367
rate

California Man Arrested and Indicted for Illegal Modification of Game Consoles

August 04, 2009 in News comments 19

The Associated Press is reporting today that a 27-year-old Cal State Fullerton student, Matthew Crippen, was arrested for the illegal modification of game consoles that enable them to play pirated video games. He was released Monday night after posting a $5,000 bond.

Accused of violating the Digital Millenium Copyright Act (DMCA) in modifying his consoles, he was indicted by a federal grand jury. Crippen's arraignment is set for August 10th, and could face 10 years in prison.

A Southern California college student has been arrested on federal charges that he illegally modified video game consoles to enable the machines to play pirated video games.

The U.S. Attorney's Office says 27-year-old Matthew Crippen was released Monday night after posting $5,000 bond.

The California State University, Fullerton student who lives in Anaheim is accused of modifying Xbox, PlayStation and Wii consoles in violation of the Digital Millennium Copyright Act.

Immigration and Customs Enforcement agents got a tip from the Entertainment Software Association and searched Crippen's home in May.

He was indicted on two counts by a federal grand jury. Crippen faces 10 years in prison if convicted and is scheduled for arraignment on Aug. 10.

Attempts to reach Crippen for comment were unsuccessful.
Akira_EX via google.com »
Favourite this article Add source
| More
Report!
Additional sources:
Latest comment:
Most recently commented on by on Aug 7, 2009

Comments

Register as a member to subscribe comments.
  • 3
    bob8294 Aug 4, 09
    Geez, the feds seem to have a liking for targeting students to charge lately, first the kid that got fined for $800K for downloading/distributing 20+ songs over P2P networks, now this?
  • 3
    Deathsythe Aug 4, 09
    How is modifying a console a violation of the DMCA?

    You bought and paid for a system, it is yours to do with what you want. Period. That is how capitalism works.

    We are not renting our consoles from the company, we are purchasing them, and thus claim ownership.

    The day some bullshit law tells me what I can and cannot do to something I own is the day I suck on a tail pipe.

    This is absolutely ridiculous. 10 years for soldering a few wires or installing a new frontend? Give me a break.

    The DCMA needs to be repealed, STAT.

    • 0
      Tenken Aug 4, 09
      I'd say it's not so much that he modded the consoles, but what the mods allow. And if it's anything like software usage, it IS illegal.

      EDIT: Think of it like a car. You can modify a car all you want, but some things are still illegal.
    • 0
      Akira_EX Aug 4, 09
      http://thomas.loc.gov/cgi-bin/query/F?c105:2:./temp/~c105gI0Lz3:e39467:

      quote DMCA
      (b) ADDITIONAL VIOLATIONS- (1) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that--

      (A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological protection measure that effectively protects a right of a copyright owner under title 17, United States Code, in a work or a portion thereof;

      (B) has only limited commercially significant purpose or use other than to circumvent protection afforded by a technological protection measure that effectively protects a right of a copyright owner under title 17, United States Code, in a work or a portion thereof; or

      (C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing protection afforded by a technological protection measure that effectively protects a right of a copyright owner under title 17, United States Code, in a work or a portion thereof.

      (2) As used in this subsection--

      (A) to `circumvent protection afforded by a technological protection measure' means avoiding, bypassing, removing, deactivating, or otherwise impairing a technological protection measure; and

      (B) a technological protection measure `effectively protects a right of a copyright owner under title 17, United States Code' if the measure, in the ordinary course of its operation, prevents, restricts, or otherwise limits the exercise of a right of a copyright owner under title 17, United States Code.
      If it was private use, odds are he wouldn't have been caught. However, apparently he was selling and advertising a service, which is how people caught on.

      http://www.scpr.org/news/2009/08/03/xbox-crime/
      • 0
        Deathsythe Aug 4, 09
        The point isn't that he got caught, the point is even if it was just for private use he/we all would be still breaking the law.

        I thought we lived in a country where we had rights. I thought this was the land of the free.

        • 0
          Big A2 Aug 5, 09
          The copyright owners of video games have right too ya know.
    • 0
      Fallen Royalty Aug 4, 09
      I can buy and use a shotgun; I can even modify it if I want to, but there are some things you can't do - for instance, sawing off part of the barrel. It is illegal, as it should be, to modify some things in a way for which the sole use of the modification is to break the law.
      • 1
        Deathsythe Aug 4, 09
        Sawing off the barrel to place it under the legal minimum of 18" is not solely used to break the law.

        It allows one to cut corners sharply, and conceal/carry said shotgun around more easily, which allows hunters to carry more equipment/food/ammunition.

