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Videogame Pirate Gets Long Jail Sentence

Thanks to the San Jose Business Journal for its article discussing the sentencing of a notable videogame pirate to 50 months in prison after being found guilty on charges of "copyright infringement and... mail fraud." According to the piece: "[Sean Michael] Breen... admitted that he was a leader in the Internet-based piracy group known as Razor1911. Since the early 1990s, Razor1911 had sought to achieve a reputation in the underground Internet piracy community... as the leading distributor of cracked computer and console game software." A report at GameSpot has further details, noting Razor1911 "...acquired advance copies of [videogame] titles by posing as reviewers for fictitious game magazines and having them shipped to a derelict storefront address in Oakland."

13 of 92 comments (clear)

  1. I for one applaud by foidulus · · Score: 4, Insightful

    I know I'm running a flame risk here, but I for one applaud this arrest. It's people like this that enable companies to rationalize(in lawyers terms anyway) DRM rights systems, which annoy the living crap out of people who actually pay for these things and like to support developers/artists/whatever
    Now the fact that he got caught showed just how dumb he was. Trying to steal hardware like that always leaves too many traces around, and if the company has the money, it will influence law enforcement to do the investigation. I dunno if this will start a "scared straight" program with warezers, or maybe they'll just keep to their little gated communities now. Hopefully a high-profile case of a really prolific pirates will ensure that game companies don't need to go the way of the RIAA, at least not anymore than they have.

  2. Doesn't bother me by metroid+composite · · Score: 2, Insightful

    I can understand using a ROM for old games; stuff you can no longer find. I haven't done it myself (...honest) but I know plenty of people who have especially for games more than five years old, and it doesn't bother me. Lying, just to get a game a few days early in order to get a jump start on cracking it is pushing things very far.

  3. Jailtime? by Kris_J · · Score: 5, Insightful

    I find it hard to justify jailtime for offences relating to videogames. Hefty fines, sure. Community service, why not. But jail should be reserved for people that are a physical threat to the community. How much more is this person going to cost society during those 50 months?

    1. Re:Jailtime? by Radius9 · · Score: 3, Insightful

      I actually am a professional game developer, and I think this guy's sentence is WAY too harsh. Speaking as someone who works in the video game industry day in and day out, I have never seen anyone in the business overly concerned with piracy one way or another, its just one of those things considered a given. Anyway, the real point of my message is to say not only is this guy going to cost society for the next 50 months, but he will continue to be a cost after he gets out. Do you really think that once he gets out he will be a fine "rehabilitated" member of society, able to contribute in a positive fashion? Of course not. Personally, I think a more fitting punishment for a pirate would be to make him work in the video game industry for free, doing things like coming up with better copy protection, testing games, hell, even programming. Let him see what goes into writing a video game while gives something back to the industry that lost in the first place. But I don't believe the guy belongs in jail for piracy (if he stole hardware from Cisco, that's another matter that I'm not going to weigh in on.)

  4. Re:He'll be missed by Kris_J · · Score: 1, Insightful
    It does make sense to be sending someone to jail for this.
    Why? Vengance? Why not home detention or hefty fines? What possible reason other than spitefulness could the community have to go to the expense of jailing this individual? Was he violent, likely to attack video game publishers, firebomb an office?
  5. Re:...the cracker by foidulus · · Score: 5, Insightful

    Well, if they don't like the program and it's costs, DON'T USE IT! Use (and contribute to) OSS instead. It's like people complaining that Adobe prices photoshop too high so they are forced to pirate it. Well, the Gimp is out there for free, and if you want a feature implemented, the Gimp is open source, you are free to add whatever features you want. Simple as that. You know, I don't want to plunk down $35k for an SUV because I don't think they are worth that much, but does that give me the right to go out and steal one? Of course not. We are lucky to have such a dedicated OSS community. On some projects, the quality might not be as high as you like, but YOU have the power to change that.
    I hate how people seem to have this sense of entitlement to software. The software company doesn't exist for your benefit, as it shouldn't. Most of it's not essential to live and succeed, and the stuff that is(OS, internet browser, and Office program) all have both closed and open source versions. If you feel that the closed source version is what you want, then go out and buy a copy. If you don't want to pay that much for it, or you just don't plain want it, go with open source. Or create your own. Maybe if you were the one who created content you might be much less supportive of the pirate community.

