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9 N.C. J.L. & Tech. 113 (2007-2008)
Mod Chips and Homebrew: A Recipe for Their Continued Use in the Wake of Sony v. Divineo

handle is hein.journals/ncjl9 and id is 117 raw text is: NORTH CAROLINA JOURNAL OF LAW & TECHNOLOGY VOLUME 9, ISSUE 1: FALL 2007 MOD CHIPS AND HOMEBREW: A RECIPE FOR THEIR CONTINUED USE IN THE WAKE OF SONY V. DIVINEO Phillip A. Harris Jr.' Sony v. Divineo appears to sound the death knell for use of mod chips within video game systems. With a three million dollar damages claim against a mod chip distributor, it is becoming cost prohibitive to sell these chips directly to consumers. The Digital Millennium Copyright Act, with its potentially crushing requirements, stifles the creativity and innovation of mod chip distributors and overlooks fair use as a defense for the use of mod chips. Fortunately, the next batch of legal forays into the world of mod chips may allow for better outcomes for mod chip distributors. With existing, valid arguments for significant noninfringing uses and lessons provided by other countries, victories in lawsuits against video game monopoly holders may not be far away. I. INTRODUCTION I hated Contra.2 I could barely make it to the third level before inevitably exhausting all three of my lives and having to start all over again. Whether I used a fireball gun, machine gun, or laser, I simply could not win. I would jump and crouch, but despite all of my valiant efforts, I would die. Until I acquired the Konami code,' 1 J.D. Candidate, University of North Carolina School of Law, 2009. Thanks to Gerri and LP for their love, to Professor Amy Flanary-Smith, Giovonni Seawood, and other editors for their help, and to my brother, James, who taught me to conquer those things bigger than myself, like a Recent Development. 2 1980s video game featuring two Stallonenegger clones (action heroes) seeking to overcome the evil Red Falcon, and known for its difficulty. Luke O'Brien, Up, Up, Down, Down, Left, Right, B, A: Remember When Gaming Was Harmless Fun?, SLATE, Aug. 10, 2007, http://slate.com/id/2171993/ (on file with the North Carolina Journal of Law & Technology). 3 See id. The code, named for the developer of the game, consists of the following button presses on the Nintendo controller: up, up, down, down, left, 113

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