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The Entertainment Software Association (ESA) has asked the U.S. Trade Representative (USTR) to identify the pseudonymous voices38 operation as a notorious online market in its 2026 review of piracy and counterfeiting markets. That is an industry request, not a government designation: USTR had not decided which recommendations to adopt as of TorrentFreak’s October 12, 2026 report.
What ESA asked USTR to do
In comments submitted on October 7, 2026, ESA recommended that USTR include voices38 in its 2026 Review of Notorious Markets for Counterfeiting and Piracy. USTR makes the final decision; an organization’s appearance in a stakeholder submission does not mean it has been placed on the government’s list. TorrentFreak’s October 12 report said the recommendations were still awaiting a decision.
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Why ESA argues voices38 belongs on the list
ESA describes voices38 as a persistent crack-development and release operation specializing in Denuvo Anti-Tamper. Its argument is that cracks serve as an upstream enabler: they can make protected games usable without authorization, while other services and networks distribute the resulting copies.
In ESA’s account, those downstream channels include repackers, torrent indexes, cyberlockers, peer-to-peer networks, direct-download services, and forums. The organization says that a piracy market can warrant attention even if it does not operate like a storefront with multiple sellers or host complete game files itself.
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“Each crack therefore unlocks an entire downstream market for an unauthorized copy of that title. For a title that no other actor has made usable, but for Voices38’s crack there would be no functioning pirated copy for those markets to offer,” ESA’s submission says.
That is ESA’s policy argument, not a finding by USTR or a court. ESA’s filing says Reddit’s r/CrackWatch index attributes approximately two dozen cracked or bypassed games to voices38. It also says at least nine ESA member companies use Denuvo Anti-Tamper for PC games. ESA’s 2026 submission is the source for both figures.
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What a designation could mean
ESA says designation would focus attention on identifying the operator, preserving evidence, disrupting distribution accounts and donation channels, and coordinating action across services and infrastructure used to seed releases. The submission describes the aims ESA wants USTR’s designation to support; it does not establish that those actions have happened or would automatically follow from a listing.
“Designation would focus attention on identifying the operator, preserving evidence, disrupting distribution accounts and donation channels, and coordinating action across the forums, repositories, hosting services, peer-to-peer infrastructure, and other intermediaries used to seed each release,” ESA writes.
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Keep the other figures in ESA’s filing separate
ESA’s submission also discusses FitGirl, a separate nomination. Its estimates for that operation should not be treated as measurements of voices38’s activity or losses caused by voices38.
- ESA estimated 15,484,145 users detected in peer-to-peer swarms between March and August 2026 for FitGirl.
- ESA estimated a lost value of $1,083,735,308.55 for FitGirl by applying a $69.99 MSRP to each detected user. This is ESA’s estimate, not independently verified actual losses.
- ESA said zero links were removed after its notices to FitGirl between August 2025 and August 2026.
These are claims and estimates in ESA’s filing. The cited sources do not establish an independent estimate of downstream losses specifically attributable to voices38.
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What has not been decided
The key distinction is between ESA’s request and USTR’s decision. The submission presents ESA’s characterization of voices38 and its case for listing the operation; the available reporting does not say USTR has accepted that characterization or included voices38 on the final list. ESA’s other recommendations in the same filing—including those concerning handheld devices, other piracy services, digital-goods marketplaces, and cheat sellers—are separate matters, not part of the voices38 allegation.
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