Reply To: We should all say thanks to c4eva!

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hypnodx # Posted on 2011-11-14 at 07:47PM UTC

@phrizz There are a few problems with your argument. The following only applies in the US, as I am unfamiliar with the laws of other countries.

1. He could be sued anyways, he doesn’t necessarily need to make a profit to be sued.
2. Sony v. Universal allowed for devices that make legal copies (remember betamax? lol) of products you own to be sold as long as they have legimate uses.
3. The DMCA does ban circumventing of digital protection measures, however, this is a legal gray area. Congress has already allowed for users to unlock their own cell-phones as an exeption to the DMCA, xbox mods may likely fall under a similar exception.
4. Microsoft, so far, has been unwilling to sue people who have been modding for legal purposes.
5. The only case that i am aware of is where the department of homeland security instigated a sting on some college kid (Michael Crippen, if you want to look it up) for getting paid to mod other peoples’ xbox. That case was dropped by the justice department due to some mistakes on their part, and never picked up again. Nor did microsoft file a civil suit to set an example, even though the kid was charging to mod x-boxes.
6. Team xecuter and others have already been selling mod chips, mod tools, etc. without any legal consequences.

  • This reply was modified 2864 days ago by avatar hypnodx.