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Man Gets 6 Years for Software Piracy

smooth wombat writes "In what prosecutors are calling 'the ultimate case', a Florida man has been sentenced to six years in prison for selling illegal copies of computer programs. From the article: 'Danny Ferrer, of Lakeland, Fla., pleaded guilty in June to conspiracy and copyright infringement charges after an FBI investigation of his Web site, BuysUSA.com. Ferrer also was ordered to pay more than $4.1 million in restitution to software makers Adobe Systems Inc., Autodesk, and Macromedia Inc.' The judge ordered that items he bought with the money, including airplanes, a Lamborghini and other cars, be sold off to pay for the restitution."

321 comments

  1. easy way out by JackBuckley · · Score: 5, Funny

    He should've just wiped his hard drive, and presto! no evidence. Oh, wait...

    1. Re:easy way out by whois_drek · · Score: 5, Funny

      You know, I'm going to invent a formula for getting modded higher. It'll be something along the lines of:

      1. Read popular story
      2. Read new story
      3. Make some humorously ironic comment on the current story based on newly-gained group knowledge from previous story.
      4. Add optional Soviet Russia joke, Overlord welcome, or "Oh, wait..." sentence fragment at end.
      5. Profit!!!

      So that formula is my invention. Please sign the following NDA with prior-invention clause below...

    2. Re:easy way out by nizo · · Score: 1, Insightful

      Sadly humorous mods don't raise your Slashdot karma. Jokes can however raise your real-life karma, which is much more important! Though you have to keep in mind that the negative mods slam down your Slashdot karma, so if you aren't funny, well, your real-life karma may suffer too. Is this risk really worth it?

    3. Re:easy way out by GeckoX · · Score: 0, Redundant

      Wow, sure killed that one didn't you? heh.

      --
      No Comment.
    4. Re:easy way out by Anonymous Coward · · Score: 4, Funny

      1. Read popular story
      2. Read new story
      3. Read humorously ironic comment on the current story based on newly-gained group knowledge from previous story with added optional Soviet Russia joke, Overlord welcome, or "Oh, wait..." sentence fragment at end.
      4. Respond with underpant gnomes formula list with optional "???" step.
      5. ???
      6. Profit!!!

      Patent infringed! You'll never catch me! I'm anonymous! HAHAH!

    5. Re:easy way out by Harker · · Score: 4, Funny
      1. Read popular story
      2. Read new story
      3. Make some humorously ironic comment on the current story based on newly-gained group knowledge from previous story.
      4. Add optional Soviet Russia joke, Overlord welcome, or "Oh, wait..." sentence fragment at end.
      5. Profit!!!


      You left a step out, if you plan to profit.

      5. Patent the idea
      6. Sue anybody who tries to use it.
      7. Profit!!!

      H.
      --
      When VCR's are outlawed, only outlaws will have VCR's.
    6. Re:easy way out by advocate_one · · Score: 1

      you forgot the "Oh, wait..." at the end...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    7. Re:easy way out by 0100010001010011 · · Score: 1

      More like: 5. Patent idea of making profit. 6. Let Apple perfect your business model. 7. Sue apple.

    8. Re:easy way out by carpe_noctem · · Score: 1

      You must be new here, aren't you?

      --
      "Quoting famous computer scientists out of context is the root of all evil (or at least most of it) in programming." - K
  2. Wow... by Anonymous Coward · · Score: 4, Interesting

    I can understand the steep financial penalty, but 6 years seems awfully harsh for a crime where no one was physically harmed.

    1. Re:Wow... by Burlap · · Score: 4, Insightful

      I dissagree. In the VAST majority of fraud cases the fine is peanuts compaired to what was actually taken, he can serve his 6 years and still come out a rich man.

    2. Re:Wow... by gatkinso · · Score: 0

      You are kidding, right?

      --
      I am very small, utmostly microscopic.
    3. Re:Wow... by ackthpt · · Score: 5, Insightful

      I can understand the steep financial penalty, but 6 years seems awfully harsh for a crime where no one was physically harmed.

      I'm certain the victims of Michael Milken and the Enron brass see things differently.

      dear, we've got alpo or ken-l-ration for dinner tonight

      --

      A feeling of having made the same mistake before: Deja Foobar
    4. Re:Wow... by DaHat · · Score: 1

      Sounds fair... lets see how you feel after I break into your computer and/or house and clean out your wallet, piggy bank and bank account.

      To make everything kosher though... I'll be sure not to break anything or cause any other 'physical harm.'

    5. Re:Wow... by legoburner · · Score: 4, Informative
      Ferrer bought numerous airplanes, a fighter-jet simulator, a Lamborghini, a Hummer and other luxury vehicles with his profits.


      Judging by the amount he got from this, he was not exactly small fry. Who knows what lengths he went to protecting an illicit business of that size. Certainly a sizeable chunk of change was diverted from normal streams and a fine and a slap on the wrist for him would probably not be too much discouragement for other people in similar situations who are watching his case.
    6. Re:Wow... by 955301 · · Score: 3, Funny


      I don't know, seeing a fat balding italian guy in a Lamborghini hurts my eyes...

      --
      You are checking your backups, aren't you?
    7. Re:Wow... by rolfwind · · Score: 4, Funny

      The damage must be severe, that's a Hummer, not a Lamborghini!

    8. Re:Wow... by Anonymous Coward · · Score: 0

      This sort of time is perfectly appropriate for such vile offenses. Unfortunately, there's not nearly enough room to house all of our "criminals," so some get off easy.

      I sleep better at night knowing that it is the rapists that are walking about, while the copyright infringers, drug users, and homeless are kept at bay.

    9. Re:Wow... by Jeng · · Score: 0, Offtopic

      As many people know, Raman is far cheaper dog food. Considering how much my cat likes Raman I'm toying with the idea of not buying her any more cat food.

      --
      Don't know something? Look it up. Still don't know? Then ask.
    10. Re:Wow... by lixee · · Score: 4, Funny

      Correction: Rich analy-raped man!

      --
      Res publica non dominetur
    11. Re:Wow... by Silverstrike · · Score: 0

      Tragically, you picked the wrong site to make that comment on.

      I suggest you go where it would be appricated: http://www.fark.com/

      /loves fark
      //See the slashies?

    12. Re:Wow... by LordKronos · · Score: 1

      he can serve his 6 years and still come out a rich man.

      I'm not so sure about that. He has to pay $4.1 million, and they are talking about liquidating his assets to collect on it. Granted, he could have stashed a bunch away somewhere that noone knows about. The article doesn't say how much he made selling the software. It mentions that it could have cost the companies more than $20 million, but that doesn't tell you much about what he actually brought in (selling a $100 program for $20, then making $4.1mil "could" have cost the company $20mil in sales).

    13. Re:Wow... by Overly+Critical+Guy · · Score: 1

      He harmed the folks who worked on the software and weren't paid. This guy made enough money to buy a Lamborghini and other cars, and multiple airplanes, for crying out loud. That's millions. Frankly, the sentence seems kind of low considering how much money he made that should have gone to the software developers who actually did the work.

      --
      "Sufferin' succotash."
    14. Re:Wow... by osgeek · · Score: 1

      Keep in mind that operations like his are responsible for sending us all a lot of spam for "cheap software".

      Killing is too good for spammers.

    15. Re:Wow... by j-turkey · · Score: 5, Insightful
      I also disagree. 6 years is nothing. He should've gotten more. All jail terms in this country are too piddly. Murders and Rapists should instantly get life, instead of these crappy plea deals, and early parroll.

      It sounds like you've never worked in corrections. Ever stepped foot inside of an American correctional facility? 6 years in a Florida prison is decidedly not 'nothing'. My company contracts with the FL DOC and a day in one of those facilities would be too much for me.

