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Former DrinkOrDie Member Chris Tresco Answers 888

Okay, former DrinkOrDie member and convicted warez dude Chris Tresco got his answers to your questions back to us, so here they are. (Note: Chris does not advise you to follow in his footsteps.)

1) How clueful are they?
by jeffy124

In your opinion, how did the each party (prosecution, your lawyer, and most important - the judge) look when it came to their understanding of technology? Did they know every nook and cranny, or seem lost in a maze of confusion? Do you think an understanding of the issues in question was a significant factor in court proceedings?

Chris:
That is a tough question to answer considering the organizational structure of the government's side of things. The prosecution works very closely with other units of law enforcement when it comes to technically challenging cases like mine. In my situation, the government prosecutors were very well briefed about how the technical aspect of the warez scene work. They are briefed by law enforcement agents who are very technically savvy and able to sift through all of the data that they are presented with at the time a warrant is carried out. With this data, the agents build a packet of evidence that the procecutors can look through and easily understand. They had a plethora of evidence on which to build a case against me and it boiled down that all the ones and zeros that the agents were able to pick through added up to copyright infringement in the prosecution's eyes.

The judge doesn't really see the technical aspect of the case. He sees a report of the evidence, which is written in clean English, and makes his decision based on that.

My lawyer isn't very technically adept, but lawyers are pretty bright. He was able to grasp the concepts of everything, if he wasn't able to, he wouldn't be my lawyer. :) Besides, I was able to coach him through most of it.

2) "The Bust", WarGames or Matrix?
by msheppard

What was "The Bust" like? Was it like _WarGames_ where they showed up in black vans and confiscated your computers and rifled through your trash? Or was it more like _Matrix_ where they called you in and presented all sorts of evidence they collected online etc.?

Chris:
I would say that it was a cross between the two. I will lay out exactly what happened to me:

I was sitting at my computer chatting with a fellow DOD member on IRC. All of a sudden I noticed my net connection died. When I went to walk out the door, a U.S. Customs agent met me. "Mr. Tresco, My name is XXXXX, I am with the U.S. Customs Department. Would you mind coming with me?" As I turned the corner, there were about 20 law enforcement officials combing the halls of my workplace. We proceeded to a conference room where I answered questions for the better part of the day while the agents proceeded to carry out their warrant. They were looking for specific systems that were on the warrant. They had IP addresses. Technically, they had the authority to take everything on the network that the computers identified on the warrant were on, however they followed the warrant pretty strictly, taking only the stuff on it. It was really the hardest day of my life. I had no idea what was going on most of the time. I felt like I was in a dream.

3) Was there a feeling that DoD was too big?
by crunnluadh

The incredibly large volume of warez DoD was trading must have been staggering. At any point in time did you or anyone else in DoD ever think that the whole ring was getting way out of hand? If so, what ever came from that or those discussions?

Chris:
In terms of percentages of releases put out by DOD in relation to the scene, we weren't doing all that many. We did, however, have quite a large number of ftp sites that were being heavily utilized. One of our private leech sites was larger than a terrabyte of games and movies. It was constantly being uploaded to and downloaded from. This should give you an idea of the amount of trading that was going on.

To answer your other question... I felt on a daily basis that things were getting out of control. There were times that I did actually quit, but only for a day or so. IRC always brought me back online. That was my biggest mistake. DOD was a warez group, yes... but imagine a bunch of guys/gals sitting around talking all day and suddenly you stop showing up... You start to miss that type of interaction.

4) Feelings?
by Sebastopol

Are you scared about going to prison? Do they prepare you in any way before you enter the facility, or do they just throw you in and that's it?

Just typing these questions make me uncomfortable.

Chris:
I am very scared to go to prison. I have never been in any sort of jail in my life. They prepare you in the sense that they tell you where and when to go, what you can bring, and what type of facility it is. The rest is done through books and my lawyer, who has been really great through this whole ordeal. I am fortunate enough to be assigned to a minimum security facility close to my home.

5) If it wasn't about the money, what was it about?
by wackybrit

You were a sysadmin at MIT, so were probably pulling in a pretty good wage.. at least, probably better than 50% of the Slashdot readership anyway.

So if it wasn't about the money, what was it about? Prestige is one option, but people in these groups need to keep hidden, so that doesn't fit. Was it for the ideals? If so, what ideals are there in ripping off software?

I can understand why people who can't afford software rip it off.. they have stuff to do, and can't afford $500 for Photoshop or whatever.. but tell me why someone with a decent salary will work in secret to beat the software companies.. what is the motivation?

