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ESA Initiates Police Raid Against Console Modder

Donkey Konga writes "A San Diego man was arrested after a raid turned up over a thousand counterfeit games, modded consoles and mod chips. Frederick 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.' After the ESA learned of his activities, they contacted San Diego law enforcement and the San Diego Computer and Technology Crime High-Tech Response Unit led the raid on his home. '"CATCH was very receptive to the evidence we brought them and were able to put the investigation together in very short order," ESA VP Ric Hirsch told Ars.' Brown now faces 10 felony counts related to selling pirated games and modding consoles."

24 of 139 comments (clear)

  1. Vista residence? by matt+me · · Score: 4, Funny

    You can live inside an operating system? Now that's virtualisation. It must be hell.

    1. Re:Vista residence? by MorePower · · Score: 2, Funny

      I'm still trying to figure out why the European Space Agency went after him.

  2. Okay... by 3p1ph4ny · · Score: 2, Insightful

    I understand the pirated games part, but how can he possibly be charged with anything about modding consoles? Sure, the console manufacturer doesn't want you to do it, and (in the case of the Xbox 360) they'll go to great lengths to prevent you from doing it (that's their "right"). They can't make it illegal though, can they? That's just stupid.

    1. Re:Okay... by pclminion · · Score: 2, Informative

      I understand the pirated games part, but how can he possibly be charged with anything about modding consoles? Sure, the console manufacturer doesn't want you to do it, and (in the case of the Xbox 360) they'll go to great lengths to prevent you from doing it (that's their "right"). They can't make it illegal though, can they? That's just stupid.

      Hello, DMCA? The modded console is a copyright circumvention device.

    2. Re:Okay... by twistedsymphony · · Score: 3, Interesting

      The Modchips alone are either just your typical bios chip (like the Xbox and PS2) or they're you're standard PIC/AVR microcontroller (PS1, Wii, Saturn, Dreamcast, etc.)

      The use of modchips is a very gray line and using a modchip in and of itself is not a crime even under DMCA... most are sold blank or with "legal" firmware that does nothing to aid in circumvention of protection mechanisms. Xbox 1 chips specifically come pre-loaded with "Cromwell" bioses that are based on Linux and don't actually allow the playback of backup discs.

      The bioses that do allow the playback of backup discs are hacked version of the original bioses or development bioses, and themselves are considered pirated material (like the Evox and X2 series of hacked bioses for the Xbox 1).

      Seeing as I know someone who was recently arrested for selling pirated Xbox games "and installing modchips" He was only ever charged with the piracy issues... It's my understanding that most of the time they'll report about the installation work in the papers but it's so far over the heads of the police and prosecutors that they don't even try to make a case for the modchip stuff... it's just too much work to make a sound case for it when they've got X hundred counts of piracy that they can easily nail them with.

    3. Re:Okay... by aichpvee · · Score: 2, Interesting

      Is it illegal under the DMCA to circumvent region locking mechanisms? And if you could prove that the lockout is actually more about locking users out of playing alternate region discs would you still be in violation?

      Not that we shouldn't keep working to get rid of the DMCA since it serves no purpose for the people and is effectively just more corporate welfare on top of that.

      --
      The Farewell Tour II
    4. Re:Okay... by tsa · · Score: 4, Funny

      So in principle I am not allowed to use a door as a table in the USA. Great law. I'm glad I live in Europe.

      --

      -- Cheers!

    5. Re:Okay... by mastershake_phd · · Score: 2, Informative

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

      * (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;

      * (B) 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; or

      * (C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.


      I always thought mod-chips were legal based on this. As long as the "primary purpose" was to use homebrew software. Or, in the case of the action replay or game-shark (which is apparently legal but can be used to circumvent copy protection), to modify parts of the systems memory for cheating purposes.

      But, now that I read it again, it is quite vague. I guess it depends if the "work" being protected is the console or the disc that goes in it.

