Modder got unfairly owned thanks to BS'ed interpretations of laws

[Mr Buckshot]

Raid casualty comes forward to tell his story
>> HSD - Hours before the raids were news and broadcast across the net and the mass media, an XS member (FallsInc) tried to warn those of us in the inner circle that the noose was about to tighten around US Modchip shops. In all honesty many amongst us didn't give too much credence to the tip. Those of us running this site aren't running Modchip shops. To our Utter shock and dismay, hours later we watched as one shop after another in the US market either went down, stopped answering the phones and stopped taking orders. Shops, big and small across 16 states were raided, and had modding, piracy, and alot of unrelated goods and materials confiscated under the wide brush strokes of the DCMA.

The following is a firsthand account, written in his own words of the last 24 or so hours in the life of FallInc.

FallsInc - When ICE hit me, they had a warrant for my grandma's house where I had all my packages sent. They had a picture of the house, and a description of it, meaning they were ready to come find me. When they were there, they didn't find much, since I hadn't had my computer and most modding stuff there for a while, but I continued to have the orders sent there for security of the packages. They went in the house and woke everyone up and watched them get dressed and started going though everything that was in my old room, and the stuff I had in the garage. They took anything that was related to gaming. They opened all the mail I had waiting for me there (which included someone's Xbox and $150 for a mod and 400gb), and took all the consoles and all console parts that I had stored there they even took my original xbox1 games, that were in retail cases. They took my 360, power brick and video cable, while its modded with xtreme 5.1b, it has never had 1 single burned game booted on it. They also felt it necessary to take all my old Xbox parts, mostly dead, my controllers for the 360 and Wii (?) and packed it in a box, and left.

They got my phone number from my grandma and they called me, but I was sleeping, just like everyone else in Ohio. They eventually figured out where I was, and came to find me at my girlfriends' house. They asked me about modding and what I did, and how I did it. They showed me the list of modchips that they collected, and asked me if I ever imported modchips from Canada. I told them I did, but I didn't know it was a Canadian site until after I made the order. They asked me how much money I made, and how many mods I've done, and how many chips I still had, and where they were and where my computers were.

I wasn't forced to turn over my stuff since they didn't have a warrant for where it all was, but they told me that if I volunteered it, it would look better when the case is reviewed. They also said that I would have a better chance of getting it back (at first, they promised that I would get it back in 10 days, but once we got to the location, that was changed to "better chance" and "looks better in the eyes of XX". I did the only thing I felt I could do, I let them take what they wanted. We went to where I had my workshop area. They took my laptop, and desktop, and the soldering iron (which was one of their main things to find for some reason). All the chips and relative parts were taken on the recommendation of the computer forensics guy who was to be doing the analysis on my things.

In their defense, the ICE people who came to my girlfriends house were nice people, and they tried to help me make the right decision. I knew they were just doing their job, but I have been out of work since early may, and modding is the only thing that was keeping me above water with the bills. Now I can't mod, and I can't even sell anything off to pay for bills either since it has all been confiscated due to a ludicrous interpretation of the DCMA. Now it's all said and done, and I just have to wait for them to decide what I did wrong, but while I'm waiting, I have NOTHING of any worth anymore, other than a computer monitor, and my car. Because of what happened I'm not allowed to see my girlfriend and our 4 month old daughter, and last night, I slept in my car and my girlfriend sent me a text message telling me it felt like someone was taking me away from her. They took my life away. I would like to formally thank Microsoft and Nintendo for cracking down on the little guy with a soldering iron in his garage, rather than going after the people that are responsible for the bootlegs being available.

HSD - Xbox-Scene and it's affiliate sites do not condone or endorse piracy, however we do strive to discuss, educate, and explore methods of modifying and operating game consoles in ways not originally intended or envisioned by the manufacturers. We whole heartedly believe in the right to backup your investment. This act in and of itself isn't legal in many jurisdictions. Running a "modchip" store, site or service in many jurisdictions isn't legal. XS advises that anyone, regardless of country you are in take the time to educate yourselves on what is legal, and not legal in your jurisdiction. FallsInc wasn't some large modchip site or service. He was an individual making a few coins on the side. While his story won't be the last we'll hear about the raids, we do encourage everyone reading, especially those in the US to take the time and the measures necessary to ensure that you won't be in the next batch of raids.

