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Operation Site Down is the umbrella name for a law enforcement initiative conducted by the United States' FBI and law enforcement agents from ten other countries which resulted in a raid on targets on June 29, 2005. Three separate undercover investigations were involved, based in Chicago, Charlotte and San Jose. The raid consisted of approximately 70 searches in the U.S. and approximately 20 others in ten other countries in an effort to disrupt and dismantle many of the leading Warez groups which distribute and trade in copyrighted software, movies, music and games on the Internet. [1] [2]
On February 1, 2006, the U.S. Attorney's Office under Patrick Fitzgerald announced that it was indicting nineteen members of Risciso, a software and movie infringement ring, in U.S. District Court in Chicago. The lead prosecutor for the government in this case was Assistant U.S. Attorney Pravin Rao. [3] [4]
Up to May 6, 2008, there had been over 40 convictions as a result of the ongoing investigation. As part of each plea agreement, each defendant has agreed to forfeit the equipment that was seized during the federal search warrants executed on June 29, 2005.
Mark G. Carter II (a.k.a. Burner), 29, of Upland, California, was sentenced to 30 months' imprisonment, and ordered to pay $34,964 in restitution. Judge Whyte also sentenced the defendant to a three-year period of supervised release. On December 12, 2005, Carter pleaded guilty to one count of violating the NET Act and to one count of conspiracy to commit criminal copyright infringement. The defendant began serving the sentence on October 26, 2006.
Ryan Zeman, 23, of Rohnert Park, California, was sentenced to three years' probation, four months' home confinement, four months' community confinement, and required to pay $120,000 in restitution. On October 3, 2005, Zeman pleaded guilty to violating the NET Act, 17 U.S.C. § 506(a)(1)(B) and 18 U.S.C. § 2319(c)(1), and aiding and abetting.
Gregory Dickman, 25, of Wilmington, North Carolina, was sentenced to 8 months' home confinement, three years of probation and ordered to pay $31,515 in restitution. On April 10, 2006, Dickman pleaded guilty to conspiring to commit criminal copyright infringement in violation of 18 U.S.C. § 371 and to violating the NET Act, 17 U.S.C. § 506(a)(1)(B) and 18 U.S.C. § 2319(c)(1), and aiding and abetting.
Johnny Russell, 34, of Spring, Texas, was sentenced to 8 months in a community confinement facility, three years of probation, and ordered to pay a $11,508 in restitution. On April 10, 2006, Russell pleaded guilty to conspiring to commit criminal copyright infringement in violation of 18 U.S.C. § 371 and to violating the NET Act, 17 U.S.C. § 506(a)(1)(B) and 18 U.S.C. § 2319(c)(1), and aiding and abetting.
This section possibly contains original research .(January 2020) |
An online film series titled The Scene is a fictional take on the actual bootlegging scene. Some claims have been made that there are coincidences between the series and actual events.
The main character is Brian Sandro, an NYU student, who also infringes Hollywood movies in his spare time. Sandro heads the movie release group, CPX.
In episode nine, released in the beginning of June 2005, Sandro, whose IRC alias is Drosan, is messaged by a member named Gryffin. Gryffin was earlier looking for members of CPX in a different IRC channel. Gryffin's friend's father apparently works at a film studio and Gryffin is asking to be a supplier to CPX. The Gryffin character in the scene comes off as a little mysterious, but otherwise harmless.
However, it was pointed out that his name is similar to the nickname of the actual lead FBI agent, Griffen, responsible for the busts in Operation Site Down. Also, in the messaging session between Drosan and Gryffin, the music playing in the background periodically says "he works for the FBI" in a trancelike fashion.
Jun Productions, the creators of The Scene, deny all accounts that they had insider information about the arrests and that the similarities are only coincidences.
However, according to a Slyck posting, [5] Gryffin the character and Griffen the FBI agent shared the same BNC the.yankees-suck.net. The vhost resolves to Hurricane Electric, which is the location of the two Fed topsites: CHUD and LAD.
Furthermore, Bruce Forrest, who was quoted in a Wired article [6] as a self-proclaimed "double agent", was an active correspondent for The Scene series. While Jun Productions claim that Forrest had no involvement in the ninth episode (he supposedly left on his own terms after the eighth episode), some speculate that it could have been an elaborate warning by Forrest about the impending Federal arrests.
