Mod chip raid victim details the experience

While US Immigrations and Customs Enforcement are remaining tight-lipped about what exactly they have seized thus far, a certain modder has come forward to depict his story and explain the experience of getting raided by the fuzz. After agents woke up his grandmother and perused her domicile with a warrant in hand, they confiscated a number of consoles and spare parts around the house before heading out to find the man behind FallsInc. Once locating him at his girlfriend's dwelling, they persuaded him to hand over everything even remotely related to modding, and he was left with "nothing of worth" outside of a computer monitor and his vehicle. Unsurprisingly, the culprit (or victim, depending on perspective) feels that his "life was taken away by a ludicrous interpretation of the DCMA" as the "little guy" was taken down while mass piraters remain at large. To read his whole account, be sure and tag the read link.

[Brandon @ Aug 4th 2007 1:55AM]

Wow, sounds like a hard lesson to learn, especially with a child to raise.

[I LOVE THE CAPS LOCK KEY @ Aug 4th 2007 2:17AM]

"Mod chips" fall under the fair usage doctrine. I hope he takes this to court and wins.

[ericthebikeman @ Aug 4th 2007 12:38PM]

That's BS and I suspect you know it. The Feds have a long tradition of arresting people for shaky if not non-existent legal grounds. So either you are ignorant or lack any form of education involving history.

Examples
Alien & Sedition Act
Japanese internment camps. Dress it up all you want in the lofty language of defending the homeland, it was prison plain and simple
Suspected "Commies" in the 50's
"Terrorists" now, unless your big into FauxNews it gets damn close to exhibit A

[Daryl Herbert @ Aug 4th 2007 2:33PM]

When Caps Lock says mod chips are fair use, he might be describing what HE thinks is fair, but he is not describing the law.

It's illegal under the DMCA to get around encryption schemes. Mod chipping is one way to do that. Therefore, mod chipping is illegal.

[jason @ Aug 4th 2007 4:46PM]

Write your congressman NOW

http://www.house.gov/writerep/

[jason @ Aug 5th 2007 2:33AM]

@Daryl Herbert
Mod-chipping is not illegal. All mod chips do is allow you to use alternative firmwares. What's actually illegal is hacking a copyrighted BIOS to allow it to play burned discs. The Cromwell BIOS is completely legal and does not break any laws in any way because it does not circumvent any protection schemes and was not written based off a hacked original X-Box BIOS. It was written from the ground up and as such does not break any copyright laws like the a hacked BIOS does and is useless for playing backups, it wont play them. All X-Box mod-chips ship with either this or no firmware by default and the end user makes the choice of what firmware to install. This is why they can't "crack down" on the manufacturers, they are doing nothing illegal. These raids are just a show of power to scare people.

Fight Back! Write your congressmen and tell them you will not stand for this anymore.

[General @ Aug 4th 2007 2:27AM]

Modding consoles isn't illegal, stupid-ass. Pirating games is.

[Totalfixation @ Aug 4th 2007 2:30AM]

what i don't understand is if its not illegal to mod a system why did he get busted? he didn't mention anything about selling bootlegs.

[Totalfixation @ Aug 4th 2007 2:31AM]

So the clear question for me is, is it legal to sell and mod a system in california?

[meta cortex @ Aug 4th 2007 2:33AM]

Oh, and you know this because you are a lawyer or a judge, right? Please, the FEDS arent going to waste money and resources trying to prosecute people who are playing legal homebrew versions of pong...

[Will @ Aug 4th 2007 2:45AM]

Land of the free? Hmm...

[Joshua Ochs @ Aug 4th 2007 3:00AM]

I have to agree that the feds are not going to go out and do something like this unless they have an extremely solid case. They aren't going to do it lightly, or on an untested legal approach.

If mod chips are legal, then he's doing something else that's not.

[Ceralor @ Aug 4th 2007 3:38AM]

Right. Not going to do something without a solid case. So arresting a bunch of political protesters is a diamond-hard case. Gotcha.

[Blackster @ Aug 4th 2007 5:11AM]

believe me, the feds don't need a rock solid proof to bust down youre door ;)

[paul34 @ Aug 4th 2007 2:47PM]

As you get to high school and beyond, Joshua, I suspect you'll find the Feds aren't as great as you are taught to think of them as in lower education.

Oh and another thing... George Washington and the cherry tree? That's not true either.

[Richard @ Aug 5th 2007 10:35AM]

@Joshua

Wow, they've certainly got you brainwashed.

I bet you actually think the war in Iraq was really about Weapons of Mass Destruction, too?

It's this kind of blind faith in our government amongst our citizenry that's turned this country into the disaster it is.

[Joshua Ochs @ Aug 4th 2007 3:01AM]

The critical question is whether mod chips are legal in the US in light of the DMCA. The focus should be on repealing that, not this case.

