Divineo lost $3.75 million lawsuit in September06?

Discussion in 'Wii - Hacking' started by avatarx, Mar 13, 2007.

  1. avatarx

    avatarx Advanced Member

    Feb 3, 2007
    United States
    I just found out from Wikipedia by searching "modchip".

    USA legality under DMCA

    The Digital Millennium Copyright Act (DMCA) cites that circumvention devices, including, but not limited to mod-chips, are illegal, because the device circumvents the copy-protection features of their host systems. In reality, the mod-chips themselves are not illegal, they are just pieces of hardware inserted into the gaming console to override system defaults. The software is what is illegal because it was made to perform illegal actions such as decoding DVDs and copying games onto the Hard Drive.

    In early 2003, iSONEWS.com was raided by the FBI, presumably for selling Xbox modchips with pre-flashed BIOSes. The impetus for the raid was likely the fact that iSO News was distributing hacked versions of the original Microsoft BIOS, thus redistributing Microsoft's copyrighted software without permission.

    Many companies are now selling modchips without any possibly DMCA-infringing BIOS code loaded onto the EEPROM portion of the chip module, or loading it with a totally legal BIOS containing none of the manufacturer's copyrighted code (for example the Cromwell BIOS developed by the Xbox Linux Project). It is then up to the customer to separately obtain a copy of their desired (possibly illegal) firmware and then to flash it into EEPROM.

    On September 11 2006, Judge Claudia Wilken of the U.S. District Court awarded $3,750,200.00 in damages against corporate defendant Divineo, Inc. Divineo is a major international distributor of modchips, and the HDLoader Software for which it was sued by the ESA.
  2. Hogmeister

    Hogmeister GBAtemp Regular

    Nov 26, 2005
    United States
    god i miss isonews.com that place used to be my home for all things scene related [​IMG] anyway as far as divineo goes do you honestly think 3.75 mill is going to make an international distrobution place like divineo close shop? i mean yeah is a huge chunk of money but damn, those guys HAVE to get a lot of business, great prices (sometimes) and quick shipping.. can't beat it [​IMG]
  3. jaxxster

    jaxxster The Heretic

    Oct 31, 2006
    South East London
    Wow never knew they were worth that much money though.
  4. iza

    iza gbatemp, the new crack

    Aug 28, 2006
    United States
    i remember this happened a little before liksang was shut down [​IMG]
  5. Renegade_R

    Renegade_R Audio/Video Expert

    Apr 21, 2004
    Toronto, Ontario
    Now you know why the United States hates Canada [​IMG]
  6. adgloride

    adgloride Its A Wii Wario

    Apr 2, 2003
    They've probably never been made to pay it [​IMG] Why sell the modchips with an hacked bios on it already anyway? Unless they were selling xboxs with the modchips installed already. Being able to install a solderless modchip in an xbox is basic, but if you can do it you should have no problems putting an illegal bios on the chip.
  7. TheVirus

    TheVirus GBAtemp Fan

    Jun 25, 2006
    iSONEWS is still up. The DoJ just had the domain but then it expired and some squatter got it before we could get it back. theisonews.com is the new domain, has been for years.

  8. jon_jon

    jon_jon GBAtemp Regular

    Jul 9, 2003
    United States
    Divineo does not even have a US store, so how are they going to force the Canada store to pay or maybe their main office in France to pay? I don't think they have any jurisdiction over in Canada or in any of the European locations.
  9. ModderFokker

    ModderFokker Advanced Member

    Feb 28, 2007
    I believe they sued divineo.cn ........so my guess its kind of hard to get your money from china [​IMG] (btw different laws "apply" in china)
  10. RougeRat

    RougeRat Newbie

    Mar 1, 2007
    United States
    sup TV
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