FBI Sends Game Warez Pirate to Jail: We Have the Details

August 29, 2008 -

Kevin Fuchs does not dispute that he was a software pirate.

As GamePolitics reported yesterday (see: ESA Happy to See Game Pirates Going to Jail), Fuchs copped a plea to federal charges that he was part of a warez group which shared pirated game software. He will begin an 8-month stretch in a federal prison soon, followed by another 8 months of house arrest.

So what did Kevin Fuchs do? The ESA's press release didn't specify, except to say that Fuchs supplied and tested software for his warez group. But GamePolitics has obtained a copy of Fuchs' indictment, which alleges that he targeted the following games and software products:

  • NCAA Football 2004 (Xbox)
  • NFL Street (Xbox)
  • MS Encarta Deluxe 2004
  • Unreal Tournament 2004
  • MS Windows 2000 Professional
  • Kill Bill, Vol. 2

Fuchs' role in his warez group was to download software cracked by other members, test to make sure it worked properly, and then re-upload it for distribution. He also supplied "key generators," software which creates access keys for copyrighted software.

While the FBI alleges Fuchs committed piracy for personal gain, his indictment reads more like that of a gardern-variety warez kid. Even the feds acknowledge this aspect of the warez scene in the indictments's introductory paragraphs:

Other motives in addition to profit include the thrill and social comradery members obtain through clandestine participation in the illegal activity; and the reputation and fame that attends membership and participation in the "top" warez groups.

Indeed, if Fuchs was in it for the money, it wasn't working. A March, 2008 motion filed by Fuchs' attorney with the U.S. District Court for the Western District of North Carolina (where the case originated) asks for a continuance of Fuchs' sentencing because he and his parents could not afford to travel from New York to North Carolina.

The motion also notes that Fuchs has apparently engaged in efforts to rid himself of the pirate's stain:

Professor William Haslinger, of the Hilbert College Economic Crime Investigation Department located in Hamburg, New York... has worked with Fuchs since his arrest and plea to enhance awareness of the illegality and economic harms associated with digital downloading of music and software via the internet, which remains widespread and is often perceived as legal activity. Professor Haslinger will provide evidence of Fuchs’ post offense rehabilitation and his participation as a speaker in forums for college students regarding the illegality downloading and what can happen if you are caught.


Comments

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

*Pointing, laughing and downloading movies even now.*

 

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

I'm going to go download Mercenaries 2 out of pure spite now. Want piracy to stop? Update your goddamned business model. If digital distribution doesn't work why the hell are Sony, M$ and Nintendo running around with such hardons for it? Provide a legal alternative, and most people will do The Right Thing.

Believe it or not, by creating the ESA/RIAA/MPAA, you're not protecting your respective industry, nor your profits. You're just alienating your target audience.

 

gg

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

Some of you people ask...  "Why is the FBI going after software pirates when there are bigger "more important" people to bust? You know, like terrorists and rapisits, murders and people who are generally more dangerous to society." The reason why is because Software Pirates are easier to track down and bust... well.. somewhat easier. Besides, the guy being busted for Software Piracy here is just being made an example of. This is so they can put fear into other people in hopes that they will begin to think twice before engaging in such activities.

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

Yep... that's what I thought. They're making an example out of him.

I'm willing to bet that it's going to get worse before it gets better. How much longer before we can draw parallels between this and the tactics of the RIAA?

 

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

I like that they added the word "thrill" in there.  I think that's why there is so much pirating going on.  Watching stuff download is quite a rush.

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

I think it was the thrill of being the supplier and having people rely on him.  It is the act of publishing the pirated software, not the act of downloading that is being punished

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

 LMAO

They are sure helping the prison overcrowding issue here by throwing this guy in with killers and rapists... 

 

 

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

But his name's all durka-sounding and stuff! He just has to go to jail! Everybody knows he singlehandedly invented them and was the sole party responsible for the International Famiclone Conspiracy that has cost Nintendo the funds to develop all sorts of hookers for Hiroshi Yamauchi!

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

Kevin Fuchs 'all durka sounding'?  Fuchs is a German name meaning 'fox'.  If his name was Mohammed Akbar Ul-Haq I could see it being described as all durka sounding, but Kevin Fuchs is about as durka sounding as Bill Clinton or George Bush.

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

"So, what're ya in for?"

"Software piracy."

"DEAR LORD GET ME AWAY FROM THIS GUY, HE'S A MADMAN!"

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

One down, now for the other hundred million.  Let's start with this Internet thing.

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

The war in terror has been won finally! Thank you FBI! You certainly have made the streets safer.

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

Nothing to do with the War on Terror. Nothing.

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

Didn't you know? Pirating games supports terrorism.

- We live in a world where, "I like to play video games" seems to translate to, "I like to kill babies" in the minds of the stupid.

- Stand back! I have an opinion, and I'm not afraid to use it.

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

WOW! Eight months for that list?  Wonder what kind of punnishment he would have got if he had pirated some popular games. 

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

He could've at least jacked some better games if he was going to go to jail for it.  I wouldn't even rent those.

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

*Snort* I didn't think anyone realized my silly little town existed!  (Yup, I live in Hamburg, NY!) Haha, amusing. Too bad I don't go to Hilbert College,  I go to D'Youville College, soon to be university by the end of 2009!

Hate to be the one to say it, but, I am glad to see others finally getting busted for pirated software.  I'm in IT/Computer Science, and if I spent a good three, four years writing software to just see it on a torrent site, I would be pretty ticked. I just can't wait to see his article posted, I want to read it!  Anyone know where I might be able to find it?  Thanks for all help!

