Breach thief placed on pre-trial probation, must stay off Xbox Live
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Justin May, the man accused of attempting to steal Atomic Games' unreleased title Breach during PAX East, was placed on pre-trial probation in Boston Municipal Court yesterday. Suffolk County District Attorney Press Secretary Jake Wark informed Joystiq that the conditions of the probation are that May "stay in school, not reoffend, stay off of Xbox Live web sites, and forfeit his computer, which was seized at the time of his arrest." If May follows the conditions, his case will be dismissed after 18 months. If not, he'll be "put back on track for trial."
May was arrested last March when he attempted to steal Breach from the PAX East show floor. He then skipped bail and eventually agreed to show up for court in May, with the latest hearing set for yesterday. We've contacted Atomic Games for comment on the outcome.
Update: Atomic Games' president Peter Tamte's statement after the break.
Tamte statement:
"Our request of the District Attorney was that they treat this case just as seriously as if Justin May had stolen some very expensive tangible goods. In other words, we requested that they not treat the theft of intellectual property any differently than they would the theft of tangible property. It's my understanding that the path they have taken with Justin May is consistent with this request, and the DA's course of action was heavily influenced by the fact that Mr. May was caught before his theft could cause any damage. Had he been able to post Breach on the Internet for download, and then been caught, he would likely end up serving time in jail."
May was arrested last March when he attempted to steal Breach from the PAX East show floor. He then skipped bail and eventually agreed to show up for court in May, with the latest hearing set for yesterday. We've contacted Atomic Games for comment on the outcome.
Update: Atomic Games' president Peter Tamte's statement after the break.
Tamte statement:
"Our request of the District Attorney was that they treat this case just as seriously as if Justin May had stolen some very expensive tangible goods. In other words, we requested that they not treat the theft of intellectual property any differently than they would the theft of tangible property. It's my understanding that the path they have taken with Justin May is consistent with this request, and the DA's course of action was heavily influenced by the fact that Mr. May was caught before his theft could cause any damage. Had he been able to post Breach on the Internet for download, and then been caught, he would likely end up serving time in jail."
Reader Comments (53)
Posted: Oct 27th 2010 3:34PM Persian said
No X-Box live for 18 months?!
Talk about cruel punishment.
Talk about cruel punishment.
Posted: Oct 27th 2010 6:10PM superfrick said
@Persian I guess that's a good a reason as any to get a PSN+ account.
Reply
Posted: Oct 27th 2010 3:37PM BlackedOut said
Ah.
Justice.
Justice.
Posted: Oct 27th 2010 3:38PM Gonzie said
hope the iPad doesn't count as a computer, otherwise this guy is f**ked
Posted: Oct 27th 2010 3:41PM Miami Prodigy said
I would have done it for halo 4
Posted: Oct 27th 2010 3:42PM pfranzen said
"stay off of Xbox Live web sites"
So...he can still actually go on Xbox Live then, right?
So...he can still actually go on Xbox Live then, right?
Posted: Oct 27th 2010 3:43PM Fillem said
It says xbox live websites, that's not the same as Xbox live gaming is it?
Posted: Oct 27th 2010 3:45PM xGeneral DEATHxDEETH82 said
Nice mugshot.
Posted: Oct 27th 2010 5:37PM shadowhowl1900 said
@xGeneral DEATHxDEETH82
really i thought he looked like Gordrick from True Blood?
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really i thought he looked like Gordrick from True Blood?
Posted: Oct 27th 2010 3:45PM CaptainProtonX said
Could he be a new HITLER?
Xbox Live....more like Xbox DEATH SQUAD PLACE!....next on Fox News.
Xbox Live....more like Xbox DEATH SQUAD PLACE!....next on Fox News.
Posted: Oct 27th 2010 3:52PM butaneko said
Stay off Xbox Live web sites and forfeit his computer?
Seems pretty arbitrary. What the hell do you care as long as he's not committing more crimes?
Seems pretty arbitrary. What the hell do you care as long as he's not committing more crimes?