  3. The headline is a little misleading by XxtraLarGe · · Score: 3, Informative

    If he's selling pirated stuff, that's one matter but why should it be illegal to modify your console? If somebody wants to copy their own personal copy of a game onto their hard drive, that should fall under fair use (note I said should, not does). The headline makes it sound like modding consoles is all he's guilty of.

    --
    Taking guns away from the 99% gives the 1% 100% of the power.
    1. Re:The headline is a little misleading by Aladrin · · Score: 3, Informative

      Maybe you missed the news for quite a while now, but it's illegal to circumvent copyright here now. The chip itself is not illegal, but once you install it, you've broken the law, even if it's not actually ever used.

      Yes, it's a stupid law. But it's still the law, and if you break the law (and get caught!) you get arrested.

      I have to wonder if they guy -wanted- to be arrested, though. Advertising illegal activities on Craig's List? Jeeeez. Maybe he could put posters on the Police Headquarters' doors next time, instead.

      So, WHY would he want to get arrested? There's only 1 way to get a law off the books: Fight it in court. Yes, it's stupid, too. You have to actually break the law you think is unfair, do jailtime, and then beat it in court (probably several courts) before you can get the law removed.

      This is true no matter how stupid the law is, and that's why there's still a law in FL that makes it illegal to blow bubbles underwater, or to lead your elephant down Main Street backwards in Maine. (I may have the places wrong, but they exist.)

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    2. Re:The headline is a little misleading by mrchaotica · · Score: 2, Insightful

      So, WHY would he want to get arrested? There's only 1 way to get a law off the books: Fight it in court.

      No, I'm sure he was just a stupid criminal, in it only for the money. Why? Because he was committing massive copyright infrigement too. If the whole thing was a ploy to dispute the "circumvention device" parts of the DMCA, he would have only installed modchips, but not distributed games also.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    3. Re:The headline is a little misleading by MBGMorden · · Score: 2, Interesting

      Most modchips are distributed with BIOS's that only run Linux and the like. Allowing it to circumvent copyright requires further modification to the modchip (ie, reflashing it). If that enables copyright infringement then so does the original device, as it can perfectly well play copied games as soon as someone tinkers with it in the appropriate manner.

      A simple mod-chip that has not been reflashed can not be considered illegal, even under the DMCA.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    4. Re:The headline is a little misleading by GoodbyeBlueSky1 · · Score: 4, Insightful

      And when those folks with mod chips running Linux *and not pirating games* actually are arrested, then I'll get worked up. Yes, the letter of the law might say the mod chips are illegal but I've yet to hear about anyone being arrested for that alone. This guy's only in trouble because he's a large-scale pirate scumbag, and maybe the mod-chip thing adds some flavor to the prosecution's case. It's like how fellatio is illegal in some states, but you'd only get in trouble for it if it was tacked on to some other, much worse situation.

      These stories are always the same: somebody does something irrefutably illegal and is arrested and charged, but one or two details about the case are in a gray area, so everyone goes apeshit about the minor details. Find me a story where someone is charged over ONLY the minor details and I'll stop considering Zonk nothing more than an inflammatory troublemaker.

      [/rant]

      --
      why? forty-two.
  4. Misleading headline by Nighttime · · Score: 5, Insightful

    In typical /. fashion, headline is designed to get people impassioned about a poor console modder. A fairer headline would be "ESA Initiates Police Raid Against Games Counterfeiter." Yes, it says that in the summary but how many around here even RTFS nevermind RTFA?

    --
    I've got a fever and the only prescription is more COBOL.
    1. Re:Misleading headline by DRAGONWEEZEL · · Score: 2

      No doubt. What this guy was doing was definately wrong. Parts of it might have been fine. Really, where is the arguement for this guy? It'd be like saying " The chop shop owner should have gone to jail for procurement of stripped car parts, but it's not illegal to use an air grinder on a Honda"

      WRIGHT, WRONG, and right, (C), and right (the direction).

      --
      How much is your data worth? Back it up now.
    2. Re:Misleading headline by mrchaotica · · Score: 2

      "Counterfeiter" is misleading too. After all, those are the real games; they're just illegally duplicated and distributed. A completely correct title would have to read something more like "ESA Initiates Police Raid Against Copyright-Infringer of Games."

