Order in the Warez Scene – Explaining an Underground Virtual Community with the CPR Framework Priyank Chandra University of Michigan Ann Arbor, USA [email protected]
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Online Behaviors #chi4good, CHI 2016, San Jose, CA, USA Order in the Warez Scene – Explaining an Underground Virtual Community with the CPR Framework Priyank Chandra University of Michigan Ann Arbor, USA [email protected] ABSTRACT have their origins in the scene. As a virtual community, it The paper analyzes the warez scene, an illegal underground consists of a distributed network of individuals working in subculture on the Internet, which specializes in removing groups under pseudonyms - their real world identities copy protection from software and releasing the cracked unknown to each other and activities not limited to any software for free. Despite the lack of economic incentives single geographical location. The groups participating in the and the absence of external laws regulating it, the warez warez scene are committing intellectual property theft and scene has been able to self-govern and self-organize for operating in unarguably illegal spaces. However, even in more than three decades. Through a directed content the face of potential legal sanctions, they have been able to analysis of the subculture’s digital traces, the paper argues successfully sustain the warez scene to bring out goods that that the ludic competition within the warez scene is an do not provide them with economic compensation for more institution of collective action, and can, therefore, be than three decades. approached as a common-pool resource (CPR). Subsequently, the paper uses Ostrom’s framework of long- On December 11, 2001, a 15 months-long investigation led enduring common-pool resource institutions to understand by the United States Customs Service together with the the warez scene’s longevity and ability to govern itself. Department of Justice culminated in Operation Buccaneer, Theoretical and design implications of these findings are the first significant law enforcement operation against these then discussed. warez groups. The raid, conducted in conjunction with international agencies, led to the simultaneous execution of Author Keywords 70 search warrants in 6 countries. Over the next two years, Virtual communities; warez scene; ludic competition; trials and guilty pleas led to around 23 convictions in USA common-pool resources; self-governance and UK along with the extradition of an Australian citizen ACM Classification Keywords [51]. This Operation was regarded to be an important step K.4.3 [Organizational Impacts]: Computer-supported in the fight against copyright piracy, with the United States collaborative work. Deputy Assistant Attorney General (DAAG) of the Criminal Division declaring in 2003 that it “has sent a INTRODUCTION strong deterrent message which continues to resonate The warez scene, or ‘the scene’, is an underground throughout the copyright piracy community” [33]. subculture that acquires legal copies of computer software, removes their copy protection, and subsequently distributes However, within a week of Operation Buccaneer, the warez them for free. It has been around since the early 80s and groups were back distributing cracked copyrighted consists of several independent groups competing with each software. Analysis of their digital traces showed them other on the speed and quantity of copyrighted software that maintaining a live-blog about Operation Buccaneer with they can crack (i.e. remove copy protection) and share regular updates on which groups were temporally amongst themselves. The groups pride themselves on their disbanding and which “will continue to release, but taking ability to release high-quality functional cracked versions of extreme precautions” [58]. By December 16, 2001, warez software (known as warez, hence the name of the group VISPER had released the game “Pocket Tanks subculture), and most pirated software across the world Deluxe Blitwise” with the message - “We’re Back” [53]. Since then there have been many similar raids attempting to Permission to make digital or hard copies of all or part of this work for personal dismantle and disrupt the warez scene. But such police or classroom use is granted without fee provided that copies are not made or distributed for profit or commercial advantage and that copies bear this notice operations have had no effect on the quantity of warez and the full citation on the first page. being released [9] and legal authorities are no closer to Copyrights for components of this work owned by others than the author(s) shutting them down now than they were in 2001. must be honored. Abstracting with credit is permitted. To copy otherwise, or republish, to post on servers or to redistribute to lists, requires prior specific How have the norms and rules evolved to allow competing permission and/or a fee. Request permissions from [email protected]. CHI'16, May 07 - 12, 2016, San Jose, CA, USA groups within the warez scene to (mostly) remain one step Copyright is held by the owner/author(s). Publication rights licensed to ACM. ahead of software companies and legal enforcement ACM 978-1-4503-3362-7/16/05...$15.00 agencies for the last three decades? More importantly, why DOI: http://dx.doi.org/10.1145/2858036.2858341 do warez groups contribute to an online (albeit illegal) 372 Online Behaviors #chi4good, CHI 2016, San Jose, CA, USA collective in the absence of financial incentives and how are enforced formalized bureaucratic structures. Similar they able to coordinate and sustain the scene in the absence informal institutions have also been found in online of formalized organizational structures? This study seeks to communities such as Usenet [27] and Slashdot [30]. answer these questions and to do so will argue that the ludic The current study bridges the study of offline self- competition between groups in the warez scene is an governing communities and underground virtual institution for collective action, and can, therefore, be communities. Specifically, it studies how collective approached as a common-pool resource (CPR). management of reputation can become a means by which Subsequently, the study uses economist Elinor Ostrom’s order is maintained in virtual communities, which by choice [38] framework of long-enduring common-pool resource or necessity, cannot rely on laws or centralized authority. institutions to understand how the warez scene has Subsequently, through describing how non-hierarchical sustained itself and been successful in self-organization and informal interactions between warez groups have led to self-governance. complex institutions, the study will show the plausibility of RELATED WORK non-legal forms of social control in successfully sustaining Order without Law and governing robust virtual communities. Research on how communities govern themselves in the Research on the Warez Scene absence of external laws has precedence in legal and In spite of the impact of the warez scene on the software economic studies. In Ellickson’s [11] seminal work “Order industry, its secretive nature has meant that research on its without Law”, ranchers in Shasta County, USA enforced organizational structure is limited. Most research has order through an informal network of social sanctions and focused on the end-users, i.e. the demand side of pirated gossip. Here, the enforcement was outside the parameters of goods [22]. Studies on the prevalence of malware in anti- the county’s official property laws and was spontaneously copyright protection mechanisms have focused on the generated through informal interactions. Around the world, intermediate distribution steps between warez groups and social order has often been a result of local community end-users [10]. institutions rather than through external legal enforcements – communities are able to use informal mechanisms such as Hetu et al. [10] attempted to understand the online social norms to organize themselves and function smoothly community of the warez scene as a crime behavior system. in the absence of external regulation [6]. This is especially Analyzing inter-group interactions in the digital traces of true for communities that engage in illegal activity such as warez groups they establish that while most groups have the organized criminal firms [34] or pirates at sea [32]. short lifespans, the groups with high reputation are those Here, private enforcement becomes the primary tool to which have consistently provided high-quality releases to handle conflict resolutions because breaches are not the scene over extended periods. Through a social network enforceable in a court of law. Similar examples throughout analysis, they conclude that the network is relatively history have seen merchant communities using informal dispersed with no groups at its core with some local clusters reputation mechanisms to drive cooperation and enforce of groups. These findings reconfirm the nature of the warez collective punishments [15]. Robust institutions of self- scene as a distributed network with no central authority and governance that have historically been able to cope with suggest a relationship between longevity and reputation. external and internal pressures have also been observed in The only comprehensive ethnographic study of this the successful collective management of common pool community by Rehn [41] describes it as a “hypermodern resources such as forests and fisheries [38]. gift economy” on the lines of the potlatch practiced by Studies on virtual communities have looked at the role of Native Americans, where the competitive ‘giving’ of warez norms, trust, and reciprocity along with more formalized releases