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RCMP Arrests Man For Modifying Game Console

The RCMP has arrested a Quebec man after a seizure uncovered hundreds of counterfeit video games.  The RCMP release states that "modifying a console and computer is considered an illegal act under Section 342.1 of the Criminal Code and is punishable by imprisonment for up to ten years."

40 Comments

  1. David Collier-Brown says:

    342.1 is “unauthorized use of computer”
    and prohibits fraudulent use of a computer, interception of communication or theft of passwords.

    –dave

  2. paragraph (c)
    Probably they are hoping to use paragraph (c):

    (c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or an offence under section 430 in relation to data or a computer system, or

    Although, now that I read it again, (c) seems to only apply for the specific offenses in (a) or (b):

    (a) obtains, directly or indirectly, any computer service,
    (b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system,

    neither of which my (IANAL) reading seems to indicate.

    In any case, it seems to me that they can deal with this guy without having to contort a portion of law that arguably was not intended to be used how they are using it. Maybe they won’t get the 10 years that this particular charge will get them, if they can convince a court of it.

  3. 342.1 (1) Every one who, fraudulently and without colour of right,
    (a) obtains, directly or indirectly, any computer service,
    (b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system,
    (c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b)
    or an offence under section 430 in relation to data or a computer system, or (d) uses, possesses, traffics in or permits another
    person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction

    So now they are claiming b? Maybe there are facts missing?

  4. Not cynical or anything says:

    The day I take legal advice from a cop is probably also the day I wind up in jail.

  5. Russell McOrmond says:

    What computer was I using without authorization?
    Whose computer was it? Mine. Did you give yourself authorization to use it? Yes.

    What illegal thing were you accused of doing with your own computer? Civil copyright infringement.

    *sigh*

  6. Patrick Rieux says:

    Applying this logic
    Applying this presupposition to real life could give us results such as:

    1. a person can’t modify their vehicle, including police vehicles, some RVs, and any pimping of your ride.

    2. development of electronic devices need to be initiate from scratch and produced without interim modifications

    3. extension to your home, any renovations, or repairs are illegal

    4. PCI cards and the whole idea of owning what you’ve bought is a thing of the past

    5. learning by tinkering is now an offence

  7. I want warning labels
    In light of this I hope sellers of computer parts like hard drives and video cards will start putting warning signs on the shelf stating that purchasing and installing a hard drive in your computer could result in a 10 year prison term.

  8. Damn him. Obviously he was modifying other peoples systems without their consent. Yeah that it. He broke into their houses in the middle of the night modified their systems all the while cackling like a mad man as he thought about how his evil plans were helping organized crime and the terrorists.

  9. “Modifying a console and computer is considered an illegal act under Section 342.1 of the Criminal Code and is punishable by imprisonment for up to ten years.”
    See you assume you own the console, but it was licensed to you…so he needs nintendos/ms’s/or sony’s authorization to modify it.

  10. Its game over
    I find out Maven dies because an overdose now this. The gap between our generations keeps getting bigger. How long until theres a Weather Underground 2.0 that will take on the MPAA/RIAA/ESA. I don’t want to live in a society where sharing and learning is illegal. You shouldn’t want to live in a society where almost everyone under 30 believes that social change can’t happen outside of a catastrophic event. At least logic starting to take over in the younger generation, TV numbed everyone else.

  11. truenorthern says:

    “hundreds of counterfeit video games”
    c’mon people read the release he was openly selling copies of video games,…
    he was not just tinkering on his own system.

  12. Chukwuyere says:

    Sustaining a conviction under this section
    Assuming the Quebec suspect intended to sell the modified console, for the RMPC to sustain a conviction under this section, me thinks that from the facts here, the relevant portion of this section is “(b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system,”the question then becomes will the modification of these computer consoles affect its function

  13. Previous Cases and their outcomes. says:

    From my own experience being taken thru the courts as a “hacker”
    From discussions about this with my lawyer, and reading the outcomes from previous cases, this “section 342.1” has been used before when trying to attack people “modding” consoles.

