The end of mod-chips as we know it?

[Robert]

With Sony shutting down all the downgraders, and now m$ attacking modders, it seems there is a concerted campaign going on.

 

At least here in Australia, it is legal to mod your console to get around region restrictions. If it happens to do other things as well...

[Mooney]

With Sony shutting down all the downgraders, and now m$ attacking modders, it seems there is a concerted campaign going on.

 

At least here in Australia, it is legal to mod your console to get around region restrictions. If it happens to do other things as well...

God damn, I'm moving to Australia. Yes, Australia. Screw Canada. Yes. Screw it.

[Robert]

Source

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.

 

It demonstrates once again, the obvious, that the entire purpose of the U.S. govt is to make the rich richer, and take away any remaining rights of the rest of you.

 

Next thing, it will become illegal to have your car modified. It's entirely outrageous that you cannot have your own possesions altered if you so desired.

 

It's about time some country had the guts to defy the US, and become a haven for those who wish to be able to do whatever harmless activity they want.

 

And it's because of the so-called threat of "terrorism", most likely a U.S. plot, to give the govt an excuse to do all these criminal acts.

[Ahmad89]

Whats funny about this is ALL they sell in Palestine is modded systems and burned games. Thier is probably not even one system that is not modded or one original game (other than those owned by the shop of course).

 

I can see why they are cracking down on those people. The gaming industry does loose money no matter how you look at it (except if you choose to look with one eye). However like what someone said on this site some time ago, If I choose to turn my toaster into a radio i should be able to. It went something like that. Money is Money, Yours isnt yours, deal with it in the US and the countries soon to come. Their is no way to stop them.

[Shibathedog]

flock the US governement, flock you for promising us freedom and not giving it to us you greedy pieces of crap, i hope someone from the government reads this, and i hope they go choke on a dick. Dirty snake in the grass bastards, eat crap and die. I can't wait to leave this country and ill never fight for your military.

 

free country my ass

 

Hey i shaved my flocking pubes last night am i going to get arrested for "customizing" my junk?

[Robert]

Source (thanks to xbox-scene for the link)

 

Console modding: Right or wrong?

Posted by Don Reisinger

 

In a recent blog on CNET News.com it was learned that modders in 16 states were brought down for allegedly selling and distributing "circumvention devices."

 

While federal agents, including U.S. Customs officials, are heralding the capture of these "criminals" as a mark of significant progress in the fight against modding, I'm not so quick to agree.

 

At its very core, what is so wrong with modding, or modifying, one's gadgets? While I admittedly don't know as much about the techniques involved, because I don't own any modded devices, I still have trouble understanding why companies (and officials) have such a hard time with people making products better.

 

Now, I'm not saying that individuals should be allowed to sell and distribute a modded Xbox 360 to the highest bidder, but I am saying they should be able to mod the system for their own benefit. Yes, I can hear DMCA (Digital Millennium Copyright Act) proponents crying out in disgust already, but to be honest, I think those folks need to get a strong lesson in logic.

 

Banning modding is nothing more than a business ploy. And although organizations like the Immigration and Customs Enforcement division of the U.S. government claims that it raises our prices and maintains an unhealthy business environment, I'm not sure where John Doe, modding his PlayStation in the comfort of his home so he can play overseas games, is contributing to the "facilitation of multiple other layers of criminality, such as smuggling, software piracy and money laundering."

 

Isn't John Doe buying that software from an American importer? And isn't that American importer paying taxes on the profit it makes at the end of the year, which, in case you were wondering, comes from guys like John Doe?

 

I am strongly against the sale and distribution of modded video game consoles, but I can't help but be a proponent of modding video game consoles for your own pleasure, as long as you use it for the benefit of those who hold the software copyright. In other words: buy the legal software, not the pirated stuff.

 

But what makes modding so awful? Is it because you agreed to an implied contract upon breaking the shrink wrap that you wouldn't own the rights to the system, no matter how much you paid for it? If so, that's a bunch of garbage. If I paid my hard-earned money for a game system, then I should have the legal right to open it up and make it do whatever I want. And if that means that my American Xbox 360 will be able to play a Japanese Xbox 360 game, then so be it.

 

The never-ending copyright protection that can be found on just about every kind of media today is simply outrageous. Does it serve the purpose of protecting the copyright holder's material? Obviously not. If it did, we wouldn't have pirating that, according to the Entertainment Software Association, costs the video game industry billions of dollars each year.

 

In fact, you might be surprised to know that pirated material typically sells better than something that isn't pirated. You know why? Nobody wants the stuff that isn't pirated. Besides that, I believe that most people are honest and want to have both copies.

 

Maybe it's just me, but I believe that the DMCA and government officials at home and abroad underestimate our ability to be pillars of society. If you read the DMCA, you will find a law that protects businesses and abandons all trust in the average citizen--it's sad, to say the least.

 

Sorry ESA, Nintendo, Microsoft and Sony; I trust people. Maybe you should too--it might help your bottom line.

Well said. It includes my basic tenets of a purchase.

 

I legally buy it, all rights come to me and are no longer with anyone else. It's mine, I do whatever I want with it.

 

If you don't get all rights, then it's not a purchase, it's a rental. That should be made clear at the shop. You sign a rental contract, and, like any rental, you return it when you're finished with it.

 

It's about time that the meaning of rental and purchase are clearly followed.

[Mooney]

It seems that a copy of one of the search warrants has been posted online: http://consoletech.net/forum/showthread.php?p=813#post813

[ken_cinder]

When are you Americans going to stand up for your rights? I see ALOT of people making a stand, in TEXT, but no real action.

Circulate petitions and give them to your government reps in your areas/states. Write newspapers and other media sources. Hell go out into the streets and protest if you can get enough people together.

 

Here in Canada, we sit on the front lawns of our government buildings and protest, sometimes mildly violently if necessary.

[Lucandrake]

Cinder it's not that simple, most american's are blinded not only by fear, but by their own ignorance to want to avoid violence/struggle.

 

Nobody here besides students/young ones have the ability to riot, everyone's pissing in their own pants, separated in cliché's of stereo types because one Hispanic man is scared of being accepted in a white group.

 

Not to mention, that the way schools have been ran, the way things are so simplistic, I'd say a good half of America is used to the lazy life, getting off from there chair and ignoring work for one day to attempt difference is to much stress on them.

 

For the past summer I've been debating whether or not to attempt being a Lawyer and attempt difference, or to just be simplistic and attempt a doctors degree in medicine.

[Ahmad89]

"simplistic and attempt a doctors degree in medicine" thats a funny one, just kidding.

 

It's looking that emulators are going to be next. Watch and see.

[ben2dx]

RIPPP OFF NO MORE MODDING!!!

 

Did they also crackdown on nds flashcarts because they can play roms.