Divineo stung with USD $9 million piracy fine

[Darksaviour69]

Electronics retailer Divineo has been slapped with a fine of more than USD $9 million (EUR 7.1 million) for selling and distributing mod chips and HDLoader software.

The HDLoader allows full games to be downloaded and stored on a PS2 hard drive, and is considered key software used for console piracy.

"Mod chips and HDLoaders are key elements in facilitating video game piracy because they allow people to play illegally copied games on illegally modified video game consoles," said Ric Hirsch, senior VP of intellectual property enforcement for America's Entertainment Software Association.

"This court order is very important because it recognises the significant damage that mod chips and HDLoaders cause the entertainment software industry and delivers the clear message that trafficking in circumvention devices that enable game piracy will result in heavy penalties," he added.

The ruling took place on September 11th in the US District Court of California.

Source gamesindustry.biz (http://www.gamesindustry.biz/content_page.php?aid=20207)

Bad news for homebrew?

[r00t]

These guys have been threating the Backup scene, P2P for so long now. It's gone past the point of seeming serious and into the comical.

[John Vattic]

Is there even a Dinineo in America? And if not why is no country stopping Americas attempt to Nazi on the world? And thirdly, why is it on the famous occultist holiday known as September 11?

I smell a Fourth Reich brewing in America and the hops in this brew are flavorless.

[shrimpidy]

Thats a lot of money.

[The_Ultimate_Eggman]

Thats a lot of money.
Not to a company like that that has made 10's of millions basically condoning and selling the tools to comit piracy its not.you dice with death sooner or later the reaper will come a knockin.

[nonarKitten]

I agree completely that the US has gone beyond protecting its own interests. There's a disturbing trend of the US asserting, if not forcing its own absurd and draconian laws on other countries, but more-so that through economic force, that these countries accept it, like an abused housewife.

[mog]

Why is it that a US court that is suing a company based in France?

Also, it's interesting how Divineo's website is still selling modchips to the US...
€7.1m hasn't stopped them! :p

[E.J.]

But... Divineo USA doesn't sell modchips or anything like that, it's Divineo China, i don't think they (in the USA) have the rights to sue a company in another country, do they?

[Dickhead]

We are living in a ever changing world thats not perfect and will never will be

[Sanka]

This is the last thing the Scene needs.

just because they registered their trade in the US.

This is the last time we tell america anything.
Screw the American Government.
We wanna Play, Mod, and Backup.

[donj]

chapter 11 bankrupcy!

[ACID]

Is there even a Dinineo in America? And if not why is no country stopping Americas attempt to Nazi on the world? And thirdly, why is it on the famous occultist holiday known as September 11?

I smell a Fourth Reich brewing in America and the hops in this brew are flavorless.
Yes theres a divineo branch for america, what are you talking about nazi. Remember the origin of the word:rolleyes: I know your not american because you dont care that thousands of inosent people where killed because of so idiots thinking that god or ala told them to. No wait funier the koran told them to. I have read it and even there is nothing sdaid about killing people as a hobbie.
Hey i do agree Nostradamus sayd it best There will be a war for black gold:eek:

[MicroNut]

Based on this logic they should rule that hammers are illegal.
Because I could use it for -this- or -that-
That being planting it squarely in the face of the idiots who dream this legal crap up.

I wont EVEN begin to talk about the "potential" evil of screwdrivers.

SantaBunny Forever!

[ACID]

You dont even want to know the things that can be done with a piece of paper. LOL

[valar]

what's not fair i think ,it's playing pirates for free where developers sometimes put a lot of effort into the software and you can dowload these games for free.prices are not that bad,except maybe new games.if the new good releases were about 20 25 quid,would be much better.i can wait for prices to drop anyway..

hombrew should be legal without doubts.it's great where you can actually do some creative work for your console and release it on the web.

[cloud_952]

Why didn't this make the news, say.. a month ago? o_o Why am I reading about it now, in October?

Anyway.. that is upsetting, but not terribly shocking. They did sell products that were considered undermining and illegal directly to the US. They understood what they were doing and, likely, should've been more careful about which countries they went through when dealing with America.

I wouldn't call it a "huge blow" to anything, or anyone. Sucks for Divineo, but that's about it.