[jon @ Aug 4th 2007 7:23PM]

Unfortunately, they are not. It's a bad situation and I don't like the law, but people here who are saying it is "fair use" are simply wrong and are giving out bad advice that could get people in big trouble (like this guy who probably listened to this "fair use" crap on the internet. It SHOULD BE FAIR USE, but it is not. THe DMCA makes clear that installing such devices that get around DRM are per se illegal -- there is NO fair use exception. The only possibility would be to argue that this provision of the DMCA is unconstitutional -- I actually agree that it is, but I don't think a federal judge would based on Supreme Court precedent.

[Richard @ Aug 5th 2007 10:40AM]

The DMCA may make this illegal, but go all the way back to the 1980's, when the Supreme Court itself ruled in the Betamax case that because VCR's had a legitimate use besides pirating videos, they were legal.

Under that decision, modchips *are* legal. It's just no one's had the money or wherewithal to take the DMCA all the way up to the Supreme Court to get it struck down.

The DMCA is worded so vaguely that even the most ludicrous methods of copy-protection are protected (ie, I superglued the write protect tab on my flash disk... only a very sharp knife could remove the glue... under the DMCA, the way it's written now, all knives would be illegal.)

[Jamar @ Aug 4th 2007 3:40AM]

Let's put it this way- Oh, and I bet your first language is English, right? Because those Japanese or European people living in America would like to play games in their own language on the Wii/X360, which region locking keeps them from doing (they live in America, it's not worth a plane ticket to go home and buy one, and Play-Asia might not work for the Europeans). Also, plenty of European people want American releases of games because they come out sooner. Region locking prevents that. That's the legal use of modchips. If there were consoles other than the PS3 that were region-free then I'd stand behind you, but they aren't.

I'm wondering if going to the US for college is such a smart idea...

[Morty @ Aug 4th 2007 3:41AM]

I love how all law enforcements types lie...

"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'."

My advice would be to never let law enforcement near anything that don't have a warrant for. They all lie and make empty promises. Unfortunately people who are not generally in these types of situations (like this modder) assume the LE types are honest people with the target's best interest at heart. This is seldom the case.

Good luck FallsInc.

[Blakamin @ Aug 4th 2007 4:04AM]

Thats the mistake that's going to cost him the most!

good luck anyway dude...

[Mike @ Aug 4th 2007 2:20PM]

Sorry but you are wrong. If he's dealing with LE in Tech Crime then (if they are professionals) they'll return what was seized and not press charges. How do I know? I'm in Tech Crime LE. We have enough serious cr@p to keep us busy without having to generate more work.

[Tito @ Sep 2nd 2007 7:57AM]

The police arn't interested in becoming your friend--The are interested in arresting you by pretending to be your friend. If they had the ability to take your stuff then they would take your stuff. They may say something along the lines of "We will just have to go back and get a warrant and when we return we are going to be mad". If they didn't have the right to take your gear before they most likely wont get it when they ask again. Just because they tap you on the shoulder, call you 'Son' and offer you a coffee doesn't change the fact that they're being payed to make it as easy as possible for your prosecutor to stick the toughest available conviction apon you.

[sb @ Aug 4th 2007 4:08AM]

delta-MIKE-CHARLIE-alfa

[Ally @ Aug 4th 2007 6:09AM]

Alpha*

;)

[sb @ Aug 4th 2007 2:40PM]

http://en.wikipedia.org/wiki/NATO_phonetic_alphabet#Alphabet_and_pronunciation

Sure, if you're one of those ANSI wieners. ;)

[peshue @ Aug 4th 2007 7:18AM]

It depends on what he was doing. There is nothing wrong in anyway with installing modchips. But for a xbox to boot games and do all the fun stuff it requires a hacked bios that uses code from MS, which of course makes it illegal. If he was just installing the chips and sending people off to efnet to find what they need he should be in the clear.

[jon @ Aug 6th 2007 2:03AM]

This comment is completely wrong and is not the law. Do NOT listen to this person. Installing a mod chip is almost certainly contributory infringement. It IS illegal to install a device that has no substantial noninfringing use -- and "substantial" does not mean "I can think up a theoretical noninfringing use." Further, if this person knows what people are using it for and/or turns a blind eye to it then he could be criminally liable (if he doesn't know, he would still be civilly liable). I don't like the law, but that's what it is and I sure as hell wouldn't give people advice on what I think the law should be. The commenter above who said otherwise is irresponsible. Do not listen to him. Again, I don't like the law, but the law is the law.

[Joseph Boaz @ Aug 4th 2007 7:47AM]

You have got to be kidding me. Don't the feds and cops have anything better to do with their time? drug dealers... violent crime... nah their after people modding consoles or speeding on the tollway.