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.
Warez is a common computing and broader cultural term referring to pirated software that is distributed via the Internet. Warez is used most commonly as a noun, a plural form of ware, and is intended to be pronounced like the word wares. The circumvention of copy protection (cracking) is an essential step in generating warez, and based on this common mechanism, the software-focused definition has been extended to include other copyright-protected materials, including movies and games. The global array of warez groups has been referred to as "The Scene", deriving from its earlier description as "the warez scene". Distribution and trade of copyrighted works without payment of fees or royalties generally violates national and international copyright laws and agreements. The term warez covers supported as well as unsupported (abandonware) items, and legal prohibitions governing creation and distribution of warez cover both profit-driven and "enthusiast" generators and distributors of such items.
Operation Buccaneer is an "ongoing international copyright piracy investigation and prosecution" undertaken by the United States federal government. It was part of a crackdown divided into three parts: Operation Bandwidth, Operation Buccaneer and Digital Piratez.
Patrick J. Fitzgerald is an American lawyer and former partner at the law firm of Skadden, Arps, Slate, Meagher & Flom.
Topsite is a term used by the warez scene to refer to underground, highly secretive, high-speed FTP servers used by release groups and couriers for distribution, storage and archiving of warez releases. Topsites have very high-bandwidth Internet connections, commonly supporting transfer speeds of hundreds to thousands of megabits per second; enough to transfer a full Blu-ray in seconds. Topsites also have very high storage capacity; a total of many terabytes is typical. Early on these warez sites were mainly distributing software such as games and applications after the release groups removed any protections. Now they are also a source of other copyright protected works such as movies and music. It is strictly prohibited for sites to charge for access to the content, due to decreased security, and sites found doing so are shunned by the topsite community.
Operation Fastlink is a coordination of four separate, simultaneous undercover investigations by the Federal Bureau of Investigation (FBI) Cyber Division, the Department of Justice, the Computer Crimes and Intellectual Property Section (CCIPS) of the Criminal Division and Interpol. The four different investigations have not been publicly enumerated, but the U.S. Department of Justice has said in at least one press release that "Operation Higher Education" is the largest component, with participation from twelve nations. Mention has also been made of an investigation into pre-release music groups led by FBI agents from the Washington Field Office. As of March 6, 2009, the FBI states that Operation Fastlink has yielded 60 convictions. The raids occurred in similar fashion to those from Operation Buccaneer and Operation Site Down. Other somewhat-related law enforcement actions include Operation Gridlock and Operation D-Elite.
Rabid Neurosis (RNS) was an MP3 warez release organization which was founded in 1996, following in the footsteps of Compress 'Da Audio (CDA), the first MP3 piracy group. In 1999, the group claimed to have released over 6,000 titles a year. RNS occasionally used the tagline "Rabid Neurosis - Spread The Epidemic." RNS were best known for releasing highly anticipated albums by hip hop, pop, rock and dance artists weeks and sometimes months before their official release date. RNS is known to have greatly contributed to the mp3 scene.
Pirates With Attitudes (PWA) was a major international warez release group between 1992 and 2000. The group was established by two former International Network of Crackers members known by the pseudonyms Orion and BarManager. PWA was also very well known during the tail end of the BBS-era for their development of modifications and enhancements ("mods") for the PCBoard BBS software.
Hew Raymond Griffiths was accused by the United States of being a ring leader of DrinkOrDie or DOD, an underground software infringement network, using the online identity of "Bandido". Griffiths was living in Berkeley Vale in the Central Coast Region of NSW, Australia before he was placed on remand at Silverwater Correctional Centre. After fighting extradition for almost 3 years, Griffiths was finally extradited from Australia to the United States and on 20 February 2007, appeared before Magistrate Judge Barry R. Portez of the U.S. District Court in Alexandria, Virginia. On 20 April, it was announced by the U.S. Department of Justice that Griffiths had entered a plea of guilty.
Operation Safehaven was a fifteen-month investigation conducted by the United States Immigration and Customs Enforcement ("ICE") in conjunction with the U.S. Attorney's Office for the District of Connecticut and the Department of Justice against those affiliated with the warez scene.