Posted: Oct 27th 2010 4:57PM Petebot330 said
@butaneko Don't you see? To a l33t haxxor such as this, a computer is LIKE ALOADED GUNNNNN
Reply
Posted: Oct 27th 2010 3:57PM TheBatman4141 said
What?!? No Death Penalty? What is this country coming to? Who's going to make it safe for developers to get violent games to our children???
Posted: Oct 27th 2010 3:59PM mjanosko said
Why would Harry Potter do such a thing?! He always seemed like such a nice, polite young magician.
Posted: Oct 27th 2010 4:02PM MystileArmor said
I think this idiot should count himself lucky. That's a very very light punishment, in my opinion.
Posted: Oct 27th 2010 4:03PM MystileArmor said
@MystileArmor
Also, I have to fight the urge to repost that video of Mike Myers going "HEED!!! MOVE!!"
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Also, I have to fight the urge to repost that video of Mike Myers going "HEED!!! MOVE!!"
Posted: Oct 27th 2010 4:13PM sigma8 said
@MystileArmor
A light punishment for grabbing a CD with top-secret government plans that he can't even use? Wait, sorry...it's just a game? They were already showing the game. In the original story, Atomic made the quote "Since we work with the military and intelligence communities, though, we had no choice but to have him arrested and protect our IP."
I mean, WTF? What does working with military & defense have to do with protecting YOUR intellectual property? If you were protecting the M&D's IP that's one thing, but seriously, the only one who gives a crap (or will feel fallout from the compromise of) your IP is you. You might as well replace "military & defense" with "beanie babies" and it'd be equally valid.
This kid was downloading what was most likely binaries for a multiplayer-only game. It wasn't even finished. It's an unfinished multiplayer-only binary. It would have been useless. The kid sounds like a huge punk, and what he did was wrong, but IMO the punishment sounds about right. Maybe even a bit severe. I'd say 12 months of no-computers would probably be adequate. 12 months is a long time when you're an underage douche.
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A light punishment for grabbing a CD with top-secret government plans that he can't even use? Wait, sorry...it's just a game? They were already showing the game. In the original story, Atomic made the quote "Since we work with the military and intelligence communities, though, we had no choice but to have him arrested and protect our IP."
I mean, WTF? What does working with military & defense have to do with protecting YOUR intellectual property? If you were protecting the M&D's IP that's one thing, but seriously, the only one who gives a crap (or will feel fallout from the compromise of) your IP is you. You might as well replace "military & defense" with "beanie babies" and it'd be equally valid.
This kid was downloading what was most likely binaries for a multiplayer-only game. It wasn't even finished. It's an unfinished multiplayer-only binary. It would have been useless. The kid sounds like a huge punk, and what he did was wrong, but IMO the punishment sounds about right. Maybe even a bit severe. I'd say 12 months of no-computers would probably be adequate. 12 months is a long time when you're an underage douche.
Posted: Oct 27th 2010 4:22PM MystileArmor said
@MystileArmor
It's not so much about what he stole, but the fact he DID steal. There really isn't much more to it. To me, this just says "Hey, yeah, stealing is ok, cause well, he didn't really profit too much from what he stole".
What if he did get away with it? He could've sold some game concepts to a company that would've come out with something very similar, putting Atomic Games out fo business. Now that's all "not very likely" but still, it could've been possible...
Stealing is stealing, I don't care what you stole or planned on stealing.
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It's not so much about what he stole, but the fact he DID steal. There really isn't much more to it. To me, this just says "Hey, yeah, stealing is ok, cause well, he didn't really profit too much from what he stole".
What if he did get away with it? He could've sold some game concepts to a company that would've come out with something very similar, putting Atomic Games out fo business. Now that's all "not very likely" but still, it could've been possible...
Stealing is stealing, I don't care what you stole or planned on stealing.
Posted: Oct 27th 2010 4:32PM MystileArmor said
@Mr Period
Don't fight the urge? Or don't post it....?
