Man busted by FEDs for modified Wii

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Fullmetal Chocobo

Moderator<br>Distributed Computing
Moderator
May 13, 2003
13,704
7
81
Originally posted by: Old Hippie
Originally posted by: jpeyton
I read his story and I have only one comment:

He is a complete tool for voluntarily giving his property to ICE when they didn't have a warrant.

He is also a complete tool for voluntarily speaking with ICE without arrest, without charge, and without a lawyer present.

I can't believe people are so naive. When the authorities are raiding your home and seizing your property, they are not your friends and you shouldn't volunteer a single thing.

I would venture to say 95% of the people that have never been arrested before, will react this same way. I see it all the time. I find it extremely amusing to see all the tough talk, when I know most people have never been arrested.

Or they tough talk when they shouldn't, such as on a traffic stop. If you shut up and answer their questions, they are likely to not issue a citation, and just do a verbal warning. :)
 

Wreckem

Diamond Member
Sep 23, 2006
9,539
1,106
126
Originally posted by: Injury
Originally posted by: Raduque
Originally posted by: Injury
Originally posted by: UncleWai
Two wrongs don't make a right. This guy took the risk of starting a modding service and got caught.

Probably made a few grand and didn't report one bit of it to the government, either. Dude is screwed. I don't feel sorry for him to willingly hand over things to the goverment. Anyone and everyone should know that in the completely random chance you have of getting even a few items back, it's going to be busted up and broken. If they are looking for modchips in the stuff they aren't exactly going to just bubble-wrap it and set it on a shelf until he asks for it back.

Fine, get him for tax evasion. Not "Modding". There's absolutely NO laws against modifying consumer electronics hardware. He is not responsible for what people do with the modded hardware.

Maybe the government should go after Microsoft under DMCA violations for allowing people to install pirated programs? This is completely ludicrous, and the only reason this guy was singled out because he's a small person, in the US, not a company or in a foreign country, and therefore easier to "make an example out of".

Utterly disgusting.

Oh, and Wai, if he didn't hand it over willingly, they'd have gotten a warrant to seize the equipment belonging to him regardless of location, which would have been viewed by the courts as an indicator of guilt. Though, the only reason he's guilty is that our government is greedy and thinks only of it's wallet when making laws.

Except there actually ARE laws against circumventing copyright protection both hardware side and software side.

http://en.wikipedia.org/wiki/DMCA

This is the exact same laws that held P2P programs liable for allowing users to connect to each other and download copyrighted works.

Quite frankly, if you aren't knowledgable enough to install your own modchip, you probably aren't the type of person that wants to use it for experimental or homebrew applications on a game console. Knowing that the majority of people that he was doing this work for were doing it so they could pirate games is the most likely reason for the raid.

He all but admitted that he was guilty when he allowed the cops to violate his constitutional rights against illegal search and seizure. He should have told them that he wanted to speak with a lawyer immediately.

Finally, No, requiring them to get a warrant is NOT ONE BIT at admission of guilt, and the court CANNOT view it that way. It is his CONSTITUTIONAL RIGHT. We have this little policy called "Must be proven beyond reasonable doubt" which means that the court can't just assume that someone is doing something wrong because they exercise their rights or do nothing illegal.

How again did they violate his constitutional rights?

They had a search warrant for his grandmothers house where they confiscated stuff and then he volunteered the rest. Really, they would have waited at his girlfriends apartment for another search warrant to be issued if they had to.

Everyones saying the guy is a dumbass or the feds violated his rights. Niether is the case. The feds would have gottan the required paper work with in an hour or two and the would have ripped apart his girlfriends apartment. A lawyer wouldnt have been able to do jack sh!t in preventing the seizure of his items at either his grandmothers house or his girlfriends house.
 

0roo0roo

No Lifer
Sep 21, 2002
64,795
84
91
wasting government money picking on such folk. as if there aren't any illegal immigrants left to deal with?
 

AndrewR

Lifer
Oct 9, 1999
11,157
0
0
DMCA is garbage, but I'm rather excited to think I could be one of those agents in a year or two. Applying to ICE in a few weeks. ;)

He was doing it for profit -- tough for him.

wasting government money picking on such folk. as if there aren't any illegal immigrants left to deal with?

