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Feds Convict Warez Dealer

XaviorPenguin writes "News.com.com.com has a story that says the DoJ has '...landed its first conviction against an American defendant trapped via Operation Fastlink, a multinational law enforcement effort undertaken against online software piracy. The U.S. Attorney for the Southern District of Iowa said that Jathan Desir, 26, of Iowa City, has pleaded guilty to charges related to his role in a criminal enterprise that distributed pirated software, games, movies and music over the Internet.' Desir is the first conviction that Operation Fastlink has done. He will possibly serve up to 15 years in prison when his sentencing is in March 18, 2005. Previous Slashdot articles are included here(1), here(2), and most recently here(3)."

14 of 560 comments (clear)

  1. Alright by OverlordQ · · Score: 5, Insightful

    Queue "Rapists get less time" posts. If you think this is unfair punishment, lobby your congressmen, complaining about in on /. will accomplish slightly less then nothing.

    --
    Your hair look like poop, Bob! - Wanker.
    1. Re:Alright by networkBoy · · Score: 5, Insightful

      True, but I don't know that the punishment is unjust. It partially depends on where he is incarserated. I realise this is a long sentance, but he did pirate quite a bit of software.
      This is not a troll, it is a point ov view from someone in the Tech industry.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    2. Re:Alright by Anonymous Coward · · Score: 5, Insightful

      Truth be told, one might get less time in jail for physically assaulting our congress persons.

      But seriously...

      Individuals lobbying congress will never acheive anything. You need a political group (EFF anyone?) that has political clout in numbers and can play the politics game on that level.

      Even that maybe fruitless. One would have to have backing and understanding by mainstream media or an enlightened political leader to take up the cause which won't happen anytime soon. Unless of course computer geeks everywhere formed their own political party and marched on Washington.

      Hey. It could happen.

    3. Re:Alright by javab0y · · Score: 5, Informative

      Wrong...this is not a state case, its federal. He will receive a nice chunk of the 15 years. Read the Federal Sentencing Guidlines. Judges usually and typically do not depart due to potential career ramifications. It has been done...but its not usual. However, if a judge truely believes that 15 years is excessive (and hopefully he/she will), they will depart. Cross your fingers for this kid.

      What is amazing to see is this kid is facing the possibility of doing more time than your average homicide, rape or sexual assault criminal. According to the National Criminal Justice Reference System (NCJRS), the following sentences are listed as the average:

      • Homicide: Average sentence = 149 months.
      • Rape: Average sentence = 117 months.
      • Kidnapping: Average sentence = 104 months.
      • Robbery: Average sentence = 95 months.
      • Sexual assault: Average sentence = 72 months.
      • Assault: Average sentence = 61 months.

      Make note this potential sentence exceeds the averages for violent crime, and exceeds the time given by the Department Of Justice to Andrew Fastow, the CFO of Enron convicted of bilking millions of dollars from employees and investors. This poor kid is looking at 180 months. We have a problem with our criminal justice system.

  2. Warez "Dealer"?? by Anonymous Coward · · Score: 5, Funny

    Why go with "warez" but eschew the customary "d00d"?

  3. It's not that it's not fair... by purduephotog · · Score: 5, Insightful

    ... it's just scary.

    In one case you've destroyed an individual- taken his/her dignity, the right to be safe, the very 'temple' of his/her body with a violent act such as rape.

    In another, we have little bits of signal that have 'more' importance than the afore mentioned victim.

    I have always been cynical and said everything comes down to money- religion, lawyers, corporations- it all revolves around that little dollar sign.

    But when you hear about someone getting locked away for 15 years (sorry Kevin) ... it's just another world.

    And it scares me.

    1. Re:It's not that it's not fair... by MAdMaxOr · · Score: 5, Insightful

      Comparing SPAM, warez, etc to rape and murder is an interesting case. It brings up social taboos on putting prices on human life.

      Suppose I ask, "Which deserves more punishment, sending X spam messages, or killing someone?" How high would X have to be for you to think it worse than murder? Many people would say that X can go to infinity, but murder is still worse. But say you send 100,000,000 spams that take 15 seconds each to deal with. You have then robbed society of 48 man-years of time, an equivalent loss to a murder.

      People are willing to concede that time = money and life = time, but they are unwilling to follow it to the conclusion that life = money.

      It would be an interesting criminal justice system that punished in proportion to the economic damage inflicted.

