Here's a story which is sure to warm the hearts of those who love an underdog...

Twenty-four-year-old gamer Brian Kopp has successfully stared down the likes of Blizzard, Vivendi and the ESA in a lawsuit which accused the defendants of misrepresentation in their claims that Kopp's self-authored World of Warcraft strategy guide violated terms of the Digital Millenium Copyright Act (DMCA).

Last August Kopp began selling "The Ultimate World of Warcraft Leveling & Gold Guide" on Ebay for fifteen bucks. Soon thereafter, Blizzard, Vivendi and the ESA invoked the DMCA, claiming that Kopp's home brew enterprise violated copyrighted material in WoW. Ebay then forced Kopp to take down auction listings which advertised the book and eventually suspended his account.

That probably would have been the end of Kopp's career in the strategy guide business, but Public Citizen, a national nonprofit public interest organization, offered to assist the beleaguered Mr. Kopp. Public Citizen filed a federal suit on Kopp's behalf in March. On Friday Public Citizen issued a press release announcing that the defendants had capitulated and will no longer object to Kopp selling his guidebook on Ebay.
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Pirates vs. Ninjas = good times.

Pirates vs. the FBI? Not so much.

In December, 2005, GamePolitics covered the case of three Los Angeles men charged with selling Xbox systems chipped to play pirated games. The consoles also came pre-loaded with 77 pirated games.

More recently, the Honolulu Star Bulletin reported that two Hawaii residents were indicted by a federal grand jury for selling modded Xboxes, this time pre-loaded with hundreds of games, big-screen films, music videos and images.

The FBI's Cyber Squad investigated the case. The suspects, 26-year-old Don Perreira of Pearl City and 39-year-old John Oroyan of Waialua were charged with criminal copyright infringement, a felony which carries a maximum five years' imprisonment and a $250,000 fine.

J: While the pre-loading of games and movies onto an Xbox is a clear case of piracy, the legality of modding a system remains a sticky question. Technically. it is a violation of the Digital Millenium Copyright Act, since the Xbox has to be modified in order to play a copied game, thereby circumventing the copy-protection. But the DMCA is controversial as it prevents users from making a backup copy of a console game legally purchased, which is normally allowed under "fair use" (although the RIAA now claims that backup copies are not "fair use", but that's another story).

-Jabrwock

A Hollywood game shop that played host to the stars has been busted for alleged piracy.

United Press International is reporting that three Los Angeles men were charged yesterday for selling Xbox systems chipped to play pirated games.

Feds allege that the suspects conspired to violate the Digital Millennium Copyright Act (DMCA). Among the trio are the partners in the ACME Game Store on fashionable Melrose Avenue, as well as a third individual who performed the chipping and added larger hard drives to the Xbox consoles. The modifications allowed users to copy rented or borrowed games onto the Xbox hard drive.

According to the U.S. Attorney's office a private investigator purchased one of the modified Xboxes from ACME in May. Customs agents subsequently paid $265 to have an Xbox chipped and loaded with 77 pirated games.

An October, 2004 G4TV feature showed actor and gamer David Arquette checking out football sim ESPN NFL2K5 at ACME. Arquette is seen in the ACME Game Store in the photo at left.

LA.com notes that ACME has an "artsy" atmosphere and "often hosts events and art shows."

Red Herring names the suspects as store owners Jason Jones, 34, and Jonathan Bryant, 44, and Pei 'Patrick' Cai, 32, who allegedly performed the modifications. Bryant declined comment but told Red Herring that ACME is open for business as usual.

UPDATE: The ESA has issued a press release on the ACME case, including a comment by the organization's president, Doug Lowenstein, who said, "We thank these government agencies for their commitment to combating intellectual property theft, and we will do whatever we can to support a successful prosecution of those charged in this pirate ring. Our industry will continue to support all government efforts to fight game piracy in its many different forms."