Ah hell, here it is.
http://www.youtube.com/watch?v=dQw4w9WgXcQ&ob=av2e
Reply
Don't fight the urge? Or don't post it....?
Ah hell, here it is.
http://www.youtube.com/watch?v=dQw4w9WgXcQ&ob=av2e
Posted: Oct 27th 2010 4:44PM sonicspike41 said
@sigma8
That's a quote taken out of context, and it's not even the better of the two quotes regarding their work with the military.
"Because of the work we do for military and intelligence organizations, we take security issues like this very seriously."
He may have only stolen 14MB before he was caught, but he openly admitted to stealing during the act, then acted like what he was doing wasn't wrong because he did it out of love for the people he was stealing from. Later he denied everything and even went as far as to skip bail and get a warrant for his arrest.
I wonder if he has a mental condition. What kind of person admits to stealing, says he can offer up bigger fish, then denies everything and tries to play innocent, then skips bail for no reason at all.
Finally, "According to the Boston Police report, May's attempted theft of Breach was valued at over $6 million dollars."
Reply
That's a quote taken out of context, and it's not even the better of the two quotes regarding their work with the military.
"Because of the work we do for military and intelligence organizations, we take security issues like this very seriously."
He may have only stolen 14MB before he was caught, but he openly admitted to stealing during the act, then acted like what he was doing wasn't wrong because he did it out of love for the people he was stealing from. Later he denied everything and even went as far as to skip bail and get a warrant for his arrest.
I wonder if he has a mental condition. What kind of person admits to stealing, says he can offer up bigger fish, then denies everything and tries to play innocent, then skips bail for no reason at all.
Finally, "According to the Boston Police report, May's attempted theft of Breach was valued at over $6 million dollars."
Posted: Oct 27th 2010 4:54PM Mr Period said
@MystileArmor
@Mr Period
i mean, like, please, DO post it!
also
you said it yourself, stealing is steal. and because of the results of his actions and the number of variables that affect the case i think he got himself a decent deal. just an opinion.
and i know it sounds bad but it doesn't count what he could have done, only what he did
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@Mr Period
i mean, like, please, DO post it!
also
you said it yourself, stealing is steal. and because of the results of his actions and the number of variables that affect the case i think he got himself a decent deal. just an opinion.
and i know it sounds bad but it doesn't count what he could have done, only what he did
Posted: Oct 27th 2010 4:57PM sigma8 said
@MystileArmor
I agree he stole, and there's no ambiguity about that. However, there IS ambiguity about the magnitude of the theft. We have different punishments in place for things like grand theft and petty theft--so it's important to figure out the value of what he stole in order to determine the punishment.
IMO, the value really isn't all that much. It's almost like he stole a pre-screen movie DVD that required a DVD player that wasn't released yet.. i.e. a useless disc or (at best) something that couldn't easily be distributed because it'd require a custom playback rig (I'm sure the Breach demo would probably require a hacked Xbox, otherwise Atomic could just shut it down easily from HQ).
He totally stole. No debate there. The debate is: how big of a theft is this? How big of a deal?
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I agree he stole, and there's no ambiguity about that. However, there IS ambiguity about the magnitude of the theft. We have different punishments in place for things like grand theft and petty theft--so it's important to figure out the value of what he stole in order to determine the punishment.
IMO, the value really isn't all that much. It's almost like he stole a pre-screen movie DVD that required a DVD player that wasn't released yet.. i.e. a useless disc or (at best) something that couldn't easily be distributed because it'd require a custom playback rig (I'm sure the Breach demo would probably require a hacked Xbox, otherwise Atomic could just shut it down easily from HQ).
He totally stole. No debate there. The debate is: how big of a theft is this? How big of a deal?
Posted: Oct 27th 2010 4:58PM Brando Calrissian said
Posted: Oct 27th 2010 4:59PM MystileArmor said
@Mr Period
I think you make a valid point there. I think it's a fine line between punishing someone to make an example and punishing them for what they've done...
Reply
I think you make a valid point there. I think it's a fine line between punishing someone to make an example and punishing them for what they've done...
