Modder Faces Jail Time After Raid Posted by XanTium | June 26 17:34 EST | News Category: GamingGeneral

From arstechnica.com: [QUOTE] A San Diego-area man has been arrested and charged with 10 felonies relating to selling pirated games and modding consoles. Frederick Brown was taken into custody earlier this month after his home was raided by the San Diego Computer and Technology Crime High-Tech Response Unit (CATCH) and has since been freed after posting bail in the amount of $100,000. In his home, Brown had over a thousand copies of pirated games as well as a large number of mod chips. Brown had allegedly built up a thriving business selling counterfeit games and installing mod chips, having advertised his services on Craigslist and other web sites. He allegedly sold pirated games from his Vista, CA, residence as well, including both discs and hard drives preloaded with games that he would install into customers' Xboxes and Xbox 360s,Entertainment Software Association senior VP for intellectual property enforcement Ric Hirsch told Ars Technica. Hirsch explained that the ESA chose to pursue a criminal case instead of suing Brown in civil court because of the scope of his activities. "CATCH was very receptive to the evidence we brought them and were able to put the investigation together in very short order," Hirsch told Ars. [/QUOTE]

oooooo shittt.......I am guessing this is more or less related to the selling of pirated games. I mean, 1,000 pirated game copies?!?!? holy crap! I've only heard of like 3 cases in which a modder was arrested. In all three of them, they were selling pirated games.

Yeah modders never seem to get in trouble, it's always the people that sell pirated games. (Witch only idiots would do)

Sorry, just thought that was kind of funny.

I second that.

Selling copies is just idiotic. I'm glad he got busted, idiots like that isn't good for the gaming industry.

It always amazes me to see how greedy people are. All i can say is jackass

Edit: im glad too

That is sig worthy...

Dude must have been bringing home bank, considering he posted his 100k bail.

What a moron. Craigslist?

Serves him right.

This scene was built on the back of personal users who make no money from all of this and when scum bags go around exploiting it to make money like that, they deserve all they get, apart from the cash, they don't deserve that...

Ok, so is installing modchips/drivechips illegal or not? I'm confuzzled.

Whats the betting he has a banned x-s account

Yeah yeah, I always spell which wrong.... I know how to spell it but I always mess it up.




Yeah yeah, I always spell which wrong.... I know how to spell it but I always mess it up.

and thats another one busted
dont sell games guys

"Fred Brown"??? Gotta be a made up name

Whos gonna reportedly get busted next? Joe Bloggs? John Jones? Bill Posters?

Is it anyone from x-s?

What a dumbass. Personally I use craigslist to advertise my REPAIR shop. Never modding stuff. Modding is legally a grey area. It allows you to do illegal things (pirated games), but also allows you to create/run homebrew software, run linux, among many other things that are not illegal, but this guy was clearly miles beyond that line. I always see kids selling modded xbox 1's on craigslist saying you can do all this stuff and never have to pay for a game again. Also I see tons of people selling xboxs with HD's loaded with games and no origionals. Idiots. Oh well though those types of people will always be around no matter what.

serves him right... illegal activities should get you busted

It's the fact he was selling pirated games, not just the modchip thing.

both are illegal in the USA beyond a doubt and why people in the US sell them is beyond me. read: DMCA and you will see why. I'm not sure why people still debate it, it is written law.

Just a heads up to any other idiot selling ripped dvd's of any kind or selling boxes with stuffed 250's, they are pinching right now big time.


A member here was basically investigated and strip searched at an airport and never was given reason for it. They examined his laptop and asked 50 questions about his business. (did nothing wrong so was let go)

Another was busted after putting up youtube videos bragging about what he had.

The next one was investigated by the ESA and all kinds of cash at stake.

I know of like 4 other cases that are just members on this site alone.



Look out.