Chris:
My motivation had absolutely nothing to do with the software, the prestige, the civil disobedience, or the mysteriousness of it all. My motivation was purely and simply putting technology to work. I have always been a curious cat, like most of you that read Slashdot. I was basically the Sysadmin of DrinkOrDie. I love to make computers work together, build up networks, install services, lockdown boxes... you guys know the drill. I got very carried away with what I was doing and forgot to confide in my moral self. I knew I was doing wrong, and yes... to clear anything up... it is absolutely wrong to steal software from a company. Whether it is ones or zeros or bags of money, it is stealing. If for no other reason, it is wrong because of the license agreement. If you don't agree with the license, don't use the software.

6) questions from a fellow cracker
by Anonymous Coward

I am a cracker from a fairly well known group, living in the US. We take normal precautions (encrypted email/irc), but there are clear vulnerabilities that cant easily be eliminated (topsite accounts and the possibility of trojaned supplied software, etc.). The dod bust stunned all of us with the lengths of the sentences, which seem out of proproportion to the crime. I find myself asking more and more whether the risk is worth the fun. We are all in it for the commaraderie and the friends (and the access to files); of course none of us are making any money from it. My question is, if you had it to do over again, would you stay out of a group, and of the scene? Were there risks you took that you sholdn't have? What were they? Any advice to someone still in the scene who wants to stay but worries about being caught?

Chris:
If I had to do it over again, I would absolutely not get involved with the scene. The scene is technically organized crime... that is it. Mobsters have friends too, but would you want to go to prison for what you and your fellow comrades are doing on the net? Isn't it better to pay for the occasional piece of software you might want than to pay with 33 months in federal prison? I think so... And you say here:

"I find myself asking more and more whether the risk is worth the fun."

That is the wrong way to think about it. You are asking yourself if it is worth something to commit a crime. What you should be asking yourself is, if what you are doing is fundamentally wrong. If it is (and I would say that it is) then stop doing it.

To answer the rest of your question... The only pertinent risk was getting involved with the scene in the first place. You will get caught sooner or later if you continue doing what you are doing. My advice to you is to get out while you still can. Any precautions you take are easily circumvented. For example, email encrypted via PGP is only as strong as the people who get the email. If the government busts 20 people in your group, the odds of one of the people giving up their passphrase is pretty good. from that point, all the mail is readable. Encrypted IRC is not going to do it either. What if one of the people you are chatting with is an informant? Encryption becomes meaningless.

My advice: get out of the scene.

7) Plans for your stay?
by zbuffered

One of the things about jail is that you have nothing but free time. So what do you plan to do? Study for a new career? Work out constantly? Plan your escape? Learn to speak Sanskrit?

When you get out, you will have had 33 months of basically no real responsibilities. If you find a nice, cushy prison, you can get some real work done. Are you going to use this time to make your life when you get out of jail better?

Also, when you get out, what do you plan to do? Something in the computer field, or do you plan to change your path when you get out? If I were in your place, I think I'd just get fed up with computers and become a florist or something.

Chris:
During the time I am in prison, I will educate myself. I will hopefully be able to take some classes towards a degree. Since I love working with systems, I will hopefully be able to school myself in the art of business and compliment my technical skills. My passion lies with IT, I would love to take the education I get from prison (formal or not) and use it to better my career and make me a better person.

8) Rise of P2P?
by Rayonic

How do you feel about the rise of P2P and its affects on the Warez community? Do you think it makes it safer (safety in numbers?) or do you think that it'll bring down the fist of the law even harder?

Which P2P networks did you prefer, if any?

Chris:
In the context of the warez scene, P2P networks don't play any part. They are essentially mutually exclusive members. I think that people in the warez scene used P2P networks just as frequently and for the same purposes as the majority of P2P users. P2P and the warez scene do, however, relate in one fashion. Both networks utilize the internet as a means to illegally distribute copyrighted works. This will affect both entities in that the more illegal activity that goes on in general, the more law enforcement will be trying to put an end to it. This puts more heat on both services. Technology crimes are also a hot topic as of late. So popular that there are many organizations, like the Software and Information Industry Association (SIIA) at www.siia.net and the Computer Crime and Intellectual Property Section (CCIPS) of the Department of Justice at www.cybercrime.gov, whose sole purpose is to stop them from happening. Software companies really do lose money from piracy, why else would they support these types of organizations?

Oh. and I preferred ftp.

