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So it begins (cyclo-wiz website taken offline)
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inmate347
Newbie
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31. May 2007 @ 20:34 |
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at the request of the Entertainment Software Association. It now displays the complaint from the ESA:
Dear [Hosting Company]:
The Entertainment Software Association (?ESA?) is a U.S. trade
association that represents the intellectual property interests of
numerous companies that publish interactive games for video game
consoles, personal computers, handheld devices and the Internet
(hereinafter collectively referred to as ?ESA members?). ESA is
authorized to act on behalf of ESA members whose copyright and other
intellectual property rights it believes to be infringed as described
herein.
The sale of circumvention devices, including modification chips, is
actionable under federal law. The Digital Millennium Copyright Act (17
U.S.C. § 1201) ( ?DMCA?) prohibits the manufacture, sale, import or
offer to the public of any technology, product, service, device,
component or part thereof that is designed to circumvent a technological
measure that protects the right of a copyright owner or controls access
to a work protected under federal copyright law.
ESA has a good faith belief that the IP address 207.96.32.240
(http://www.cyclowiz.com/) infringes the rights of one or more
ESA members by offering for sale circumvention devices.
Specific URLs include:
http://cyclowiz.com/zencart/index.php?ma...o&products_id=1
The circumvention devices appearing on, or made available through, the
through the above-listed IP address are listed and/or identified thereon
by depiction, description, and/or name (the circumvention devices are
hereinafter referred to as ?Infringing Material.?)
Based on the information at its disposal, ESA has a good faith belief
that the Infringing Material is not authorized by the copyright owner,
any licensee or agent thereof, or the law.
Accordingly, ESA hereby requests Hosted Solutions, LLC to immediately do
the following:
1. Notify the account holder of the Infringing Material.
2. Remove, or disable access to, the Infringing Material detailed
above.
3. Take appropriate action against the account holder under your Abuse
Policy/Terms
of Service Agreement, including termination of a repeat offender.
ESA believes that the information in this notification is accurate.
Under penalty of perjury, I hereby affirm that ESA is authorized to act
on behalf of ESA members whose exclusive copyright rights we believe to
be infringed as described herein. Hosted Solutions, LLC or the account
holder may contact ESA at the above-listed contact details, with email
preferred. Please include the above-noted Reference Number in the
subject line of all email correspondence.
Thank you for your cooperation and prompt response in this matter.
Sincerely,
Intellectual Property Enforcement
Entertainment Software Association
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DraTs
Senior Member
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31. May 2007 @ 22:25 |
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Wow... wiikey needs to hurry up and get that update out before this happens to their site too...
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jac33au
Suspended permanently
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31. May 2007 @ 23:07 |
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The US can only shut down sites that are hosted on US soil or its territories. Wiikey.cn should be fine unless China has an agreement with the US regarding piracy but lets be honest, China and piracy go hand in hand like roast lamb and mint sauce.
Mod chipping is not illegal the whole world over despite what the States would like to believe
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FrostyBK
Newbie
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1. June 2007 @ 03:19 |
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Member
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1. June 2007 @ 03:22 |
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You know, thats really strange why they would go for them? Modchip.com & modchipstore.com have been in business for several years and Nobody has ever tried to lay a hand on them? wonder why they would target the Cyclowiz as for what your saying about China yes it is the Grey Market capitol of the world but look what happened to Hong Kong Toys, Lik Sang, Hong Kong success and so forth all based in Hong Kong were forced from Nintendo To Remove the Flash Carts, as well Sony eventually had Lik Sang shut down after numerous lawsuits(now the reason anything from sony I have is pirated, obviously they had enough to shut down my favorite importer they certainly dont need my cash) but anyways.. I wonder if this could be the beginning of a Modchip Shutdown?
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jac33au
Suspended permanently
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1. June 2007 @ 03:28 |
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Its abit of topic but you guys should check out the arguments they are having on mywii.com.au about mod chipping, importing games and of course piracy.
Some of you guys should jump on there and give them a serve.
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DraTs
Senior Member
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1. June 2007 @ 06:18 |
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Well, truthfully, if this was the start of a mod chip shut down, it wouldn't actually end mod chips. This is not me advocating piracy, however just giving an example. Sure, the RIAA did great when they got napster shut down.... instead, 10 more p2p programs pop up, not just sharing music anymore, but sharing anything and everything.. but yeah, then, torrent comes up, 10x better than p2p sharing programs like those, and bam.
Truthfully, it almost seems like they should leave a lot of that stuff alone, because every time they do something to stop it, it comes back bigger, and more advanced.
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AfterDawn Addict
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1. June 2007 @ 09:02 |
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I don't think what they are trying to do will effect anything.
As Drats said RIAA have been trying to shut down p2p and torrents sites for years.
I actually think it hurts the RIAA & MPAA (Now also ESA) more in the long run when trying to shut down sites. In a way it is free advertisement for p2p/torrent sites plus gaming modification chips.
I think their scare tactics do work and some do stop using the p2p networks and torrent sites when the subject comes up in the media but after a while most will go back to using them when the dust settles.
I think it adds more users to the p2p networks and torrent sites. I bet allot of people that don't know much about it will research it just to see what the fuss is all about. Then end up becoming part the p2p/torrent online community themselves. That is actually how I got into these types of applications.
So my opinion is I think this adds fuel to the fire and in the long run hurts those types of anti-piracy groups. Just sends out advertisement to more people letting them know these types of applications and modifications are out there.
This message has been edited since posting. Last time this message was edited on 1. June 2007 @ 09:10
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jac33au
Suspended permanently
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1. June 2007 @ 13:41 |
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In Australia the music industry has been able to convince the government that the answer to music piracy is to force the ISP's to disconnect your internet. Imagine that!
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Member
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1. June 2007 @ 15:58 |
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yeah now that you mention the whole thing with the RIAA and what not I can see that, very true and to think the first time I ever logged onto napster their were 12 other users, now everybody and their moms dogs are downloading their music for free anymore, Though I really feel sorry for Cyclowiz hopefully the continue to make their chips and updates and submit them to their retailers.
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