I used to live in a really nice townhome in Downtown Dallas... I got robbed so I called the cops... They refused to even show up at my door. We had security cameras but only the police were allowed to access the tapes. The cops don't give a rats ass. There's no revenue in busting petty thieves.

[Trenton @ Aug 4th 2007 7:09PM]

> drug dealers... violent crime... nah their [sic] after people modding consoles or speeding on the tollway.

> The cops don't give a rats ass. There's no revenue in busting petty thieves.

So which one is it? Think before you rant.

[strider_mt2k @ Aug 4th 2007 8:45AM]

When it comes to corporate interests look how fast everything happens!

Major Hurricane, city destroyed, citizens in distress...we'll get around to it....eventually.

[myles @ Aug 4th 2007 8:52AM]

he was silly enough to let them take his stuff on an empty, changing promise without a warrant, and then complains how he has nothing left. umm..

[Ben @ Aug 4th 2007 9:52AM]

Shouldn't they crack down on the R&D centers and factories that churn out these mod chips in the first place?

[Baratacus @ Aug 4th 2007 10:00AM]

oh man... you guys are all idiots. "The man is oppressing us..." Don't break the law and you won't get busted! You can go mod your systems all you want, don't go and try to make money off of it by moding other peoples systems for cash. He was making a living off of hacking systems. He knew what he was doing was illegal, and he's lucky he went along with them. If they had to get a seperate warrant for his "other location" they would have detained him and his girlfreind untill such a warant could be obtained and it doesn't sound like he had anything to post bail with, so he would be sitting in jail waiting for his court date which wouldn't go well for him since he would have with-held evidence and obstructed an investigation. Educate yourselves on what is legal to do and what is not. Know the consequences of your actions if you are caught, and don't be shocked and amazed if bad poo happens to you. Also don't forget to take into consideration the people that you will harm around you, (grandma and family, girlfriend and child) Get a legitimate job, hack your system if it's legal in your state, but don't ever sell your services... I can guarantee that's going to be illegal.

[strider_mt2k @ Aug 4th 2007 10:38AM]

Oh no the horrid spectre of PERSONAL RESPONSIBILITY!!!!

Heaven forfend!

[Richard @ Aug 5th 2007 10:49AM]

Wait a second... so if he decided to exercise his constitutional rights to not be subject to an unreasonable search or seizure of property (that means without warrant or writ)... according to you that meant he would have "with-held evidence and obstructed an investigation"?.

Yeah, um, I think you need to brush up on Constitutional Law 101.

The onus is on Law Enforcement (and by LE, I really mean Corporate America) to come prepared with the appropriate warrants. It is not the responsibility for the alleged accused to make their case for them.

Any person who surrenders their personal property to the police sans warrant, without an attorney present is an idiot.

[Baratacus @ Aug 5th 2007 1:27PM]

read the article better, they already had evidence from the domicile where they did have a search warrant and probable cause to arrest or detain him based on the evidence found there. They could have searched his other location based on probable cause but it would have taken a lot of time and money to prove it in court and they would take that time and money out on his sentance and or fines levied against him.
When you are busted and they have you, coming clean with the rest is the best way to go. They will get the rest of your stuff if they feel you are witholding. If he did not give up his stuff he most likely would have been arrested for the exact reasons I specified. If they didn't have cause to believe he had anything else there would be no reason to detain him in a holding facility unless he had commited a felony or was a danger to himself or others.

[raswirsky @ Aug 4th 2007 10:13AM]

Anyone with a business should have an attorney on retainer. And if you ever get in trouble (like having a law enforcement agency knocking at your door), tell them NOTHING and call your lawyer. I'm shocked at this guy's level of cooperation for things they didn't have a warrant for.

And don't get your legal advice from kids on the Internet!

[badtzmaru @ Aug 4th 2007 10:27AM]

I feel bad for the guy but he's screwed. He won't go to jail, seeing his he gave up everything. But he'll probably end up paying a big fine with money he doesn't have.

[seaherry @ Aug 4th 2007 10:31AM]

No, and nor should they crack down on the modders themselves. There is nothing illegal in buying a mod chip. The chip itself comes with no illegal code. Legal uses for it include being able to change game/dvd region to allow multi region playback, which is a wonderful thing or those of us who live in 2 or more countries and the ability to run different OSes, like Linux. (Several people have bought upwards of 10 xboxes, for the sole reason of making a cheap Linux cluster.)

Whether its down to idiocy or something more sinister, this not a misinterpretation of the DCMA; it has NOTHING to do with it. And for those who claim that making hardware that can enable people to break the law is a crime, that's like saying "you should shut down kitchen knife factories because people can break locks with them and stab people with them."

The fact is: there is a very big difference between modding a console, and running illegal copies of games. The problem that the the DCMA have encountered is it wont find any commercial modders who install illegal code on to the machines they sell, so they go on a campaign spreading lies to a (largely) unknowing community (and not jut gaming, but also normal people who don't know any better) saying that the installation of these chips is a crime.

