Stolen PS3 gets tracked down via PlayStation Network

It looks like a recent PlayStation 3 theft took a few more twists and turns than your garden variety console heist, with not one but two individuals finding themselves finding themselves short a PS3 before all is said and done, and one of 'em eventually winding up with an unwanted Xbox 360. Our story picks up when one Dustin Waller gets a used PS3 as a gift and goes about using it, unknowingly, under the previous owners PlayStation Network ID. As luck would have it, that "used" PS3 was actually stolen, and after a month of good times, the police showed up at his door and took the console away. Apparently, they used Waller's IP address to track down his location, which we assume means Sony was also involved, although that tidbit's not exactly clear. But that's not all, when Waller went back to the 3-D Games store that the PS3 was purchased at to get a refund, they refused him, and would only give him an Xbox 360 in return, which Waller complains "isn't nearly as expensive or sophisticated as the PlayStation."

[Via PS3 Fanboy]

[devo @ Aug 11th 2008 2:59PM]

That's Miserable.

[Flashpoint @ Aug 11th 2008 3:32PM]

they refused him, and would only give him an Xbox 360 in return

[Stevo @ Aug 11th 2008 3:43PM]

thanks Flashpoint, I missed that part.

[Flashpoint @ Aug 11th 2008 4:13PM]

My comment was truncated.

I said "they only gave him an Xbox360 in turn...if you ask me, he made out better"

[Nig B @ Aug 11th 2008 4:30PM]

he shoulda had to pay a lil more to get the xbox360... or insert any other fanboy remark

[Jake @ Aug 11th 2008 5:41PM]

"isn't nearly as expensive or sophisticated as the PlayStation."

he forgot Cool and Reliable in there too..

[Will H. @ Aug 11th 2008 6:40PM]

After having used his PS3 for months, of course he realized how much better then a X360 it is.

[Mobius_1 @ Aug 11th 2008 11:05PM]

If that guy gets murdered, the police should ask Weblogs Inc to provide the IPs and addresses of Flashpoint and Nig B --- damn fanboys

[Shadowise @ Aug 11th 2008 3:02PM]

Ok... so the store he bought it from was selling 2nd hand consoles? Which is common practise and small retailers...

Why didn't they format the console before sale? It's common practise...
Scratch that, why didn't HE format the console?

It's nice that the stolen gear was returned... but the shop should never have accepted it in the first place without proof of purchase.

[David @ Aug 11th 2008 3:06PM]

It sounds like it was tracked through the unique MAC address. You can't wipe that on a network device.

[The Dude @ Aug 11th 2008 3:16PM]

The original article mentions that he's a total noob and thought the login that came up (and he used) was some sort of default/standard/automatic account.

I call bull shit on that. It's a used console, you know it's used, it doesn't take a genius to figure out that it's previous owner data. Especially when the name is something like "chunkylover69", you know it's not an auto/default login name. Nobody's that stupid. Especially if he had the cojones to claim the PS3 was more sophisticated than the 360, that implies a level of tech knowledge. He probably thought PSN costed $$ so he thought he'd mooch off the previous owner's account while he could. Fuckin' liar.

[ben @ Aug 11th 2008 3:34PM]

There's no login screen on PSN. You're automatically logged in when you start up the system.

[REF @ Aug 11th 2008 3:43PM]

@ben - You have to plug in the ethernet cord or setup wireless before logging into the PSN...

[Foo @ Aug 11th 2008 3:49PM]

MAC addresses are not traceable (they are not transmitted beyond the first router) but there may be some other hardware in the PS3 which attaches some identifying information even if you wipe the HDD.

[Alberto @ Aug 11th 2008 7:02PM]

Yeah, Shadow. We all keep our receipts for everything we buy.

Let's be honest here. The store sold stolen console. For all we know the shop knew it was stolen. So now the dude is out a great game console and the shop gets away with it. Screw them. They should be kick out of that mall.

The dude's girl went through the trouble to get her man a PS3. The dude must be some dude for his girl to do that. He deserves a PS3.

[Pepsipoint @ Aug 11th 2008 9:37PM]

auto login an the psn network is an option one can turn off

[cheng @ Aug 12th 2008 1:41AM]

he had no reason to turn it off, so he didn't notice.

[chickenator @ Aug 11th 2008 3:02PM]

waller > walker > waller

[404 @ Aug 11th 2008 3:13PM]

Instead of crossing the road like you, he walks from wall to wall.

;)

[Pingmeister @ Aug 11th 2008 3:02PM]

Color me skeptical. So he bought a STOLEN PS3 at a store and they refused to replace it when it was picked up by the Police?

Anyone here a Lawyer? I think we have a nice, big lawsuit ready for you.

[Canadian Bacon @ Aug 11th 2008 3:22PM]

A BIG lawsuit? Seriously? Yeah I don't think anybody's going to spend the time and money to go to court over a $100 or so difference in the cost of a console....unless the horrid punitive damage system of the US allows him to argue emotional distress due to his console getting taken away from him.

[maveric101 @ Aug 11th 2008 3:27PM]

the kid wouldn't get much out of it, but the store could be in trouble for buying a stolen product. not to mention whoever stole the PS3 in the first place.

[Eric @ Aug 12th 2008 8:53AM]

Civil remedies for criminal acts - treble damages, attorney's fees plus punitive damages to deter similar acts by the same or different company in the future.

I can see quite an award.

[Tyson @ Aug 11th 2008 4:02PM]

Yes and Yes. The store can be sued for converstion. They took stolen property and liquidated it. He was a bone fide purchaser in good faith and he is entitled to his money back and they can go after the person who sold it to them. However he accepted the Xbox which basically was an offer to make to recify the situation so now they owe him nothing really. Had he not accepted it he could certainly sue in contract and tort.

