Stolen PS3 tracked through PSN
Police appeared on Waller's door after the purchase, and they inquired as to how he had come across the system. According to the Salisbury Post, the police were able to track the system whenever Waller turned on his system. The original owner of the PS3's PSN ID was still stored on the system, and it was set to auto-login when the system turned on. By tracking Waller's IP address, they were able to find him.
Waller is of course innocent in the whole debacle, but police confiscated his system nonetheless. While the police look for the person who sold the stolen system to the games shop, Waller was given compensation from the store he didn't want: an Xbox 360. "Waller is appreciative of the offer from the store but notes the Xbox isn't nearly as expensive or sophisticated as the PlayStation."
[Thanks, jimb!]
Reader Comments (Page 1 of 1)
sibbor @ Aug 11th 2008 8:12AM
LOL!? Getting a X360 instead of a new PS3 system? Damn, my inner rage meter would have filled up in a matter of seconds.
jimb @ Aug 11th 2008 8:17AM
Two thanks in for the stories in a row...
leiwei @ Aug 11th 2008 8:21AM
Poor guy. He was probably getting ready to startup a blu-ray collection too!
leiwei @ Aug 11th 2008 8:22AM
Hmm.... forgot to add, so value of used PS3 = value of Xbox 360 (new I'm hoping) at game store?
OddyOh @ Aug 11th 2008 8:23AM
He should just trade the XBox to another store towards a PS3!
stargateheaven @ Aug 11th 2008 8:29AM
That's no fair. Even if i personally don't like the 360 as much, he's lost out on money! :(
Albanian_Killa @ Aug 11th 2008 8:34AM
WTF? He didn't get his money back for something that was stolen? This fucker should sue and get all his money back so he can buy a PS3.
Steve Childs @ Aug 11th 2008 7:08PM
lol, that's the normal American Response isn't it, to shout 'SUE!'.
I'm assuming US law is the same on this point, but if you buy Stolen property, whether you know or not and its then found to be stolen, you loose any rights to it - it still belongs to the original owner.
The only way you could sue is if you could prove that the shop should have known it was stolen, which lets be honest, is pretty neigh on impossible to prove.
In this case, its simply hard luck. But hey, look on the bright side, it was only a PS3, it wasn't a $15000 car.
jackjon @ Aug 11th 2008 8:44AM
wowiest. inside that console must be hidden the secrets to creating a new form of crack. more potent than ever before. why they went to the trouble of all that, when there is some real shit going on in the world.... tracked his ip through psn? how did that come to be? was sony looking for the console as well?
thinkofmeasmra @ Aug 11th 2008 12:44PM
thats what i was thinking....they would have HAD to have cpoperation from Sony which means they took the time to go back and forth with Sony to help them track it down...all this for a stolen ps3 when as you said, theres murders and you know, real shit the cops should be dealing with.
BowserUSC @ Aug 11th 2008 3:20PM
I hope you remember your comments next time anything is stolen from you.
Starks @ Aug 11th 2008 8:55AM
Poor guy, getting an x-box to replace the PS3
I'd sue to get my money plus some more due to the stress of having the police knocking on my door.
Mein Bratwurst @ Aug 11th 2008 9:03AM
Poor guy indeed... first he gets a stolen PS3, now he has to experience the red ring of fail. :(
drdre74 @ Aug 11th 2008 9:10AM
no way in hell. The store would give me a new PS3 not a xbox thats going to break down as soon as he plugs it in. Its not his fault that they bought a stolen PS3 and sold it. If his girl paid for a ps3 then he should get a PS3 replacement.
johnnyknockuup @ Aug 11th 2008 9:26AM
Doesnt make sense, he bought and paid for a ps3. Its the stores responsibitily to give him what was bought. It wasnt the customers fault it was stolen.
kingofwale @ Aug 11th 2008 9:51AM
not for fanboy fuel... are you sure you are on the right website?
Geez, read the url. ps3FANBOY.com...
Edge @ Aug 11th 2008 9:55AM
Yes, I read the URL. This is me cutting off the negativity in the gamer media. If any other fanboy blog wants to take a cheap shot like this, they will lose my page views.
Eggy @ Aug 11th 2008 9:57AM
ha with this post I made you check this site again!
Cory @ Aug 11th 2008 10:09AM
Two important questions.
1: Did the guy who originally had his PS3 stolen get it returned to him?