      Also remember that once a felon, always a felon. A convicted felon has major obstacles in housing, employment, etc for the rest of their life. I'm not saying that I have a better way, but lock 'em up and throw away the keys isn't any kind of solution. After spending 6 years in the pokey, this gentleman will have a very difficult time re-entering society.

      Finally, the law is simply not black-and-white. Dealing in absolutes is a frightening thing, and most judges tend to understand this (fortunately). Prosecutors tend to go for the maximum available sentence. Imagine getting into a bar fight and by way of a freak accident, you kill a man with a single punch. Do you think that you deserve to get locked up for life? What about for a consentual sex act and your partner changes their mind about it after the fact and presses charges? Does that justify rotting away in prison for the rest of your life?

      While I think that our justice system is flawed, I can't think of a better way. However, the absolute and totalitarian justice system that you envision is pretty frightening to me. I'm sure glad that's not the country that we live in.

      --

      -Turkey

    16. Re:Wow... by Gonarat · · Score: 2, Informative

      Unless he has assets hidden away that the Government can't find or touch, he can say goodbye to what he has under RICO. As it is, they are selling off his assets to pay the judgement, but I'm sure anything that is left will be taken by the Government. We are not talking about someone who lived in his Mom's basement and traded software on the P2P networks -- we are talking someone who made enough to get Ferraris and boats and who knows what else.

      --
      Beware of Sleestak
    17. Re:Wow... by dbarjim · · Score: 1

      Because it did not physically harm someone it is not a crime??? So only crimes that physically harm someone should be prosecuted?? Someone stealing from a store is not a crime? stealing a car? or robbing someone?? Where are your moral values?????????? If you knew you might get 6 years in prison for breaking the law would you do this?? I think the 6 years is very reasonable. If you went to a shoe store and got caught and only had to make a partial payment for the shoes and got to keep the shoes and nothing else happened you would keep stealing shoes. Jim

    18. Re:Wow... by Jon+Luckey · · Score: 1
      Granted, he could have stashed a bunch away somewhere that noone knows about.

      First dibs on searching his parent's yard with a metal detector!

      --
      -- 3 events that reshaped the world in the 20th century: WW1, WW2, and WWW
    19. Re:Wow... by TFGeditor · · Score: 1

      I think he richly deserved 6 years or more because odds are he was responsible for much of the software spams in my inbox.

      --
      Ignorance is curable, stupid is forever.
    20. Re:Wow... by Joe+The+Dragon · · Score: 1

      are willing to pay a LOT MORE TAXES to be able to keep more people locked up that long?

    21. Re:Wow... by shark72 · · Score: 1

      "He harmed the folks who worked on the software and weren't paid. This guy made enough money to buy a Lamborghini and other cars, and multiple airplanes, for crying out loud. That's millions. Frankly, the sentence seems kind of low considering how much money he made that should have gone to the software developers who actually did the work."

      A thought experiment here: the guys at allofmp3.com likely sell more than 100,000 downloads per month, so they've probably made their first million. They are selling music at a discount similar to what the guy in Florida was offering on software. This is, of course, because he, like the allofmp3.com guys, got to sell the goods without having to pay the supplier.

      Now, the guys at allofmp3.com have exploited a loophole in Russian law, so it's highly doubtful that they're going to jail. But it's also highly unlikely that the couple of hundred bucks per month they pay in webcast licensing ever gets to the people who "actually did the work," either.

      The point that I am slowly getting to is that the allofmp3.com guys are regularly regarded as heroes who are purportedly giving the iTMS some much-needed competition, yet I don't see the Florida guy being held aloft as a hero. Interesting.

      --
      Sitting in my day care, the art is decopainted.
    22. Re:Wow... by 955301 · · Score: 1


      Also note that he isn't in it which is another hint that this isn't the car I'm talking about.

      --
      You are checking your backups, aren't you?
    23. Re:Wow... by Anonymous Coward · · Score: 1, Interesting

      A friend of mine had sex with his fiance 4 months before their wedding date. His fiance, who was a psycho and very flaky by the way, said that he raped her (they have even had sex before), took him to court and he was charged with rape and sent away for a few years, without any real evidence against him asside from her sob story about how he forced himself on her and raped her, and that he had no alibi as he was with the supposed raped woman. Now I've known this man since we were young, and he did not seem like the kind who would rape someone (none the less rape his fiance)

      He will forever be known for the rest of his life as a convicted rapist for something some crazy woman started. I think his only mistake was ever meeting the woman in the first place.

      Before you push that "they should instantly get life", consider the circumstances my friend had encountered.

    24. Re:Wow... by nickmue · · Score: 2, Informative
      Imagine getting into a bar fight and by way of a freak accident, you kill a man with a single punch.
      I think I've seen that before... http://www.imdb.com/title/tt0118880/
    25. Re:Wow... by bensafrickingenius · · Score: 1

      "but 6 years seems awfully harsh for a crime where no one was physically harmed."

      Anyone who agrees with this should stop and consider the fact that this scumbag was undoubtably also a spammer. And as a spammer, he's probably responsible for a huge number of zombie machines and all the other stuff that's crapping up the Internet. Death sentence, anyone?

      --
      I am not left-handed, either!
    26. Re:Wow... by Anonymous Coward · · Score: 0

      "As many people know, Raman is far cheaper dog food. Considering how much my cat likes Raman I'm toying with the idea of not buying her any more cat food."

      I really hope that you are joking. Raman noodles are terrible for humans, and worse for cats.

      Cats are carnivores, they don't need carbohydrates - Raman noodles are mostly carbohydrates and sodium.

    27. Re:Wow... by MBGMorden · · Score: 1

      You emphasize mutliple airplanes that that must be the shiznit. As long as we're not talking abiout the most state of the art stuff in existence or some military fighter jet, planes aren't as expensive as a lot of people think. Brand new ones (which few people buy) can be had for $60k or so and you can find used small planes for $15k (Cessna 150's, Piper Tomahawks, Ercoupes, Aeroncas, etc). For the price of that 1 Laborghini he could have had a whole fleet of planes ;).

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    28. Re:Wow... by HungWeiLo · · Score: 0, Redundant

      Imagine getting into a bar fight and by way of a freak accident, you kill a man with a single punch. Do you think that you deserve to get locked up for life?

      No, you would go through a swashbuckling adventure with a den of thieves while being transported between prisons, run slow-motion with a huge explosion behind you, and come crash-landing right in the middle of the Vegas strip - just like Nicolas Cage did.

      --
      There are a huge number of yeast infections in this county. Probably because we're downriver from the bread factory.
    29. Re:Wow... by twistedsymphony · · Score: 1

      If he had a good financial adviser he could have stashed away a lot of his possessions in trusts, in those cases if setup properly it would be very difficult to take that away from him, since they would actually belong to the trust, not him, and the lawsuit is against him, not the trust.

      Though based on the fact that they've apparently already seized some of his belongings he apparently wasn't that smart (unless of course they seized them and they WERE owned by the trust, in which case the trust could sue them for seizure without reason)

      Or maybe I have no idea what I'm talking about seeing as IANAL

    30. Re:Wow... by geekoid · · Score: 1

      I think you missed the point.
      6 years in prison is too long, not that he shuld ahve got any.
      Personally, I believe probation and 6 years of community service would have been better.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    31. Re:Wow... by Anonymous Coward · · Score: 0

      Home-slice will not be in a Florida Department of Corrections prison, but a Federal prison. It could be anywhere in the Southern District, but most likely will be in Pensacola, FL if his attorney(s) does his job. That's a fairly lax white collar facility.
      The main issues with going to a prison like this are that it really disrupts your life, both by separating you from your friends and family while you are in there (though visits are possible on the weekends) and because you get out and are labeled a crook. Granted I wouldn't think much harm could come with hiring this guy to flip burgers, but most hiring managers are going to see Felon on his record and would rather hire the pimple faced teen who won't show up for work half the time for that job b/c they won't differentiate between what he did and violent crime or traditional thievery.
      Also, a fine != pay back what you stole.
      All of the companies that he pirated software from could sue in civil court for damages, and would most likely win since it has been established in criminal court that he stole from them (and most likely how much he stole was established to some degree).

