Raid casualty comes forward to tell his story Options

[Mr Invader]

If the government wanted to stop modding from happening, they would go after the manufacturers instead of guys like Fallsinc. I dont know why they aren't and its wrong to do so. Almost like killing the messenger.

[coldasice]

Ugh, this is so frustrating. The big man picking on the little guy. You gotta get a hold of the ACLU and let them know whats going on. This is totally and 100% messed up. No way around it. I hope you can make it through this man. You probably wont get your stuff back. Thats just my general opinion, i'm not a lawyer though. Good luck man.

EDIT: Am I the only one who is reminded of those few people who got raided for downloading pirated music a few years back?

I did some more research on this law. Here is the link to the contents of the DCMA. If you look under Chapter 12 Sec 1201 in 2 B. It states:

No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that--

has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title.

Sadly that is what most mod chips are used for

This post has been edited by coldasice: Aug 3 2007, 05:31 AM

[AddNtoX]

if they dont have a warrant for the premises you are in never ever ever ever let them into your home, dont talk to them without a lawyer. the second you speak to them you basically gave up your rights. When you said ok they can have your laptop you gave in. Up until that point they had no right to take it AND they cant bring that up in court since the laptop WAS NOT on the premises that the warrant was executed on. Theyre not your friends they'll tell you it will look good in court they say that so you hnd it over. And as for the getting your equipment back faster...if theyre prosecuting you, you wont get it back at all. Remember you dont mod consoles..you fix them. And i repeat NEVER EVER EVER say a word to law wnforcement in such a predicament without a lawyer even the shittiest cheapest ambulance chaser is better than your own judgement.

"asked me if I ever imported modchips from Canada. I told them I did" plead guilty ur done, dont let them in ur home again unless they have a warrant for that premises, dont say anything ever, you're not a lawyer. If the equipment they seized is deemed part of a crime you'll never see it again, its evidence, you admitted to a crime pretty much. This is why more people need to know their basic rights.

This post has been edited by AddNtoX: Aug 3 2007, 05:39 AM

[trey85stang]

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

I feel for ya Inc and I hope everything works out

putting that mod chip in a console defeats the security in place... it is illegal.

[makaveli91]

That is fucking bullshit FallsInc. The reality of the whole thing is, no matter what any of us try to do, the way the DCMA's rules are written allows the Feds to basically do what they want to do. I'm sure there are a few avenue's for you to try, but I'm sure they are expensive. Unless you happen to get a lawyer that would work for nothing. Either way man, You have my support, and likely the support of all 350,000 or some odd members here, and everywhere else. Keep your head up, and don't let the man get you down for too long.

[sgr215]

if they dont have a warrant for the premises you are in never ever ever ever let them into your home, dont talk to them without a lawyer. the second you speak to them you basically gave up your rights. When you said ok they can have your laptop you gave in. Up until that point they had no right to take it AND they cant bring that up in court since the laptop WAS NOT on the premises that the warrant was executed on. Theyre not your friends they'll tell you it will look good in court they say that so you hnd it over. And as for the getting your equipment back faster...if theyre prosecuting you, you wont get it back at all. Remember you dont mod consoles..you fix them. And i repeat NEVER EVER EVER say a word to law wnforcement in such a predicament without a lawyer even the shittiest cheapest ambulance chaser is better than your own judgement.

The damage has already been done but you're right. Law enforcement actually uses a lot of psychological games to obtain information and/or items they aren't legally allowed to obtain. They first act very nice and tell you it'll be in your best interest to help, they will say kind words to the judge, etc. If that doesn't work they will try scare tactics and make it seem like you're looking at a long prison sentence. The damage has already been done here but if anyone else gets hit get a lawyer ASAP and say nothing. They aren't your friends and the prosecutor won't help you. They are working for one reason, to get a prosecution! The only one who'll help is your lawyer!

[II BJ II]

Wow this guy is really dumb. He's acting like he's the victim (his gf said their taking you away from me) just shows he needs to be put in jail. "They" are not doing this too you..you did this too yourself.. installing mod chips and selling is clearly illegal. Like he said he didn't do this on the side for a lil money.. he lived off it. This was his only job making profit the illegal way.