Idiotic reasoning. It's tantamount to saying that the police shouldn't pursue any petty crimes because there are murders and rapes to be solved. There is manpower for both. As I understand it from a former agent, ICE deals with customs as much as if not more so than immigration.
 

wetcat007

Diamond Member
Nov 5, 2002
3,502
0
0
Originally posted by: ultimatebob
Originally posted by: DaveSimmons
This guy was busted as a modder-for-profit not for playing with his own wii.

It might be legal for you to mod your own console, regardless of EULA, but the chipmaker and dealers may be violating copyrights, patents and the DMCA.

Yeah, he's definitely screwed. He's basically building and selling equipment designed to circumvent copy protection for a profit, which makes him enemy #1 for Nintendo and Microsoft.

I'll bet the police raid the folks building hacked cable and satellite boxes to get free service all the time as well, but they don't seem to get the same press that the game box modders do.

It's still sad that it's illegal to produce/purchase items such as mod chips. They do have legitimate uses. A gun can be used for murder, however that doesn't mean that it will be used for that. I don't see how mod chip are any different.
 

vrbaba

Diamond Member
Jul 17, 2003
3,266
0
71
Originally posted by: joshsquall
I wonder how things like this will be affected in the next 10-20 years as people who actually know anything about computers, video games, and other methods of digital entertainment become politicians and law enforcement officers.

Dont be too sure. I am waiting for people who actually know anything about anything to be politicians, and then I look at the president of the US, and people aspiring to be in politics, and it doesnt look good.

A lot of radical, worthwhile people will need to join politics to make any real difference. The good ones just get discouraged by the current state of affairs, and let the same ol tards run for it.
 

AndrewR

Lifer
Oct 9, 1999
11,157
0
0
Originally posted by: wetcat007
Originally posted by: ultimatebob
Originally posted by: DaveSimmons
This guy was busted as a modder-for-profit not for playing with his own wii.

It might be legal for you to mod your own console, regardless of EULA, but the chipmaker and dealers may be violating copyrights, patents and the DMCA.

Yeah, he's definitely screwed. He's basically building and selling equipment designed to circumvent copy protection for a profit, which makes him enemy #1 for Nintendo and Microsoft.

I'll bet the police raid the folks building hacked cable and satellite boxes to get free service all the time as well, but they don't seem to get the same press that the game box modders do.

It's still sad that it's illegal to produce/purchase items such as mod chips. They do have legitimate uses. A gun can be used for murder, however that doesn't mean that it will be used for that. I don't see how mod chip are any different.

From what I understand, the problem was not the modding necessarily but the importation of the chips from China, which is why Immigrations & CUSTOMS Enforcement (ICE) was involved with the raid.

US Government just wants the modders to use American chips. ;)

The pistol has legitimate, non-criminal uses (target practice, home defense -- it's also protected by the 2nd Amendment), but the mod chip has only one use -- playing pirated games. There's the key difference, unless I misunderstand the reason for modding.
 

DivideBYZero

Lifer
May 18, 2001
24,117
2
0
Originally posted by: AndrewR
Originally posted by: wetcat007
Originally posted by: ultimatebob
Originally posted by: DaveSimmons
This guy was busted as a modder-for-profit not for playing with his own wii.

It might be legal for you to mod your own console, regardless of EULA, but the chipmaker and dealers may be violating copyrights, patents and the DMCA.

Yeah, he's definitely screwed. He's basically building and selling equipment designed to circumvent copy protection for a profit, which makes him enemy #1 for Nintendo and Microsoft.

I'll bet the police raid the folks building hacked cable and satellite boxes to get free service all the time as well, but they don't seem to get the same press that the game box modders do.

It's still sad that it's illegal to produce/purchase items such as mod chips. They do have legitimate uses. A gun can be used for murder, however that doesn't mean that it will be used for that. I don't see how mod chip are any different.

From what I understand, the problem was not the modding necessarily but the importation of the chips from China, which is why Immigrations & CUSTOMS Enforcement (ICE) was involved with the raid.

US Government just wants the modders to use American chips. ;)

The pistol has legitimate, non-criminal uses (target practice, home defense -- it's also protected by the 2nd Amendment), but the mod chip has only one use -- playing pirated games. There's the key difference, unless I misunderstand the reason for modding.

