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    Podcast Summary

    • Steam revolutionized the gaming industry, but faced challenges in ensuring game safety and credibility.The incident of a game developer bypassing Steam's review process highlighted the potential for trickery and deception in the gaming industry, emphasizing the importance of game marketplaces maintaining safety measures.

      Steam revolutionized the gaming industry by providing a centralized platform for purchasing and downloading video games. Before Steam, PC games were scattered all over the internet, making it difficult to find legitimate and complete versions of games. Steam addressed this problem by implementing a three-step process for game submission and review. However, a game developer managed to bypass these checks by tricking the website into thinking their game was already published. This incident highlighted the potential for trickery and deception in the world of video games. While Steam has fixed this issue, it serves as a reminder of the challenges faced by game marketplaces in ensuring the safety and credibility of the games they host.

    • From Computer Hardware to Game Console Repair: Gary's Business EvolutionAdapting to changing technologies and markets is vital for business growth and success.

      Gary's business thrived in the 1980s by manufacturing computer hardware and software, specifically for Texas Instruments computers. He not only created replacement parts for the computers but also designed circuit boards and employed people to hand-solder the devices. However, with the rise of Windows in the 1990s, his business began to decline as the demand for Texas Instruments systems decreased. As a result, Gary adapted and transitioned his business into custom PC building and eventually repairing video game systems. He discovered that while repairing game systems, there was a limitation in programming them compared to computers from the 70s and 80s. This sparked his curiosity and interest in unlocking and programming these systems, leading him to switch from manufacturing to repairing and modifying game consoles. Overall, Gary's journey showcases the adaptability and evolution of businesses and the importance of embracing new technologies and markets.

    • The battle between game companies and modders for control over gaming systemsGame companies like Nintendo resisted modifications, but determined individuals and developers found ways to bypass restrictions, leading to advancements in technology and the development of stealth chips to combat piracy.

      Video game companies, particularly Nintendo, have historically been resistant to allowing modifications and customization of their gaming systems. They wanted complete control over their consoles and the games that could be played on them. This was evident in the NES, which had strict licensing requirements and a lockout chip to prevent unlicensed games from being played. However, there were individuals and game developers like Codemasters who were determined to bypass these restrictions and explore new possibilities. This led to a cat-and-mouse game between the game makers and those seeking to modify their systems. Ultimately, advancements in technology forced companies like Electronic Arts to add more protection against piracy, leading to the development of stealth chips.

    • The Game Genie: A Triumph for Fair Use and Consumer Rights in GamingThe legal battle between Codemasters and Nintendo over the Game Genie highlighted the importance of fair use and established game-modders' right to modify systems and games for personal use.

      The development of the Game Genie by Codemasters and its subsequent legal battle with Nintendo showcased the importance of fair use and consumer rights in the gaming industry. Despite Nintendo's claims of copyright infringement, the judge ruled in favor of Galoob and the Game Genie, stating that the device did not create a separate copy of the original game, but rather added to it. This ruling marked a significant victory for game-modders, as it established their right to modify systems and games for personal use. Additionally, the discussion highlights the contrasting attitudes of console-makers and PC-makers towards copying and backups, with PC-makers embracing the right to make personal copies under Section 117 of the Copyright Act.

    • The Rise of Piracy and the Fall of the DreamcastThe Dreamcast's downfall was not solely caused by piracy, but rather by the superior performance and DVD-playing capability offered by the PlayStation 2, which quickly overshadowed it in sales and popularity. Mod chips, often associated with piracy, actually enhanced gaming systems.

      The rise of piracy did not single-handedly wreck the Dreamcast console. While it is true that pirating games became possible through clever manipulation of CD writing methods, the downfall of the Dreamcast was primarily due to the launch of the PlayStation 2, which offered superior performance and the ability to play DVDs. The emergence of the PlayStation 2 quickly overshadowed the Dreamcast in terms of sales and popularity. Additionally, the conversation highlights the development of mod chips like the Messiah and Enigma, which allowed for the enhancement of gaming systems by bypassing anti-copy protections and enabling the addition of features such as bigger hard drives. These mod chips can be seen as accessories that enhance the gaming experience rather than promoting piracy.

    • The Impact of the Digital Millennium Copyright Act on Video Game PiracyThe DMCA enforcement against mod chip makers and illegal game copying protected video game companies but hindered consumer rights and technological advancement, prompting a need for alternative solutions to combat piracy.

      The introduction of the Digital Millennium Copyright Act (DMCA) in 1998 created new rules for copyright infringement in the digital age, specifically targeting mod chip makers and illegal game copying. The video game makers used the DMCA to protect their anti-piracy controls, arguing that mod chip makers were circumventing these controls. The courts sided with the video game companies, leading to the inclusion of anti-copy protections by PC game-makers. However, this approach hurt the regular consumer and stifled technological growth. The conversation suggests that while piracy does result in lost revenue, there may be better ways to address the issue. It also questions whether treating game system owners as "attackers" is too aggressive towards customers.