2: Did the new guy get his money back from the game store? They sold him stolen goods, last time I checked thats illegal.
theberlindoctor @ Aug 11th 2008 10:29AM
Its not the store's, nor the cops' responsibility to repay you for purchasing stolen goods. If you buy stolen goods, from anyone, the cops take it away and you're never compensated. There is no legal recourse you can take. That's just the way it works. The store didn't have to give him anything.
Maverick Saturn @ Aug 11th 2008 11:03AM
True, 360 must be against his religeon or something, lol, even a normal PS3 fanboy would have taken the 360, walked into the next game shop and traded it off with a bit of extra cash for a brand spanking new PS3 :P
aarin @ Aug 11th 2008 3:50PM
Seriously? You can't really believe that. Do you?
Selling stolen goods is illegal. The RETAIL store that sells a widget, which is later confiscated as stolen property, is liable for the sale-cash back or replacement of the same item (hopefully legal, this time).
You must be confused about buying something out of the trunk of a car, parked in an alley. In that case you don’t get anything.
How could you honestly believe that you would lose your money? From the consumer/buyer perspective, it's the equivalent of buying a broken PS3-exchange at no cost.
The onus is on the retail store to make sure the items it sells are not stolen items. It is not the responsibility of the buyer.
Out of the trunk of Guido the Killer Pimp's trunk? Caveat emptor.
theberlindoctor @ Aug 11th 2008 3:55PM
Care to back up your claims with some links to court rulings where retailers unknowingly sold stolen goods and were ordered to give the customer a refund?
noobymcpwn3d @ Aug 11th 2008 7:07PM
Dear Berlindoctor:
It's called warranty of title. The end buyer here never got good title to his PS3 because the store had no good title to give, so the original owner could get it back. However, the store impliedly warranties that the title to what they sell is good, so the unlucky PS3 buyer here could sue them for breach of that warranty. (It is possible that the retailer explicitly disclaimed that warranty, in which case the buyer may be out of luck). Check section 2-403 of your state's Uniform Commercial Code. If you want a case, here you go. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ok&vol=/appeals/1987/&invol=1987okcivapp78
Love,
Chicagolawyer
theberlindoctor @ Aug 11th 2008 7:45PM
Awesome, thanks a lot! I got burned in a similar situation and was told by more or less everyone that there was no recourse. Its a bit late to go do something about it now, but thanks for setting the record strait.
Maverick Saturn @ Aug 11th 2008 11:01AM
Bit stupid to come here in the first place don't cha think, considering the title and all? Would have thought it would have clicked in your brain the first time you saw this blog, the url and the type of articles it posts.
Obviously not, but hey, if you're gone send us a postcard once in a while, we won't notice you left otherwise.
Zim @ Aug 11th 2008 11:35AM
Ist it the stores resposnability to ensure the goods they sell are not stolen ? Especaly when they hav.e made money on stolen goods
I would demand my cash back or else i would goto the police and demand that its seized under the procedes of crime act.
VoLiTioN @ Aug 11th 2008 11:49AM
Why do people seriously think they matter in terms of this site's readership? Whenever someone threatens to stop reading any site, it's laughable. Nobody cares. The writers sure as hell don't care, There's plenty more people that actually get a kick out of the content.
And if we're going to bring up the point about ads, I'm sure the staff here make enough money that one less reader is pretty insignificant. Not reading this site anymore? Cool. GTFO.
I, for one thought this was pretty funny. Sucks he didn't get his money back though. :|
Joe H @ Aug 11th 2008 12:06PM
lollerskates!!!!!!!!! dear ps3fanboy: please send this on up to engadget to post (if you haven't already;) i want to see a flame war start. the inner rage of console owners is a glorious emotion to behold
Nate @ Aug 11th 2008 12:15PM
an xbox 360? huh? well, any games he might have bought for the ps3 are now useless... an extras... and blu ray movies... and ANYTHING that you would use the ps3 for. its ridiculous.
even if he purchased a "stolen" system from a store, that store still had the obligation of selling him a used ps3 for his money. If the sold him a stolen ps3 instead of a used ps3, then they have to get a used ps3 to sell him - or else they sold him an xbox 360 at ps3 prices, while advertising a used ps3.
Neuromancer @ Aug 11th 2008 12:44PM
This guy doesn't know how lucky he is. The 360 should be more expensive than the PS3, not the other way around.
In all seriousness though that is an assy deal, that game store was the one who screwed up by buying stolen goods first and they should take the hit, not the consumer.
Chas B @ Aug 11th 2008 1:06PM
I can't believe they tried to give him a 360 instead of a PS3...why would he ever accept that offer?...WOW.
