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
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.
Actually, there are different laws to govern corporations than to govern the individual.
I dunno, that's my theory.
yes I know I wear my tinfoil hat ,and when lighting comes to strike it can kiss my grits too :P
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.
-Benjamin Joel Douthett
Yeah, fuck that. As a criminologist, last I checked laws were there for the betterment of the lives of the people, not the corporations.
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.
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
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?
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.
Wait, there's no DMCA in Canada, right? I should be fine, right?
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...).
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.
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 ....
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.
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.
Is there a legal bar on him visiting him, as implied, or is it something else?
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.
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.
Where does the ECA stand on this?
This is a low blow....
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.
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.
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.
"...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.