    So far no one has ever served jail time on this charge, as it normally gets dropped once a year of court dates pass, and the criminals get serve time or probation on their fraud or counterfeit charges with having burned media.

    This charge is normally applied on cases where the person has been going to big-box stores, buying video game consoles, opening the box, modding the consoles, and then reboxing the unit to make it look new, and then selling it in the sealed box as a PRE-MODDED console on internet, their own website, or printed ads.

    I don’t know of any cases were someone has ever been charged with modding their own personal machine they use at home, or they personally bring to a repair shop that opens it in front of them and mods it.

  14. Not about the system
    As I understand it, this isn’t about the console at all. That just make it juicier to the public.
    This is exactly the same as some guy selling bootleg DVDs on the street corner. THAT is what’s busting him. He doesnt even have to own a console to be selling the games.

    NOTabout hacking his system. If the court makes it about the system hacking, this guy has no worries.

  15. chuckwuyere:

    Your forgetting the part that comes before that: “342.1 (1) Every one who, fraudulently and without colour of right, ”

    So again either he was modifying other peoples systems without their consent or ms/nintendo/sony own the systems and he mearly leased them or thye are wrong or ?.

    truenorthern:
    yes he appears to have been commiting commercial copyright infringment,he does not appear to have commited a crime under 342.1 or at least not that I can see, or see above.

  16. I suspect
    it is 342.1, sub-para c), which, when you follow through to section 430, para 1.1…

    Thing is, one of the reasons this is done is to get around copy protection schemes or to play “backups” of a game that the person owns.

  17. Anon-K
    And how does modifying a console do any of the follwong?:

    430 (1.1) Every one commits mischief who wilfully
    (a) destroys or alters data;
    (b) renders data meaningless, useless or ineffective;
    (c) obstructs, interrupts or interferes with the lawful use of data; or
    (d) obstructs, interrupts or interferes with any person in the lawful use of data or denies access to data to any person who is entitled to access thereto.

    After thinking about it for a bit It may be his intent. Since he was doint it to make money selling pirated games and NOT or backup purposes, he he looses “without the colour of right” part of: “342.1 (1) Every one who, fraudulently and without colour of right,”;

  18. The use of modified consoles is legit; selling burned games on the other hand, is a shady business. I disagree with the prospect that this man can be charged for modifying game consoles. That is ridiculous and numerous analogies (as other commenters have pointed out e.g. pimp my ride) make it a moot point. I have several modified consoles, are they going to break down my door because I disliked the capabilities of the default firmware that sony gave me with my psp or ps2? As I said ridiculous. I hope this guy wins for everyones sake.

  19. The Horror says:

    Quebec Economic Terrorists
    LOL
    Quebec bans the selling of console games and console hardware REGULARLY if the french version is not included for sale. This is also true for computer hardware and software.

    Quebec better start building prisons to hold all the people who downloaded banned copies of console games and other english only titles that were/are banned in Quebec. Even Dell Computers can’t sell certain hardware in Quebec!

    Per the RCMP puff piece: The RCMP takes this opportunity to promote public awareness of the scourge of counterfeiting.

    Busted for the “economic crime” of downloading banned games?

    The RCMP better double-check the titles… Maybe the OLF can charge him for having banned English titles not on sale in Quebec 😉

    If something isn’t even sold in your province, how TF can it be an “economic crime” in your province?

    Tell me.

  20. Robert Smits says:

    Charges should be tossed in relation to 342
    Unless he tried to pass off modified systems as unmodified systems how is it a crime to modify something you, yourself, own? The RCMP obviously has someone writing press releases that doesn’t know the law.

    It’s also an obvious danger to everyone else.

  21. Chukwuyere says:

    @anon
    From the facts of this case, it is already assumed that the Quebec suspect lacked the necessary authorization, I still stand by my earlier argument, the relevant portion of this statute still remains section 321.1 (b), for this conviction to succeed, it must be proved that the modification really affected the function of the console

  22. Who owns the console?
    Nobody can deny that it sounds like this guy was committing copyright infringement on a large scale for commercial gain. If that is defined as a crime, and he did commit these acts, then he’s guilty. Otherwise, it’s a civil offense for which he should be sued.

