Watch Out For "Warez" From Usenet

By Tony DeOlivera

One night you’re on your computer and you get an email. It’s from a software company that you’re somewhat familiar with. No, they’re not offering you a discount. They want to know why you’re using they’re software illegally. A week or two later, you get a notice from the Post Office to pick up a letter. Hey, guess what? It’s from the same software company. No, still no discount, now it’s a letter from their legal department. Welcome to the Wonderful World of Warez.

"Warez," the underground term for pirated software, are passed around the Internet in many ways, including Usenet binaries newsgroups. No matter how they traffic, though, warez traders risk serious legal problems, and anyone who trades with them does too.

The term “warez trader” lumps together many sub-communities within the warez scene.

1. Warez distributors are large and organized operations optimized to generate high volumes of new warez quickly. These operations divide up several tasks amongst their members, including sourcing new warez, cracking any protection devices, testing the cracked warez to make sure the stuff still works, packaging the warez for distribution, couriering the warez to other sites or throughout the Internet, performing systems administration on the computers used by the group, and managing/overseeing the operations.
2. Warez collectors collect and trade warez. They may be trying to gain admission to a warez distribution group or enthusiasts who like showing off trophies.
3. Warez downloaders do not trade warez for profit. Instead, they download warez to use them on a trial to permanent basis. Many warez downloaders just want free software or the latest cutting-edge stuff. However, commercial piracy operations also download warez as new product to press on CDs and sell.
4. Finally, abandonware enthusiasts collect trade and distribute out-of-print software, particularly games. Some abandonware enthusiasts consider themselves historians or archivists, but in all other respects, their actions are just like other warez traders.

You might think it is cool to have that latest version of Doom 3, before everyone else, for your adorable 10 year old. Here’s where Copyright Infringement comes in. You’re actually stealing from someone else. Good example you’re setting.

A copyright is a protection that covers published and unpublished literary, scientific, and artistic works, whatever the form of expression, provided such works be fixed in a tangible or material form. Criminal copyright infringement, there it is again, is the willful use of a copyrighted work for a commercial advantage or private financial gain by reproducing or distributing (including by electronic means), works during any 180-day period, of copyrighted works with a total retail value of more than $1,000. Now, how much is that illegal game going to cost you?

Now here is where it gets interesting. You can get up to 5 years in prison for these offenses. Because it offers greater penalties, generally the government prefers to prosecute under Section 506(a)(1). Otherwise, all other criminal infringements can get you up to one year in prison and possibly a fine. In all cases, you forfeit the equipment used to commit infringement.

There are so many ways to enjoy those great titles you’re used to. Unfortunately, you’re going to have to settle for the demo version until you purchase the full version. By that time, you should be used to the action and the controls of the game or application and you’ll enjoy the surprises in store for you when you get the paid version.

Remember: If you like it, buy it!

(The preceding article was supplied by one of our customers. Opinions expressed in customer-supplied articles are those of the author.)