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Raid casualty comes forward to tell his story


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#1 Xbox-Scene

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Posted 03 August 2007 - 04:49 AM

Raid casualty comes forward to tell his story
Posted by HSDEMONZ | August 2 23:49 EST | News Category: OffTopic
 
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.





#2 HSDEMONZ

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Posted 03 August 2007 - 04:22 AM

Thanks again to FallsInc for coming forward. Many times.. a story or event just doesn't come across as real until you can put a human angle on it.

#3 Base8

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Posted 03 August 2007 - 04:23 AM

Shit man, that sucks... I wish i could do something to help you out, i didn't realize they were going after the little guys. Thats really crappy, i hope you can come out of this without too much damage done t your life.

Sorry man...

#4 SueMiBlitch

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Posted 03 August 2007 - 04:30 AM

i hope that when he stands in front of a judge the judge looks at the issue with the moral ramifications of what the guy was doing and not what is said according to the law

i do not condone piracy... the people out there selling pirated games are the real criminals and should be stopped... those of us who look at modding as a hobby or a way of expanding our console system, to put XBMC on or play some drunken super mario war are not a threat to the industry... there are many that would want that but aren't technologically savy to do it themselves need like FallsInc to help

special interest lobby groups are ruining the governing system and protecting the interests of those with money enough to bribe those in power... this whole thing is FUBAR and the money and resources would have been better spent to fight real pirates, pedophiles, murders, rapists or sending aid to africa... but that is not a priority to the corporate bottom line

this whole thing is FUBAR

#5 blame canada

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Posted 03 August 2007 - 04:32 AM

It sucks that the second those assholes see a soldering iron hit pcb, they automatically think piracy and fuck up someones life like that...

Fucking government, they could not give a shit about us little people (not physically) here while they go sip fucking whatever they drink, sitting back watching oil hit records laughing as they make billion $ profits, dropping trillions on wars that don't accomplish shit (also while attempting to cover up a good althete and soldiers death), turning a blind eye to millions of illegals getting jobs us hard working citizens strive for, and at the end of the day, they can sleep easy over it.... It just doesn't make sense B uhh.gif

I feel for ya Inc and I hope everything works out sleep.gif

Edited by blame canada, 03 August 2007 - 04:33 AM.


#6 Altima NEO

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Posted 03 August 2007 - 04:38 AM

Thats intense man. I hope your girl and your baby are doing alright.

#7 pirichios

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Posted 03 August 2007 - 04:55 AM

Fuck modders are not criminals!
they do not sell drugs, they do not kill people, commit fraud, this is such bullshit
i hope they take this to court and change shit around its time for these guys to rattle these guys asses grr.gif

#8 FallsInc

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Posted 03 August 2007 - 04:56 AM

i would just like to say that i have never sold a backup/downloaded game, despite being asked all the time about games. it's easy to pick up that ICE wanted backups, and people using them, but having an undercover agent buy a chipped wii from me, and then raid my house cause i got 12 modchips from Canada is just ridiculous.

i only provided a soldering service, a service for people who didn't have the skill to do it themselves. i just don't understand why they think that bringing me to my knees in public is going to stop piracy.

Focusing this much time, effort, and taxpayer money on something like this, will result in no change in the amount of people downloading games, and the "estimated losses" of the gaming/movie/music industry will continue to rise.

EDIT: lots of people are asking about giving donations. while i don't really feel like i am worthy of such a thing, i am in no position to turn them down, so i added 2 paypal links to my website. feel free to use them if you deem nessecary.

http://www.fallsinc.com

Edited by Chancer, 03 August 2007 - 09:40 AM.


#9 majik655

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Posted 03 August 2007 - 04:58 AM

FallsInc I am sorry about your situation.. I have a couple of questions and I do not mean to pry or accuse of ANY sort just wondering..

1. Why can you not see your girlfriend or baby? You are not being held are you? What right do they have to stop you from your girlfriend and baby?? (bastards)

2. please I hope this question does not offend you but.. since you are a SMALL just some joe blow installing chips.. how do you think they "found" you? meaning there are I would say HUNDREDS of "small" time installers and why do you think they picked you?? I mean look at craigslist.. that alone should keep the ICE happy then.

::EDIT:: never mind I guess on question 2 (sorry) I see it was a sting.. I am assuming this same "sting" of modding a wii for under cover agent was everyones downfall?? (bastards)



AGAIN I am very sorry for you and your family.. it is just rediculous what they have done. ESPECIALLY if they do not allow you to see your family.

If there are places for donations to be sent.. put up the info maybe some help will come your way.

Edited by majik655, 03 August 2007 - 05:00 AM.


#10 pirichios

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Posted 03 August 2007 - 04:59 AM

QUOTE(FallsInc @ Aug 3 2007, 06:32 AM) View Post

i would just like to say that i have never sold a backup/downloaded game, despite being asked all the time about games. it's easy to pick up that ICE wanted backups, and people using them, but having an undercover agent buy a chipped wii from me, and then raid my house cause i got 12 modchips from Canada is just ridiculous.

i only provided a soldering service, a service for people who didn't have the skill to do it themselves. i just don't understand why they think that bringing me to my knees in public is going to stop piracy.

i'm not going to say that i never downloaded anything in my life... i thought napster was the coolest thing when i was 14 and i still download to see if i will like something before i make a non-returnable purchase, but focusing this much time, effort, and taxpayer money on something like this, will result in no change in the amount of people downloading games, and the "estimated losses" of the gaming/movie/music industry will continue to rise.

if i were you i would get a good lawyer, if you feel that what you have done is not wrong then you must fight back in court

#11 SupaDawg

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Posted 03 August 2007 - 05:01 AM

This is indeed the most ridiculous thing I have ever seen. I, like you falls, have done solder work for people in the past. I live in Canada of course so i'm safe, but the fact of the matter is that a simple law changes and this could have been any one of us here.

We feel your pain. If there is ANYTHING the community can do to help out your situation i am sure that i do not stand alone in telling you that we'd do our best to help.

Edited by SupaDawg, 03 August 2007 - 05:03 AM.


#12 DuckOfDeath

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Posted 03 August 2007 - 05:14 AM

Man, that's rough. Sorry to hear this has happened. The legit chippers who don't sell games shouldn't be the ones getting the axe. Just look at craigslist and see how many people sell their "chipping" services along with any games you want. They're the ones giving the hobby a bad name.

My condolences all around, to every innocent chipper who got caught up in this.

-Duck!

#13 ---=Snyper=---

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Posted 03 August 2007 - 05:17 AM

FallsInc, you might already been told or know this.. but be careful what you say online right now.



#14 FrostyTheSnowman

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Posted 03 August 2007 - 05:18 AM

Wow, FallsInc, that's some serious bullshit...

I feel for you man, but don't let that shit get you down, keep your head up.

P.S. I also hope that your lady and your baby are doing well. happy.gif

#15 sgr215

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Posted 03 August 2007 - 05:18 AM

Fallsinc, sorry to hear about your problems and I hope you get an understanding judge.

How can one abide by the laws if they are always changing and interpreted in just about any way to fit ones agenda?! I realize not understanding a law isn't a defense but things are starting to end up where if the government wants us locked up, or made an example of, they can easily interpret a law so that it makes us a criminal. The government isn't run by the people anymore, it's run by the corporations. sad.gif




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