Just a curiosity, why no US-based mod stores?

hawkeyenick

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I haven't found a single one. Divineo is partially located here, but only as a contact.

Are there legal reasons? What would someone be looking out for if they started such an operation?

I might be interested in starting one up in the US if it's feasible. Most of the shops online seem to be lacking in one way or another or don't specifically cater to the modding community.
 

hawkeyenick

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FEFL said:
It's much easier to get caught in the US. Most ROM sites' servers aren't located in the US either.

There's only a few US websites that actually get away with selling flashcards.

Yes, that's my intention.

It would be 6-12 months off as I am currently living in Korea, but I would do it if I have the chance.

I know it's all grey area, but I would like to run a legit site as long as I can stay within the law.
 

Joe88

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you cant stay within the law

the flashcarts or other hacks violate the DMCA and bypass copyright protection
 

hawkeyenick

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Joe88 said:
you cant stay within the law

the flashcarts or other hacks violate the DMCA and bypass copyright protection

If I can recall, there is recent precedence against this as long as the main purpose is not to bypass copyright protection.

Give me a minute to find the article.
 

redact

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hawkeyenick said:
Joe88 said:
you cant stay within the law

the flashcarts or other hacks violate the DMCA and bypass copyright protection

If I can recall, there is recent precedence against this.

Give me a minute to find the article.
that was in a European court, not US court..
 

hawkeyenick

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mercluke said:
hawkeyenick said:
Joe88 said:
you cant stay within the law

the flashcarts or other hacks violate the DMCA and bypass copyright protection

If I can recall, there is recent precedence against this.

Give me a minute to find the article.
that was in a European court, not US court..

Just as well, I can start and run a business anywhere. Do you happen to have a link to that article?

If there truly are any US stores selling flash cards, please toss me a link.
 

hawkeyenick

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mercluke said:
hawkeyenick said:
Do you happen to have a link to that article?
i can't be bothered searching for the original source of the news but here's the link i saw it at...
clicky

Sweet deal, I'll keep digging. I would prefer a US-based business as I wouldn't have to take on a partner, but a foreign based one is just as well.
 

Uncle FEFL

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hawkeyenick said:
mercluke said:
hawkeyenick said:
Joe88 said:
you cant stay within the law

the flashcarts or other hacks violate the DMCA and bypass copyright protection

If I can recall, there is recent precedence against this.

Give me a minute to find the article.
that was in a European court, not US court..

Just as well, I can start and run a business anywhere. Do you happen to have a link to that article?

If there truly are any US stores selling flash cards, please toss me a link.
realhotstuff sells them. On most flashcard's websites, click on dealers (or whatever it'll say), and it'll give you a big list of stores.
 

wrettcaughn

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I've made a few purchases from leetmod.com

I can't tell if they are based in the US or Canada though...I want to say that my items were shipped out of Washington State before.
 

hawkeyenick

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Old8oy said:
I've made a few purchases from leetmod.com

I can't tell if they are based in the US or Canada though...I want to say that my items were shipped out of Washington State before.

Leetmod.com is Hong Kong based, they might use a drop shipper.

realhotstuff is based in new jersey though, that's for sure.
 

Guild McCommunist

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hawkeyenick said:
realhotstuff is based in new jersey though, that's for sure.

Yeah, their warehouses aren't even an hour away from me, I think. They're a little pricey but I get my stuff in like two days (since they process it one day and ship it out the next), so I use them quite consistently.
 

Guild McCommunist

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Joe88 said:
RHS is the only one thats comes to mind
not sure how they get away with it though

Because flashcarts aren't illegal. They strictly say on their website to use them only for homebrew purposes. No games.

See?

It's been proved that time and time again that flashcarts are legal. Sure, it's almost implied you use them pirating, but they are designed to work with your perfectly legal backups as well as for homebrew.
 

hawkeyenick

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Guild McCommunist said:
Joe88 said:
RHS is the only one thats comes to mind
not sure how they get away with it though

Because flashcarts aren't illegal. They strictly say on their website to use them only for homebrew purposes. No games.

See?

It's been proved that time and time again that flashcarts are legal. Sure, it's almost implied you use them pirating, but they are designed to work with your perfectly legal backups as well as for homebrew.


Incorrect, they bypass copyright protection, so fair use does not apply.
Unless there is some strange loophole for non-chip backup solutions, I'm not seeing how this is legal in the US.

Could you please point to any case to set such a precedent?
 

Uncle FEFL

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hawkeyenick said:
Guild McCommunist said:
Joe88 said:
RHS is the only one thats comes to mind
not sure how they get away with it though

Because flashcarts aren't illegal. They strictly say on their website to use them only for homebrew purposes. No games.

See?

It's been proved that time and time again that flashcarts are legal. Sure, it's almost implied you use them pirating, but they are designed to work with your perfectly legal backups as well as for homebrew.


Incorrect, they bypass copyright protection, so fair use does not apply.
Unless there is some strange loophole for non-chip backup solutions, I'm not seeing how this is legal in the US.

Could you please point to any case to set such a precedent?
EDIT: They're actually still legal.
 

mthrnite

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Sony won a court case against Divineo in 2006 and reaped lots of damages, and that's made US based stores VERY shy about selling chips, especially Playstation modchips. *link*

It's not too hard to find stuff for other systems, but Sony set a precedent, so shops in the U.S. are generally pretty careful not to run afoul of it. Even non-U.S. shops won't ship some things to the U.S. I had a hell of a time getting anyone to ship me a PS1 chip last year.

I don't know of any U.S. case specifically against R4, haven't really looked into it though. Still, I think it's the potential lawsuits that frighten most businesses away, and the Sony thing was pretty big... and the DMCA sucks.

I.A.N.A.L.
 

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