It also allows region locked games to run regardless of system origin, but that is rarely the motivation...
 

Injury

Lifer
Jul 19, 2004
13,066
2
81
Originally posted by: Wreckem
Originally posted by: Injury
Originally posted by: Raduque
Originally posted by: Injury
Originally posted by: UncleWai
Two wrongs don't make a right. This guy took the risk of starting a modding service and got caught.

Probably made a few grand and didn't report one bit of it to the government, either. Dude is screwed. I don't feel sorry for him to willingly hand over things to the goverment. Anyone and everyone should know that in the completely random chance you have of getting even a few items back, it's going to be busted up and broken. If they are looking for modchips in the stuff they aren't exactly going to just bubble-wrap it and set it on a shelf until he asks for it back.

Fine, get him for tax evasion. Not "Modding". There's absolutely NO laws against modifying consumer electronics hardware. He is not responsible for what people do with the modded hardware.

Maybe the government should go after Microsoft under DMCA violations for allowing people to install pirated programs? This is completely ludicrous, and the only reason this guy was singled out because he's a small person, in the US, not a company or in a foreign country, and therefore easier to "make an example out of".

Utterly disgusting.

Oh, and Wai, if he didn't hand it over willingly, they'd have gotten a warrant to seize the equipment belonging to him regardless of location, which would have been viewed by the courts as an indicator of guilt. Though, the only reason he's guilty is that our government is greedy and thinks only of it's wallet when making laws.

Except there actually ARE laws against circumventing copyright protection both hardware side and software side.

http://en.wikipedia.org/wiki/DMCA

This is the exact same laws that held P2P programs liable for allowing users to connect to each other and download copyrighted works.

Quite frankly, if you aren't knowledgable enough to install your own modchip, you probably aren't the type of person that wants to use it for experimental or homebrew applications on a game console. Knowing that the majority of people that he was doing this work for were doing it so they could pirate games is the most likely reason for the raid.

He all but admitted that he was guilty when he allowed the cops to violate his constitutional rights against illegal search and seizure. He should have told them that he wanted to speak with a lawyer immediately.

Finally, No, requiring them to get a warrant is NOT ONE BIT at admission of guilt, and the court CANNOT view it that way. It is his CONSTITUTIONAL RIGHT. We have this little policy called "Must be proven beyond reasonable doubt" which means that the court can't just assume that someone is doing something wrong because they exercise their rights or do nothing illegal.

How again did they violate his constitutional rights?

They had a search warrant for his grandmothers house where they confiscated stuff and then he volunteered the rest. Really, they would have waited at his girlfriends apartment for another search warrant to be issued if they had to.

Everyones saying the guy is a dumbass or the feds violated his rights. Niether is the case. The feds would have gottan the required paper work with in an hour or two and the would have ripped apart his girlfriends apartment. A lawyer wouldnt have been able to do jack sh!t in preventing the seizure of his items at either his grandmothers house or his girlfriends house.

Yeah, but the FACT is that they didn't have a warrant at the time, and he just broke down and bent over by even talking to them. Any lawyer worth their salt could have been there faster than a second warrant could be issued and keep him from saying things he shouldn't.
 

Injury

Lifer
Jul 19, 2004
13,066
2
81
Originally posted by: Injury
Originally posted by: Killerme33
Originally posted by: Injury
Originally posted by: Killerme33
I've always wondered: If you were to copy a Wii or 360 DVD on your computer why wouldn't it play w/o a modchip? Isn't the DVD exactly the same as the original?

For the same reason that Windows software doesn't run (natively) on the Mac platform, and for the same reason that you weren't able to install Windows on the Mac before they were redesigned to work the same as PCs.

The coding is designed to run with specific hardware and a specific firmware/OS/etc. You can copy the contents of the disc because a computer can read it, it just doesn't know what to do with it. It's a foreign language to computers.

I'm sorry I kinda phrased my question wrong. I meant if you use your computer to make an exact copy of the DVD and then put it in your Xbox or Wii it won't run it. Isn't it the new DVD an exact copy of the old one?

The problem there is that the discs themselves contain a specific bit of information that is required to decode the disc... somewhere in that inner ring of data is a ring that relates directly to the system that allows it to work.

What the crap? I didn't make this post... unless I was just that far gone.. :-X.
 

