Ohio Mod Chip Suspect Chronicles Raid, Aftermath

Ohio Mod Chip Suspect Chronicles Raid, Aftermath

August 4, 2007

An Ohio man was reduced to sleeping in his car following this week's mod chip raid by agents of the U.S. Immigration and Customs Enforcement (ICE).

As reported by Xbox Scene, the suspect, who goes by the screen name FallsInc, penned a first-person account of what happened when the feds came calling:
 

When ICE hit me, they had a warrant for my grandma's house where I had all my packages sent... They took anything that was related to gaming... They showed me the list of modchips that they collected, and asked me if I ever imported modchips from Canada...


 

They took my laptop, and desktop, and the soldering iron (which was one of their main things to find for some reason)... 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 DMCA...

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... 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.

 

Comments

Many may not like that law(i dont like it) but it is the law, you do remember the law dont you?!
He should have just slapped a sticker on them that says "For Tobacco Use ONLY" That should work, right?

Seriously, he should have known what he was doing had a good chance of getting him into trouble eventually. That is the choice he made. He was making money doing something that was illegal, its as simple as that. Some of you say go after the people pirating the games, well if this guy wasn't doing his thing, what good would those games be? Its a circle of life thing. You don't have to agree with the law to see that it was only a matter of time before the long arm reached out and tickled him.
I'm having a hard time feeling bad for this guy, Am I heartless? Should i be sympathetic toward criminals and thieves once Johnny law finally catches up with them and they can no longer maintain what lifestyle they have? McDonalds is always hiring, and if you really miss your soldering irons they are well within the means of a Micky D's employee.
Huh? What countries have laws against "unauthorized modifications"? If its clearly stated when sold, I'm not aware of any such laws. Guess the car modders are going to be raided next. Actually, those people are a hella lot more dangerous, it wouldn't be a bad idea.
The problem here, isn't the modded systems themselves, it's the selling of the modified product. He got in trouble for charging money to modify other peoples systems. It violates copyright law, and honestly it's not really that unreasonable, almost all consumer/retail products are protected from unauthorized modification in some way. Sure they went overboard with the punishment it sounds like, but he was targeted because he was part of a problem, if he's smart, he won't be a part of that problem anymore when the situation cools down.
@EOTD

Actually, there are different laws to govern corporations than to govern the individual.
My point therein being that a corporation shouldn't be able to start a manhunt for individuals doing nothing wrong, nor should a head of a corporation (I'm lookin at you Gates) be able to tell the government what to do.
I think it's a kind of snowball effect. Modders use modchips. Modchips can be used to cheat copyrights. If you cheat copyrights, you're a criminal. If you're a criminal, then you're undermining the authority of the US Government. And, finally, the stereotypical belief is that only terrorists and illegal immigrants would undermine the authority of the US Government. Therefore, being a modder would be up there with being a terrorist or something.

I dunno, that's my theory.
It may be cheaper to crack down on the modders but it's still bullshit. They aren't going after the pirates because they know that the pirates will relocate and set up again quickly. Remember it only took The Pirate Bay a couple days to get up and running again after they were busted in sting last year.
Its cheaper to crack down on the modders the pirates spend thousands on blanks and hardware they actuality put money into the system 0-o

yes I know I wear my tinfoil hat ,and when lighting comes to strike it can kiss my grits too :P
I think the biggest issue is that Homeland Security is in on the raids. What does modding a system have to do with terrorism or illegal aliens? If they could explain that to everyone it would help alot!
@Austin Lewis

Corporations are made up of (surprise!) members of the group you refer to as "the people". They're citizens of the US just like the rest of us, and deserve equal protection under the law.

That's not to say that they're in the right in this situation, under these laws: they're decidedly not. But I thought you (and several others here) could use a reminder that the big corporations are anything but faceless drones.
"Only obey the law if the law is right."
-Benjamin Joel Douthett
[...] There have already been some stories showing up online from people who have been targeted by ICE. According to GamePolitics, an Ohio man was raided this week and is now living out of his car. Xbox Scene posted his account of what happened: 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. [...]
@ZippyDSMlee
Yeah, fuck that. As a criminologist, last I checked laws were there for the betterment of the lives of the people, not the corporations.
@Rou

The thing is that crappy laws really need to be challenged not meekly obeyed. Hopefully we'll see a fair bit of that due to this crackdown.
Austin Lewis
there are a lot of lil left over export laws and other odds and ends on the books that have not been brought up to the realty of the digital age and all it will take is a couple corporations to get these things update in their favor and then software software will be region locked and then you'll be breaking one of the great holy laws set down from the man on high!