    That being said, there is nothing illegal about modifying game console that you own. You can even sell them again, and there is nothing wrong with that. If the only purpose of the modification is to enable copyright infringement, then perhaps you have them on something like inducement to commit infringement or something similar. However, many of these modifications have many possible legitimate uses beyond copyright infringement.

    I’m very tired of this idea that you don’t get to take things apart that you own, change them, and put them back together. There’s absolutely nothing wrong with that. You can even sell them again, and no-one gets to sue you or press charges for it. I work for a Canadian company that specializes in reverse engineering, and our entire industry would be in some serious trouble if this stuff were true.

  23. I think the term “modify” needs to be redefined. Leave it up to the crock of cow tippers in Ottawa, and the RCMP (trying to look like a federal police force) to completely come out with a “Benny Hill” conviction. Agreed that if he was doing this for commercial sale, there should be punishment, but I can see the tech community up in arms about this modification term being thrown in there. This basically makes 90% of Canadians criminals for modifying or upgrading consoles and computers. What a crock.

  24. @Jeff M
    It ain’t game over yet. We are in the middle of a digital revolution here in fact we have been for the past 10 years. The fact remains that there are more of us then their are of them. A lot of “them” don’t hold the public opinion with respect to their side of the debate. We WILL have a society where sharing and learning online is legal. It’s just a matter of time. The boomers are old and cynical, they have forgotten what it means to fight and protect values in which they fought for so hard in the 60’s, only to piss those away when a Minister like Clement is offered a big fat envelope of cash by those who don’t have the competitive edge anymore.

    The best thing to do, is to make sure 100% that all those involved in this revolution get the word out, make it an election issue, and VOTE! The next election will probably have a low turnout rate, so lets make those that do vote, vote on the issues that our generation cares about. Kick Clement and his band of cow tippers back into those retirement and trailer park riding’s.

  25. Chukwuyere says:

    @Abbatoir,
    I beg to differ on your view, modifying a game console for your own personal use would be excused under the doctrine of fair dealing, but modifying on a large scale for commercialization seems to be copyright infringement (we have to assume that the game consoles are protected under the Canadian copyright law) and this obviously runs afoul of this doctrine as intended by the Canadian copyright law

  26. Delicious Bacon says:

    what. a. joke.
    It is NOT illegal to modify a computer or console under Canadian law. What you do with it afterwards may be illegal however.

  27. @anon
    While I agree with you in principle, the relevant wording is the use of the term “data”. Section 342 para 1, subpara 2 defines it so broad that a computer program qualifies as data:

    “data” means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer system;

    Since the modding affects the program on the device, he could be found, within the letter of the law, guilty. As others have pointed out, chances are they would not have arrested him simply for that; while the RCMP release indicates that he was selling the copied games, there was no indication of him selling the modding information in the release. Now, given the fact that has was selling the copied games, one could view the modded console as a means to verify that the copy was usable prior to shipping (quality assurance), thus it would be a part of the commercial copying operation, or at least facilitate it. This bit is purely speculation on my part.

  28. @The Horror and his Quebec bashing stupidity…
    I would ask you to stop spreading lies, misinformation and most importantly bashing my self and people like me that lives in Quebec and wants Quebec’s business to be in french(wich btw, is one of the 2 langages of Canada and is the main langage in Quebec).

    Now that’s out of the way let me tell you Mr. Horror about where you’re wrong…

    It is NOT illegal to sell english software in Quebec, it is however illegal to not offer a french version also. Same with hardware. Why I rarely play french version of a game because translation usually sucks(same with movies).