[Morgon @ Aug 4th 2007 10:47AM]

Here's the problem:

"while its modded with xtreme 5.1b, it has never had 1 single burned game booted on it."

Boom. Done. Doesn't matter if you did or not, the possibility is there. Yes, I understand the idea of legal backups, and I certainly support that, however the wording of this sentence definitely leads one to believe that he wasn't simply playing the games he had purchased and locked up in his closet for safekeeping.

Word to modchip makers - if you're looking to do XBMC and such, nobody can take that right away.
HOWEVER, you'd best be sure that your methods do not alter or override the security of the system that verifies game discs. That's where you're getting in trouble. Specifically disable that functionality if you ever give away or sell your products or services.

One thing I found interesting is the Copyright office's brief information on making archival copies:
http://www.copyright.gov/help/faq/faq-digital.html

The last paragraph states:
"It is also important to check the terms of sale or license agreement of the original copy of software in case any special conditions have been put in place by the copyright owner that might affect your ability or right under section 117 to make a backup copy."

I know for sure that Nintendo puts a clause in place in their manuals and packaging that specifically prohibits archival copies. I can only assume this would hold up in court, based on the above.

[guerro @ Aug 4th 2007 11:36AM]

What is DCMA ? I have heard of the DMCA.

[Scott @ Aug 4th 2007 11:53AM]

Keep in mind this is just one side of the story. You think this guy is going to admit to breaking the law over the internet?!

The real sad story is the child this numb-nut fathered. This baby's "dad" is a loser living in his Grandma's basement modding Xboxs to make money. Go get a real job, stop whining and be responsible. The government didn't knock up your girlfriend!

[mt @ Aug 4th 2007 12:01PM]

Ok no one thinks it's odd that all of this was done under 'Home land security'. The kid was modding GAME consoles. TOY's!... now if he was selling pirated disk thats his own down fall. but if all he was doing was installing mod chips the USA has taken a BIG step backwards in terms of freedom. when you go to jail for modifying a TOY.

[Iain @ Aug 4th 2007 12:57PM]

Have you not seen those messages at the start of DVDs - piracy funds terrorism(!)

[ScareyJ @ Aug 4th 2007 9:49PM]

I just don't get people.

A bunch of whiners complaining about freedom being eroded ... the big bad man holding us down, blah blah. Get out of the basement and take some courses to educate yourself - do some research - something productive.

Freedom to mod a "toy" isn't in the constitution ... but it is in the DCMA legislation that says you cannot circumvent the mechanism protecting the games in this case. The guy did break the law in modding the hardware -- its illegal to modify the console to get around the protective systems included in it -- its not just about duplicating the games.

When you think freedom is defined by the ability to get away with breaking a law because its "silly" ... well, that makes us spoiled morons and negates the ordeals or forefathers went through to get us to such a trivial point.

We live in a republic, not a true democracy, where we have representatives that create and implement legislation. We don't just whine and change laws ... we don't live in anarchy where we obey only laws we like ... wanna make a change? Stop moaning in forums and contact your representatives.

If the majority of the population believes we should be able to cheat companies out of sales, then lets get the laws changed ... we should have the ability to at least backup products we purchase -- maybe the effect that some are dishonest cheats is just something we have to accept to get the benefit of securing assets we've paid hard earned money for ...

Either way ... no matter how silly or small the law is ... ignoring it isn't what freedom is about ... our constitution was crafted very well to provide systems of amending legislation as needed through a system of representation. Use it, but don't moan and cry because you can't break laws without repercussions.

[mt @ Aug 5th 2007 5:43PM]

I understand your points and I agree. I realize the DMCA is in place and was put their for a reason. How ever when you break it down to it's simplest Ideas...
"a person modifies a toy and goes to jail BECAUSE someone pays the government and tells them it's wrong."

and I have mixed feelings about going to congressmen... Most of them don't give a crap about the DMCA. most of Congress men probably can't even work their own PC let alone understand things that go on behind it. It's not that they are ignorant but they are a different generation and don't take the time to understand it. If we sitill live in a Democracy then (hopefully) things will turn around . Or govenment will collapse and a new one will arise. (Governments historicly have only lasted 200 years or so before they fall. We are way overdue. But I hope that Democracy dosen't fail but people have got to be less concerned with media and more with whats going on around them)

[deslava @ Aug 4th 2007 12:12PM]

Corporate intrests are what matter now, forget liberties, he's just an example of what can happen, not just to modders, but basicly now to anyone and for any reason they just have to pick up a law book and throw it at you. National security today, Getapo tomorrow.

[MacGuru @ Aug 4th 2007 12:23PM]

You must be the dumbest individual reading engadget. Stick to your pogo stick and stay off this website.