9) What is your opinion of free software?
by Billly Gates

If you plan not to pirate software again would you chose to pay for commercial apps or would you use free software?

Has your opinion changed about free software vs commercial software because of your unfortunate experience?

Do you think strong armed tactics by the BSA and upcoming drm will actually help spread free software?

Chris:
I generally try to run linux on the desktop where ever possible. That being said, I love free software, I used it when I was pirating and I use it now. I am composing this in OpenOffice btw. :)

I think both free and commercial software have their place in the industry. I also think that DRM and the BSA won't really have any effect on free software. People and businesses who pay for software don't have to worry about these features because what they are doing is legitimate. In my mind, I would think that companies who are completely compliant who are targeted by the BSA would be happy about it. They would clear their name and be finally exonerated. With respect to DRM, I think this technology is mainly targeted at media right now. That being said, I don't think it will help spread free software. except for maybe free Ogg codecs and players. and a lot more Ogg-files.

10) Prove me wrong.
by _xeno_

I want you to explain if you disagree with the following and if so, why.

My understanding of this is that you were involved with the illegal distribution of copyrighted works, depriving the potential owners of money for the works (possibly - the reality may be "probably not," but...). You then received 33 months of jail time (or just under 3 years) which seems to me to be rather fair.

Based on the Operation Buccaneer information, you received counts of felony (criminal copyright infringement, probably), and conspiracy (to commit criminal copyright infringement, probably). (Both probablies are guesses based on the document.) This seems to be in line with what one would expect for charges against a ring of people whose sole goal is to steal massive quantities of software and redistribute them to as many people as want them at no charge. (The fact that there was no charge probably reduces the sentence to a degree, but the fact that it required specialized skills and involved a large collective of people acting together to commit criminal copyright infringement probably both outweigh that.)

So... why should I feel sorry for you? You got what you deserved. You stole from people and gave copies to as many people as you could. Based on the MIT press release, you illegal utilized systems you were supposed to be administrating for the purposes of illegally distributing software. As far as I can see, you got exactly what you deserved.

So - prove me wrong. Demonstrate that my understanding is flawed or that I am misunderstanding the crime. Demonstrate that it should not be a crime. Or - accept my view. Explain if you feel sorry for your actions and believe that you did indeed commit the crimes. Or come up with another response that does not fall directly between agree and disagree.

Chris:
Is this flamebait for the interviewee or what? :) I won't bite. Your question seems to start halfway through your rant, so I will start there.

You shouldn't feel sorry for me. I committed crimes that I shouldn't have committed. I stole from innocent companies and now I am feeling the repercussions. I am not asking for pity nor am I looking to be put up on a pedestal for what I have done. I am simply here to tell people what happened and that it can happen to anyone who takes part in this type of thing.

Addendum:

My nickname wasn't mentioned when the call for questions was posted, I guess I forgot to tell Robin. I was known as bigrar, BiGrAr on irc. If anyone wants to ask any questions besides the ones I have answered, you can send me email at nospam@rarcom.com. Actually you can take a look at my website as well, at www.rarcom.com (my hosting company is going to kill me). I am setting up a service there called the "Free Software Mirror Project". Through this site, I hope to start a huge mirror system for free software. When these questions are posted to slashdot, I am going to make the URL all text, so as to not completely slashdot my hosters. The mirror system is unique because it will work the same way the warez scene works. with couriers, suppliers, etc. Drop me a line if you possibly want to help me out with this.

Thanks,

- Chris

This discussion has been archived. No new comments can be posted.

Former DrinkOrDie Member Chris Tresco Answers

Comments Filter:
  • Re:Show of remorse (Score:5, Informative)

    by modus ( 122983 ) on Friday October 04, 2002 @01:08PM (#4387887)
    Actually, at this point it probably has more to do with an eventual parole application. He's already been sentenced to 33 months, no show of remorse is going to change that.
  • sanskrit (Score:2, Informative)

    by tps12 ( 105590 ) on Friday October 04, 2002 @01:18PM (#4387952) Homepage Journal
    Is a written language. Nobody speaks it.
  • Here's what's unfair (Score:5, Informative)

    by pheared ( 446683 ) <kevin@p[ ]red.net ['hea' in gap]> on Friday October 04, 2002 @01:22PM (#4387991) Homepage
    Both networks utilize the internet as a means to illegally distribute copyrighted works.