0-o
LOL
When the feds started changing their story from "you'll get your stuff back in 10 days" to "you have a better chance of..."/"this will look better in the eyes of...", I would have put a stop to it and said "Not without an attorney".

Even after leading them to the goods, I would not have allowed them to take the laptop since they didn't have a warrant for anything at that premises anyway

They are not going to be letting him go for being a good sport about it, although he should have got a real job instead of relying on his income from modchips

Also, what the story with not being able to visit his Girlfriend/daughter? That doesn't make any sense to me, how does DMCA stop him from seeing them?
@ZippyDSMlee
Oh fuck that, they better not try to say I can't do what I wish with my things. It's like saying you can't change the pickups on a guitar you bought.
I hope this doesn't affect importing games. Gyakuten Saiban 3 is coming out in Japan just shy of 3 weeks from now, and it'd be pretty bad if the RCMP raided my house just because of that.

Wait, there's no DMCA in Canada, right? I should be fine, right?
disgusting, disturbing, and makes me fucking sick.
This whole thing is just a mess.

Personally, I'm not much affected: I only own Nintendo systems at this point (because I don't have much money to spend), the DS isn't region-coded, and pretty much every Japanese Wii game, even the more out-there ones, is getting published for North America at this point. So I basically have no need for a modchip.

But if I felt the need for one, I'd probably find one. If I felt the need to modify my Gamecube so that it made waffles, I'd probably do it. If I bought the system, I can do what I want with it, whether it voids the warranty or not, as long as I'm not making copies or anything like that.

It's a good idea to crack down on those using modchips to make illegal copies of games. Really, that backup copy argument is flimsy at best - if your games are breaking regularly, you need to be taking better care of them. Honestly, the sense of entitlement some people have is annoying.

Still, full-scale raids like this shouldn't be happening at all, especially not without proof that the person is making illegal copies rather than just playing foreign games. There are better things for the ICE to be doing, and even though that doesn't mean that the issue should be ignored, it DOES mean that they shouldn't be conducting a 16-state raid and confiscating everything vaguely related to video games in the suspect's house.

It reminds me uncomfortably of that incident in January when the FBI, reacting to a threat some kid made over Xbox Live, confiscated the Xbox itself, even though the system doesn't store the conversation (story here: http://www.10tv.com/?sec=news&story=sites/10tv/content/pool/200701/80673...).
@Johnny

You're missing his point. This isn't about executing the law, it's about going overboard. His life is effectively ruined because of what heinous crime? Modding X-Boxes out of his house? There are coke dealers that get better treatment. And that's what's important. Yes, I would want the person caught who vandalized my car, but not if it meant the police took men off more important investigations to go raid the guy's house and make his life a living hell.
Austin Lewis
they already have thos laws in place they are jsut not enforced...yet ^^

Johnny LaRue
thank you for supporting the status quo,next you be saying I do not have the right to backup the software and media I buy because I can always buy more of it,its shepple like you that help herd us right into fascism ....
not to mention noncommercial homebrews.
Why should someone pay another 120 dollars to buy a NTSC J PS2 so they can play the game when they can mod their own equipment to play the game for less? Why shouldn't I be able to attach whatever the fuck I want to my PS2?

Whats next? Laws enforcing what programs I can have on my computer? What parts I can put in my rifle? What kind of radio I can have in my car?

This sets a bad precedent.

If he was burning discs, that is one thing, but simply modding your system is no crime.
Brown vs. BOE was archaic and no longer needed.

The guy knew he was doing something illegal and to say oh lets go after terrorists or illegals is all well and good but the fact is the guy broke the law. Does this mean if someone vandalizes your car it's ok for the cops to do nothing since the vandal is not a big threat in the grand scheme of things?

I missed the memo that says big companies have no protection under the law. To think Sony and MS are faceless evil corporations that make billions therefore the rules of the law should not be enforced when it comes to them reeks of class envy.

For example, how hard is it to purchase a Japanese PS2 to play Japanese games on? I can't support the modder on this one or feel sorry for him.
WHEN will people fucking stand up and say "ENOUGH" to this bullshit. I mean really, everything that's going on... Folk need to stand up and start giving a shit... I am SO glad I don't live in the US, but this is insane, disgusting and despicable.
Im wondering why we as consumers are not rioting and burning down ICE headquarters and/or taking this thing to the supreme court oh...forgot thats the same court that repealed brown v board of education...nvm were screwed >.
I really hate the DMCA.
The ECA should get involved. Pay to represent anyone who ends up in court because of this bullshit (provided they weren't actually pirating games).
Um ... why exactly "can't" he see his girlfriend and daughter?
Is there a legal bar on him visiting him, as implied, or is it something else?
@Austin Lewis

Well, they've run into all kind of political trouble with trying to enforce the immigration side of things, so I guess they decided to work on the customs part for a while.
Also, what the hell is ICE doing raiding houses? Why don't you go find illegal aliens in the country first?
@Ben.
It had nothing to do with Bush. Stop blaming this stupid shit on him.