This isn't JUST a problem for the United States. Europe isn't exempt from the broad strokes of the bloated DCMA legislation. Europe in 2001 passed the EU copyright Directive which has many similarities to the DCMA. There are many good resources on the net about the DCMA and the EUCD. Wikipedia is a good start Digital Millennium Copyright Act (http://en.wikipedia.org/wiki/DMCA).

I'd like to thank FallsInc for coming forward and sharing his story with us.

I mean, the guy just modified hardware in order to change his games a little, not to pirate games. The real criminals are the distributors of pirated software.

[Bodzilla]

wow.

what an absolute load of horse shit. putting hte smack down on a fella who mods xbox's when they could of attacked the source.

wat a fucking fail. poor guy.



-LkWKvMCzqA
the lighter side of a troubling issue

[Kornman00]

Dude. Makes me wish I could do something about this :/


The higher side of a troubling issue http://gbxforums.gearboxsoftware.com/images/smilies/smirk.gif

647NxThCfy8

[n00b1n8R]

wtf zilla, you linked my vid >:U

also, fuck government :|

EDIT: just wached korn's vid:

WHAT THE FUCK??!!?!?!?!?!

[Bodzilla]

just wached korn's vid:

WHAT THE FUCK??!!?!?!?!?!

[Kornman00]

:lmao:

What, you don't consider pregnant men a troubling issue?

[Bodzilla]

not rly tbh. Just the Delivery.

Jack black Smothered in poop and Blood makes me horny. :sick:

[Agamemnon]

Yeah, in a country full of corruption, my heart is always light when they take down the small fish involved in games instead of corrupt politicians changing the face of our planet. GG!

[Mr Buckshot]

I agree, this is completely fucked up.

You know what's more insulting? The distributors of pirated software are more obvious and easier to find, yet these law enforcers don't target them. For example, in Hong Kong and Malaysia and parts of Singapore, people sell DVDs and video games for $5, and those are obviously copies. They sell it in the open in full view of the cops, yet they don't get owned.

[Agamemnon]

I imagine Microsoft doesn't have an influence over there like they do at home, but I always love to hear how American tax payer's money is being spent on raiding video game pirates. After all, video games are detrimental to our society and effect our economy on a grand scale.

[TeeKup]

Kornman.

Just what in gods almighty kingdom did I just watch.

[Kornman00]

The affects of LSD on your brain.

[TeeKup]

Right then....

Well I suppose I'm off to lunch.:hist101:

[Pooky]

-.-

Great, so soon enough we'll be getting raided by the Microsoft secret police.

[Kornman00]

Dressed in MJOLNIR armour :neckbeard:

[DaneO'Roo]

647NxThCfy8

ROFL

[Warsaw]

I imagine Microsoft doesn't have an influence over there like they do at home, but I always love to hear how American tax payer's money is being spent on raiding video game pirates. After all, video games are detrimental to our society and effect our economy on a grand scale.

I wouldn't say detrimental (it's the responsibility of the parents to decide what their kids play), but it is a massive part of the economy.

Also, this makes me dislike the US government even more. It isn't run by people or fundamental values; it is run by corporations and money.

[n00b1n8R]

I am sooo not doing that shit >___>

[TeeKup]

Also, this makes me dislike the US government even more. It isn't run by people or fundamental values; it is run by corporations and money.

Well no shit. The people that run the country are nothing but zealot conservatist oil mongers.

[Kornman00]

Well no shit. The people that run the country are nothing but zealot conservatist oil mongers.
aka wolumists :-3

[klange]

Just want to pop this in here:
Was it legal to do what the government did to him? Yes.
Was it right? No.
Even when ethics fights the law, the law wins.

[Kornman00]

I AM the laww [/dred]

[Warsaw]

Well no shit. The people that run the country are nothing but zealot conservatist oil mongers.

Liberals are no better, mind you.

[TeeKup]

Liberals are no better, mind you.

Agreed, you have to find the people who are in the middle(like most of us here im guessing), which is really hard to come by for people in office.

Thats the hilarity of the american justice system, we're technically the employers of those who are in office, but the moment they get IN office, we can't really do a damn thing to stop them.