    32. Re:Wow... by jahudabudy · · Score: 5, Interesting

      j-turkey: Imagine getting into a bar fight and by way of a freak accident, you kill a man with a single punch. Do you think that you deserve to get locked up for life? What about for a consentual sex act and your partner changes their mind about it after the fact and presses charges?

      neonprimetime: What if, what if, what if. Don't put yourself in those positions and you wouldn't have to worry about it.

      Let's see, your advice is to NOT get into the position where you are drinking at bars and having sex with women. j-turkey is worried about "accidentally" killing a man with a single punch when shit goes down. Yeah, I think I'm gonna go hang out with j-turkey.

      --
      ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
    33. Re:Wow... by geekoid · · Score: 1

      that the real crime.
      I am sure Lamborghini has a clause that say only good lokoing people onder 35 with a full head of hair are allowed to keep the clause. Of couse the clause is waived if in the passenger seat there is a young slim woman with huge breasts.

      Ciao

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    34. Re:Wow... by misleb · · Score: 1

      How about we take the cost of imprisoning all these people for such unreasonably long times out of YOUR paycheck? Maybe then you might grow a heart.

      --
      "THERE IS NO JUSTICE, THERE IS ONLY ME." -Death
    35. Re:Wow... by dbarjim · · Score: 1

      I think 6 years is correct, he was stealing from Adobe, Macromedia and other software companies... on what planet do you think the punishment for stealing from companies is community service?? Jim

    36. Re:Wow... by Anonymous Coward · · Score: 0

      If I only had a mod point... I'd give you +1 Not Lame

    37. Re:Wow... by duerra · · Score: 1

      How the hell did that comment get modded to +5 insightful? That had to have been the most blissfully ignorant post I have ever seen on Slashdot.

    38. Re:Wow... by dr.fishopolis · · Score: 1

      so what you're saying is that you shouldn't have sex unless you're prepared to be locked up for rape if the girl goes whacky and accusses you of something you didn't do.

      this is what gets modded insightful these days...

    39. Re:Wow... by jahudabudy · · Score: 1

      Tough, but fair. Hopefully, it will be for the sex thing, not the "death with a single blow" thing. That just sounds unpleasant for everyone.

      --
      ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
    40. Re:Wow... by dbarjim · · Score: 1

      When did it become acceptable for people to steal ???? Why stop there, burglary, rape, holdups?? Community service for all of them also?? There are already punishments for breaking the law and if you do it then take your punishment If the people did not commit the crimes they would not go to jail... If they do the crime then they have to be respondsible. Jim

    41. Re:Wow... by slackmaster2000 · · Score: 4, Insightful

      Or imagine that you accidentally illegally sold enough software to buy yourself an airplane and a Lamborghini, do you really deserve to be locked up for six years?

      This was a deliberate, willful act, showing complete disregard for personal responsibility within our society. Not only did he take advantage of corporations, but no doubt thousands of people who didn't know that the software they purchased was not legitimate. I know it sounds strange to those of us "in the know", but many of my collegues and friends have asked me over the years about these amazing deals they've found on software. I would also imagine that this person was a heavy spammer, in which case he played a role in the ongoing destruction of a communication system that was at one time simple, cheap, and beneficial to all.

      While the rest of us scratch it out at real jobs or run our own legitimate businesses, driving around in Honda Civics and trying to stay ahead of the bills, this guy was essentially living it up.

      I agree that our justice system is extremely flawed, but it's the only one we've got. Until it is fixed, we still have to maintain a system in which people are punished for their crimes. Six years sounds pretty hard, even considering the actual amount of time he'll problably spend is much less. I'm not sure what a better solution would be though. Six years of hardcore community service? Well, if I was the type of person with low enough ethics to consider making millions of dollars illegally, I might feel a little better about pursuing the action if I knew that I probably wouldn't serve any time behind bars. Sure it would suck to sell off my Hummer, my Lamborghini, my personal airplanes, and my fighter-jet simulator to pay restitution, but somehow I don't see that stopping me.

      If he had stopped at paying off his wife's medical bills, I would feel more compassion, and the legal system probably would have too. The one shining bright spot of our system is that it is designed to consider each case individually. I'm very much against three strike systems and ridiculously high minimum sentences.

    42. Re:Wow... by neonprimetime · · Score: 1

      so what you're saying is that you shouldn't have sex unless you're prepared to be locked up for rape if the girl goes whacky and accusses you of something you didn't do

      Or pick better partners? Just a thought.

    43. Re:Wow... by dbarjim · · Score: 1

      Are you saying what he did was okay stealing from Adobe, Macromedia and other companies and he should keep all the money?? Remind me never to invite you into my home... Jim

    44. Re:Wow... by Anonymous Coward · · Score: 1, Insightful

      I'm guessing you've never visited a prison -- or if you have, it was a minimal-security open prison of the sort people are sent to when they've nearly finished paying their debt to society and need preparing to rejoin it.

      Newsflash: American prisons already have a reputation for having among the roughest and most unpleasant conditions of prisons in any first-world democracy. They are not happy kindergartens where people pass pleasant days sipping champagne and surfing the internet.

      I suggest you educate yourself a little, instead of believing everything you're told by whatever pundits it is you get all your preconceptions from. Frankly, I'm slightly surprised you're supporting prison at all. Wouldn't it be better to just have a mandatory death penalty for all crimes? Hey, and then we could save even more money by doing away with the whole appeals system that means people end up spending years on death row: we could have them sit in the chair in court, and if they're convicted, the judge just throws the switch. Just think how much we could cut taxes if we had a system like that!

    45. Re:Wow... by misleb · · Score: 1

      Where did I say that we shouldn't send people to jail?

      --
      "THERE IS NO JUSTICE, THERE IS ONLY ME." -Death
    46. Re:Wow... by j-turkey · · Score: 1
      Or imagine that you accidentally illegally sold enough software to buy yourself an airplane and a Lamborghini, do you really deserve to be locked up for six years?

      I'm not suggesting that the guy either deserved or didn't deserve 6 years. My reply was more of a reply to the black-and-white justice system that the GPP suggested. I'm still glad that these things are decided on a case-by-case basis.

      --

      -Turkey

    47. Re:Wow... by misleb · · Score: 2, Informative

      Indeed you did! With hyperbole and rhetoric, no less! Congratulations. Mind pointing out which prison have prisoners sipping champaigne for lunch? And if you can show one, can you show that it is the norm?

      --
      "THERE IS NO JUSTICE, THERE IS ONLY ME." -Death
    48. Re:Wow... by Alef · · Score: 1
      What if, what if, what if. Don't put yourself in those positions and you wouldn't have to worry about it. People need to learn to accept the consequences of their actions, and if they're worried about the consequences, stay out of the situations.

      The question was, I believe, what the consequences should be, not whether or not the offender should accept them.

      But regardless, there is one important reason why harsher punishments do not in general imply less criminality: the simple fact that acts of crime are never* acts of reason. This is proven by the fact that hardy any crime pays off even with current cirsumstances, for example.

      When a burlar decides to break in to a house, he does not stop and contemplate whether the presumed loot is worth risking 4 years in jail or only 2. And what he fears is not the actual jail time, but rather the event of "being caught". The fear is emotional, not a rational.

      *) There are, of course, more or less exotic exceptions.

    49. Re:Wow... by Culture · · Score: 1
      What about for a consentual sex act and your partner changes their mind about it after the fact and presses charges?