Posted: Oct 27th 2010 5:13PM Brando Calrissian said
@MystileArmor
LOL, Rick Roll had an ad, kinda kills the mood.
Reply
LOL, Rick Roll had an ad, kinda kills the mood.
Posted: Oct 27th 2010 4:03PM emperorzeroxx said
breach doesn't even look that good at all....in fact GameFAQs doesn't even have one topic posted in the forums xD. Geeze if you wanna risk jail you should at least aim a little higher, like someone else stated, halo 4 would be worth it, something of that status. Either way I guess it would have been cool to have a super early copy, and then leak it on the internetz to show off your large E-Penor. Too bad the guy was dumb lolz
Posted: Oct 27th 2010 4:11PM Misfit Toy said
Yeah, skipping bail. That always works.
Posted: Oct 27th 2010 4:14PM FriedConsole said
Why not put him on Xbox live? It has all the same racists and homophobes as jail. If he gets T-baged in Halo it is kinda like prison rape. All jail needs is more 13 year olds to be exactly like Xbox live.
Posted: Oct 27th 2010 4:15PM TheE3Guy said
Anybody else think dude looks like Kick Ass?
Posted: Oct 27th 2010 4:20PM Chilly P slapperonlyblogspotcom said
Isn't this the guy who was spotted on Xbox LIVE while he was skipping bail?
Posted: Oct 27th 2010 4:23PM Shane86 said
This is what happens when you give children invisibility cloaks.
Posted: Oct 27th 2010 4:30PM Jack Kevorkian said
Pre trial probation essential means he avoids trial and has to call in once a month or so depending on the state.
They will never check to see if he plays video games the child can do whatever he wants as long as he doesn't get caught.
They will never check to see if he plays video games the child can do whatever he wants as long as he doesn't get caught.
Posted: Oct 27th 2010 4:43PM Funkmaster General said
@Jack Kevorkian
"...the child can do whatever he wants as long as he doesn't get caught."
No different from any other day, eh? :)
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"...the child can do whatever he wants as long as he doesn't get caught."
No different from any other day, eh? :)
Posted: Oct 27th 2010 9:53PM Jack Kevorkian said
@Funkmaster General Yeh I hear you but since it isn't real probation per say the powers that be don't check on him unless he gets caught red handed. He is pretty stupid so that is a possibility.
Unfortunately Dr. Jack has had first hand exp with this type of probation.
Reply
Unfortunately Dr. Jack has had first hand exp with this type of probation.
Posted: Oct 27th 2010 4:45PM mynameisjay said
I'd love to know how they plan on enforcing this..
Posted: Oct 27th 2010 4:55PM Enosoma said
Looks like Niko's jacket.
Niko didn't steal. Niko couldn't steal.
Niko didn't steal. Niko couldn't steal.
Posted: Oct 27th 2010 4:58PM Alexisonfire said
Hmmm... perhaps it's time for him to get a PS3 then?
You know, to keep away from dem evals Xbox Live websites.
You know, to keep away from dem evals Xbox Live websites.
Posted: Oct 27th 2010 5:00PM SilverPR said
Got to go PS3, his been f**k in the ass for this. No Xbox for you son.
Posted: Oct 27th 2010 7:38PM bingbangboom said
Here is the thing, I have personally dealt with this kid before and he is pretty much a "twirp". Thing is that this is not the only thing he has done and have it on good word that he is paid to mod his "customers" Xbox 360 and shows them how to connect to a hard drive and download games illegally. If they really did seize everything including his computer, he should be brought up on those charges. Microsoft should make him the poster boy on what bad can happen when you bootleg games.
Posted: Oct 27th 2010 8:32PM refinedsugar said
Just a city boy, born and raised in south Detroit
He took the midnight train goin' anywhere
He took the midnight train goin' anywhere
Posted: Oct 27th 2010 8:34PM shadowhowl1900 said
+1 for ps3 sold
Posted: Oct 27th 2010 11:40PM bryoneill11 said
Deja vu... HACKERS MOVIE







