Calif. men face criminal charge for Xbox tampering

[Teutatis]

LOS ANGELES (Reuters) - U.S. prosecutors have charged three men with copyright infringement for selling modified Xbox consoles that enabled the original video game machine from Microsoft Corp. (MSFT.O: Quote, Profile, Research) to play pirated games.

The criminal complaint filed in federal court in Los Angeles on Monday named ACME Game Store co-owners Jason Jones, 34, and Jonathan Bryant, 44, as well as Pei "Patrick" Cai, 32.

The complaint alleges that Jones and Bryant sold Xbox systems that Cai modified with chips and hard drives that allowed users to copy rented or borrowed games onto the console for future play.

All three men are charged with one felony count of conspiracy to commit copyright infringement and to violate the Digital Millennium Copyright Act. The charge of conspiracy carries a maximum possible penalty of five years in federal prison.

Lawyers for the men, who will be summoned to appear in U.S. District Court in Los Angeles in late January, could not be immediately reached for comment.

Jones and Bryant demonstrated the modified Xbox game consoles in their Melrose Avenue store. They charged from $225 to more than $500 for the modifications, depending on the extent of the modifications and the number of games preloaded onto the hard drive, according to a statement from prosecutors and the complaint affidavit obtained by Reuters.

During the investigation, undercover agents with U.S. Immigration and Customs Enforcement paid $265 to have a modification chip, a hard drive and 77 pirated games installed on an Xbox, according to the criminal complaint.

Microsoft released the Xbox 360, the new version of its game console, on November 22 in North America. The premium version of the system sells for $400 and is sold-out at many retail outlets.

The original Xbox was released in late 2001 and now retails for around $150. Games for the system cost up to $50 each.

http://today.reuters.co.uk/news/newsArticle.aspx?type=technologyNews&storyID=2005-12-2...IA-XBOX-DC.XML

[whitejremiah]

if they were selling the xbox systems with no games on them, just modded, i dont think they wouldve gotten in NEARLY as much trouble.........

[hhhhbk]

they are in big trouble

just selling a modded one from their shop could get microsoft and sony to both pull all their games and hardware and no longer allow them to sell them

the fact they preloaded them with games makes it even worse

first guy in uk to do it and get caught only got 150hours community service
http://www.cdfreaks.com/news2.php?ID=12050
doubt itll be the same for these poor b******s

[jimmalenko]

if they were selling the xbox systems with no games on them, just modded, i dont think they wouldve gotten in NEARLY as much trouble.........

EXACTLY ....... especially since it's not copyright infringement or violating the DMCA then.

[pdemondo]

What total boneheads!! Selling a lot infringed xbox games on each console!!

[redwudz]

This news seems to more about criminal activities and pirated games and not really video related.
Moving to off topic., redwudz.

[guns1inger]

It was illegal (thanks to Sony) to mod playstations and xboxes here in Aus for almost 12 months. Thankfully, a month or so agao, that was overturned on appeal. The defense that the mods were used predominantly to consumers access to the full range of games, and not just those that Sony saw fit to license for this region, was accepted over Sony's claim that the mod chips were only used allow pirated games to run. Basically, if Sony had played fair instead of being a petty monopoly, they would have one. They don't, they lost, and I don't shed a tear for them.

That said, if you package pirated software with your modded xbox, what do you expect to have happen ?

[ps2daddy]

They shouldnt have sold the games
That was not a smart move

Hope they dont get into too much trouble just seemed weird that immigration agents would do this

[thecoalman]

Hope they dont get into too much trouble just seemed weird that immigration agents would do this

...and customs enforcement. The games and boxes would have been imported into the US. That would probably be in their jurisdiction. Just a suggestion as to why they would be involved, don't really know. Maybe it was an offshoot of another investigation?

[smearbrick1]

I can see selling a modded xbox with a larger hard disk and media center installed, but to sell it with pirated games? If they supplied the original game disc with the Xbox, this wouldn't be an issue, but otherwise... come on guys.