Having said that, this is some of the most retarded witch hunting I've seen. We need to fix a lot of other problems in the country before we go facist on Bill Gates' orders.
It doesn't say whether he had illegal game copies or not. From the last sentence, I'd say it's possible he did. However, the most the actual modding of the console should do is void the warranty. There are those that just want to add to the capabilities of and/or play imports on their console. Others make backups of games they own, new and classic. Go after the ones distributing them online.

Where does the ECA stand on this?
ugh...modders aren't the problem. They can make let you play games that you couldn't before (play Japanese games on a US console) or even do something you couldn't normally do (like play custom songs on GH2).

This is a low blow....
@Terminator44

That's the rub, it's only stealing if you play games you are not in possession of a legal copy of. Except that the DMCA made anything that circumvents copy protection illegal regardless of reason. Given that many mod chips need to circumvent the bios that include the copy protection stuff thats what's supposed to make them illegal.

That's why people tend not to like the DMCA, it stomps all over fair use.
Disgusting, fucking disgusting what they did to this man.
Illegal copies of game I can understand, but why crack down on modders. There can be many reasons for getting a mod on your console. Maybe you want to play that game that you got legaly in Japan? Maybe you found an imporvement for the system? WHo knows, but using force against someone for any of these reasons is bullshit and wrong.

This in the one thing that I dissagree with the ESA about. Just because the buyers are the easier ones to find does not mean they should be the ones to suffer the law. Go after the mod makers first, and then go after the consumer IF and only IF the problem does not stop at the source. To do anything else is the DICK move.
I've been quiet on this issue for quite some time, but as a fellow Buckeye, this really hits close to home.

Aside from the fact that the DCMA is overzealous to say the least, why only modchips? I assume you have to buy the console for those chips to be of any use, and if you own it, why is it you can't do anything with it the company didn't intend? The assumption that this guy is taking food off anybody's plate is highly suspect. It isn't stealing if you own the modded object, and to me that should be the barrier.

Preserve the rights of the consumer, godamit. The big guys should not be allowed to use the force of law to take out the little ones. That's not a free society.
Spoiler: Dossiers created from data-mining will be used to hunt down people who support modding.
@Gray17 -

"...crappy laws really need to be challenged not meekly obeyed."

Right on! A weak or debatable law that serves a legit purpose can only become stronger through challenge. A weak or debatable law of asinine value that is challenged is bound to fall, thus justice prevails.
This is utterly disgusting. Instead of going after the people who make the effing modchips, they arrest the customers en masse. I'll bet anything Bush is behind it.
I dunno. Sure, it's a waste of resources for the feds to bother, but... it's still illegal. And these people all knew it when they started out. The DMCA is a crappy law, but it's still the law.

GamePolitics ShoutBox

Posted 11/23/09 at 07:56am
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DarkSaber: Anyone been following this Hadley Climatic Research Centre server hack story?
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ZippyDSMlee: AE:they feeding you well? I am enjoying win7 and heading to bed...uhg I need to get up early and start back to cleaning/painting blahg >< need tog et stuff done befor thanksgiving....
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Andrew Eisen: Just got home from an eight hour recording session at Capitol Records. A lot of fun but damn exhausting.
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BearDogg-X: 10 N. O. Who Dat?
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ZippyDSMlee: JD:I think doc phill is still sout about the break up with his wife he dose not fill holes as much as make them bigger these day
Posted 11/22/09 at 12:06am
JDKJ: You should get Phil McCraken to help you spackle those banisters.
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ZippyDSMlee: Oh in the pirate hunter article I need my song ieda heckled DS,JD,Beemon sic im !!!
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ZippyDSMlee: JD:no I am tried from prepping the banisters for painting , worked on them from 12 to 4 and 6 to 8...after I got back from the store...got up early got ready...blah...been up all day..I need a nap...
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JDKJ: No. You gonna stay up late tonight soldering?
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ZippyDSMlee: JDKJ:Don't you mean Mctite?
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Flamespeak: I still think military personell, killing other military personell, on a military complex should be handled by military courts.
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Flamespeak: I could see this a mixture of the two charges rather than just one or the other.
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mentor07825: Britain certainly does deserve it! And the French! God damn it, it was a hand ball!!!
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ZippyDSMlee: mentor07825:Well Brittan dose deserve it....
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