I think it's both. Certainly there is an organized crime element to it, especially when it comes down to the modchips or the physical components, where the organization of a business that's operating in illegal trade is, by definition, organized crime. The online elements tend to be less organized crime and more entrepreneurial. It's basically the hackers who also obtain the first copy, maybe even a pre-release copy of the game, which they'll distribute online. They're actually distributing it for credibility within their own hacker community as opposed to doing it with the commercial gain in mind. Organized crime typically isn't that interested in that element of things, so it tends to be more of an enthusiast that may start the ball rolling.
Organized crime comes into play when they find a way of exploiting that circumstance to commercialize it, to make money for themselves. That's when you tend to see organized crime step in.