Huh, if this is the person I am thinking of then I am quite surprised to hear that he was selling pirated games. He always seemed very against pirating games, and would always stress to only back-up games.

thats how most are

modchips are legal, using a hacked bios (built with xdk) are illegal and obviously so are selling pirated games.
if you really want to cover your ass, all you can technically do is install and send them to places like this so they can flash the bios themselves

You guys have got to be kidding me. Maybe it's time we all step back and think about morals but slamming on this guy and saying it "serves him right" when you're stealing the games yourselves is pathetic. I know there are people here that stick to the rules and only use backups / homebrew - but the other 95% of you should leave your hypocracy to yourselves.

The fact that they strip searched him, checked his laptop, and did all this with out a warrant, and he let them makes me laugh! BAHAHAHAH..DOLT!


Let this be a lesson to all you kiddies, when stopped by the cops and questioned. Your answer to their questions, should be in the form of a question

Q "What type of business are you into"

"Am I under arrest?"

Q: "Why do you have all this equipment"

"Am I free to go?"

Q: "Can we look in your laptop?"

"Do you have a warrant"

If they tell you they can get one, tell them you can wait (Be sure to smile).
If they had shit on you to begin with they'd already have a warrant.

LOL...learn your rights.

Amen steel skin, same thing goes with if you get pulled over. If they ask if you have weapons in the car, unless they are in plain sight, tell them no. That way they don't have reason to search your vehicle. If they ask to search, always ask for a warrant. Don't let big brother snoop through your business unless you have no other choice!

so true. I don't think this guy should get slammed for a lot of money or a long jail sentence. Now if he had a huge THRIVING buisness like the article said and sent out as many packages a day like New Egg, then yea, he probably should get the sentence, but just here and there ain't so bad, but still illegal.

Wrong. 17 USC § 1201 (The anti-circumvention clause of the DMCA) states:


So yes, it is definitely a legal grey area. Basically, it is illegal to sell/make modchips in the United States IF their primary and only real purpose is to get around a copy protection measure.

As such, it could easily be argued in court that a chip's primary use is to enable the play of legal imported games and fair use backups, as well as enable the use of homebrew code that GREATLY expands the capabilities of the system (a perfect example of this is Xbox Media Center for the xbox 1) and thus isn't just about bypassing a copy protection measure to enable piracy.

But I honestly could care less if the DMCA makes selling and using modchips illegal. It's a bullshit law that changes the way copyright has always worked. To quote one of my law textbooks on it:



In addition, nowhere does the DMCA say it is illegal to USE or BUY modchips, just to make and sell them. So that leaves the end user in the clear so long as they're not using it for piracy.

The sellers and makers on the other hand seem to be where the law is aimed at.

The only precedent for chip sales and the DMCA I could find was a September, 2006 case in which Sony sued Divineo (SCEA vs Divineo Inc, et al(457 F. Supp. 2d 957; 2006 U.S. Dist. LEXIS 74878; 81 U.S.P.Q.2D (BNA) 1045) for selling HDLoader and HDAdvance devices under the DMCA. Divineo Inc, the canada subsidery was found to have been in violation and fined $3.75 Million (no idea if they ever paid it, but...)

And Max/Divineo SARL never showed up in court, and lost by default, with Sony being awarded another $5+ million in damages. Again, doubt it was ever paid (especially since neither were US companies).

I still find it a shame that they lost the case. Divineo Inc's owner and operator Frederic Legault tried to argue (rightfully so), that the chips and devices he sold were the only means to be able to play legally obtained import games, and run homebrew programs. And while the court agreed with him, they still ruled against him, stating:

"Downstream customers' lawful or fair use of circumvention devices does not relieve Mr. Legault from liability for trafficking in such devices under the DMCA"

I just don't see how that's possible. If a device is being used for a legal purpose, how in the hell can they find someone guilty of selling an illegal device? The "downstream use" of the product IS its PRIMARY purpose.. saying anything otherwise is complete and utter bullshit.

