Stardate 20030710.0020

(On Screen): In October of 2001, I predicted that someone would eventually figure out how to boot Linux on the XBox, turning it into a nice little server. I wrote about it again in June of 2002, when I predicted that it would happen within 6 months.

I was a bit optimistic, but not by much. Carol writes to say that it's been done.

It requires a hardware mod; a new chip has to be installed. I conjecture that they're changing a ROM. The effect is to bypass Microsoft's protection, making it possible to run software on the XBox which isn't authorized by Microsoft.

Which probably violates the DMCA. I think the DMCA is unconstitutional, but it's never been tested in court. This may bring it to a head; will Microsoft ignore thousands of people who might buy XBox's to mod and use as general purpose servers? Microsoft (and all the other console game companies) sell the basic units at a loss and make the money back on sales of games. If someone buys an XBox and mods it, they won't be buying any games, and MS will be out a considerable amount of money per unit.

I do not consider such modding to be immoral in any way. I think it's completely acceptable. If someone adopts a stupid business model, that's their concern. But while I do not condemn this, I think it's virtually certain that it violates the DMCA. I do not think the DMCA should be a law, but it actually is one.

A year ago I predicted Linux would run on the XBox in six months. Now I predict the first prosecutions under the DMCA within the next 12 months. Whether it's inspired by Microsoft or not, someone's going to land in court because of this, and we may at long last get that First Amendment court test of the DMCA we've needed ever since it was originally passed.