[n00b1n8R]

That's one of the many problems I have with democracy (not saying I know of any better systems..)

[Warsaw]

I am inclined to agree.

We technically could do something about it, but that same device for improvement is also illegal under the Constitution.

Revolution.

The other problem is that most of America doesn't vote. We should have a mandatory voting law, similar to Australia's.

[TeeKup]

I am inclined to agree.

We technically could do something about it, but that same device for improvement is also illegal under the Constitution.

Revolution.

The other problem is that most of America doesn't vote. We should have a mandatory voting law, similar to Australia's.

That's america's problem, It's my understanding that we're in need of a small revolution amongst society. Our currenty society has become restless with how things are done and with certain prejudice's amongst the people. It's just our government won't allow it.

[Warsaw]

Or too many people are ignorant/content with the situation around them. This is partially why we need to keep firearms alive, because the day will come, whether we live to see it or not.

[Agamemnon]

I wouldn't say detrimental (it's the responsibility of the parents to decide what their kids play), but it is a massive part of the economy.
I'll have to remember to apply the sarcasm thicker for you.

[Warsaw]

Please do (I like a good laugh). I don't catch it too well from certain members on here for some odd reason.

[TeeKup]

Or too many people are ignorant/content with the situation around them. This is partially why we need to keep firearms alive, because the day will come, whether we live to see it or not.

Thats partially the problem, for some reason the people are too ignorant and trust our leaders too much, just throwing out the possibility that they may become corrupt.

[Warsaw]

Guess what it all boils down to: capitalism. I am not saying communism (sticking to economics here, not political systems) is any better, but capitalism allows greed to prosper, and actually encourages it.

[Agamemnon]

It boils down to your childhood and the seeds that are planted into your mind that end up constructing your moral compass later on in life.

[TeeKup]

Guess what it all boils down to: capitalism. I am not saying communism (sticking to economics here, not political systems) is any better, but capitalism allows greed to prosper, and actually encourages it.

Very true. In theory communism was perfect, no one on the streets, everyone had a reasonable amount of money. Problem was there was no real individuality, things were too linear. Things NEED to be different, its our differences that make our race perfect so to speak.

We're probably going to have to stick with our current form of government for a good while till something better comes along. The sad reality.

[Warsaw]

@ Agamemnon: I concede that point to you as well. Problem is, most people are not brought up properly.

The problem with communism was that it didn't fit human nature, where capitalism fits it too well.

[TeeKup]

@ Agamemnon: I concede that point to you as well. Problem is, most people are not brought up properly.

The problem with communism was that it didn't fit human nature, where capitalism fits it too well.

Yes, we over shot when we chose capitalism really. lol I've rather enjoyed this little debate.

[Agamemnon]

There is no problem with Communism really, it's just more so, as you guys said, a problem with people. Communism failed for many reasons in Russia and among one of the many reasons was that if everyone was getting paid the same for different jobs, then there was no work incentive. Unfortunetely, a work incentive translates to wanting to make more money, whether for personal gains or not, and it's why Capitalism thrives.

[Warsaw]

Agreed.

In the USSR, people were payed what they and their family needed to survive, and that was it (pay changed depending on family size and condition). Sometimes, one-shot bonuses were given to people who did more than their share, as well as national recognition. However, if what you did was TOO great, they would stifle you after awarding you. A perfect example is Mikhail Kalashnikov. He doesn't (and didn't) receive a penny for his invention (the AK). He has a pension of $100 a month, and he lives off of that. The Soviet system leaves much to be desired. The US system is pretty good, but there need to be some limits.

[Agamemnon]

That was another problem with the USSR though. They weren't Communists after Stalin took power. The Communist Manifesto does dictate that in order to set in the laws and regulations there would need to be a leader in full control of things, though Stalin never relinquised that control, and it just, in the end, became tyrannical failed Communism, or, as some call it today, Stalinism.

[Warsaw]

True. Stalin actually fought for real Communism, but after he saw the original conglomerate so choked with bureaucracy, he made a move and became dictator to get things moving, but never relinquished control, as you have stated. The Soviet Constitution was, in actuality, not so different from our own, it just was not followed.

Both of you have received extra reputation for having such an amiable manner in this conversation, by the way. You have my gratitude.

