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

Discussion in 'General Off-Topic Chat' started by hawkeyenick, Dec 11, 2009.

Dec 11, 2009
  1. hawkeyenick
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    Newcomer hawkeyenick Member

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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.
     


  2. Uncle FEFL

    Member Uncle FEFL OBJECTION!

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    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.
     
  3. hawkeyenick
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    Newcomer hawkeyenick Member

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    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.
     
  4. Joe88

    Member Joe88 [λ]

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    you cant stay within the law

    the flashcarts or other hacks violate the DMCA and bypass copyright protection
     
  5. hawkeyenick
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    Newcomer hawkeyenick Member

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    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.
     
  6. mercluke

    Member mercluke ‮҉

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    that was in a European court, not US court..
     
  7. hawkeyenick
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    Newcomer hawkeyenick Member

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    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.
     
  8. mercluke

    Member mercluke ‮҉

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    i can't be bothered searching for the original source of the news but here's the link i saw it at...
    clicky
     
  9. hawkeyenick
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    Newcomer hawkeyenick Member

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    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.
     
  10. Uncle FEFL

    Member Uncle FEFL OBJECTION!

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    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.
     
  11. wrettcaughn

    Member wrettcaughn Misunderstood Moral Elitist

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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.
     
  12. hawkeyenick
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    Newcomer hawkeyenick Member

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

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

    Member Guild McCommunist (not on boat)

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    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.
     
  14. omgpwn666

    Member omgpwn666 Guy gamer and proud!

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    leetmod.com is hosted in USA Utah,but that doesn't mean it ships from there,just hosted there. lol
     
  15. Joe88

    Member Joe88 [λ]

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

    Member Guild McCommunist (not on boat)

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    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.
     
  17. hawkeyenick
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    Newcomer hawkeyenick Member

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    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?
     
  18. NeSchn

    Member NeSchn GBAPimpdaddy.

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    gamebygame.com

    realhotstuff.com

    Two awesome retailers located in the US
     
  19. Uncle FEFL

    Member Uncle FEFL OBJECTION!

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    EDIT: They're actually still legal.
     
  20. mthrnite

    Former Staff mthrnite So it goes.

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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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