      Fortuntely, despite claims to the contrary, this is not a crime in the United States. You would get laughed out of any court room if you tried this:

      Umm... I though I wanted to have sex with Mike, he seemed really cool. After we finished the act I found our in fact that he reads slabdot and plays D&D. Therefore, I really, in retrospect, did not want to have sex with him. I feel violated. Can you charge him with a crime, and preferably have him locked up for life?

      Perhaps, instead, you refer to a situation where a woman commits a crime by claiming that she was raped when in fact she was not. Personally, I feel the number of times this happens is vanishing small. However, reagardless, I am not certain I would be happy in this situation whether I was sent to jail for 10 years or life. In both cases the crimal has gotten away with a crime.

      --
      ----- There are two kinds of people in this world, my friend; those with loaded guns, and those who dig.
    50. Re:Wow... by dbarjim · · Score: 1

      Sorry that message was meant to go to someone else that was defending the amount of time he got and said he should have only gotten community service... I feel people must be accountable for their crimes.. Jim

    51. Re:Wow... by Gonarat · · Score: 1

      No, I'm just saying that anything that he made over the settlement will most likely be seized by use of the RICO law. Any hope he had of doing his time and coming out rich will not happen. The only way he might have any money is if he did stash some somewhere where the U.S. Government couldn't touch it. Even then, if they find out about it, they may be able to make him return it. In other words no exchanging 6 years of his life for living the rest of his life after that in luxury. If he still owes after all his assets are seized, he'll be working it off until it is paid.


      He didn't get away with anything.

      --
      Beware of Sleestak
    52. Re:Wow... by TemporalBeing · · Score: 1
      Perhaps, instead, you refer to a situation where a woman commits a crime by claiming that she was raped when in fact she was not. Personally, I feel the number of times this happens is vanishing small. However, reagardless, I am not certain I would be happy in this situation whether I was sent to jail for 10 years or life. In both cases the crimal has gotten away with a crime.
      What you are suggesting is the same as what the gp suggested, only different wording. The GP (so far as I can tell) is suggesting that two people have sex consentually, and then later (say the next day) one goes and says - "you know what, I really didn't want to . I did it consentually, but I didn't want to; therefore I was 'raped'." Technically, that's not rape. But if they make the allegation, it still ruins the persons life - even if they did not commit the crime; just the allegation is enough to do it. The real criminal, as you pointed out, is the person who is claiming the "consentual sex" was rape. As to the statistics, I don't know what they are - could be large, could be small.
      --
      Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
    53. Re:Wow... by iamsolidsnk · · Score: 1

      I find your comment ignorant and short-sighted, neonprimetime. The correctional system is not a one-way street, and longer sentences surely do not curb crime rates. Social challenges dictate crime, like poverty, hunger, environment. To punish all with an iron fist conjures an image of the United States in a constant state of martial law. Also, this kind of thinking has already put an unfathomable strain on the United States correctional system. If you don't believe me, do a google search on the problems facing California's prison system.

      Criminals should be punished, but like j-turkey said, it should be based on the situation. Don't judge the entire legal system a failure based on one or two news reports you read or heard of in which a felon served a short sentence. Our society needs boundaries, but more importantly we need freedom.

      --
      Here I am, here I remain.
    54. Re:Wow... by Johnboi+Waltune · · Score: 2, Insightful

      If you're a man who can tell which woman is going to turn crazy on you after you sleep with her, you're the only one.

      --
      "The advanced societies of the future will be driven by competing systems of psychopathology." -JG Ballard
    55. Re:Wow... by Millenniumman · · Score: 1

      It seems awfully harsh for the people who have to pay for it. His purchases aren't going to cover restitution and prison time.

      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
    56. Re:Wow... by Ender+Ryan · · Score: 1

      You're a real piece of shit there. FOAD, you insufferable fool.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    57. Re:Wow... by Ender+Ryan · · Score: 1

      I take it you don't drink at bars? That's kind of lame, but understandable. I mean, I drink at bars, but I've never even SEEN a bar fight. But... whatever... OTOH, it seems you also do not sleep with women? That's quite contrary to human nature. How is that an acceptable way for you to live? And more importantly, you expect other people to deny themselves sexual gratification as well? Yeah, uh, no.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    58. Re:Wow... by Ender+Ryan · · Score: 1

      We already have more prisoners than CHINA who's population is SIX TIMES greater, and who's government is generally considered to be WAY TO HARSH and NOT FREE.

      What were you saying again? Fair sentencing is a left wing value? You must be quite an extreme fascist then...

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    59. Re:Wow... by HTH+NE1 · · Score: 1
      Ferrer bought numerous airplanes, a fighter-jet simulator, a Lamborghini, a Hummer and other luxury vehicles with his profits.

      But did he have a mansion und a yacht?
      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    60. Re:Wow... by Hutz · · Score: 1

      Physical harm has nothing to do with it. This is serious stealing. This guy didn't grab an extra copy of an $800 program so he could play with it, he manufactured bogus copies. This is no different than hacking into a bank and stealing millions of dollars. The punishment needs to be great enough to deter. And let's be clear -- I'm sure a good number of his customers thought it was real. I'm in IT at a school and constantly get forwarded emails from his type of company by innocent users in the school looking to save us some money. They don't get that it's like buying a rolex on the street in Manhattan for $20.

    61. Re:Wow... by GalacticCmdr · · Score: 1
      Let's see, your advice is to NOT get into the position where you are drinking at bars and having sex with women. j-turkey is worried about "accidentally" killing a man with a single punch when shit goes down. Yeah, I think I'm gonna go hang out with j-turkey.

      The one-punch thing happened while I was at Purdue. Coming out of a bar one guy thought another guy took off with his jacket. There was an altercation and accuser threw a punch and caught the other guy in the head. Burst some blood vessel and the guy just dropped dead.

      --
      Programming: Its not just a job - its an indenture.
    62. Re:Wow... by sik+puppy · · Score: 1

      arghhh

      where is that quote from? I know it, and its driving me nuts because I can't remember from where.

      thanks

      --
      The first thing we do, let's kill all the lawyers. Shakespeare, Henry VI, Part 2, Act 4, Scene 2
    63. Re:Wow... by Gentlewhisper · · Score: 1
      We already have more prisoners than CHINA who's population is SIX TIMES greater, and who's government is generally considered to be WAY TO HARSH and NOT FREE.


      That's because in china criminals get the firing squad. Oh, and they invoice the family of the deceased with the cost of the firing squad too, so no taxpayers' money there...
    64. Re:Wow... by ottothecow · · Score: 1
      Maybe he just makes them sign a consent form?

      kind of like a 17 year old in a state with a high (18) age of consent having their parents sign a form so they can have sex totally legally ("hey mom...can you sign this?") in that it is something I am sure you would just love to have to do before having sex.

      --
      Bottles.
    65. Re:Wow... by j-turkey · · Score: 1
      What if, what if, what if. Don't put yourself in those positions and you wouldn't have to worry about it. People need to learn to accept the consequences of their actions, and if they're worried about the consequences, stay out of the situations.

      I did not argue that people should not be held responsible for their actions. I only suggested that the law shouldn't be so cut-and-dry. I also provided examples of a murder and/or rape conviction that should probably not result in a life sentence. Further, I went on to suggest that 6 years is not the easy sentence that you implied.

      I'm not defending anyone's actions, or suggest that the punishment that was doled out was either appropriate or inappropriate. I am simply refuting the absloutism that you expressed desire for in our justice system. I stand by that -- I'm glad that our justice system doesn't work the way you would like.

      --

      -Turkey

    66. Re:Wow... by poolmeister · · Score: 1

      True... I'd also like to add that China also gives out the death penalty for crimes such as car theft and drug related crimes.
      After the criminal is paraded around town with their crime displayed on a sign hung around their neck and later shot in the back of the head, the actual shell casing is posted to the family so they can repay the state for the use of the bullet.

      Profit!