  4. Dupe by Anonymous Coward · · Score: 5, Funny

    Only on /. do dupes include links to previous versions.

  5. The genie is out of the bottle... by sgant · · Score: 5, Insightful

    I see this going the way of the "war on drugs" in the way they jail people...but is this really going to stop the flow of mp3's or software or movies? I mean, do they REALLY think they're going to stop this now that the genie is out of the bottle?

    Perhaps, they should re-think their distribution methods on how they receive payment for their work/art.

    I don't have the answers or even a suggestion...but jailing people left and right certainly isn't working on drug use...why do they think it will work here?

    --

    "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
  6. Re:Wow. Up to 15 years. by Samurai+Cat! · · Score: 5, Interesting

    Well, it doesn't cost (in theory) millions of dollars to fix some jackass's face after a well-deserved ass-whuppin'.

    They're basing the punishment on the (theoritical) cost of the crime. They mentioned the value of the pirated stuff at $50mil. That's quite a lot of money - hence quite a lot of software to be pirating.

    What they DON'T really mention, as far as I saw, was whether this guy was putting up stuff for download, or was actually *selling pirated software*. If the former, the punishment should be far far FAR more lenient. But of course, the software lobby wouldn't look at it that way.

    Reminds me of Operation Sundevil back in the 80's. Three guys in the Legion of Doom (one of which I met shortly after he got released) got sent to the pokey over that E911 document. The baby bell claimed the document was valued at some ginormous amount - and the way they reached that figure? They counted the costs of all the computers, etc. that were used to create the document. Meaning, if one employee opened that document and made one tiny change, they decided that that document was worth however much it was *plus* the cost of the computer or terminal that was used by that guy. Insane!

    --

    "People" using "unnecessary" quotes should be "shot".
  7. 15 Years? My 2 cents by Man+in+Spandex · · Score: 5, Insightful

    I just hope any 'attempted murder' sentences will last more than 15 years because if software pirates get 15, then convicts arrested for shooting somebody should have double!

  8. Why not garnish a chunk of his wages for life? by Anonymous Coward · · Score: 5, Interesting

    Why should I spend even more money keeping him in prison?

    People who are a danger to society should be kept away from society, but why not financially punish non-violent criminals?

  9. The US has come full circle. by Ungrounded+Lightning · · Score: 5, Insightful

    Industry in the US, back in the clolnial days, started out by explicitly violating the British patent system.

    That system was intended to create long-term monopolies on many manufacturing processes and devices, such as thread mills and power looms. Part of the point of these patents was to keep colonies agricultural and raw-material producing, dependent on the "mother country" for their manufactured goods (rather than competing with it and becoming a world power).

    The arrival of people with knowlege of mill manufacture, who set up their own plants here, was a major factor in the colonies achieving the ability to break away. And the "mother country"'s attempts to enforce these monopolies produced some of the major greviances that lead to the revolution.

    So now it looks like the US has come full circle. B-(

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  10. I know Jathan. by rjh · · Score: 5, Interesting

    I'm a graduate student at the University of Iowa, pursuing a Master's in CompSci, focusing on computer security. Until last year, Jathan was the Graduate Student Secretary at UI.

    I have no knowledge of any crimes he may or may not have committed.

    So, that said... Jathan never did me anything but right. He was quiet, kept to himself an awful lot, but in a department which seems defined by professors who keep their office doors shut, Jathan's door was always open--both figuratively and literally.

    My first day at UI, I walked into his office to get a registration number. I looked over his bookshelf and found a surprising number of really high-quality texts on C++, which he told me he'd found laying around MacLean Hall or which someone was throwing away, or whatever. (Strangely enough, the engineering library at Seamans Center has a far, far larger programming library than the CS department in MacLean Hall. The ECE, Electrical and Computer Engineering, geeks have a much better library. In MacLean Hall, getting the book with the right information is a matter of borrowing it from the grad student who owns it, or else hitting Amazon.com.) I walked in there just expecting to get my registration processed; I walked out of there with three good C++ texts under my arm, gifts from him. No money, no favors, no nothing: just "here's how the library situation works, and here, have a few books, do you already have a copy of Josuttis? You do? Okay, never mind that, then..."

    So. No matter what happens, let's please remember that Jathan's a human being, with real history, and real people he's helped out in the past for no reason at all other than he wanted to help out.