        If I bought a shotgun for the purpose of protecting my home (which I have), went through all the bullshit red tape and jumped through all the hoops to get it (which I did), and sawed off the barrel to say about 12" (which I have not done), and was forced into a situation where I was involved in a shoot out with an intruder across my living room, I would want to rest assured that I could use my modified device to the fullest extent possible to save the lives of my family and myself, without facing scrutiny when the police finally respond to my 911 call.

        It is very John Lockian of me, (or Thomas Hobbian if you care to look at it that way), but it is true.


        Wow, I guess college has pushed me a little more into libertarian than I care to discuss...
  • 3
    Sakuraba Neku Aug 4, 09
    Wait wait wait. Isn't it perfectly legal to mod consoles, just actually pirating games is illegal?

    And even if I'm wrong, this case is *bleep*ing stupid tbh
    • 1
      Akira_EX Aug 4, 09
      No, according to the DMCA.
      • 1
        Sakuraba Neku Aug 4, 09
        *bleep* the DMCA then, its an unjust yo

        Also forgot to mention selling the consoles in my last comment.
  • 5
    RabidChinaGirl Aug 4, 09
    THIS IS AN EXCELLENT USE OF TAX DOLLARS.
  • 0
    Play ISDF Aug 4, 09
    I can understand getting charged for actively pirating games, but it's rather messed up to get charged with modifying privately owned consoles. Although obviously done with the intent to do the wrong thing, it's still screwed up none the less.

    And 10 years? Are you bloody kidding? Slap a $500 fine on him or something and get over it. People who speed get off for less than that, or drink and drive, or whatever the hell else, and that's "endangering people's lives". I seriously think that for the most part, these game/software/music/movie/etc type piracy consequences are seriously over the top. I'm not saying I support piracy or anything like that, but this is just stupid. Also, isn't that sending out the wrong message? It's not cool to potentially kill people, but it's super bad if you steal some minor things.
  • 3
    TurMoiL911* Aug 4, 09
    10 years ... for attaching an electronic chip to his own property ? It's legal bullshit like this that pisses me off. Whoever decided the punishment for "crimes" like this probably thinks giving a guy 3 years for possession of ONE marijuana joint is a good idea.
  • 2
    Jagosix Aug 4, 09
    Hello Fellow Gamers. I mean come on. If this is bad, then we (all of the World) need to be arrested. For example: The VCR. what purpose was the VCR created. to record video. What type? anything that can be play or viewed (via TV,DVD,Camera, SAT, etc) can be recorded with a VCR. Now we all know that they also sold tons (literally TONS) of blank VHS tapes to Billions of people. To do what? Record anything that you wanted to and you did.
    However, They also posted copyright laws about copying the tapes that contained movies, tv shows, etc.. But hey you did it anyway. Anyone that owned a VHS/VCR has broken the law concerning copyright infringement. This is no different.
    Let me take it even further. lets jump a few years into the present. We have Blu-Ray, DVD, CD, recorders on our home computers, Laptops, etc.. We also have digital cameras that can record better than camcorders. Technology and the internet makes these things so accessible to obtain.
    right now anyone with internet access can go to youtube.com and learn how to mod just about any device imaginable. It's not like we don't have any help in doing these things. We download music and give it no second thought. Look at what the Ipod has accomplished. ok... back at sub.
    The point is that we all have changed (or modded something) to work better for us (or others) in some small way. He's not hurting anyone. Thank GOD he's not trying to make something that kills. So please we need to concentrate on what's really important. Arresting one person isn't going to stop something like this . That's an impossibility that man just can't do.
  • 0
    Ech0ez Aug 5, 09
    I thought he was arrested for using them to play pirated games, not for actually modding the console itself, or at least modding it with the intent of using it for something illegal.
  • 0
    Ready Start L_Arc Aug 5, 09
    America is so great

    keep suing each other, guys

    Let's pick on college kids when there are so many other far more import issues to worry about



    and 10 years? holy shit

    that's all I have to say about that
    • 1
      Big A2 Aug 6, 09
      You're being ridiculous. It doesn't matter who committed the crime. It's still illegal.
  • 1
    lakerfan210 Aug 6, 09
    Wow! I thought I had seen it all. This guy got arrested for doing a mod that would enabled the console to play burned games, not for selling pirated games. Wait don't our dvd players play burned cd's already. We should arrest those manufactures too then for actually selling us something that contributes to something else. Come on people, we have bigger things to worry about than this guy. I would do those mods too if I can make some extra money. And comparing a car mod to a console mod is ridiculous. The car mod means that speed is involve, therefore endangering your life and others. Who are you endangering in a console mod. Just a freakin business that still is making more money than I am and ever will.

This news story is archived and is closed to comments now.