      --
      CN=poolmeister.OU=lurkers.CN=slashdot
    67. Re:Wow... by Ender+Ryan · · Score: 1

      You dipshits. China would have to execute a lot more people than they do to even out the score with our prison population in the United States of Modern Fascism.

      And you two act as if I'm excusing China's behavior. Quite the contrary. Please, let's get our own house in order.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    68. Re:Wow... by Ender+Ryan · · Score: 1

      If people didn't do a lot of X's, a lot more bad shit wouldn't happen too. What the fuck is your point? According to "neonprime," hanging around with drunks or sleeping with the wrong girl are cause to not care whether someone is innocent or not.

      Fuck that, fuck him, and fuck you too if you support that. This is supposed to be a free country.

      And just FYI, sometimes the drunk who's going to start a fight, or the wrong girl, are not who you expect. But dipshits like neonprime think they can avoid all the situations we've been talking about. Well, he's dead wrong.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    69. Re:Wow... by j-turkey · · Score: 1
      j-turkey is worried about "accidentally" killing a man with a single punch when shit goes down. Yeah, I think I'm gonna go hang out with j-turkey.

      LOL! I roll with Chuck Norris and Mr. T. We get into spontaneous bar brawls and then hook up with random women.

      --

      -Turkey

    70. Re:Wow... by Ender+Ryan · · Score: 1

      You're telling people you don't care if they wind up in prison, innocent or not, and you can't take a little ad hominem attack?

      Real good show there you asshat.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    71. Re:Wow... by Anonymous Coward · · Score: 0

      Let's do the math here... he made upwards of 20 million, has to pay back 4 million...
      So here's a felon with 16 million bucks after he does the time...

      I doubt housing and employement are going to be a problem for him.

    72. Re:Wow... by Tars+Tarkas · · Score: 1

      Of course the law is not simply black or white, but some crimes are indeed very black. Execute those who commit first degree murder, child rape, and those guilty of comparable atrocities, and six years in prison won't be nearly as bad for a software pirate. He will get to spend his time in prison with tax cheats, and the like. Of course, this is not politically correct. But political correctness is what produced the current situation, and we must be doing something wrong.

    73. Re:Wow... by arminw · · Score: 1

      ......And more importantly, you expect other people to deny themselves sexual gratification as well?.....

      Of course not! Sex, like fire is good. Like fire, sex out of place is destructive. Find and marry a good woman. Keep her as your special treasure and she'll respond by giving you sexual pleasure.

      --
      All theory is gray
    74. Re:Wow... by cryptoluddite · · Score: 1

      You people that think six years is justice have no fucking idea what the American prison system is like. These punishments don't act as a deterrent because most people cannot even imagine how bad it is.

      Watch some P.O.V. on the subject. The PBS had a story on of this guy who was just suspected of being in a prison gang (he wasn't) and got solitary for like 20 years in supermax for it. After he got out he didn't participate in anything. In social settings he just stands in the corner not talking, despite being completely outgoing and gregarious before prison. He says he's his own best company. And he was lucky because his 6x4 echo chamber had a TV and he was able to actually stay sane. And some inmates actually commit crimes in prison to get sent to this because the general population is also so bad.

      I used to think oh yeah they have free meals and a roof over their heads and get to watch tv all day, that's not so bad. Then a relative got a job in a low security prison and the stories even there are just sick. Maggots in the food. Poisonous spiders that live inside the bedframes and are attracted to the smell of necrotizing flesh from their bites. The worst maybe was when the inmates killed a cockroach and it had worms living in it and they just sat their crying, broken down, because even the fucking pests were being eaten alive. That's how desperate a situation it is.

      Sending anybody to an American prison for a non-violent crime is just sick. The system needs to be fixed. The time is way too hard for most crimes and way too long. The single best thing would be to stop the 'war on drugs'. Oh and the 'each case individually' means blacks get 2x the sentence, that's just so fair. People make jokes about the "pokey" and people getting butt raped and beat in prison. Then there's some nervous laughter because most people know that this is just sick.

      I mean this guy was undoubtedly a jackass. Yeah he was living it up, while we all toil away trying to make a buck. But crying a river about all the innocent customers of his that bought unlicensed software? Come on, they got working software for less money. Yeah they were so hurt by that... the company was the only actual victim of any significance.

    75. Re:Wow... by bruce_the_loon · · Score: 1

      Looked his website up on the wayback machine. Last pricing was around 15% of true retail pricing.

      http://web.archive.org/web/20050401093808/http://w ww.buysusa.com/

      He might only have 4.1 million left.

      --
      Trying to become famous by taking photos. Visit my homepage please.
    76. Re:Wow... by Anonymous Coward · · Score: 0
      I'm certain the victims of Michael Milken and the Enron brass see things differently.

      Are you really craxy enough to believe that selling this software caused thousands of people and their families to lose their jobs, pensions, marriages and that many of them committed suicide as a result of their losses? Give it fucking up, you lamebrained piece of shit.

    77. Re:Wow... by Anonymous Coward · · Score: 0

      ...this gentleman will have a very difficult time re-entering society.

      So, the idea is to give them a hard time if they want to go straight, and instead force them back to a life of crime... explains why theres so many in jail.

    78. Re:Wow... by hotdiggitydawg · · Score: 1

      No no no. Think laterally. Tape it without her knowing. If she tries to do you in after the fact, well it's hard to argue against video evidence. Not to mention the payback of leaking it on the internet once the case is thrown out... and if it all stays good, just archive it for a rainy day...

    79. Re:Wow... by poolmeister · · Score: 1
      I think we where just pointing out the reason why China's prison population is so much proportionally smaller that the US.
      If the US started a similar regime of coldly disposing of rapists, murderers, drug dealers, etc. then the US wouldn't have so many in prisoners because the said prisoners would either be deterred from doing the crime in the first place or would be lying in an unmarked grave.

      More on topic, I think the 6 year sentence is fair for the software pirate, considering...
      • There's no reason to pirate software nowadays as there's such a wide range of free software available that can either replace the majority of proprietory software or provide an alternative solution.
      • He made profit from pirating the software rather than doing it quietly for personal use, then purposefully laundered the money.
      • He was dumb enough to do it openly on the web
      --
      CN=poolmeister.OU=lurkers.CN=slashdot
    80. Re:Wow... by bhiestand · · Score: 1
      No no no. Think laterally. Tape it without her knowing. If she tries to do you in after the fact, well it's hard to argue against video evidence. Not to mention the payback of leaking it on the internet once the case is thrown out... and if it all stays good, just archive it for a rainy day...

      As brilliant as this is, it's important to remember that taping and releasing videos like this without the consent of the other party is illegal in most places. Unless they're celebrities, then you can do whatever you want, even if you weren't involved in the actual sex act.

      NOTE: In many cases, this technique also boosts the career of the "victim" of a released sex tape.
      --
      SWM seeks new sig for a brief fling
    81. Re:Wow... by hotdiggitydawg · · Score: 1

      So do it in your own home then.

    82. Re:Wow... by heybo · · Score: 1

      Personally after chasing this guys spam for so long. I am glad to hear that the guys in jail now have a new Bitch. I hope they wear that ass out! Ram him one time for me!

    83. Re:Wow... by llefler · · Score: 1

      I find it disconcerting that IP crimes are now being criminalized, rather than just being a civil offense. To be clear, he didn't steal software, he unlawfully copied and sold it.

      You say: "This was a deliberate, willful act, showing complete disregard for personal responsibility within our society." and I have to wonder, is society well served by locking this person away for this type of non-violent crime? Couldn't justice have been better served with a punishment of something like: forfeiture of all profits, 6 years suspended sentence with the requirement of 4000 hours of community service, with the felony conviction expunged at the end of the community service?

      That seems like a just sentence and he would end up serving society rather than being a burden to it.

      --
      It is amazing what you can accomplish if you do not care who gets the credit. -- Harry Truman
    84. Re:Wow... by llefler · · Score: 1
      Sounds fair... lets see how you feel after I break into your computer and/or house and clean out your wallet, piggy bank and bank account.