DAYCALLMEMYNAME @ Aug 11th 2008 2:23PM
Chas B, They probably offered him a 360 because they had no more used PS3s... And 360 is 300 new right now and PS3 is 400 new.... Since he bought the ps3 used he probably payed around or less then the cost of a new 360.... Store person was just being nice... seeing that he wanted a next gen system...
Arnon @ Aug 11th 2008 1:47PM
Just wondering, but because you're disagreeing with him, means you SUPPORT flame-bait?.. Why would anyone want to support something like that.
CrzyNick @ Aug 11th 2008 2:11PM
Man that sucks!
This is why I don't like gamestop (besides them playing games and selling them for new also selling used games only $5 less).
They could of given him another used ps3 but the 360s must be piling up lol.
DAYCALLMEMYNAME @ Aug 11th 2008 3:14PM
LOL, I agree with you with the part about Gamestop is a rip off... I used to go there to buy games and they tried pressureing me into buying the used version and I said "NO! I just want the new one" they then said why not its just like new and every thing I said "because its only fucking 2 dollars less... " I was pissed at this dumb fuck.... Any way you can get good deals for used games off ebay.. shit I just sold GTA4 MINT condition (looks like brand new) for only 21.50.... it was a auction and he got it, I'm not the only one who sells "new" games that low..
glebray @ Aug 11th 2008 3:10PM
Wow I would have taken the 360... At least sell it. Arrogant fanboy...
MakaiOokami @ Aug 11th 2008 4:13PM
It's the companies fault for not turning it on, testing it, and making sure it wasn't stolen before selling it to some poor person. He should take it to small claims and get a BRAND NEW PS3. That's what I would have done. It's not his fault to make sure a PS3 HE buys isn't stolen it's THEIR job.
The1stMJC @ Aug 11th 2008 4:27PM
Damn see MIcrosoft has gaemstop in their pocket. Weird that instead of giving him what he lost a ps3, they give him a 360. Conspiracy I say Conspiracy!
streetball4life @ Aug 11th 2008 6:27PM
man thats fucked up! my first 60 Gig PS3 got stolen too and i called the cops like 30 minutes after it happened. Got the police reports and everything. Absolutely nothing was ever done about it. They thought it was a joke pretty much. And didnt take me serious at all. I even called Sony myself and they said they couldnt track it. BULLSHIT!!!!
F*$% the POLICE!!!!!!!!!!!!!!! I HATE EM!!!!!!!!!!!!!!
CPRxChris @ Aug 11th 2008 7:36PM
You forgot to mention the quote where the guy estimates that he had been jipped (in overall value) for $150. I'm serious, that wasn't a flame post, he really did say that.
Phil @ Aug 12th 2008 10:55AM
I wonder if the banner to the top right of the pic is the whole banner - it would seem they're trying to give away 360's then :D
Araskaz @ Aug 12th 2008 12:42PM
Guys do you even know what compensation means? He didn't accept the 360 - so he got his money back.
Phil @ Aug 13th 2008 3:06AM
Where does it say he never accepted the 360 and got his money back?
Rustykettle @ Aug 13th 2008 2:16AM
He was probably getting to the ending of MGS4 when they police arrived, handcuffed him, and broke his 50 inch sony bravia LCD tv in half before he could explain that he was innocent... he was also in awe that Big Boss was still alive, and Meryl didn't take her top off.(thats my theory) PS sorry for spoilers
Nozz @ Aug 15th 2008 8:13AM
funniest post ive read in ages! thank you
neomatrix724 @ Aug 14th 2008 2:12AM
Actually by warranty and contract law it's pretty straightforward. The liability will obviously need to end up on the thief, or the first person who dealt with the thief. In this case, since the PS3 was stolen and it's assumed that the store did not know the PS3 was stolen. The store is indeed entitled to receive compensation...HOWEVER, they must either refund the money paid or provide another used PS3 to to Waller.
The reason for this is simple, since they are the ones who dealt with the suspected thieff, they are the ones who have the responsibility to track down the thief (with the help of the police). The stolen PS3 must also be returned to the previous owner. So yes, Waller loses his rights to the PS3 he received, but the store needs to give him equal compensation which means another used PS3.
Anything otherwise can technically be considered a violation of the Uniform Commercial Code. Waller doesn't actually need to sue or anything, but he can inform the store of his rights, assuming he hasn't accepted the Xbox360 as fair compensation.