    Note: Games on the Steam platform are legal because they have a french version. Buying the US version of WoW is legal because there’s also a french version available. Most games today comes with at least 2 langages on it, same with DvD and Blueray movies…

    Casepoint, stop spreading hate…

    PS: If the RCMP arrested the man just because he modded is console, then the RCMP is in the wrong since the customers OWNS the hardware, the software is another mater, if he pirated software, then the man is in the wrong, but the headline is still rather idiotic… there is no law to prevent modding computers/game consoles…

    PPS: Funny, Captcha is tombing the… that could be followed by hate…

  29. Long Dong Silver says:

    XBLive fraudulent use
    It certainly seems within the letter of the law to say that connecting to Xbox Live with a modified console would be “fraudulently, and without colour of right, any computer service”, because of the Xbox Live user agreements. It would be entertaining if Microsoft were to pursue criminal charges rather than banning consoles. Obtaining the computer service provided by software on a burned disc could also be construed as fraudulent if there were no original copy around to be able to demonstrate fair use.

    There are enough violations in the Criminal Code that probably 90 per cent of Canadians could be charged with an indictable offence on any given day. They seized “material used to modify consoles”. Sweet – the same charge could be brought against anyone with screwdrivers and SATA cables.

    That charges are rarely brought indiscriminately doesn’t really matter – the means are codified so that for any reason they could be.

    This dude was selling stuff he didn’t own and someone at some police force decided to go arrest him and charge him with that. Seems reasonable. Do that, and exactly that. Ditch the Microsoft-bought saber-rattling and false charges. Next time you see an officer thank them for not shooting you. There is almost certainly a “reasonable inference” they could make to justify it. http://www.youtube.com/watch?v=s9QFNfVT2DI

  30. The Horror says:

    @Anonyme
    @Anonyme
    lol Guess what, I live in Quebec.

    Guess what? I drove to Ontario to buy Rockband last Christmas for a family member because it wasn’t on sale for the Xbox here.

    Guess what? I downloaded the english version for myself because it wasn’t on sale here and I wasn’t going to drive back to Ontario again.

    Guess what? I ordered a Dell system to an address in Ontario because Dell Canada won’t sell or ship certain thing to Quebec.

    Guess what, english people live in Quebec as well.

    Guess what, there was no hate. Learn what hate is before you start spreading it buster.

    Guess what, what you said is what I said!

    What you said: “It is NOT illegal to sell english software in Quebec, it is however illegal to not offer a french version also.”

    What I said: “Quebec bans the selling of console games and console hardware REGULARLY if the french version is not included for sale.”.

    I’m sorry, what did you say? What part did you not comprehend in your blindness?

    As stated above, the RCMP should check the titles they confiscated i’m pretty sure they will find some that were not even on sale in Quebec (or weren’t at the time of download). It is one of the reasons people download these games and mod their boxes.

    As an example: The rage with kids was these rockband or guitar-hero games for their console. ALL of QUEBEC was out of luck at Christmas 2008 (when it was released), because it was banned, if they didn’t drive to Ontario for a reserved copy like I did to give the kids for Xmas.

    Did I drive there a second time? Did i call and reserve a second copy again? Heck no. Save the gas money and mod, buy the drum kit separately.

    So, Anonyme, don’t tell me what is true or isn’t true. I live it. Keep your BS for yourself.

    So once again the question remains: When something isn’t even on sale in your prov due to laws, how the heck do they (can they) turn you into an economic terrorist like they are painting this guy? I want to know, maudit.

    Should the RCMP be busting people selling these Quebec-banned games on Ebay if they sell them to Quebecers? If not, how fair is that to Dell Canada who can’t sell a refurb to Quebec people?

    Date of the game release versus date it was allowed to be on sale in Quebec needs to be looked at by this guys lawyer. How is something illegal when its banned from sale? What money did this guy prevent from flowing into Quebec coffers? 300 is not reality, especially in the prov of Quebec.

  31. @Long
    I’ve seen law enforcement reprimanded by a judge for bringing charges against someone which are, while technically against the law, a waste of the courts time.

  32. @The Horror
    Guess what? I live in Quebec…

    Guess what? The only think I have to miss out is contest, but I never had a time I could not buy a game in english in Quebec.