I suppose the only real solution to this is to really push the marketing aspect of chips as devices whose PRIMARY PURPOSE is for playing legally imported games and running homebrew software. The DMCA is a terrible law, arguably unconstitutonal as it impedes interstate commerce. But that's another fight for another day. The fact that companies exploit it to harrass and extort their consumers is disgustng (Read: RIAA). In any case, I personally firmly believe that the sale of modchips IS legal under the DMCA. Just because you can kill someone with a baseball bat doesn't mean the sale of wood (or bats for that matter) should be illegal. A bat's intended purpose is to hit a baseball. And likewaise, just because you can use a modchip to commit acts of piracy DOES NOT mean that they should be illegal either. A modchip's primary purpose is to play legally obtained import games and expand the capabilities of your console to run homebrew code (Emulators, web browsers, media centers, etc)

Don't these cops got anything better to do? SERIOUSLY Selling games is a big no-no, I'd never do that, NEVER. Let's hope they don't start busting people for merely installing a chip, not that it matters, I personally rarely ever do mods anymore anyway...

those mentioning getting searched to refuse, you have a very flawed sense of how things work

yes it is your right to refuse a search, in an airport they have you by the balls because you cant fly if you dont comply, it would take months to get off of a no fly list. Frankly because of 9/11 they can do whatever the fuck they want. If a cop wants to search your car, he will, it has very little bearing on the answer to the request. Though, I have heard most that say ya sure are usually let go.

This guy does deserve what he gets. If he needs to rely on sales of something he downloaded rather then the sales of the actual mod, well he obviously needs a job. Some people never learn and I guess now advertise their guilt

haahah pethatic remeber one thing only help ur self not others as i do with my life unless its like helping the poor or something with money thats diff but illegally is stupid just keep illegal things 2 urself and u wont get fucked jeez.

I don't know how it works as far as airports go, but as far as POLICE goes, unless they have a warrant, they CANNOT legally search your car against your will. If they do anyway after you say no, anything they find that may be illegal will be inadmissible in court, and your case will easily be dismissed.


AppleGuru

I applaud you for your post. I agree 100%. No manufacturer can be held responsible for what the end consumer does with their product.
What next? It will be illegal to open YOUR xbox because you MIGHT be modding it...pfft.

Why do you think the request is made? Sure some officers are great at mind games.. they deal with miscreants every day. But if they ask, why would you ever say yes? If they have probable cause, they wouldn't even ask you.

My friend had an traffic issue a little while back, and asked an officer for a police report. The officer bluffed, not wanting to fill out a report, telling her shed get points off her licence. She asked for his badge number and he tripped all over himself apologizing and making up excuses for his behavior.

You have still rights, keep them.

-dp

wrong...very wrong...read below



modchips are bought with non-XDK derived BIOS' on them - like for example the linux cromwell BIOS and thus are not illegal. however there are technically reverse-engineering laws around too - so it is hard to say for certain the legality of a mod-chip - thus the common referral to it being a "grey" area.

selling copies of other people's property (like video games or movies) is definitely illegal and if anyone does this, they should be punished.

we, however, do not know the full facts on this case yet and should not rush to judgment.

Am I the only person to find this quote rediculoous/funny?

hmmm, advertising illegal stuff on craigslist might be a bad idea.

Ok selling pirates games is DEAD WRONG people so stop it.
Just mod the console for your client. 100% that person will go out and find and buy pirated games from someone else.

I wish those morons keep getting cought because those are the ones that give real modders a bad name.

Also is funny that the police/feds go after morons like this when they should be going after terrorist/bin ladden. Remember when 9/11 happend the feds were in New Orleans bugging phones and trying to catch a prostitution ring.

Talk about PRIORITY.


Peace

well its pretty borderline there. installing a chip or flashing your drive isnt illagle for backup. but if you start selling/stealing games etc then your crossing the line. thats why xbox 1 chips are sold eyther blank or with cromwell bios. couse the bios are illagle to sell. bascily if they ever whent after you and all you had was backups you own they would have a very weak case you could easly defete but if you have stolen stuff your gonna be in big truble.

as for this guy and the others posted hear befor everyone was selling piret games and thats where they can get them and relly they deserv it. they whont go after a homebrew modder like myself with all orignal games couse they would lose.

