CycloDS taken by customs

Discussion in 'CycloDS' started by eugLena, Jan 31, 2009.

  1. eugLena
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    eugLena Member

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    Hey guys, I'm a new member here. Just thought I'd share with you what happened to me this week. I ordered a CycloDS from Divineo and had it shipped Fedex. Apparently it was taken by customs and I was sent a letter by homeland security saying that it was taken because I am attempting to circumvent Nintendo's copyright laws.

    I've looked up everywhere for the legality of simply owning the card (not using it for illegal purposes) and it seems it is perfectly legal. Unfortunately it seems to me like petitioning to receive my CycloDS is going to cause legal repercussions and a horrendous wait.

    I think this is absolutely ridiculous. What should I do? Petition to get my cyclo and make sure to use it legally, or should I just let them seize and destroy my items (I also ordered HD cables for Wii from Divineo)?
     


  2. Link5084

    Link5084 Sword & Shield at your service

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    Seriously? I never heard something like this. I prefer to just get your money back and pay for the CycloDS at Dealwoot.com
     
  3. Filter

    Filter GBAtemp Regular

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    Wow how the hell did they know if was an flash card without opening it? Isnt that illegal opening packages like that?
     
  4. Translucentbill

    Translucentbill GBAtemp Fan

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    Order from realhotstuff, they have amazing shipping [​IMG]

    And wow, thats major bullshit that they took it.
     
  5. TrolleyDave

    TrolleyDave Philosolosophising

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    Customs can open and sieze anything they want. What's more funny is the fact that the letter came from Homeland Security, because flashcarts are a real threat to the internal security of the US government! lol

    edit : Freedom, freedom, freedom OI!
     
  6. eugLena
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    eugLena Member

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    Lol I'm just shocked. And yeah the envelope is Homeland Security & US Customs and Border Patrol, but the letter itself states US Customs and Border Patrol. Either way, it does seem to be a waste of my taxpayer money (and now my "regular" money). Getting the items back is not worth the hassle I'm thinking and my best bet would be to request a refund from Divineo.
     
  7. mrSmiles

    mrSmiles Dundunduuuun

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    I ordered my cyclo ds from the same place you did and i never had aany problems with it, i'd suggest you contact divineo
     
  8. TraumaHoundNDS

    TraumaHoundNDS GBAtemp Fan

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    Seriously, gang,
    [​IMG]
     
  9. eugLena
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    eugLena Member

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    Lol, are you joking? I am legitimately warning people that an order from Divineo could very well be monitored for flashing hardware by US customs. I will gladly scan and provide the document sent to me by US customs with my personal information crossed out.

    And as a follow-up, I called US customs and they will not separate my other items I ordered from what they deem to be illegal. So EVERYTHING i ordered is being held. I am choosing not to go through the hogwash with the government and told them to just seize them permanently. I reordered another CycloDS from an American vendor, so hopefully everything goes well!
     
  10. 5thdimension

    5thdimension Member

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    I take back this statement as page 2 shows the proof.
     
  11. Heran Bago

    Heran Bago Where do puyo come from?

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    What they did is illegal unless they can prove you are using it illegally - like if they find ROMs on it.
     
  12. sgand

    sgand Advanced Member

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    LOL just order it from somewhere else. So you lose $50. The only thing you'll be doing while trying to fight the government is wasting your time. Yes, you were very unlucky for this to happen, but just take the loss and move on.
     
  13. Lumstar

    Lumstar Princess

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    Be patient. If you can find case law determining the legality of owning flash carts...
     
  14. Wizard298

    Wizard298 Advanced Member

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    Divieno in the past was raided by customs/police and such. I would try to stay away from any company that got ni trouble..... US customs needs there priority checked,...... openeing a package with a flashcard and confiscating it while the dirty bomb made it's way over the boarder.... freaking idiots.

    ANyways I bet companies like this are flagged and all packages are opened I bet. I have been ordering from modchip.ca and when I get my packages the package tamper tag is messed with and the package double taped. Not to mention I have to sign for it when I never had to sign for my packages before. SO I think I am also being monitored or something.

    This sucks man I feel ya, I would be pissed if it happened to me!
     
  15. DeMoN

    DeMoN GBAtemp Guru

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    A scan would be nice. Something like this needs to be reported so other people don't fall victim to it.
     
  16. doyama

    doyama GBAtemp Maniac

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    Usually the way they get around this is to ship the cart with no firmware installed. At least in the USA, the flashcart itself is not a violation of the DMCA. The software loaded onto the cart is. Thus a cart with no firmware is in fact not a violation of the DMCA.

    Whether the cyclods comes loaded with the firmware or not it's going to be difficult to get it back from customs without a lot of effort even if it technically legal.
     
  17. jesterscourt

    jesterscourt Not Brad.

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    Count your loses. Order from Real Hot Stuff, which are NJ based. Be happy.
     
  18. Lazycus

    Lazycus Rotten

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    C'mon kid, where's the scan? Without it I'm still calling BS on your story.
     
  19. kobykaan

    kobykaan GBAtemp Addict

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    not heard of CYCLO's being seized and at least not SINGLE cards being seized only large bulk shipments like a hundred or more!

    there's a guy over at maxconsole who had a shipment of R4 cards seized but then again it was a few hundred in several boxes .. not the odd 1 or 2 !?

    as above tho Divineo have been rumbled/turned over a few times for crap like this wondering if they still stamp or frank their shipments with the word Divineo on the front of it !? maby that's the reason why they took interest??

    there's no reason at all for them to seize other items such as cables for Wii consoles as they cannot be used for anything other than output display like a Scart/PĂ©ritel cable but as above they sometimes keep the whole shipment until proceedings have taken place and a decision is made!

    you could take the matter up with Divineo but you may have to forward a copy of the letter as proof even then they may turn round and say tough luck its outta their hands!

    A good retailer would happily send out another and send it via a different method to make sure you get it [​IMG]

    but like I said I'm surprised with just 1 card that they took it!

    my guess is that Divineo foolishly labeled the package as ds flash card or Nintendo DS piracy device or something else blatantly obvious!
     
  20. Hop2089

    Hop2089 Cute>Hot

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    Your scans of the papers please because I ordered an Acekard2i and it was delivered just fine it was just I had to pick it up at the post office because the postman wouldn't deliver it to my home since it was in an ice storm and my street wasn't clear of ice.