RaiderJ

Diamond Member
Apr 29, 2001
7,582
1
76
I've spent some time in the "modding scene", and I did always feel that running a business around modding would be a big grey area. You can argue up and down that modchips have legal uses, which they most certainly do, but that's not why most people get them. XBMC is an exception, as it is a fantastic piece of software.

That said, I completely disagree with the interpretation of the DMCA. Having a modchip doesn't mean you are committing piracy, just as having a DVD burner means you are copying DVD movies. The majority of the modchips aren't able to play backups unless modified in some way anyway. Plus, I can tell you the skills required to install a modchip are not trivial. If everyone who had a modchip installed in their machine never bought a retail game again, it wouldn't even have the slightest effect on game sales.

I haven't heard anything from the individuals that I know, but I'm certainly interested to see where this goes. My advice to anyone targeted: don't say a word!
 

Atheus

Diamond Member
Jun 7, 2005
7,313
2
0
Originally posted by: AccruedExpenditure
Originally posted by: Killerme33
I've always wondered: If you were to copy a Wii or 360 DVD on your computer why wouldn't it play w/o a modchip? Isn't the DVD exactly the same as the original?

n00b.

Surely, if it is possibly to make a functionally exact copy of an object, it should behave in exactly the same way. The only explaination is that the DVD reader/writer does not make an exact copy, but if that's the case, why don't they make DVD readers/writers which *do* make an exact copy?...
 
May 16, 2000
13,522
0
0
I'm against ANY retained ownership or rights. Once I buy something it's mine and I will absolutely do as I please with it. Obviously making copies and distributing them isn't right, but if I buy an object and keep it then it's MINE, and no one has any rights over what I do with it. Likewise all EULA's are abominations and should be utterly abolished.

If he was directly redistributing something then sure, he deserved to get nailed. But if he's merely providing info or non-pirated materials for others to use on their own belongings then he's above reproach.
 

preslove

Lifer
Sep 10, 2003
16,754
64
91
The DMCA was enacted to prevent people from enabling others to break copyright restrictions. This is a proper enforcement of the act. You can disagree with reasons for the act, but not on this particular enforcement.
 

jagec

Lifer
Apr 30, 2004
24,442
6
81
Originally posted by: AndrewR
The pistol has legitimate, non-criminal uses (target practice, home defense -- it's also protected by the 2nd Amendment), but the mod chip has only one use -- playing pirated games. There's the key difference, unless I misunderstand the reason for modding.

That's not entirely true. I don't own a modded console, but among the uses for mod chips are the ability to install/use a bigger hard drive (for your own music, saves, etc), the ability to run game from said hard drive (I know plenty of people with legit games who did this for speed reasons), and the ability to play games from other regions (like Japanese games, which are surprisingly popular and not all of which make it across the pond).

I won't deny that most owners of modded consoles probably pirate as well, but that's what they should be arrested for, then.

 

Nocturnal

Lifer
Jan 8, 2002
18,927
0
76
To me it's similar to how places are able to sell crack pipes, marijuana pipes, meth pipes, bongs, etc. They can ALL be used for illegal purposes and more often than not, are. Modchips can be both used for legal and illegal reasons. I have given up though as nothing can be done. Corporations are making money and that is the bottom line and the main point in almost everything.
 

Nocturnal

Lifer
Jan 8, 2002
18,927
0
76
Originally posted by: Atheus
Originally posted by: AccruedExpenditure
Originally posted by: Killerme33
I've always wondered: If you were to copy a Wii or 360 DVD on your computer why wouldn't it play w/o a modchip? Isn't the DVD exactly the same as the original?

n00b.

Surely, if it is possibly to make a functionally exact copy of an object, it should behave in exactly the same way. The only explaination is that the DVD reader/writer does not make an exact copy, but if that's the case, why don't they make DVD readers/writers which *do* make an exact copy?...

That's exactly it. DVD writers DO NOT make 1:1 copies. I remember there was a Sony burner that made it to market that would allow for 1:1 copies of any type of disk but it was immediately pulled.
 

Nocturnal

Lifer
Jan 8, 2002
18,927
0
76
Originally posted by: torpid
What are the legal purposes for a Wii mod? Just imports as far as I know.

Mainly for any modchip is to play imported games and homebrew (running unsigned code).