ModChip Resellers being raided by DCMA?

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Xiion




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ModChip Resellers being raided by DCMA?

Post by Xiion »

http://www.xbox-scene.com/xbox1data/sep ... yVJWYQ.php
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.

I'd like to thank FallsInc for coming forward and sharing his story with us.
Just thought I'd share this with everyone. I was about to buy a Duox 2 GS modchip from divineo.us but they got raided for all their modchips, and are no longer in stock. *Cries* :cry:

It's terrible, although it was bound to happen. any thoughts on the matter? I would like to everyones opinion on this situation. and please don't lock or delete this thread.
Last edited by Xiion on Fri Aug 03, 2007 9:39 pm, edited 1 time in total.
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Post by JK-47 »

This is really sad... Why is the selling of modchips illegal, exactly? I don't see what it's hurting..
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Post by Trulife8342 »

Its true, I think its dumb that instead of going for the guys who rip games, they go for the people who give people like us an opportunity to do what it is that we do. And dont say that what he did was illegal, because im sorry to say but if it wasnt for people like him this site would not have gone anywhere.....
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Post by Lavix »

Trulife8342 wrote:Its true, I think its dumb that instead of going for the guys who rip games, they go for the people who give people like us an opportunity to do what it is that we do. And don't say that what he did was illegal, because im sorry to say but if it wasn't for people like him this site would not have gone anywhere.....
Agreed. Mod chips aren't hurting anybody this day in age. If anyone should be cracked down on it's Microsoft for their outrageous marketplace system.
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Post by CptnNsan0 »

I've never owned a modchip and never will. Softmodding is cheaper and just as good.
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Post by JK-47 »

I just read the whole story... It's horrible this guy's life was ruined just because of this... Like he said, they need go to after the people bootlegging games and such.. not the people who just want to modify games. I hope everything goes out good for him, and anyone else for that matter...
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Post by Xiion »

Tis a saaaaad time for modders everywhere :( I hope i can still get my modchip from a different reseller, i found a few sites that haven't been raided yet, but are trying to sell their stuff as quick as possible, because they were notified to cease and turn in all modchips, and earnings immediately, or they were to be raided. so i will try my best to have it sent to a friend, and then have him get it to me A.S.A.P.
The store is located in Canada, that is why I am using the security measure.
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Post by Trulife8342 »

Like call me a nerd or w/e but for real the fact that xecuter isnt making modchips anymore really makes me sad, damn man i was hoping for an X4 for 360......
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Post by TehBanStick »

Was it only modchips that were raided from stores?
They better still have things like Talismoon fans and new cases.

But I think they should have payed more attention to the people that put up games on BT.
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Post by Xiion »

the entire stores were raided. they took all things related to piracy, modchips, consoles, as well as some unrelated things.
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Post by ScottyGEE »

JK-47 wrote:I just read the whole story... It's horrible this guy's life was ruined just because of this... Like he said, they need go to after the people bootlegging games and such.. not the people who just want to modify games. I hope everything goes out good for him, and anyone else for that matter...
It is a big ask, lots of/more money would have to be spent researching and stuff. generally this is how it works, take out the distributors and take out future trouble makers. This is why things like Napster and Limewire or *insert generic torrent/p2p app here* go down...they aren't in the wron really, but its the people that use them do wrong so they cut off the source rather than trying to find one person.

Its just annoying though, that the xbox is not only dead, but the user bought it themselves, it is their property. A lot of the other stuff says your not to tamper with it but unlike p2p where people can download stuff they don't own, people actually own the xbox stuff and want to change things but cannot do so for fear of totally ruining your life with thousands in debt and jail time.
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Post by TehBanStick »

Xiion wrote:as well as some unrelated things.
^ Which is totally unnecessary.
I can see a need to take computers and games, but things like a soldering iron?

"See this camera? It may look like an ordinary camera, and have pictures from a recent vacation, but I can mod any console with it, or at least, thats what the DCMA says."
Pfft.
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Post by Xiion »

I know. it's complete and utter BS.
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Post by Tural »

They're conducting illegal activities. They knew the risks, they did it anyways. I fail to see why they gain sympathy for doing something they knew was wrong and could get them in trouble. They aren't innocent.
Last edited by Tural on Sat Aug 04, 2007 9:53 am, edited 1 time in total.
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Post by Xiion »

that may be true, but it puts a bad face on the modders who do it for personal use only, and not for profits. If this keeps up, we may not be able to mod ever again, or it may just not be very common to find.
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Post by Tural »

Xiion wrote:that may be true, but it puts a bad face on the modders who do it for personal use only, and not for profits.
I.. I don't even know what you're trying to say. That doesn't make any sense. You're saying that these people getting in trouble is adversely effecting the people who don't sell their goods and services? How so any more than it was before? Conducting illegal activity is always frowned upon. How is getting busted making it any more negative? I am so confused by this post.
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Post by latinomodder »

Well making modchips for xbox1 was completly legal, reason being that these didnt enable the booting of backups (only of Linux), but then if we come to talk about firmware flashe and wii modchips then yes.... that is highly illegal
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Post by Xiion »

they busted the people who are selling their services, and not people who do it for personal use only.


but in any way, it makes us other modders feel worried that anyone can be next, and not be warned.
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Post by Tural »

Xiion wrote:they busted the people who are selling their services, and not people who do it for personal use only.
What? Are you even talking about the same thing as me? What did that have to do with anything? Earlier you said it makes the people who do it for personal use look bad, I asked how and you just responded with this. I fail to see how this is relevant at all to what I asked, or anything for that matter. I'm entirely aware of this fact, considering I directly implied it in my post.
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