    Guess what? Spreading false hood to bash Quebecois because we have laws to make sure that we can at least get services and stuff in french… I dont really care since i’m bilingual(sp?) but some cannot talk english.

    PS: What you saw is rare, verry rare, usually games are available at the same time in Quebec and the rest of Canada.

    PPS: It is illegal to sell stuff with english only manual, or without a french version being sold. However while it is illegal for stores to sell those, it is not illegal to own english only material, therefore neither the RCMP nor the SQ will arrest someone just because some one has english content (if legally owned) if said thing is banned from the stores in Quebec for lack of french version.

  33. he’s guilty
    he was moding the consoles to violate copyright on the games used on the consoles. He modded the consoles and loaded hundred of games onto the systems of other people.

  34. hey RCMP, it’s 2010
    He’s clearly guilty- he’s redistributing copyrighted software- though I doubt he’ll get much more than a fine.. but that’s not the point.

    The RCMP need to realize people don’t ride horses anymore and probably know a lot more about technology than they do. Their weak scare-tactics like, “modifying a console and computer is considered an illegal act” is not only a completely ill-founded interpretation of the criminal code, but is actually somewhat offensive. It assumes people are ignorant and don’t know their rights.

    Clearly it is legal to mod your gaming console just as it is legal to layer it with hello kitty stickers, turn it into a spaceship, or flatten it into the floor with a hammer(of course some of thess might be considered safety hazards). I’m almost certain every computer or electronics company in existence is the product of some sort of hardware tweaking in its origins..

    This mentality of trying to scare the public through spreading ignorance is surely a major factor in breeding hackers and other criminals.

    ..anyway im gonna go calm down

  35. modderqc says:

    House raided on april 27
    On April 27, my house was raided by the RCMP.
    The search warrant issued mentioned Articles 342.1 and 342.2. I have been doing repair works as well as modding services for a while, and advertisezd it on local adds websites. I never, ever sold backups. I was sure my work was quite legal and was not worried After a 4 hours search of my house, they left with my personnal computer, 10 WII modchips and a couple nintendo DS flashcards. I was told all evidences will be submitted to the Crown prosecutor, and a decision will be made if they will prosecute. I want to make myself clear; no BACKUPS were sold here, nor were games included with the DS flashcards. Hoping you understand my situation, these will be the only details given. I am located in the greater Montreal area.

  36. WTH
    Are you kidding me?? FFS if your that bored RCMP why not type weed in google and arrest the people that openly speak about their affiliation with drugs. God its time for our species to smarten I get more and more dissapointed every time I see something stupid like this. Its only because some dudes kid was playing to many video game and he got a hard on to destroy video games.

  37. Daniel Smith says:

    Backup Games are good for the environment
    Read through this, and have to drop my two cents worth in.

    1. People who play “backup” games illegaly probably would never have bought the game in the first place due to their income, or lack of interest in the game in the first place.

    2. Having “backup” games of games you never actually owned, really inspires the person to buy the game if it is good. The problem is there is so much cookie-cutter crap games with zero plot, and zero thought that it is hard to tell from the box and a couple of photoshopped images how good the game is — mostly demos of these games are not available. Renting the game can cost more than the game is to buy in a lot of cases, so download, burn try. I have personally done this, and if I still kept all those crap games, I don’t think I could ever find my floor, or the exit from my house. The games that I enjoyed, I bought!

    3. Just because a system is modded doesn’t mean that the user will be playing burnt games on it 24/7 . For the year that my first x-box premium was modded (on Live! service), i tried 2 burnt games, and they sucked ass. All the other games I got for it were 100% legit, and brand new — a couple of retarded expensive ones like DJHero which now, I am not very happy with as they were supposed to release more music, but instead, they just released DJHero2 … WTH . Screw that! My Xbox Prem was banned by M$ — not for cheating — not for playing burned games on live — simply because the console was modded. So after tears, and whining, I broke down and bought a SECOND Xbox — yup .. more for the Landfills that will never break down — why ? — because I have over $5000 invested in peripheral hardware and games for the stupid thing, and I would be damned it go to waste.