      And suppose when you got caught, your sentence was to pay restitution (equivalent to my costs for your act, not the amount you profitted from it), do all my yard work for a year, and paint my house.

      I am made whole by your restitution, and actually ahead by the amount of labor you have to perform for my benefit. Are you suitably punished?
      --
      It is amazing what you can accomplish if you do not care who gets the credit. -- Harry Truman
    85. Re:Wow... by Ender+Ryan · · Score: 1

      I certainly agree about this particular software pirate. I can't say whether 6 years is the right term -- prison conditions varying so wildly -- but he certainly deserves to do some time in any case, IMO.

      But regarding China... I doubt they execute as many people as we put in prison, so I stand by my comparison. But forgetting China, we still have nearly 3/4 of a percentage of our population in prison, over half for non-violent drug-related offenses. That's ridiculous. No other (supposedly) free country even comes close in terms of population percentage.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    86. Re:Wow... by dsanfte · · Score: 1

      So you're telling me you're no more likely to get stabbed or shot in a bar than walking down the street? I call bullshit.

      Hang around bad people and bad things happen. I'm sorry you live in a free country and still decide to make stupid choices.

      --
      occultae nullus est respectus musicae - originally a Greek proverb
    87. Re:Wow... by rtb61 · · Score: 1

      Not to forget, that according to the RIAA, MPAA and BSA, the fellow is a memeber of an organised crime syndicate, a terrorist leader, as well as being a pirate (and if he isn't, he certainly, most definately, absolutely, funds those organisation, just ask you nearest PR weasel).

      --
      Chaos - everything, everywhere, everywhen
    88. Re:Wow... by HTH+NE1 · · Score: 1

      It's from a cartoon.

      "I am Elmer J. Fudd, Millionaire. I own a mansion und a yacht."

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    89. Re:Wow... by Burlap · · Score: 1

      I do believe you are GREATLY over-estimating the legal powers of your govt to seize funds... anyone doing something as shady as selling bogus software would be an idiot not to have an offshore bank account... once its out of the country the feds cant get it back without a whole lot of hastle, if they can at all.

    90. Re:Wow... by tehcyder · · Score: 1
      This was a deliberate, willful act, showing complete disregard for personal responsibility within our society
      Just remind me why this is so different from downloading MP3s from BitTorrent you haven't bought yourself? I thought that was counted as practically a basic human right on /. now.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
  3. Good! by boatofcar · · Score: 5, Insightful

    It's one thing downloading software illegally online, but charging others for it brings things down to a whole new level, whether it be Office or the NES famiclone knockoffs.

    1. Re:Good! by LilGuy · · Score: 1

      Is it a whole different ballgame from a company stealing another's software, slapping a new name on it, and selling it for an arm and a leg?

      --

      You're nothing; like me.
    2. Re:Good! by grammar+fascist · · Score: 4, Funny

      I especially don't feel sorry for him if he's the type that sends out those !!!DISCOUNT SOFFTWARE!!! spams. Those alone ought to be worth a couple of years.

      --
      I got my Linux laptop at System76.
    3. Re:Good! by Marxist+Hacker+42 · · Score: 1

      No difference at all, as far as I'm concerned- that's exactly what this so-called "pirate" was doing, except for slapping a new name on it...

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    4. Re:Good! by Anonymous Coward · · Score: 0

      Restitution is the moral and just penalty for what this man did. Prison is not. Why should he be locked up if he poses no threat to anyone? He is no rapist, murderer, or even a bully. He has committed theft or fraud, not physical force. Make him reimburse the victim for the amount stolen, plus mitigating damages.

      Am I out of my mind, you ask? Absolutely not. Prison should be for violent criminals only -- all others should be penalized through restitution to the victim, not the government as it typically goes today. As it stands, the majority of theives (for example) pay absolutely no restitution to their victims -- they simply sit in jail for a period of time, training to become more successful criminals when they get out. If the victim recieves any compensation at all, it is taken from the taxpayers who had absolutely nothing to do with the crime, the aggressor, OR the victim. Does that sound logical to you?

    5. Re:Good! by YrWrstNtmr · · Score: 1

      Restitution is the moral and just penalty for what this man did. Prison is not. Why should he be locked up if he poses no threat to anyone?

      So if you're a successful financial criminal, all you have to do is pay a fine, and you're done?
      Wash, rinse, repeat.

    6. Re:Good! by megaditto · · Score: 2, Interesting

      What do you think of this analogy:

      Downloading pirated copies is like taking a picture of a prostitue in flagrante delicto without paying extra.
      Selling pirated copies is like pimping the prostitutes, then taking away all their money (sex slavery in effect)?

      Of course, if you have no intention to buy the product in the first place, then downloading warez just to check them out is more like sneaking a peek at the said prostitute engagins some other john.

      --
      Obama likes poor people so much, he wants to make more of them.
    7. Re:Good! by Azure+Khan · · Score: 1

      He didn't say "a fine". He said "restitution". These are not the same. Currently, people pay fines, and most of these fines go to the government, and tend to be smaller than the amount they scammed. Instead, a financial criminal should have to pay restitution in the form of total compensation for all losses, and possibly potential losses, as well as the legal expenses incurred, such that the total financial restitution is equal to or (preferrably) greater than the monetary gains that they garnered. This would not go to the GOVERNMENT, but directly to shareholders, employees, and other individuals who were financially harmed by the crime.

      --

      --- I'm going sane in a crazy world.
    8. Re:Good! by symes · · Score: 0

      Someone sufficiently savvy to stay out of jail long enough to make this much money will more than likely vanish to somewhere with no extradition treaty as soon as you take your eyes off him... and if he's realy smart he'd have had his flit all thought through well in advance.

    9. Re:Good! by djdavetrouble · · Score: 0, Offtopic

      Does it always have to come down to pimps and hos with you, megaditto? Every time I turn around
      its like pimp this, those hoes that. Every freaking analogy is its like when you x to a prostitute and then the pimp
      y's. The world is NOT a whorehouse, megaditto.

      --
      music lover since 1969
    10. Re:Good! by megaditto · · Score: 2, Funny
      The world is NOT a whorehouse, megaditto.
      In that case must have gotten lost at some point.

      You need a place to say, hon?
      --
      Obama likes poor people so much, he wants to make more of them.
    11. Re:Good! by WizADSL · · Score: 1

      Well, according to RIAA and MPAA, it's exactly the same thing.

  4. The worst part of his dastardly deed by Anonymous Coward · · Score: 5, Funny

    He was charging suckers for this pirate software and not even providing the courtesy of an nfo.

    Good riddance.

    1. Re:The worst part of his dastardly deed by Anonymous Coward · · Score: 0

      You don't need a nfo. As stated at http://buysusa.com/faq, just use the keygen in the /crack folder.

    2. Re:The worst part of his dastardly deed by drinkypoo · · Score: 1

      That site is now a DOJ notice. The whole thing :)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:The worst part of his dastardly deed by dan828 · · Score: 1

      http://web.archive.org/web/20050331094954/www.buys usa.com/html/faq.html Lets you take a gander at the FAQ-- the main site isn't up any more. Apparently, they had a special number to call to get your activation codes. Probably some minimum wage employee running a keygen.

  5. Does this mean... by ackthpt · · Score: 2, Insightful

    Does this mean I'm getting less spam from him? I'm still getting a lot which offer s1gnificant disc0unts on s0ftware

    Bugs me it took long enough to take this guy out for him to buy all that stuff. Clearly the BSA or whatever industry watchdog isn't terribly vigilant, unless it comes to a knock on your company door, wishing to audit all your software licences and installations, while this potlicker was operating within the USA long enough to amass a fortune.