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    3. Re:Misleading headline by mrchaotica · · Score: 2, Insightful

      Duplicating the software is a copyright infringment. But what about the box and the other stuff?

      What about it, indeed? He didn't copy it! If he had, then he would possibly be "counterfeiting" the item, because he would have been trying to pass it off as the original. However, he was instead providing these games as files on a hard disk, making no attempt to disguise the fact that they were unauthorized copies, presented in (explicitly) a different form than the original thing. That's why I say it doesn't qualify as "counterfeiting."

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  5. Stupid... by T_ConX · · Score: 2, Insightful

    ...advertised his services on Craigslist and other web sites.

    Why don't you just go ahead and put a sign on you lawn proclaiming your ill-goten warez? I'm all for Mod-chips (for import gaming) and pirating games off BitTorrent (if a game is hard to find), but when you make a business out of it, then you've just crossed the line.

  6. I wonder when car manufacturers... by Red+Mage+13 · · Score: 4, Funny

    Will take note of this, and start raiding Autozone. Although on the plus side, if they started going after modders, there would be fewer cars with really unnecessary spoilers...

  7. Mod Chips shouldn't be illegal by PorkNutz · · Score: 4, Insightful
    IMHO, Mod chips are like guns. If a person buys a gun and kills someone with it, is the gun dealer held responsible? If I buy a mod chip and use it to play games I haven't paid for, should the mod chip dealer be held responsible?

    I understand that this guy was also selling unauthorized copies of games and HDDs preloaded with games, and he should have to face penalties for that, but why should I be disallowed to by a mod chip simply because I "could" pirate games with it? Should I be disallowed from buying a computer simply because I could copy music, games, or applications with it? I have two Xboxes in my house that are modded, but only so I can use them as media centers and to let me and my daugter play games we own without risking damage to the original DVDs.

    The DMCA sucks nuts.

    -----
    Police State T-Shirt
    Funny Shirts @ ProStoner.com

  8. The dummy turned off UAC by Anonymous Coward · · Score: 5, Funny

    Never had a chance.

    "You door is about to be kicked in, Cancel or Allow?"

  9. Preloaded XBox 360 hard drives? by despisethesun · · Score: 2

    I might be reading a little too much into the summary, but can you run 360 games from the hard drive now? I haven't really been following the XBox 360 mod "scene", but that was one of my favourite things about my modded XBox. It's incredibly convenient.

    --
    This poo is cold.
  10. He's not the only stupid one by Jaqenn · · Score: 3, Funny
    Advertising on Craigs list is pretty dumb. I have a story that may match it:

    In my little college town, there was a guy who owned his own small business, doing mostly PC repairs / upgrades. He acquired a reputation in my geeky-friend circle as being a little shady and a lot overpriced.

    Apparently he also started modding XBoxes on the side. I met a neighbor that had one that he'd worked on, and as a result of the mod you'd get an extra splash screen when booting your XBox. I'm futzing the details, but the splash screen said something like this:

    This console modded by Bob's Smalltown PC Shop!
    I'll mod your console too for $35!
    Contact me at 1234 Main St, (999)-999-9999.

    I was dumbfounded that he'd leave such evidence on something that he had to have known was illegal. It made me want to buy one and forward it to Microsoft just for spite, because it seemed a tragic injustice that someone could do something so stupid and never have to deal with the results.

    I never got around to it, though, because then he skipped town without paying the last X weeks of back wages to his employees. As far as I know no-one ever found him, but I didn't pay much attention after the first bit of news.
    --
    You are awash in a sea of fiercely stated opinions. Obvious exits are: 'File->Quit', 'Reply', and 'Page Down'.
  11. Re:Dont worry... by MstrFool · · Score: 2, Insightful

    We still do the same in the US, and you're starting to hear about people making the effort to crack down. Just because they can't enforce it today doesn't mean they won't find a way to enforce it tomorrow.

    --
    Question reality.