[wrega]

Damn! That's a lot of Nuts!!!

[brakken]

You dont even want to know the things that can be done with a piece of paper. LOL

Trust me ... I know :)

[the_eternal_dark]

Trust me ... I know :)


Are you the brakken from modthatcube?

[SSaxdude]

Thanks a lot American government, you keep trying to shut everyone down.

[Zourn]

What the hell is a "illegally modified video game console"? I was unaware that there was a law that said you could not do whatever the **** you wanted to with something once you bought it and took it home.

Only in California would this have ever passed.

[the_eternal_dark]

What the hell is a "illegally modified video game console"? I was unaware that there was a law that said you could not do whatever the **** you wanted to with something once you bought it and took it home.

Only in California would this have ever passed.

There are limits to what you can do with your purchased item. You cant run modified copywrighted code or play pirated software (roms, isos, etc). Thats what they mean.

[ataribob]

Thanks a lot American government, you keep trying to shut everyone down.


We don't call a judge in CA. an american at all

[MicroNut]

There are limits to what you can do with your purchased item. You cant run modified copywrighted code or play pirated software (roms, isos, etc). Thats what they mean.
That's about right.

However actions like this are like science fiction being used to prevent something that *might* happen.

It's like 1984 came and went and nobody noticed.

We could get to a point where we own nothing.
We rent our software, we rent our hardware.

We only buy the right to use it.
Then we can only use it the way they want it to be used.
Or face serious breaches in our rights to use the product.

Ungh...

Then again a friend told me once that one can only rent beer. :)

In that sense it’s like a roller coaster.
You pay to ride.
And that's fair.

So what is fair in the PSP scene?

Backups…
Emulation…
Applications…
Hardware mods...
Mod Chip...

Huge categories with legal and ethical issue that run together like spaghetti.
Is it no doubt the scene is full of so much drama?

This chip maker got busted and that kinda sucks.
In my opinion, including a HDLoader in the package was not a bright idea.

I, for one, am going to do my best to sit back and enjoy the ride.
I paid for it.

[the_eternal_dark]

That's about right.

However actions like this are like science fiction being used to prevent something that *might* happen.

It's like 1984 came and went and nobody noticed.

We could get to a point where we own nothing.
We rent our software, we rent our hardware.

We only buy the right to use it.
Then we can only use it the way they want it to be used.
Or face serious breaches in our rights to use the product.

Ungh...

Then again a friend told me once that one can only rent beer. :)

In that sense it’s like a roller coaster.
You pay to ride.
And that's fair.

So what is fair in the PSP scene?

Backups…
Emulation…
Applications…
Hardware mods...
Mod Chip...

Huge categories with legal and ethical issue that run together like spaghetti.
Is it no doubt the scene is full of so much drama?

This chip maker got busted and that kinda sucks.
In my opinion, including a HDLoader in the package was not a bright idea.

I, for one, am going to do my best to sit back and enjoy the ride.
I paid for it.

So true...

I still think this ruling is crap. I wonder who slapped them with the fine...

[NoQuarter]

Yeah Micronut, we're on the same page buddy.Actually I used my psp to read 1984 for the first time.

[MaxSMoke]

They need to take that ruling to the Supreme Court. The Supreme Court has already upheld the rights of MP3 users to copy their music from CD's to their MP3 player. That same ruling applies to this decision.

It's sad to say, but the courts in my sunny Californian home are very stupid, and sometimes even corrupt. That's why SO many bad rulings come out of them. But the Supreme Court would not let this nonsense happen. They support the rights of the users. The E.F.F. needs to step in and DO something about this!

[the_eternal_dark]

They need to take that ruling to the Supreme Court. The Supreme Court has already upheld the rights of MP3 users to copy their music from CD's to their MP3 player. That same ruling applies to this decision.

It's sad to say, but the courts in my sunny Californian home are very stupid, and sometimes even corrupt. That's why SO many bad rulings come out of them. But the Supreme Court would not let this nonsense happen. They support the rights of the users. The E.F.F. needs to step in and DO something about this!

