Console Hacking, DMCA, and Jon Routson
There’s a very interesting discussion going on at Slashdot, about Matthew Crippen, a Cal State student who was arrested recently for possessing illegally modified XBOX, PS3, and Wii consoles, hacked to play pirated games (unmodified consoles will not read pirated discs). Crippen had hacked his machine for his own profit, but many new media artists, both amateur and professional, stretch their rights as end-users for the purpose of artistic experimentation. I’m wondering whether new media artists consider, when hacking copyrighted technology, laws like the DMCA as legitimate worries. Where should artistic license end, if anywhere? Almost nobody thinks Cory Arcangel hacking a Nintendo cartridge is untoward (although the default Photoshop gradient was a clear misfire in the degree to which it condescended its audience), but many people have lodged criticisms against the work of people like Jon Routson, who has filmed and exhibited bootleg copies and other people’s video art, mostly notably Matthew Barney’s Cremaster Cycle. Some support these kinds of gestures, arguing that they are in line with one of the original intentions of video art: to be infinitely reproducible. See Greg Allen’s New York Times article When Fans of Pricey Video Art Can Get it Free (2003). Roberta Smith also finds Routson’s work good enough to be rendered ethical in When One Man’s Video Art Is Another’s Copyright Crime (2004), in response his controversial 2004 show at Team Gallery in New York. How do the DMCA and other regulations affect practices that involve tinkering with hardware and software beyond the deliniations of Fair Use? How has the conversation changed since 2004?
Still from Chicago (2003) at Team Gallery — Jon Routson — via artnet