    It is NOT a prerequisite of a P2P network to exchange illegally copyrighted works. I can have a P2P network that exchanges legal copies of files. I cannot have a warez network that distributed legal copies of files, unless you redefine what we know warez to mean.
  • Warez is NOT theft! (Score:4, Informative)

    by Robber Baron ( 112304 ) on Friday October 04, 2002 @01:28PM (#4388041) Homepage
    It is illegal copying and/or use. Theft implies that the owner was deprived of his property. Oh and please don't trot out the old saw that warez use "steals" revenue from software manufacturers! That would only be true if the warez user would have otherwise purchased a licenced copy had a warez version not been available. It is wrong for anyone to make assumptions about the purchasing habits of individuals...a tactic often used by the aggrieved parties to inflate their "losses". In order for say...installing a "warez" MS Office to be theft, the install would have to be accompanied by backing a large truck up to a loading bay in Redmond and...

    That being said, I'm starting to introduce some of my clients to the concept of GPL software and they're liking the concept of not having to pay the "Microsoft tax". The hardest part is getting past "What's the catch?" when I tell them that an Open Office license has no cost attached to it.
  • by swm ( 171547 ) <swmcd@world.std.com> on Friday October 04, 2002 @01:41PM (#4388140) Homepage

    it is absolutely wrong to steal software from a company. Whether it is ones or zeros or bags of money, it is stealing.

    If it's bags of money, it's called stealing.
    If it's ones and zeros, it's called copyright infringement.

    They are different things.
    That's why we have different words for them.
  • Re:sanskrit (Score:2, Informative)

    by The Cydonian ( 603441 ) on Friday October 04, 2002 @01:44PM (#4388165) Homepage Journal
    [Sanskrit]...Is a written language. Nobody speaks it.

    Not quite. Most Advaitists [advaita-vedanta.org] (as opposed to certain fundamentalist Hindus [vhp.org]) start their day by reciting [angelfire.com] the Gayatri Mantra [eaglespace.com], which, you guessed it, is in Sanskrit. :-)

  • by meis31337 ( 574142 ) on Friday October 04, 2002 @01:54PM (#4388239)
    Federal Prison has no parole, so that arguement is baseless.
  • Re:Show of remorse (Score:3, Informative)

    by modus ( 122983 ) on Friday October 04, 2002 @01:55PM (#4388243)
    Not true. See http://www.usdoj.gov/uspc/mission.htm.

    The relevant bit is:

    HOW PAROLE WORKS FOR FEDERAL PRISONERS

    All eligible prisoners, except those serving a term of ten years or more, may apply to receive an initial parole hearing within 120 days of commitment and are provided with a parole release date based upon the appropriate parole release guidelines. This provides the prisoner with a tentative release date, providing the prisoner maintains a good institutional conduct record.

    Now, certain conviction on certain crimes can limit your ability to get early parole or get time off for good behavior, but those tend to be drug/violence related crimes, not white collar.
  • Re:The saddest thing (Score:3, Informative)

    by afidel ( 530433 ) on Friday October 04, 2002 @02:12PM (#4388418)
    We DO measure crimes based on intent. What is the difference between 3rd degree homicide and 1st degree murder. Hint: It's intent. Your second example for instance would be negligent homicide not murder because the idiot did not intend to kill anyone let alone that specific girl.
  • by 2short ( 466733 ) on Friday October 04, 2002 @02:15PM (#4388444)
    I'm certainly no fan of the BSA, and being "happy" about an audit is certainly a stretch; but if they showed up where I work and wanted to know who was using what and see licenses for every copy, it would be no problem. We'd point them to the file cabinet in our IT guys office and say "knock yourself out".

    If figuring out who is using what and finding the licenses is a problem for you, that tells me you're not already tracking it. Which means you don't really know if you're legal. Which means, frankly, you're probably not.
  • by emil ( 695 ) on Friday October 04, 2002 @02:21PM (#4388493)

    Under his situation, where he is currently at liberty but will begin a prison sentence soon, how difficult would it be for him to put himself beyond the reach of the criminal justice system?

    For myself, if I were on the jury, I would have used some of the powers described at FIJA [fija.org] to ensure that he received a maximum of 6 months in prison (assuming that I believed in his guilt and I agreed with the law, which I probably wouldn't).

    However, assuming that members of the jury were duped or otherwise misled into this unreasonable sentence, how easy is it to leave and where should he go? Is Brazil the best destination (since they lack an extradition treaty)?

    I would like to know this, for the day when these sentences are doled out for Kazaa users.