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

How is house arrest supposed to punish a digital criminal?

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

Ummm with no links to profit...why is the FBI involved with a civil case?

Infringement is nol a legal crime, its civil infringment...

I is fuzzy brained mew =^^=
http://zippydsmlee.wordpress.com/
(in need of a bad overhaul)


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

That is interesting, isn't it.

But then I remembered that piracy causes gazillion megatrillion USD in economic damage every year, and I suddenly understood it all.

-- http://pixelantes.blogspot.com/

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

Once again the FBI being used for corperate intrests...... oh what a lulzy day....

 

I is fuzzy brained mew =^^=
http://zippydsmlee.wordpress.com/
(in need of a bad overhaul)


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

Actually, the FBI is in charge of anything that crosses state lines at any point, including piracy.  It has nothing to do with corporate interests.  Goddamn man, lay off the conspiracy theories before you go insane.

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

Kind of humorous to read down that list, only to see Encarta Deluxe 2004 pop out of nowhere.  It's like something out of an association test: "This is a list of items.  Which one does not belong?"

Re: FBI Sends Game Warez Pirate to Jail: We Have the Details

I'd have to say that Kill Bill vol 2 is the one that didn't belong. It was neither a game nor software product, although there was a cancelled Kill Bill vol 1 game for the original Xbox (it never make it to development, despite Vivendi Universal Games holding the rights for it, so there couldn't be a leaked demo.)

岩「…Ace beats Jack」

岩「…I can see why Hasselbeck's worried about fake guns killing fake people. afterall, she's a fake journalist on a fake news channel」

 
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Andrew EisenWould such disclosure still be required if Fantasy Life were reviewed by Jose Otero, who wasn't hired by IGN until sometime after Drake left?10/02/2014 - 11:19am
Papa MidnightIn that case, a disclosure might be in order. The problem, of course, is applying it on a case-by-case basis; As EZK said, what's the cut-off?10/02/2014 - 11:19am
E. Zachary KnightAndrew, a disclosure would probably be in order as she likely still has a strong relationship with IGN staff. My follow up question would be "What is the statute of limitations on such a requirement?"10/02/2014 - 11:09am
E. Zachary KnightSleaker, my hyperbole was intended to illustrate the difference and similarity between direct censorship and indirect censorship.10/02/2014 - 11:07am
Andrew EisenOpen Question: Former IGN Nintendo editor Audrey Drake now works in the Nintendo Treehouse. Do you think it's important for IGN to disclose this fact in the review of Fantasy Life, a game she worked on? Should IGN recuse itself from reviewing the game?10/02/2014 - 11:07am
E. Zachary KnightSleaker, My thoughts on disclosure: http://gamepolitics.com/2014/09/25/what-your-gamergate-wish-list#comment-29598710/02/2014 - 11:02am
Sleaker@EZK - using hyperbole is a bit silly. I'm asking a serious question. Where's the line on disclosure as relates to journalistic involvement in the culture they report on?10/02/2014 - 10:59am
E. Zachary KnightSo a journalist reporting on general gaming news mentions a specific developer and their game involved in said news, and it is suddenly some nefarious conspiracy to hide a conflict of interest. I think someone is reaching for validation.10/02/2014 - 10:53am
Andrew EisenYes, imagine anyone insisting that two utterences of the phrase "Depression Quest creator Zoe Quinn" wasn't influenced by something happening in the future!10/02/2014 - 10:52am
Sleaker@Pap Midnight - So wouldn't it be any journalist writing about general gaming culture would need to disclose any and all links/ties to said general gaming culture to be ethical? Also @EZK to use you're own methodology, I'm still curious on the question10/02/2014 - 10:49am
KronoSure none of those are reviews, but it is positive exposure, which as illustrated by The Fine Young Capitalists, is pretty damn important for getting people to check out your work.10/02/2014 - 10:32am
Krono@Midnight and of course the article most people mention and insist was no way influenced by him being romantically involved only days later, and her friend beforehand here: http://goo.gl/xCzivK10/02/2014 - 10:29am
Papa MidnightThe term "lovers" might be pushing it given the apparent time frame, but I understand what you're saying. Even if they were friends at the time, then that may present impropiety. However, that calls for a Magic-8-Ball level of speculation.10/02/2014 - 10:26am
Krono@Midnight She was a guest on an RPS show he cohosted here: http://goo.gl/QxljSG10/02/2014 - 10:24am
prh99Personally I'd say her original piece on Bronies was far more ethically questionable. Though for different reasons.10/02/2014 - 10:20am
Krono@Midnight On the Grayson relationship? For starters it depends on how long they were friends before they were lovers. Nathan gave Depression Quest top billing back in this article: http://goo.gl/tqGsnW10/02/2014 - 10:20am
Papa MidnightIf said journalist, however, is placed into a position where they have to write about matters dealing with DICE, then yes, a COI is present and should be declared.10/02/2014 - 10:18am
Papa MidnightHypothetically, if a developer from DICE starts dating a tech journalist from CNN tomorrow, so long as said CNN journalist is not (in)directly involved in any editorial process regarding matters dealing with DICE, there's no need to declare a COI.10/02/2014 - 10:18am
Papa MidnightThere's no need for it. A declaration of a Conflict of Interest is only necessary in the event that the parties may be placed into a situation where the conflict may become a factor.10/02/2014 - 10:16am
Krono@prh99 It was after #gamergate. There was a post on r/games that called out the lack of disclosure.10/02/2014 - 10:12am
 

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