Xbox Modder Convicted News

In the first conviction of its kind in the UK, a 22-year old Cambridge graduate has been sentenced to 140 hours of Community Service by Caerphilly Magistrates Court in Wales after being found guilty illegally modifying Xbox consoles.

Fitting the machines with 200GB hard-drives filled with 80 pre-installed games, the offender would charge £380 for each modified console, whereas the estimated retail cost for the unmodified console and games would be an approximate £3000. Discovered by an internet investigator from ELSPA in October 2004 who then informed Caerphilly County Borough Council Trading Standards and Gwent Constabulary, the offender has also been ordered to pay costs of £750 and the forfeiture of all equipment seized including three tower PCs, two printers, three Xbox consoles and 38 hard-drives.

Mike Rawlinson, Deputy Director General of ELSPA commented: "This case today sets a major precedent which marks a milestone in the fight against piracy and in protecting the games industry's intellectual property. It sends a clear message to anyone tempted to become involved in 'chipping' consoles that this is a criminal offence and will be dealt with accordingly. The modification of consoles is an activity that ELSPA's anti-piracy team is prioritising â?“ it is encouraging to see the UK courts do the same."

The practice of modifying consoles became illegal in October 2003 after intense lobbying by ELSPA left the Patent office laying the Statutory Instrument for the introduction of the Copyright Directive. The introduction of the Act made the modification of consoles illegal, and included the practice of selling and advertising chips as well as providing a service for chipping.

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