  6. MOD PARENT DOWN - CLUELESS KARMA WHORE!!! by Anonymous Coward · · Score: 1, Insightful

    It's people like this that enable companies to rationalize(in lawyers terms anyway) DRM rights systems, which annoy the living crap out of people who actually pay for these things and like to support developers/artists/whatever

    So, you've been modded +5 because you think that piracy is responsible for DRM. Right. Theft is responsible for higher prices in the shops, too. Alright.

    But let me tell you something. If piracy and theft would stop to exist there would be...

    1) less competition for people who produce crap. George Lucas could sell much more of his fucked up Star Wars versions if people wouldn't already have the pirated/theatrical versions.

    2) DRM and high prices in shops certainly would continue to exist. (Piracy and theft were nice to justify greed but WTF?)

    Like it or hate it. I have ~70 years to live and I won't waste time to spend money on greedy people or bullshit that I can get for cheap or for nothing (especially if it was produced in a foreign country).

    Piracy is competition.

  7. Re:...the cracker by Rallion · · Score: 4, Insightful

    Razor distrubuted far more games than apps. The two realms are totally different. I can't believe that OSS could ever possibly be a solution for commercial games.

    I'd like to agree with the rest of the things you said, though. Except I can't. Because it would make me a terrible hypocrite.

  8. Re:A few things I'd like to mention by Anonymous Coward · · Score: 2, Insightful

    The arrest of one or two dozen pirates does not even scratch the tip of the iceberg. The authorities know it but they still bust a group or two every couple of years for PR purposes.

    Pretty much the same thing as the drug war. Make a "big" bust every once in a while to make it look like you're doing something, yet the supply is basically unchanged (or at best you cause a minor inconvience.)

  9. Re:...the cracker by Fallout2man · · Score: 5, Insightful

    First of all, your comparison to SUVs is like apples to Oranges. an SUV is a tangible physical good, software is entirely intellectual property. As well, I know this is probably the billionth time it's been said. Piracy is not theft, it is copyright infringement, there is a world of difference.

    Secondly, most applications, such as the ones you mention, have more then enough business customers that every person who needed it for a hobby or curiosity pirated it, they'd barely see a difference in profits.

    I also highly doubt OSS will ever fit the need for games anytime in the next 20 to 30 years, especially with the increased demands for higher and higher quality models/textures/other art stuff. You could be the best programmer in the world, have an engine and all the code finished, and not be able to make a good game merely because you lack good artists/modelers/etc willing to contribute to a "free" game.

  10. Re:...the cracker by foidulus · · Score: 2, Insightful

    Once again, nothing is stopping you or any other artist from contributing to OSS, OSS doesn't just entail software developers. A lot of starting artists I'm sure would love to contribute because it would look great in their portfolio. They probably just aren't really aware of the opportunity to do so, so it's up to the supporters of OSS to show them there is a world out there where than can basically do shameless advertising/portfolio stuffing.
    That being said, it would be nice if companys would contribute some of their old models/textures to the OSS movement, ie when Quake III(just an example, Id might already do this for all I know) stops selling well, they should contribute some of the models(and code!) to the OSS movement.

  11. Re:...the cracker by FroMan · · Score: 3, Insightful

    Razor distrubuted far more games than apps. The two realms are totally different. I can't believe that OSS could ever possibly be a solution for commercial games.

    What does it matter that Razor distributed games rather than apps? Both require developers to produce. If you do not like the fact that a game is $50+, don't play it until it hits the $20 rack, or $10 rack, or what ever level rack you feel it is worth. But also do not play the game until you have bought it. Otherwise the developers will not get the point that you think they charge too much for their games, they will see you as a pirate taking what they have spent time and effort writing so they can take a paycheck home at the end of the week.

    --
    Norris/Palin 2012
    Fact: We deserve leaders who can kick your ass and field dress your carcass.
  12. Re:Why parent is a moron. (Was Re:...the cracker) by SuiteSisterMary · · Score: 2, Insightful

    Yes, because just because it can be physically duplicated for little to no cost doesn't mean it's free.

    Of course not. The SUV owner isn't deprived in the slightest.

    No, but the company who has to pay designers, engineers, assembly line workers, and so on, is. You're getting the fruits of somebody's labour for free, when they're not giving it away for free. That's theft.

    --
    Vintage computer games and RPG books available. Email me if you're interested.