[Agamemnon]

Uh, Stalin was eventually corrupted by power. Trotsky would tell you that if he didn't have an ice pick in his back.

[Kornman00]

Whoa, who threw the nickel on the train tracks ;p?

[Warsaw]

Uh, Stalin was eventually corrupted by power. Trotsky would tell you that if he didn't have an ice pick in his back.

I've read up a lot on this (my avatar points to the fact). Yes, he did get corrupt, but in the beginning he was a devout Communist.

[Agamemnon]

He was eager for change and he was young. They all were, really. Stalin was just in his infantile stages of what he would eventually become.

It still didn't matter. The views of Marx still weren't executed correctly, not even by Lenin himself.

I did say "eventually" though.

[Warsaw]

Point for your cause.

I think we are all in agreement then, aye?

[Agamemnon]

Quite. Now to put this thread back on track.

Hearing about how Microsoft is cracking down on pirates and what not while not cracking down on their own greed makes me want to pirate a Microsoft product.

[TeeKup]

Point for your cause.

I think we are all in agreement then, aye?

Aye.

[Warsaw]

Quite. Now to put this thread back on track.

Hearing about how Microsoft is cracking down on pirates and what not while not cracking down on their own greed makes me want to pirate a Microsoft product.

Cue warez link (I don't actually have any).

[Archon23]

What you HAVEN'T pirated a Microsoft product yet?

[Warsaw]

Actually, no, I haven't. Not ever. Amazing, isn't it?


Honestly, I think there should be a court-ordered split of Microsoft.

[n00b1n8R]

they have those?

[Agamemnon]

XP Media Center hasn't bugged/crashed on me once. Then again, I didn't pirate it. :)

[Warsaw]

The most useful Microsoft product is the Windows Task Manager :haw:. I don't think you can pirate that without pirating Windows though.

[Emmzee]

The most useful Microsoft product is Minesweeper :haw:. I don't think you can pirate that without pirating Windows though.
:eng101:

[Bastinka]

I actually thank M$ sometimes, I'd hate to be stuck with a mac... User friendly my ass :(

[SnaFuBAR]

We technically could do something about it, but that same device for improvement is also illegal under the Constitution.

Revolution.

what the hell are you talking about? time to re-read and re-comprehend the constitution.

[Warsaw]

Any revolution that breaks a law is illegal and will be dealt with by police or military forces. The Constitution allows for revolution, but only through the established system, but it is virtually impossible to get Congress to pass any laws that would change how its members achieved power. I know what I am talking about, thank you very much.


Please, stop trying to troll on everything I post, it is becoming quite irritating.

[rossmum]

Stop arguing before I shit over you both, since I can't bring myself to take sides.

[n00b1n8R]

I agree with warsaw.

*shits on snaf*

[jahrain]

Hearing about how Microsoft is cracking down on pirates and what not while not cracking down on their own greed makes me want to pirate a Microsoft product.Steal from the rich and share with the poor?

[Kornman00]

Steal from the rich and share with the poor?
Not everyone here is poor jahrain http://gbxforums.gearboxsoftware.com/images/smilies/smirk.gif

[jahrain]

Not everyone here is poor jahrain http://gbxforums.gearboxsoftware.com/images/smilies/smirk.gif
Poor is a comparison. Your poor if compared to one who has by far allot more money than you. If compared to the amount of money microsoft has, I think it would be safe to say we are all pretty damn poor.

[TeeKup]

Stop arguing before I shit over you both, since I can't bring myself to take sides.

Side wit teekie, i gots robots n sniper rifles.

[Bastinka]

Stop arguing before I shit over you both, since I can't bring myself to take sides.
Your butt has that much capacity, leaving you with enough shit to cover 2 full grown humans with it?

[rossmum]

The excess comes out of my mouth in the form of big words. Though everyone knew that?

[SnaFuBAR]

Any revolution that breaks a law is illegal and will be dealt with by police or military forces. The Constitution allows for revolution, but only through the established system, but it is virtually impossible to get Congress to pass any laws that would change how its members achieved power. I know what I am talking about, thank you very much.


Please, stop trying to troll on everything I post, it is becoming quite irritating.
#1, the right to bare arms is to protect ourselves from overzealous gov't. up in arms is NOT illegal. get it straight.