I concur.

10 people have called me today all worried. Thanks for the concern man but it was a different Fred in North County that got busted. Like you said, I have never sold games and never will (not even premods). I actually only have a few games and really don't have time to play given my schedule. Feel free to come through for an update and maybe a match of Street Fighter on the stand up or something

My deal is truly part time and I love what I do. Many people have come to me for repair and legit reasons. I've seen a mother with three kids, an applesauced drive, and scratched discs. I get the occasional Soccer or RPG freak that paid for an import that just wants to play it. I get the usual media buffs that want to turn their console into a streaming media center. I've even had a few that just wanted to use their console for development or screenshot purposes. Aside from that, I usually don't ask.

"Till All Are Modified"

just a quick statement since its really off topic

if a cop asks to search your vehicle, you can say no, but the fact he asked you in the first place means he is bored or suspicious. he will get a warrant, then he will search the shit out of your car and take his damn time. If you say yes and be compliant then they will let you go or get it over with. If you want to be a dick to a cop be my guest.

Do you guys think or know if they ever go after the modders costumers or friends??
Because I know a few modders that do the whole sha-bang.

He managed to make the $100,000 bail money.
No sympathy for him. We all have families to feed, houses to pay for etc. It is called life. Most of us do it legally.


Supplying garments for people who do mods is not a crime

Lol " customers "

Despite what the article says (thanks Xbox-Scene, for blowing up headlines again), he wasn't arrested for selling pirated games and modding consoles. He just sold pirated games and that's a big no-no. I have never heard of anyone who has been taken into custody for just modding consoles.

A less suggestive and more neutral headline for the article would have been: "Software pirate faces jail time after raid". Xbox-Scene isn't helping with giving 'modders' a bad name.

modders != pirates

They don't need a warrant, just probable cause. A cop could say that he smelled marijuana. If you think he would not get away with it, then you are dead wrong.

As for the topic, I really hate it when x-s says "modder" instead of pirate. It is misleading. Like many have stated, he got in trouble for selling pirated games and not modifying xbox consoles.

edit: sorry The Zep Man I over looked your post. I basically said the same thing.

Some people will never get it, use common sense and understand pop media is full of BS almost always.

They'd definitely say he was selling pirated games because that invokes the bashers, even ones from the same community who do the same thing the guy does; not because it is necessarily accurate (or even needs to be accurate, since free press' announcements are not bound by law to be 100% accurate). I for one will not believe every modder they have trumped such statements about was actually doing more than modding. It is much more likely non-techie reporters/cops saw burnt games laying about and decided it was piracy they were there for, possibly even because of the fact it elicits the most hate from the person's peer community.

It's called probable cause (wiki) where they are legally able to search you without a warrant.
In most places the standard is that they reasonable grounds to suspect you have been involved in a known crime.

BTW: even if they say they smelled marijuana, it does not stand up in court. Smells are subjective, one person I know clearly thinks dirty socks smell like it... and in a closed environment like a vehicle the source of the smell can easily be misidentified. Also, under no circumstance allow them to search you on such shaky grounds without a lawyer present - you DO have rights, including the right to have counsel present even if you have not been arrested! If they decline to provide access to counsel, they are screwed when it comes time to go to court again.

Now people will understand why the moderators work so hard to keep this site completely legal.. (no backups of backups.. no piracy talk.. no torrents talk.. etc.etc..)

I love people like this... I hope he Enjoys his time.. How stupid could you be!



Since when is that illegal? I mean its just a back-up I would want it to work and be like the org disk, or it really would not do Any Good!

bonehead bonehead bonehead stupid dumbass bonehead bonehead!!!! (RAWHIDE!)