    I thought about PS3, but with no hardware or games for it, and the fact that Sony removed PS2/PS1 support — the game library is so small (couple good games, but again… the rest is complete trash). I decided against and got the Modern Warfare 2 bundle — thats me — go big or go home!

    Modding an XBox opens up a new door for streaming media from your home or business network as many file formats simply will not play.

    So now — here we are — The environment part.

    Microsoft BANS 1 Million X-Box live users — http://www.msnbc.msn.com/id/33866696/ns/technology_and_science-games/

  38. Daniel Smith says:

    Continued
    Does anyone really give a shit about the environment at all ? Do you know how much crap is in an X-Box, and now.. Microsoft just made it so 1 Million of them pretty much end up in the garbage. Sure you can blame the user for having them modded — but seriously.

    Now look at the packaging of the games / consoles. Playing a burnt game to see if it is crap means one less jewel case, and cellophane wrap that ends up in the garbage.

    Don’t get me wrong, I am not a recycling freak. But when this much crap ends up in the landfills unnecessarily — I am appalled. These companies talk about how green they are, and yet, ever since those “green” talks started over a decade ago, packaging has increased. Bubble-wrapped items that you almost can’t even open without a hand-held canon, bags that contain bags which contain wires inside foam inside another bag inside a box which is cellophane wrapped and plastic glazed.

    Now the above isn’t even really going down the rabbit hole of the fact that NO — Microsoft does not OWN my xbox — their license is for use of the Xbox on the LIVE system. If there is no ownership of these devices, then I will simply stop buying them — period ! I refuse to pay hundreds of dollars for a system that I do not own — then thousands upon thousands more for games and peripherals which I don’t own. Although software is licensed, the media is mine, and I can do with it as I choose. You do not see these same companies that develop these games jumping through hoops to replace a scratched or lost disc past 30days from the date of purchase — Yes, it is the users responsibility to ensure the discs do not get scratched — but get friggen real — how many discs do you own that you have had for 10 years (xbox came out in 2002), that have no scratches on them. Any sensible person would backup their shit (your documents, databases, pictures, source code, license keys, installer files, etc) … so why not games ? why not something that cost you more than the drive it is stored in (aka — an xbox game at $60 … you can buy a 1TB HD for $54).

    There are several flaws in this whole “OMG You Backup Your Games!! You dirty PIRATE!!” theme that it’s beyond insanity.

    As a software developer — if someone pirates my shit — thats FREE ADVERTISING! The person who did it — if they really like my game, I would be smart and offer incentives that you can only get from the paid version (like Rock Band with the export license key — can’t get that even from a USED game). So they have an incentive to BUY. If they still don’t buy, then they simply could not afford to. IT’s DIGITAL FFS — ZERO COST! ZERO FOUL! Why force them to pay for something they couldn’t pay for anyway ? I have actually put some of my software out on the pirate market for free download — with a “crack” that I — the developer of that software WROTE!! …. it’s done no harm except bring me more business so I could buy all those expensive games I wanted.

  39. Daniel Smith says:

    Continued
    So when big companies groan and whine about their bottom line — they should really consider this as part of their advertising budget, and further, should not impose draconian law on the general public for doing so. Here are some examples on why the DMCA is wrong from myself and others, and I am sure even some of you on here.

    1. Watching a streaming movie before it comes out — You watched it, then after seeing the lower res, you decided to buy the DVD (when released), or go to the theatre and pay $20++ to watch it on the big screen. (similarily, you stopped the movie in the middle never to watch it again cuz it was a complete waste of time)

    2. After downloading a crappy game or program for PC/Mac/Console, you decided that $30 program wasn’t worth the constant headache, so you purchased it because you liked the program. (similarily, you just stopped using it because it was utter shit and/or fucked with your system)

    3. You bought a shiny new console only to be disappointed that the HD on the box was false advertising, when in fact the console did not come with any HD cable (unlike it’s predecessor) — (look at Modern Warfare 2 Xbox 360 bundle contents and box label versus that of the Xbox 360 Premium bundle contents and box label)

    4. You bought a device that said it would play ANY media, but turned out it wouldn’t support Xvid (supported DivX though), Ogg, Ogm, Flac, RM, Mov, etc.