    --

    A feeling of having made the same mistake before: Deja Foobar
  6. FOR SELLING PIRATED SOFTWARE by stanmann · · Score: 0, Redundant

    Once again, not really news. This doesn't change anything, selling bootlegs, pirate copies etc has always been a criminal act, and even if restrictions on downloading or trading with friends are legislated, selling someone elses work will still be punished.

    --
    Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    1. Re:FOR SELLING PIRATED SOFTWARE by Anonymous Coward · · Score: 0

      Dude, you must be new here on /.

    2. Re:FOR SELLING PIRATED SOFTWARE by whois_drek · · Score: 1

      Once again, not really news. This doesn't change anything

      What are you talking about? Of COURSE it's news. By your rationale, capturing Osama bin Laden wouldn't be news because it wouldn't change the fact that terrorism will continue, even if it's by other terrorists.

      (Isn't it cool how you can turn anything into a discussion of Bush's War on Terror?)

    3. Re:FOR SELLING PIRATED SOFTWARE by egypt_jimbob · · Score: 1

      (Isn't it cool how you can turn anything into a discussion of Bush's War on Terror?)
      That's a corallary to Godwin's Law.

      --
      I am a leaf on the wind. Watch how I soar.
    4. Re:FOR SELLING PIRATED SOFTWARE by russ1337 · · Score: 1

      Do I have this straight?

      Selling a pirated copy of software is a criminal offence... Ok. got that bit
      Giving away software (file sharing) is not a criminal offence, but an infringement of someone's copyright; therefore they can sue you in a civil suit.

      You can go to jail with a criminal offence but you do not be jailed for losing a civil suit. (you are usually ordered to pay money to the copyright holder.
      There are maximum (financial) penalties in place for the criminal offence, but not the civil suit, (but you can go to jail).

      Question: Have I got that right, and can you be sued for copyright infringement after your criminal case for selling it?

    5. Re:FOR SELLING PIRATED SOFTWARE by Anonymous Coward · · Score: 0

      IANAL.

      Most likely, you are correct. See criminal cases for assault/murder/manslaughter/etc where there is also a civil case for wrongful death/pain and suffering.

    6. Re:FOR SELLING PIRATED SOFTWARE by Anonymous Coward · · Score: 0

      Actually, you're almost right.

      Infringing on copyright is criminal. You can go to jail for infringing whether you profit or not. However, the reality of the prosecuter's office is that unless you make money, they aren't going to bother you.

      Because, there are also civil penalties. That is, they can sue you for uploading their software.

      You cannot be jailed for a civil suit, and there are limits to how much they can recover, which is largely based on how much you infringed. You can go to jail for criminal charges. And, the judge can, and did in this case, order you to pay restitution.

      Can they sue afterward? Yes. Remember OJ? He got off on the criminal trial and got hammered in the civil trial. However, because restitution was ordered by the judge, it would be rather silly to sue, because you pretty much already have a judgment in your favor.

    7. Re:FOR SELLING PIRATED SOFTWARE by geekoid · · Score: 1

      yes. Civil court does not count as double jeopardy when it involves the same crime as the criminl trial.

      See OJ.

      Personally I think it should double jeopardy, but what do I know?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    8. Re:FOR SELLING PIRATED SOFTWARE by wwillia99 · · Score: 1
      There is a different burden of proof for civil and criminal. Criminal is beyond a reasonable doubt (no other suspects). And civil is a Preponderance of the evidence (more that half). So you can be found guilty in civil court and still be found innocent in criminal court.


      So criminal court is mostly to punish you for your crimes with jail time or fines. While civil court is mostly to make financial restitution for victims. And it doesn't count as double jeopardy because they are brought by different parties. Criminal cases are brought by the government District Attorney's and civil cases are brought by the the victims who file a lawsuit. So if you wanted to take away the civil/criminal double whammy you would in essence be taking away the rights of victims to claim damages from criminals.


      Hope this clears things up for you, W

    9. Re:FOR SELLING PIRATED SOFTWARE by hiroller · · Score: 0

      What does Osama have to do with Bush's War on Terrorism?

    10. Re:FOR SELLING PIRATED SOFTWARE by I'm+Don+Giovanni · · Score: 1

      Regarding the term "file sharing", isn't that misleading? Sharing an object implies there's one object being shared among people, and at any one time, one of those people has the object and the others do not, or they all "have" that single object because they're all in the same location. What you're referring to is file "copying". "Sharing" is a feel-good euphamism for what's going on.

      --
      -- "I never gave these stories much credence." - HAL 9000
    11. Re:FOR SELLING PIRATED SOFTWARE by I'm+Don+Giovanni · · Score: 1

      I've read that copyright infringment is a civil offense, unless you reach a certain threshold (for example, "sharing" $1000 worth of copyrighted material over 12 months (I forget what the actual threshold is)), at which point it becomes a criminal offense.

      --
      -- "I never gave these stories much credence." - HAL 9000
  7. I don't understand by Durrill · · Score: 3, Interesting

    Why couldn't he just operate his business outside the country? If he was making millions, he could have easily ran his business from any corner of the planet.

    --
    If i wanted to hear bullshit, i'd go to church.
    1. Re:I don't understand by Anonymous Coward · · Score: 0

      Why couldn't he just operate his business outside the country? If he was making millions, he could have easily ran his business from any corner of the planet.

      this is Florida we are talking about, judging from the people there it might as well be on another planet

    2. Re:I don't understand by 955301 · · Score: 1

      You may be joking, but you're correct in a way. In Florida, they cannot seize his house. So he should have put all the money into his property instead of frivolous toys. He could do his six, then return to the same home. Much better than a 30 year mortgage working a 9-5.

      --
      You are checking your backups, aren't you?
    3. Re:I don't understand by 140Mandak262Jamuna · · Score: 1
      If he was that smart, he would not be selling bootleg copies in the first place.

      It just goes to prove crime does not pay. if you cant get away with it

      --
      sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    4. Re:I don't understand by saider · · Score: 1

      Try paying taxes on a million dollar home. He could easily lose his house for failing to pay taxes. I'm betting that if he sold the house to get a more modest one, the gub'ment would be able to sieze the proceeds to pay for the judgement. At least the cash left over after buying the new, smaller house.

      I hope he hid his money well. He's going to need it.

      --


      Remember, You are unique...just like everyone else.
  8. archve.org link by yahyamf · · Score: 5, Interesting
    Archve.org link before the site was taken over by the FBI

    1. Re:archve.org link by mreynozo · · Score: 2, Funny

      Have you seen the site AFTER it was taken over by the FBI? Looks like they could use a web designer or two. *shudder*

    2. Re:archve.org link by viniosity · · Score: 1

      From TFL (Link):

      To prevent unauthorized distribution this product requires Telephone activation within 30 days of installation. You MUST activate the software while at your computer as the activation request number will change. We will provide you with the telephone number to activate the software. Please have your invoce number handy before calling. This activation technology has been developed by Adobe to prevent piracy.

      That is both gutsy and sneaky. It's not surprising that, in this click on spam society, so many people were fooled (enough to buy a jet and Lamborghini). Quite an operation he had there.

    3. Re:archve.org link by Mattintosh · · Score: 2, Funny

      Things I thought of when I clicked that link:
      - "Oh god it burns!" (red background = bad)
      - "'This site permanently shut down' - yeah right. I wonder how much the domain will go for at auction..."
      - "Please, please, please don't be goatse..."
      - "Why is there a Sun logo in the favicon?"

    4. Re:archve.org link by mcmonkey · · Score: 1
      From the Archive site:
      As bundled software it qualifies for all online updates but does not qualify for technical support
      Gee, software at deep discounts with no tech support and I have to call you for activation rather than doing it online with Adobe? How can I lose?

      Can I get the extended warranty with that?

    5. Re:archve.org link by witekr · · Score: 1

      At least they're using CSS styles (albeit, not a very pretty one...)
      Somewhat unexpected!

