I do this to play games I legally own. Just because you've modded consoles and resell them doesn't make it illegal I believe. I mean it's like Ford suing people who drive thier cars by modifying the engine for resale, (look out pimp my ride the car manufacturers are coming for you) I modded my xbox for anumber of legal reasons. 1, as mo0st know the DVD drives are shitful, so the only way I can play games I spent hundreds of dollars on is off the hard drive, so I had to back up my entire collection to a PC drive (a monumental effort considering how screwed the DVD drive. my only other option was to contact Microsoft, send away my xbox for possibly 6 months, get a new drive and be charged $200, and at the time that was a little less than a new xbox was) ther reason I really find this BS, is because they mention the modded consoles, I do not see anywhere about this guy pirating softwatre, it'd be diffetrent if they said "We found 500 burnt copies of Mirror's Edge to be sold" I mean by this logic should all computer owners be arrested? As 99% of us have an addon device, most like DVD and Blu-Ray burners? So doesn't that make us criminals as we can potentially burn games and movies? Isn't every computer technician who pgrades people computers and charge them for it as guilty as this guy then? Sorry as long as I am paying for something I'll do whatever I damn well please with it. After all it is MY property. What next? arresting ebayers and garage salers for on selling goods for a profit? Lost jobs? HA! Maybe if the CEO's of these companies earnt a realistic pay (I mean who really needs millions a year to live on?) and didn't take golden handshakes when the company goes to shit and they "retire" with millions, we wouldn't have this problem. Maybe if games were reduced in price also, I mean If you could buy a new release"offical" game for about the same as a movie instead of Paying $100AU people would be more inclined to stay legal, and as they'd sell more, they'd make the same money if not more, and piracy wouldn't be viable anymore. The industry needs to take responsibility for their own doings, as they are the ones who have created this situation.Shit, 10 years for modding a "toy" damn get people do less time for raping or wiping out a family while drink driving. Mental world we live in, and America is just gonna keep getting worse, and now my countries slowly following suit. But hey, what do we expect from a country that rewards you with millions for being to retarded to realiseafter all your life drinking it, that coffee may be hot and could scold you."

  • Blue2_max50

    Heathercicle

    3 months ago

    10 comments

    They claim that jobs are lost because of piracy but don't take into consideration that the company CEOs that make a couple hundred thousand a year couldn't take even a small pay cut to give back to the employees who are doing the real work... Sitting behind a desk all day doesn't create microchips in a factory, etc.

  • Spawn_001_max50

    jimmyshade

    3 months ago

    20 comments

    The real issue here is not that he modded his XBox but he modded several and was selling them already modded and was doing so for personal financial gain. Granted I personally think buying a product then modding it for additional functionality and then reselling it is a far cry from being an illegal activity unless your not paying your taxes. I don't see how this is pirating software unless he was preloading the modded systems with loads of games that were ripped from file sharing services. It all sounds like BS to me. Of course why not go after the companies that are selling the tools for modding and the software for interfacing with the copyrighted code. Still it all sounds like a big steaming pile of BS.

  • Photo_user_blank_big

    dabear2u

    3 months ago

    8 comments

    This needs to be broadcast to the net and tied to Obama and Biden. They are so in bed with the RIAA and MPAA, that I bet this is just the beginning. It isn't big brother, but rather BIG BRO and Little Joe. I find it hard that any jobs are lost due to hardware moding, I do bet that anything cool and useful is picked up by companies as free R&D. FEDS suck for wasting time on making crims when they should be worried about real problems and dangers.

  • Photo_user_blank_big

    sacalpha1

    3 months ago

    4 comments

    The biggest lawbreakers as it relates to pirating are in China and other Pacific Rim countries. If the US wants to make a dent in the 750,000 jobs lost and the $250B lost, then go after these other countries and stop their pirating of software, hardware, music, and movies.

  • Photo_user_blank_big

    akelley

    3 months ago

    2 comments

    You want to stop Piracy, then don't allow LimeWire to share music for free

  • Photo_user_blank_big

    dmcla79

    3 months ago

    16 comments

    For most of us out there that are hardware junkies, we want more functionality out of the products we purchase. For some they just can't figure out how to do it our selves and would have to find it though people like Mr. Crippen. I know that when I bought my Apple TV and plugged it in and realized I would have to either convert my entire collection to fit their proprietary container or purchase each piece of content from them all over again, or I could "mod" my Apple TV to be more forgiving with what file formats it would accept by adding functionality. Does that mean I am pirating and cutting people out of jobs and revenue? I don't think so. I have spent money on every Movie, TV Show, and Music album I have. I have also purchased each piece of hardware I own legally which means these companies receive their moneys. But with each thing that is purchased they all have something lacking that would require either a new piece of hardware to accomplish what your trying to do or adding the functionality to it.

  • B_max50

    Bootlegger

    3 months ago

    166 comments

    Modding hardware should not be a crime in and of itself, the actual act and possession of pirated software should be required to be proven for charges of piracy to be valid.

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