    • The importance of trust and respect in customer relationships and the role of online forums in fostering connections and opportunities.Building trust and treating customers with respect is essential for businesses to foster loyalty and maintain a positive reputation. Online forums can also play a significant role in connecting people and creating opportunities without physical interaction.

      Trust and respect are crucial in maintaining a good relationship with customers. By treating customers with respect, even in situations where they may be perceived as scammers or bad apples, businesses can foster loyalty and create a positive reputation. The example of the train system in Austria demonstrates how trust in the majority of people can lead to a more efficient and enjoyable experience for everyone involved. Distrusting loyal customers can lead to negative consequences and harm the relationship between the business and its customers. Additionally, the conversation highlights the role of online forums in connecting people and creating opportunities, even without physical interaction. Trust can be established through consistent communication and understanding.

    • MAXiMiLiEN's Pirate Past and Mod Chip BusinessDespite facing legal action, MAXiMiLiEN persevered in his mod chip business, with the French courts ruling in his favor for allowing developers to bypass Nintendo's restrictions.

      MAXiMiLiEN, the main character of this story, has a history in the piracy scene and has now ventured into the mod chip business. Despite serving time in prison for stealing calling cards, MAXiMiLiEN got back into the pirate scene and purchased the website Divineo to sell mod chips. He also bought the popular modding forum maxconsole.com to market Team Xecuter's products. However, this drew the attention of Nintendo, who took legal action against Divineo for infringing on their intellectual property. Despite facing fines and legal battles, MAXiMiLiEN continued his business operations, finding alternative avenues to source his chips. The French courts ruled in his favor, citing that his mod chips allowed developers to bypass Nintendo's restrictions and play home-brew games.

    • Limitations and Backlash Faced by Nintendo and Sony Gaming ConsolesBoth Nintendo and Sony faced criticism for restricting access and customization options on their gaming consoles, leading to demands for more freedom and open-source solutions from the gaming community.

      Both Nintendo and Sony faced criticism for limiting access and customization options on their gaming consoles. Nintendo received backlash for putting locks on their game system, preventing users from building on it. Sony faced criticism for releasing the PlayStation 1 Mini with only a limited selection of games and no option to add more. The gaming community expressed their desire to have the freedom to play any PS1 game they wanted on the console. While Sony used an open source emulator for the PlayStation 1 Mini, they charged for it, which contradicted the spirit of free and open source software. The conversation also mentioned the modding community's ability to bypass restrictions and play any PS1 game on the console. Additionally, MAXiMiLiEN marketed circumvention devices like the True Blue Mini to allow users to play pirated games.

    • MAXiMiLiEN: The Rebel Modder That Divided Opinions and Challenged the Game-making Industry.The controversial modder MAXiMiLiEN sparked debates about his motives - was he a champion for user access or a profit-driven individual? The presence of illegal products on platforms like Amazon also raises questions.

      MAXiMiLiEN, a modder involved in the game-making industry, had a rebellious mindset and saw himself as a hero to players. Despite multiple court cases and a significant amount of fines owed to game system makers, he remained unfazed by the consequences. While many people appreciated the products he released, there is debate about his true intentions. Some believe he genuinely wanted to give users more access and unlock the game systems' potential, while others view him as a business-minded individual looking for unique ways to make extra money. Furthermore, the conversation reveals the existence of illegal products, such as mod chips bundled with pirated games, being sold on platforms like Amazon. It raises questions about why game system makers are not actively suing Amazon or trying to take down such listings.

    • The SX Pro controversy and the clash between licensing agreements in the software industryThe debate over profiting from someone else's code and violating the spirit of licensing agreements, as highlighted by the SX Pro case, sparks ethical concerns and the need for stricter security measures.

      The controversy surrounding the SX Pro highlights the conflict between the letter and the spirit of licensing agreements in the software industry. While Max's decision to charge for the pirated software, SX OS, and use a licensed open-source emulator, Atmosphere, angered many users, it also brought attention to similar cases like Red Hat charging for free and open-source Linux software. The debate revolves around whether it is ethical to profit from someone else's code and the issue of violating the spirit of the GPL license. Additionally, the extreme measure taken by Max to protect the software by breaking users' Switches was seen as excessive and unfair. Despite the backlash, the SX Pro's success made Nintendo take action to patch the vulnerability and stop Team Xecuter's operation.

    • Gary's Journey: Modded Chips, Moral Guidelines, and Life in the Dominican RepublicGary faced legal challenges, but upheld moral guidelines while creating modded chips. Ad revenue from Maxconsole supported his life in the Dominican Republic until the pandemic brought new hardships.

      Gary had the knowledge, opportunity, and motivation to create and improve modded chips. However, Max, his colleague, wanted him to stay at arm's length from the process in case any legal issues arose. Gary had moral guidelines and enforced rules on Maxconsole, such as not allowing links to pirated content or ads for SD cards filled with chips. There were instances where Gary received enforcement letters from companies like Rockstar, Activision, and Sony, and he took immediate action to comply with their requests. While Team Xecuter mainly enabled devices to play pirated games, Gary stated that he didn't directly profit from the sale of these devices. He moved to the Dominican Republic, where the ad revenue from Maxconsole supported his lifestyle for about nine years. The pandemic further affected Gary's life as he faced strict lockdown measures in his country of residence.