[whatishalo? @ Aug 11th 2008 4:14PM]

I cannot even begin to imagine the horrible emotional stress he must have undergone when the police showed up at his house.

I would think he is entitled to AT LEAST $1million in compensation!

[Tony @ Aug 12th 2008 12:43AM]

Why, that's over NINE-THOUSAND!!!

[Patriks7 @ Aug 11th 2008 3:02PM]

i bet the Xbox they wanted to give him was also stolen :o

[grull27 @ Aug 11th 2008 3:03PM]

If only they would use this same technology with all the stolen Xbox Live accounts.

[funkmaxtor @ Aug 12th 2008 12:52AM]

A friend of mine had his 360 stolen from his home as well as other things including a handgun. The current user logged into xbox live numerous times and purchased items online using his ID and charged to his credit card. The local police and Microsoft refused to help track the 360. Not even to recover the handgun. MS needs to come into the real world!

[Neoprimal @ Aug 11th 2008 3:03PM]

[But that's not all, when Waller went back to the 3-D Games store that the PS3 was purchased at to get a refund, they refused him, and would only give him an Xbox 360 in return, which Waller complains "isn't nearly as expensive or sophisticated as the PlayStation."]

If he purchased this from a store then shouldn't this have been done completely differently? Shouldn't they have all gone to the store and gotten him a replacement/refund? If anything then the store is responsible so they should foot the loss. What if the store had refused to give him an Xbox at all?

[Dan Halen @ Aug 11th 2008 3:11PM]

"What if the store had refused to give him an Xbox at all?"

Yeah, that's the real question. Handing him another product - entirely different from what he purchased - is not helping fix the situation. What if they had given him a ceramic unicorn to replace his PS3? Would that be alright, too? This guy needs to man the fuck up, stop whining, and do something about the screwjob he's receiving.

[Pingmeister @ Aug 11th 2008 3:31PM]

Wait, is the Ceramic Unicorn yellow?

[CraigJ @ Aug 11th 2008 3:50PM]

If the store had a shred of integrity they'd have had it right for him. I suspect that they store doesn't ask too many questions about where the goods come from...

In his place I'd pay a visit to the local courthouse and file a small claims suit for the full replacement amount.

[tyler @ Aug 11th 2008 3:50PM]

Come to think of it.. I had a yellow ceramic Unicorn that was stolen a few months ago.. bastards!

[The Dude @ Aug 11th 2008 4:52PM]

"This guy needs to man the fuck up, stop whining, and do something about the screwjob he's receiving."

Considering it's his fiancee that got the PS3 for him, I'd say manning the fuck up is a tall order for him. If you want tech gifts done right, you buy them yourself (even if it is gifting yourself.) That includes buying from reputable retailers.

[Mal F4cti0n @ Aug 11th 2008 5:23PM]

Yeah, well if the guy is too stupid to understand that ensuring items bought and sold and a point of business are not stolen is the responsibility of the store and they either give him his money back for selling him a stolen PS3 or give him another PS3 then he deserves to get screwed. Setting up and pawn shop involves risks, and the risks are taken on by the owner of the shop, not the customers that do business there.

Waller needs to go get a freakin' lawyer.

[Dan Halen @ Aug 11th 2008 6:21PM]

@The Dude

HAHA... you're right, too. The first rule of buying gifts for a tech head, is NOT to buy them tech. Ever.

[Eric @ Aug 11th 2008 3:04PM]

Now, I'm not an expert, but I believe you can get in a bit of trouble for selling stolen goods. You can get in trouble for buying stolen goods, also, but if he bought it from a store I imagine he would be safe.

The store should have a record of who sold them the console.

[StinkyPete @ Aug 11th 2008 3:34PM]

I agree, throw all of them in jail. I don't pay taxes so I don't care.

[rahul @ Aug 11th 2008 3:08PM]

lol.. owned!! :)

feel sad for waller at the same time..

[umdterps7 @ Aug 11th 2008 3:12PM]

Why hasn't the seller been reported to ebay? He should report them and get his money back through paypal.

[BowserUSC @ Aug 11th 2008 3:17PM]

Do you know how to read? Where is there any mention of ebay?

[umdterps7 @ Aug 11th 2008 3:33PM]

Woops, sorry

Had ebay on the brain

Lighten up

[syndrical.one @ Aug 11th 2008 3:12PM]

Oh snap!!

[computer.dude.28 @ Aug 11th 2008 3:12PM]

"two individuals finding themselves finding themselves short"
His heart skipped a beat and his brain followed suit.

[Bruno @ Aug 11th 2008 5:18PM]

First thing I noticed! Haha, twice is nice!

[Jason @ Aug 11th 2008 5:26PM]

It has a lilting reciprocity, though.

[alex @ Aug 11th 2008 3:27PM]

all his trouble for stolen PS3. hundreds of electronics, including ipods, iphones, xbox 360, laptops, desktops, cell phones and PS3 are stolen everyday. Since the hard drive and system wasn't reformatted (otherwise this would never happen), something has to be on the system, like a video of something or an audio recording that has dirt on someone.

anyways that was real dick of the store to hand him an xbox. I would suit immediately

[Pete @ Aug 11th 2008 3:44PM]

Formatting the PS3 doesn't remove the login details, they are all buried in flash memory somewhere.

You have to delete the user login details seperately.

[Ken @ Aug 11th 2008 3:34PM]

Small claims courts usually only cost $50 and you don't need a lawyer. I can't imagine a judge allowing a business to sell stolen goods and not be held responsible.