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 EisenWhen I write about these massacres, I don't use the shooter's name or picture. I'm not saying everyone has to play it that way but that's how I prefer to do it.10/25/2014 - 12:44am
Andrew EisenYep, it's why the news media stopped spotlighting numbnuts who run out on the field during sporting events.10/25/2014 - 12:01am
Matthew Wilsonin media research its called the copycat effect. it simply says that if the news covers one mass shooting shooter, it increases the likelihood of another person going on a mass shooting.10/25/2014 - 12:00am
Andrew EisenAgreed. It bugs me that I know the names, faces and personal histories of a bunch of mass shooters but I couldn't tell you the name of or recognize a photo of a single one of their victims.10/24/2014 - 11:51pm
AvalongodAgree with Quiknkold. @Mecha...if that worked we would have figured out how to prevent these long ago.10/24/2014 - 11:32pm
MechaCrashUnfortunately, you have to focus on the perpetrator to figure out the whys so you can try to prevent it from happening again.10/24/2014 - 10:55pm
quiknkoldpoor girl. poor victims. rather focus on them then the shooter. giving too much thought to the monster takes away from the victims.10/24/2014 - 10:15pm
Andrew EisenFor what it's worth, early reports are painting the motive as "he was pissed that a particular girl wouldn't date him."10/24/2014 - 10:12pm
quiknkoldwell then I suck as a man cause I ask for help when necessary :P10/24/2014 - 10:07pm
Technogeek(That said, mostly I was making the smartass evopsych comment because your post seemed like the kind of just-so story that has come to dominate 99% of its usage.)10/24/2014 - 10:04pm
TechnogeekHell, Liam Neeson built his modern career around it. Cultural factors likely play a far greater role than you appear willing to admit.10/24/2014 - 10:03pm
TechnogeekSeriously, though, the idea of "because women are protectors and that's why they never commit school shootings" is, at best, grossly overreductive. There's nothing inherently feminine about being willing to kill in order to protect one's offspring.10/24/2014 - 10:03pm
MechaCrashThe "toxic masculinity" thing refers to how you have to SUCK IT UP AND BE A MAN because seeking help is seen as weakness, which means you suck at manliness, so it builds and builds and builds until something finally snaps.10/24/2014 - 10:01pm
quiknkoldthere, I'm done. And thats what Christmas is all about, Charlie Brown10/24/2014 - 9:54pm
quiknkoldand I am not spouting Evopsych, technogeek. tbh I never heard the phrase till you said it. I'm going off my observations.10/24/2014 - 9:54pm
quiknkoldmoreover, the guy who did this isnt even white. He was native american according to the news report I read. Also that he went for a specific target. That's a much different picture than a certain Sandy Hook guy who will not be named10/24/2014 - 9:53pm
quiknkoldbut I am also certain nobody in their right mind is committing these shootings singing the Machoman song. these are sick individuals who have given up on life10/24/2014 - 9:51pm
Technogeekevopsych lol10/24/2014 - 9:49pm
quiknkoldWhen you suffer from mental illness, youre more likely to go by instinct. yes. I came off as sexist.10/24/2014 - 9:46pm
quiknkoldmore on somthing they are fixated on. Post Partum Depression is an example. This is why a woman is less likely to go off on a rampage.10/24/2014 - 9:44pm
 

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