    • Unjustly expelled and arrested: Navigating the complexities of immigration and legal systems in unfamiliar environments.Fair treatment and understanding are crucial when facing immigration and legal issues in unfamiliar environments; legal representation and proper communication channels can make a significant difference in such situations.

      The individual experienced a traumatic and unjust series of events that led to their sudden expulsion from the country and subsequent arrest on multiple serious charges. Despite their pleas and confusion, they were subjected to mistreatment and a lack of communication. This highlights the vulnerability and unpredictability that individuals may face when dealing with immigration and legal systems in unfamiliar environments. It also emphasizes the importance of legal representation and proper communication channels to ensure fair treatment and understanding of one's circumstances. The situation serves as a reminder of the potential consequences of expired visas and the need to adhere to legal requirements while navigating international boundaries.

    • Legal Consequences and Financial Struggles in Video Game Piracy CaseThe impact of intellectual property infringement in the gaming industry can result in severe legal consequences and financial hardship for the individuals involved. Collaboration and action from major gaming companies are crucial in combating piracy.

      Gary, a member of the video game piracy group Team Xecuter, faced legal consequences for his involvement in intellectual property infringement against Nintendo. He was sued by Nintendo for $10 million in damages, based on their estimation that the hacking of the gaming system led to a decrease in game sales. Gary's attempts to fight the lawsuit proved futile as Nintendo argued that the damages could be even higher considering the sales of other hacking devices. With no support from other victims or co-defendants, the FBI focused their efforts on pursuing legal action on behalf of Nintendo and other smaller software developers affected. Interestingly, other major gaming companies like Sony showed no interest in collaborating with the FBI, highlighting a lack of concern for piracy issues within the industry. Ultimately, Gary's financial situation becomes dire, as repaying the $10 million becomes nearly impossible.

    • Gary's Legal Troubles and Unusual PunishmentGary's involvement in illegal activities led to a guilty plea, 40 months in prison, and a hefty restitution. The fairness of the sentence is questioned, while challenges persist even after release.

      Gary faced a difficult legal situation due to his involvement in illegal activities related to the PS1 Mini. Despite not having a physical victim, he pleaded guilty to charges and was sentenced to forty months in prison. Additionally, he was ordered to pay $4.5 million in restitution, bringing the total amount to $14.5 million. The judge's intention to make an example out of Gary raises questions about the fairness of the sentence and the concept of unusual punishment. Moreover, as a Canadian citizen, he may not be obligated to pay the federal crime restitution. However, Nintendo ensured that garnishment of his wages, enforceability across countries, and the inability to declare bankruptcy would secure their payment. Despite serving time and making payments, Gary's release in 2023 led to his immediate detainment by ICE, highlighting the challenges he faced even after prison.

    • Rebuilding and Aspiring: Gary's Determination and MAXiMiLiEN's ConfinementDespite challenges, Gary strives for a fresh start while MAXiMiLiEN faces limitations. Nintendo's success is tainted by controversial decisions, highlighting the need for growth and enhancement.

      Gary is determined to rebuild his life from scratch despite his health problems. He aspires to become a freight broker and hopes to return to the Dominican Republic one day. On the other hand, MAXiMiLiEN appears to be living a comfortable life in France, but is confined to staying there due to being sought after by the FBI. There is speculation that MAXiMiLiEN may have cashed out his cryptocurrency assets during the rise of Bitcoin, giving him financial stability. Nintendo, despite its $3 billion profit, continues to harm its brand by opposing Super Smash Bros. Melee tournaments, which are beloved by fans. While Nintendo holds nostalgic value for many, there is room for the company to grow and improve.

    Recent Episodes from Darknet Diaries

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    137: Predator

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    La pirateria ha fatto anche cose buone

    La pirateria ha fatto anche cose buone

    Di recente ho guardato (e portato qui sul podcast) Orange Road.

    Non sarebbe questo un fatto di particolare importanza se non fosse che il solo tentare di guardare Orange Road non si sia rivelato essere complicato, frustrante e persino contrario ai i miei principi morali.
    La mia salvezza? La pirateria.

    Support the show

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    There may or may not be a sidetrack on redheads in the Marvel Universe. Just sayin'.

    If you enjoy the episode leave a comment and let us know! We had fun with this one, hopefully you do too!

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    A hair stylist’s 4x4

    A hair stylist’s 4x4

    This week, Josh Cleland is back on Unfinished Business. We talk about updates on our various piracy issues and whether it’s necessary to add copyright notices or watermarks to our work. We also discuss why people at large put a low value on creative work.

    Thanks to our sponsors this week, GatherContent, Forge and the Dot York conference. Get 20% off your GatherContent subscription for life, and 50% off Forge for two months when you use the offer code unfinished.