#2, i'm not trolling on everything you post. don't try to think i'd give you that much attention. quite honestly, you don't deserve it.

[n00b1n8R]

theirs a difference between baring arms and up in arms.

[SnaFuBAR]

constitution is to protect the people, not the gov't ;)

hey wait a sec... this topic ain't about revolutions :lol:

anyways, i do agree, it's really stupid of the enforcers to exaust resources on the little people, rather than going after the suppliers, etc.

[Warsaw]

Congress has the right to defend itself from being dismantled by any domestic or outside force. Now do you see the problem?

The receiving people will be targeted as they are more numerous, making it more profitable to target them and win those cases. It's all about money.

[Cortexian]

*In Canada*

*Goes down into basement and adds some MORE lights to currently modded xbox*

[aka.mystery]

wus goin on in dis thrad?

[SnaFuBAR]

noob posting fashion warning coming up.

[aka.mystery]

lol
i havent paosted here for like 6 months

[SnaFuBAR]

and? you're shitting up the thread. stop posting like that.

[aka.mystery]

oh well

[Archon23]

Ahem I haven't had to do this in a while but,

Hey there. It seems that you need some proper teachings in the world of proper posting, may I introduce you to some of our friends!

Mr. Proper Spelling.
You know spelling words correctly like typing posted instead of paosted. The little time used to press backspace can help you have more intelligent posts.

Mr. Period and Friends.
You know the good ole period, exclamation mark, and question mark? They can be extremely helpful in making your sentences coherant. Adding a punctuation mark to the end of your sentences correctly is another step in making readable posts.

And finnally meet these fellas:
ABCDEFGHIJKLMNOPQRSTUVWXYZ
The capital letters! Put these in front of your sentences and any proper nouns like names and places.

Taking these few steps can help you become a better forum goer in no time.

Join me again next week for teachings in proper grammar structure. Have a nice day!.

Seriously stop posting like a fucking retard.

[Cortexian]

I know Mystery in real life, I'm going to beat him twice when school starts for both those posts.

*puts Xbox back together*

[Mr Buckshot]

wus goin on in dis thrad?

da stuff dat iz goin on in diz thrad iz abot how sum modder got trited unfarly becoz sum stooopeed cops fink hes pirater.

iznt dis post vairy annuuying 2 read?

You ask a question in that posting style, we reply you in the same fashion.

[Cortexian]

da stuff dat iz goin on in diz thrad iz abot how sum modder got trited unfarly becoz sum stooopeed cops fink hes pirater.

iznt dis post vairy annuuying 2 read?

You ask a question in that posting style, we reply you in the same fashion.
See my above post :) .

[flibitijibibo]

Buckshot: I know what you mean. Same thing happens in NYC actually.

Agamemnon the Overlord: Ew... Just having that on my screen gets Jack Thompson all over my office. Thanks a lot. But seriously, it is pretty gay to see how our money is being pissed away like this. A good money wasting story like this: A huge police force was busting what I guess was this major criminal in Annapolis, and they raided the wrong fucking apartment. That's right. They literally owned their front door, smoke grenaded the place, and kicked a random guy in the balls before realizing they busted down the wrong apartment. That's pretty much what we Americans spend our money on, money we don't even have.

Why hasn't anybody been jingling keys in front of Congress? That's all we have to do...

[Dr Nick]

http://pspupdates.qj.net/Over-450-consoles-seized-in-the-UK-for-modding/pg/49/aid/99383

I know it looks like a PSP thing, but it's about consoles in general.
Everyone's cracking down on games...

[Mr Buckshot]

But it's still glaringly true that in Asian countries, people sell pirated movies/games in full view of everyone, including cops. Don't see why the money can't be spent on targeting these idiots. I've walked by hundreds of such vendors, who sell the games/movies for like $5 singaporean each or something. Now if the FBI needs a bust, it's with these people.

[Kornman00]

Too bad they can't since its not america :awesome:

:/

[jahrain]

This is funny. It reminds me of when the RIAA started cracking down and suing random people for downloading music just to put a scare to the public and make an example out of them. They can't continue this for too long because doing this gives them an over all loss in money from filing law suits and investigations. They money they get back in return from cracking down on modders from all this is far less than what they spend cracking down.