I don't think it's only Cali that has that problem, Ohio, New York, and Tennessee have that problem as well as many other states. I think something like the mp3 ruling will protect users who backup their own games (legally it's is still a very gray area). I would like to see what becomes of this.

[ExcruciationX]

This is bullshit! (Excuse me for swearing, but it is certainly necessary!!!) Nobody, can make modchips illegal, unless they contain the software to run!

[the_eternal_dark]

This is bullshit! (Excuse me for swearing, but it is certainly necessary!!!) Nobody, can make modchips illegal, unless they contain the software to run!

I guess some people decided to ruin the fun for some of us. I hope divineo stays open here in the states, I order from them quite a bit.

[picketf]

There are limits to what you can do with your purchased item. You cant run modified copywrighted code or play pirated software (roms, isos, etc). Thats what they mean.

what they mean is

They don't have a clue so why not create a buzz word like : "illegally modified video game console" ??

At some point when consoles stop focusing on next gen GFX and get back to gameplay mods mean that one day we'll be able to develope software for a videogame system just like any PC developer (that don't make use of windows apis) by starting with more time and talent than cash for buying the license and devkits first.

Is it just imagination or did HLoader gain alot of attention ever since it started running online games with certain mods earlier this year?

[Tulvert]

Ya know sometimes I just feel the need to kick some one in the frickin nipple. I'm an american citizen born and raised and I hate the politics and laws of this country. I mean, come on why the hell does Divineo have to pay this money? California isn't a world court and Divineo isn't an American company. This goes along the lines of America trying to control the internet all over again. It's the U.S. trying to be world police. I think that if companys imbraced homebrew that things like HD Loader and the such might slow down. I love my homebrew. My Xbox is like a Demi-God thanks to homebrew. I can watch dvds with out that stupid dvd kit and watch all kinds of videos besides. Lets face it Sony dropped a whole lotta cash updateing its firmware to stop homebrew and it's served to only slow it down a little. I only bought a PSP and an Xbox because you could do homebrew. Which lead to well I have the system mite as well buy some games. A few hundred bucks later Sony and Xbox should be glad that homebrew caused me to buy the system.

[Smurph]

Hey guys, I once Froze a banana, made a wicked sweet dagger out of it, then stabbed some guy in the face.

OMFG! BLANKET BANANA BAN!

SUE CHIQUITA!

[the_eternal_dark]

Ya know sometimes I just feel the need to kick some one in the frickin nipple. I'm an american citizen born and raised and I hate the politics and laws of this country. I mean, come on why the hell does Divineo have to pay this money? California isn't a world court and Divineo isn't an American company. This goes along the lines of America trying to control the internet all over again. It's the U.S. trying to be world police. I think that if companys imbraced homebrew that things like HD Loader and the such might slow down. I love my homebrew. My Xbox is like a Demi-God thanks to homebrew. I can watch dvds with out that stupid dvd kit and watch all kinds of videos besides. Lets face it Sony dropped a whole lotta cash updateing its firmware to stop homebrew and it's served to only slow it down a little. I only bought a PSP and an Xbox because you could do homebrew. Which lead to well I have the system mite as well buy some games. A few hundred bucks later Sony and Xbox should be glad that homebrew caused me to buy the system.

Unfortunately, some people use those same hombrew capabilities to load "backups" which ruins it for the rest of us. Personally, many of the user created games are some of the best.

I also hate the way America is trying to run the world. I think only reason America can get away with some of the things that it does is because it is basically a huge, corrupt empire, corrupting other countries to march with them into the sea. Starting to sound like efficient communism.

[Smurph]

Unfortunately, some people use those same hombrew capabilities to load "backups" which ruins it for the rest of us. Personally, many of the user created games are some of the best.

I also hate the way America is trying to run the world. I think only reason America can get away with some of the things that it does is because it is basically a huge, corrupt empire, corrupting other countries to march with them into the sea. Starting to sound like efficient communism.

If you hate it so much here, you can leave.

[NoQuarter]

Yeah well leaving may be the only choice.Lord knows voting doesn't count,doesn't matter who you vote for in america they're all rich aristocrats.
Our government does need to keep it's hands out of other peoples business.

[ExcruciationX]

I don't like it here either! I don't like how we are trying to run the world.