[Hopeful]

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)

I could be wrong but I don't think he's actually being legally forbidden to see her.

I think he probably means the girl's folks (or maybe his) went postal over the "shock" of "law enforcers" arriving in his name, and are reacting like nazis. The "because of what happened" seems to also hint such.

This post has been edited by Hopeful: Aug 3 2007, 05:40 AM

[Xx The 0ne xX]

putting that mod chip in a console defeats the security in place... it is illegal.

whenever they just GIVE U A FREE CONSOLE its illegal, thats like putting a new engine in ur own car that u paid for being illegal, i paid 400 dollars, fuck m$ or anyone telling me i cant put what i want in it, im not supporting piracy, i think that you should pay for your games because THAT is STEALING, and good luck to u man, i hope everything turns out ok in the end.

[BoNg420]

If the government wanted to stop modding from happening, they would go after the manufacturers instead of guys like Fallsinc. I dont know why they aren't and its wrong to do so. Almost like killing the messenger.

Most likely just trying to set an example.

[FrostyTheSnowman]

Wow this guy is really dumb. He's acting like he's the victim (his gf said their taking you away from me) just shows he needs to be put in jail. "They" are not doing this too you..you did this too yourself.. installing mod chips and selling is clearly illegal. Like he said he didn't do this on the side for a lil money.. he lived off it. This was his only job making profit the illegal way.

If you think someone who installs modchips for a living is a criminal, then you are on the wrong site.

This post has been edited by FrostyTheSnowman: Aug 3 2007, 05:42 AM

[bone135]

The government isn't run by the people anymore, it's run by the corporations.

That's what Mad Money host Jim Cramer always says. And it is the truth.

If the people could decide what there taxpaying dollars went to, I sure it wouldn't be to stop moding. I know many people die from those dang modders, and wicked soldering skills, but I still think they would want other things investigated first.

[SovietSlayer]

FallsInc 2 things. First i think you screwed up talking to the cops UNLESS they offered you a deal. Anthing you say can be used incriminate yourself and they can lie to get that info out of you.



Second while i feel bad that modding was the only way for you to make money. Just like selling crack this is illigeal. While modding might not harm people like crack its still illegal. What you are doing I respect but it is still in the gray zone of the law.



I hope they dont make an example out of you and everything works out okay.

[Hopeful]

Wow this guy is really dumb. He's acting like he's the victim (his gf said their taking you away from me) just shows he needs to be put in jail. "They" are not doing this too you..you did this too yourself.. installing mod chips and selling is clearly illegal. Like he said he didn't do this on the side for a lil money.. he lived off it. This was his only job making profit the illegal way.

The issue is that the law has no right to label things like this illegal. Hence people shouldn't be treated this way for this. There's no reason or right at all to justify this being "illegal".

Intellectual "property" is bullshit. You can't own an idea and what people do with it just because you realized it first. If you sell someone hardware, they have the right to modify its parts however they want to.

If your physical item is sold in stores across the country, you can't claim in/on the package that you're only selling a license to use it. That's bullshit and no one has the right to treat hardware sales or people that way.

This post has been edited by Hopeful: Aug 3 2007, 05:57 AM

[AddNtoX]

the sad part is the damage would have been minimal if this guy hadnt shit his pants and run his mouth handing them everything over in a premises they had no right to enter. The xbox at his grandmas was easy enough...i was fixing it for the guy the hard drive was part of the payment etc etc. But its easy in retrospect to say this. And its tough when you're in the situation with a bunch of FEDS putting on the heat. I feel sorry for the guy i really do i dont see modchips as anything criminal, its the end user who ultimatly can commit the crime of copying games, which i abhor. My machine my right to do with it what i want. I break the liscence i'm no longer entitled to support its the risk we all take.

Maybe soemone will grow some balls and raid microsoft for evidence that they knew the 360 was flawed by design and we all get an updated 360 with a adequate cooling solution. FAT CHANCE!! tho, right?