Apocalypse Production Crew was a major MP3 warez organization founded by two individuals known under the pseudonyms acid^rain and Viper in May 1997. aPC operated well into the mid-2000s and was subject to raid during Operation Fastlink—a coordination of four separate simultaneous undercover investigations by the FBI, the FBI Cyber Division, the U.S. Department of Justice, the Computer Crimes and Intellectual Property Section (CCIPS) of the Criminal Division and Interpol. aPC was known to many as the first organized group to put mp3s onto the internet. Their efforts predated the scene and started with composing MIDI versions of popular songs.
Risciso was an online warez group, founded in approximately 1993, dedicated to distributing newly released copyrighted software, games and movies. The acronym "RISC" stood for Rise in Superior Couriering, and "ISO" referred to a file format commonly used for the storage and transfer of disc images although the group RISC and RiSCiSO were two completely separate groups. The organization operated until the Operation Site Down raids in the summer of 2005. American authorities are still searching for the organization's ring leader Sean Patrick O'Toole, after he failed to appear in an American court in February 2006. He placed a call to his friend and group leader Sandy Fury, wishing her a happy birthday and an apology and then disappeared at Heathrow Airport.
Megaupload Ltd was a Hong Kong–based online company established in 2005 that operated from 2005 to 2012 providing online services related to file storage and viewing.
Daniel Gerard McGowan is an American environmental activist, formerly associated with the Earth Liberation Front. The U.S. government considers him a domestic terrorist, having been arrested and charged in federal court on multiple counts of arson and conspiracy, relating to the arson of Superior Lumber company in Glendale, Oregon, on January 2, 2001, and Jefferson Poplar Farms in Clatskanie, Oregon, on May 21, 2001. His arrest is part of what the FBI dubbed Operation Backfire.
This article details the official symbols in use by the Federal Bureau of Investigation (FBI), the domestic intelligence and security service of the United States.
DrinkOrDie (DoD) was one of the most prestigious underground software piracy group and warez trading network during the 1990s. On 11 December 2001 a major law enforcement raid - known as Operation Buccaneer - forced it to close under criminal charges of infringement. DoD, as a rule, received no financial profit for their activities. The DoD network - which primarily consisted of university undergraduates - was also supported by software company employees, who leaked copies of software and other digital media. DoD was also actively involved in illicit file-trading with other networks.
Copyright infringement is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to produce derivative works. The copyright holder is usually the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement.
United States v. Scheinberg, No. 1:10-cr-00336 (2011), is a United States federal criminal case against the founders of the three largest online poker companies, PokerStars, Full Tilt Poker and Cereus, and a handful of their associates, which alleges that the defendants violated the Unlawful Internet Gambling Enforcement Act (UIGEA) and engaged in bank fraud and money laundering to process transfers to and from their customers. A companion civil case, United States v. Pokerstars, et al., 11 Civ. 2564 (2011), included Full Tilt and Cereus, Ultimate Bet, Oldford Group, Rational Entertainment Enterprises, and many others as defendants and sought the recovery of forfeiture equalling approximately $3 billion in assets belonging to the companies. After the indictment was unsealed on April 15, 2011, a date quickly dubbed Black Friday by the online poker community, PokerStars and Full Tilt stopped offering real money play to their United States customers. Three years after the start of the poker boom in 2003, the U.S. Congress passed UIGEA to extend existing gambling laws into cyberspace. The law made processing payments for illegal online gambling a crime; however, the defendant companies remained in the U.S. market in the belief that the law did not cover poker. A former payment processor for the companies turned state's evidence after initially being charged with violating UIGEA himself. On September 20, the civil suit was amended claiming individual fraud by Howard Lederer, Chris Ferguson, and Rafael Furst.
Razor 1911 (RZR) is a warez and demogroup founded in Norway, 1985. It was the first ever such group to be initially founded exclusively as a demogroup, before moving into warez in 1987. According to the US Justice Department, Razor 1911 is the oldest software cracking group that is still active on the internet. Razor 1911 ran the diskmag 'Propaganda' until 1995.
Remedies for copyright infringement in the United States can be either civil or criminal in nature. Criminal remedies for copyright infringement prevent the unauthorized use of copyrighted works by defining certain violations of copyright to be criminal wrongs which are liable to be prosecuted and punished by the state. Unlike civil remedies, which are obtained through private civil actions initiated by the owner of the copyright, criminal remedies are secured by the state which prosecutes the infringing individual or organisation.