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.