  • Here we go again (Score:2, Informative)

    by Vox Humana ( 580533 ) on Friday October 04, 2002 @02:49PM (#4388741)
    No, you're violating a copyright. Stealing involves depleting a finite resource, copyright infringement involves violating a fixed-term government-granted monopoly on an idea or work. Stealing affects provable loss of a physical possession; copyright infringement dilutes the economic incentive set up by your government to promote the arts and sciences.

    No, it is stealing (as well as copyright violation.)

    Webster's NewWorld Dictionary, 2nd College Edition
    steal: 1. to take or appropriate (another's property, ideas, etc.) without permission, dishonestly, or unlawfully, esp. in a secret or surreptitious manner.

    Cambridge International Dictionary of English
    steal [cambridge.org] [cambridge.org]: to take (something) without the permission or knowledge of the owner and keep it

    • The boys were charged with stealing bikes from a house in Summerhill Rd. [T]
    • The number of cars which are stolen every year has risen considerably. [T]
    • She came home to find she'd had her TV and video stolen (=someone had stolen them). [T]
    • When the book was published we found that the author had stolen several of our ideas. [T]
    • The firm is now accusing a small band of its former employees of stealing trade secrets. [T]
    • They were so hungry they had to steal in order to eat. [I]
    • He has been convicted of stealing. [I]

    From these definitions, it is clear that the word 'steal' may be applied to the appropriation of ideas, trade secrets, and other non-physical assets (like copyrighted digital music.)

  • by realgone ( 147744 ) on Friday October 04, 2002 @03:16PM (#4388991)
    Fine, fine -- I'll be the one to club the baby seal. Yes, I do doubt the claim and the statistics used to back it up. Here's why: The RAINN release cites this NCPA study [ncpa.org] as the source for those "expected sentence" stats. What the release omitted, however, was the NCPA's definition of "expected sentence," which reads as follows:
    "The best overall measure of the potential cost to a criminal of committing crimes is 'expected punishment.' Roughly speaking, expected punishment is the number of days in prison a typical criminal can expect to serve per crime,
    as determined by the probabilities of being apprehended, prosecuted, convicted and going to prison, and the median months served for each crime.
    Rape has long been considered an under-reported crime that's tough to prosecute (often ending up as a 'he-said, she-said' situation at trial). When all this gets averaged into the derived "expected sentence," you end up with a number that looks far skimpier than the actual sentences handed down to convicted rapists.

    As for the unweighted numbers? Here's some data from a US DoJ report [usdoj.gov], which combines first- and second-degree rape:

    The average sentence for criminals convicted of rape in the United States (and released in 1992) is 117 months. The average time served is 65 months, which equates to 56 percent of the actual sentence served.
    Still leinent by many standards, but not nearly the disaster that the RAINN release makes it out to be.
  • by matt_morgan ( 220418 ) <matt&cncrt,net> on Friday October 04, 2002 @04:50PM (#4389822) Homepage
    Well, we don't really have developers, and I realize the problem is a bigger deal when you do have developers. We have only one, and he's in my department, and he has administrative rights to his machine. So he can install whatever he wants, with the understanding that adhering to the law is part of his job. Pretty much it's all open-source stuff that he wants, so it's not such a big deal. We don't really make an effort to keep track of his software, since he can be responsible for it.

    We have a written policy for getting additional software approved. In general when people make requests, it turns out to be for something they already have, and just didn't realize, since we image computers with all the useful utilities that are most commonly wanted. But the policy does spell out, with some but not a huge amount of detail, what kind of software might be approved, and it specifies that the licensing, installation, and media (if any) will all be managed by information systems if the software is approved. It doesn't come up all that often.

    We use an in-house OpenACS app (PostgreSQL back-end) to keep track of the licensing and software inventory. It only works because I'm a stickler about making the computer support staff keep it up-to-date. But when they get used to it, they do see the benefits and self-start with it.

    My point, which I admit was not well-emphasized, was really to say that I think keeping track of these things is worthwhile independent of anti-piracy measures. Probably a little OT, and I guess the first post came off a little self-congratulatory. Poor rhetorical strategy on my part.
  • by Mikeytsi ( 186271 ) on Friday October 04, 2002 @07:48PM (#4391025) Journal
    It's not a jury's position to rule on whether laws are good or bad.

    You are wrong on that point. A jury has the right to recognize that a law was broken, but refuse to convict a person based on a belief that the law is unjust. Prosecutors and Judges try VERY HARD to hide this, but it is a part of the process.

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