    These are huge problems with today. Gone are the days of signifant advancement of technology (yes, I know all about intel’s new “Thunderbolt” but really… 10GB … Our hard drives now are slower than ever… SATA claims to be fast, but the media is insanely slow 12-18ms seek time — fuck RPM (Rotations Per Minute — thats only how fast the disc spins, not how fast the heads on the drive can read/write)) — So unless you wanna spend thousands upon thousands buying puny little SCSI or SSD drives — you are fucked. Don’t buy into the hype.

    Anyway, I am done ranting — at least on this topic.

  40. Daniel Smith says:

    Last comment
    Now with regards to mass production of “backup” media — I do not agree with selling copies of other peoples work for profit! However, you see it all over the place in other industries:

    Art: Copies of the Mona Lisa, and other large pricy artwork in the form of “re-prints”
    Clothing & Personal: Often, no-name product comes out in store like WalMart and such where instead of CK, it’s EK, with clothing, perfume/cologne/shampoo, etc.

    So with “backup” games, one might consider the breaking of the encryption, and manufacture/burning of the media a legal service if given the same criteria as the above stated categories.

    An artwork re-print requires a copy of the original and is printed on a new medium the manufacturer purchased.

    A Pair of jeans that looks identical (but lower quality) to a pair of CK’s, was obviously done my taking out the seams of the original and copying the pattern which was then used to cut new material that the EK manufacturer purchased and supplied.

    I am not saying that mass producing “backup” software is okay, but by extension, I am saying that if mass production of “backup” software is NOT okay, then neither shall these other forms of mass duplication/replication that use the same types of strategies to produce. — getting a copy of the original, breaking it down into it’s components without destroying the original object, and duplicating it onto an inferior media for mass production.

    So I would like to see just as much effort that has gone into the digital duplication era, go into these inferior mass producers who have given us the appearance of more product in stores, but really, it now takes hours to sift through all the shit to get to the actual BRAND name version.

    Shut down proctor and gamble wannabes who make shampoo that fucks up my hair.
    Shut down clothing manufacturers whose clothing falls apart just days after buying.
    Shut down reprints of paintings so real artists can thrive again — with real texture on their paintings ON CANVAS.
    Shut down automobile manufacturers who only copy the main brand.

    And while you are at it — Offer them the same treatment that the DMCA offers for everyone involved.

    If you don’t feel that this is right — then stop messing with people who do the same with digital media.

    There has to be balance somewhere, so if copying and reproduction is illegal, then it should be ILLEGAL — NO EXCEPTIONS …. If copying and reproduction is not to be illegal ==== then it should not be illegal — no exceptions.

    If you look at other laws, they are pretty clear: like murder, rape …. there are no exceptions that make it legal. If someone does those and is caught, there are no exceptions provided they have met all the conditions of that charge.

    So why not make it more clear about copyright. The other thing, is any copyright infraction should not be criminal. It is and should remain a civil matter between the corporation and the individual(s) involved.

    The ignorance and inconsistencies in law around the globe are more diverse than the worlds insect population. Perhaps come together and find one set of rules for people to follow — oh — that’s right — they did …. The Bible . That’s pretty clear.

    Ignorance is no excuse of the law — thats great … but now, do you wanna read it to me as a bedtime story ? How about for every country I visit ?

    And what about all the Acts and Bylaws of every city around the globe. Wanna rethink that “Ignorance” term ? How much of the “law” does your lawyer even know — all of it everywhere — or did he/she spend YEARS studying a small particular portion of it.

    Make the law more reasonable and manageable unless the intent is to ensure that everyone is convictable of something somehow just for leverage as a fear tactic then to claim you are “protecting” them, when in fact, you are protecting no-one except your own interests.