    6. Re:archve.org link by WWWWolf · · Score: 1

      Arrrrrrrgh!

      Someone please reprimand FBI for invalid HTML, not using a doctype at all, images without alt attributes, goddamnfrigging <p>&nbsp;</p>, and misusing <h1> and <h3> to change font size rather than using them for headings.

      I thought all public US government sites were supposed to follow some accessibility guidelines or something? (Text versions, support for screen readers, all that good junk...) And since that is a public US government site now...

  9. Sounds like the money went to good use... by Anonymous Coward · · Score: 0

    "Ferrer bought numerous airplanes, a fighter-jet simulator, a Lamborghini, a Hummer and other luxury vehicles with his profits." At least he didn't waste the money....I think my lottery shopping list is similar.

  10. YRO? by Anonymous Coward · · Score: 1

    What has this got to do with my rights online? This doofus was obviously a blatant criminal, and I'm happy he has to pay back the money he earned. A "feeding tube for his sick wife"? Give me a fucking break. The guy bought a Lamborghini and a fighter jet-simulator. Somehow I think "a certain amount of greed" is bit of an understatement.

    What could there possibly be to discuss about a case like this? Move along everybody.

  11. Good by jhembruff · · Score: 5, Insightful

    This is the kind of thing that we should be cracking down on, the commercial pirates, not teenagers and old ladies who download a song or two.

    This guy is driving exotic cars and ripping off people at both sides, the companies who actually create the stuff, and the unsuspecting comsumer (read: idiot) who paid for this stuff thinking he was getting a good deal, and winds up getting screwed (not that you can really sympathize with anyone dumb enough to fall for this, but I guess greed overcomes common sense).

    1. Re:Good by Anonymous Coward · · Score: 0

      This is the kind of thing that we should be cracking down on, the commercial pirates, not teenagers and old ladies who download a song or two.

      Can't we do more than one thing at a time?

      And maybe I'm wrong but when is the last time someone got busted for 2 songs? "Sampling" is one thing, taking album after album of the same artist is another. The main people target are people with thousands of song downloaded. These aren't people looking for a "new sound", it's people looking to get their music for free. If people are really fans of artists they should be willing to give up a few bucks, not just keep downloading.

    2. Re:Good by TheOldSchooler · · Score: 2, Funny

      Ohhhh, this website. Yeah I'm familar with it. This is were my company ordered all of our copies of Microsoft Office, Windows XP Pro and 2003 Server for our 15 worldwide offices with over 150,000 workstations. Is this a problem?

    3. Re:Good by nine-times · · Score: 5, Insightful

      This is the kind of thing that we should be cracking down on, the commercial pirates, not teenagers and old ladies who download a song or two.

      Well, yeah. This is what copyright law was actually intended to do-- stop publishers from making money by undercutting the people who invested their own time and money to bring something to market. The other stuff is just an abuse of the law.

    4. Re:Good by radarsat1 · · Score: 1
      This guy is driving exotic cars


      Damn him for driving his exotic cars!!
    5. Re:Good by SQLGuru · · Score: 1
      Apparently you don't read enough /.

      http://yro.slashdot.org/article.pl?sid=06/08/25/06 3212

      That post is from *TODAY*. And she had 200, not someone
      with thousands of song downloaded


      Is 200 the same as 2? No, but 200 is a whole lot closer to 2 than it is to thousands.

      Layne
    6. Re:Good by Breakfast+Pants · · Score: 0, Troll

      And people offering pirated material over p2p programs aren't publishing it at a price (free) that undercuts people who invested their own time and money to bring something to market? Why should copyright law be focused on just making sure no money is made by anyone other than the holder? Can't you see what happens to that rule of thumb when bandwidth is nearly free?

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    7. Re:Good by patrixmyth · · Score: 3, Insightful

      First, this is not a claim as to the legality of file sharing. It's illegal. No doubt about it, and there are real penalties if you are prosecuted. That debate is over. My comment is that a reasonable and sane approach would be that we prosecute people who profit by SELLING other people intellectual property (You down with OPIP?), but that we treat unauthorized USE of OPIP as a civil affair, where the owner is free to pursue compensation from the courts for their products that were inappropriately acquired, and we treat the SHARING of OPIP as an infraction, where the perpetrator is fined on an escalating scale as they are cited for the action, but are not given a bill equal to the price of the IP owner's retirement dream home. This would make sharing OPIP akin to speeding, where we discourage it, but recognize that it will continue to happen at some scale and may actually serve some useful function in society. This principally applies to IP that functions as a tool. When it comes to movies or music, then I think that's a more complicated (and less important) issue. I advocate this approach whenever possible and try to put it out there so that people who agree with it can talk it up, as well. Consumers will never have the lobbying power that corporations have, but we do have the numbers on our side.

      --
      "Don't you know you're going to shock the monkey?"- Peter Gabriel
    8. Re:Good by shark72 · · Score: 1

      "Is 200 the same as 2? No, but 200 is a whole lot closer to 2 than it is to thousands."

      The other article was confusing because it refers to "downloading" but the issue that the record companies have with her is that she's sharing those 200 songs. If ten people downloaded each song, that's 2,000+ unauthorized copies. Meanwhile, the fellow in Florida sold about 2,000 unauthorized copies of PhotoShop for $99 each to pay for his Lambo.

      --
      Sitting in my day care, the art is decopainted.
    9. Re:Good by stubear · · Score: 1

      How do you define "making money"? Could it be considered profitable if I were to trade software. music, or movies with others online? I've profited by gaining something in return but no cash was involved. I'm sure the scammers and con-artists would be able to come up with many others. Is it enough to gain something by offering bandwidth as a fee (a la Bit Torrent)? Bandwidth could certainly become the new currency of illegal distribution of copyrighted material but in your plan there's nothing wrong with this because cold, hard greenbacks weren't used. Just admit that you want shit for free and are pissed and jealous that artists and musicians have the potential to make gobs more money than you then give up the fight and move on.

    10. Re:Good by patrixmyth · · Score: 1

      That's a very persuasive argument you make. How could I have missed the fact that I "want shit for free", am "pissed and jealous" and should "give up". Of course! Thanks for setting me straight, and clearing up the whole issue. If only you had been available to testify before Congress, perhaps everyone could have benefitted from your keen insight, wit and obvious devotion to the public good.

      --
      "Don't you know you're going to shock the monkey?"- Peter Gabriel
  12. Piracy Confuses Tom by tomstdenis · · Score: 0, Troll

    GCC is free software right?

    So are the hundreds of other tools?

    Skippy.

    Tom

    --
    Someday, I'll have a real sig.
    1. Re:Piracy Confuses Tom by grammar+fascist · · Score: 1
      GCC is free software right?

      So are the hundreds of other tools?

      So if all these nifty free tools exist, why do people pirate? It's either 1) they don't know, or 2) the tools don't measure up - or both.

      I'd say a C compiler isn't what people are looking for when they buy pirated software. It's Windows, Office and Photoshop. When the OSS offerings compete with those in every way, will we see a drop in piracy?
      --
      I got my Linux laptop at System76.
    2. Re:Piracy Confuses Tom by drinkypoo · · Score: 2, Insightful
      When the OSS offerings compete with those in every way, will we see a drop in piracy?

      I think so. The problem is, they don't, and they aren't trying to. Instead of working on filling in the needed missing features and working on stability, most developers enjoy developing new, nifty features that like four people need.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  13. Questionable sentence? by Anonymous Coward · · Score: 1, Insightful

    Six years is a long time. I read about real criminals--wife beaters, sex offenders, recidivist criminals who have committed multiple crimes--getting comparable time. Don't get me wrong, this guy is a criminal but six years for a nonviolent crime? That seems like a zealous prosecutor who knew this would get a lot of press.

    1. Re:Questionable sentence? by east+coast · · Score: 1

      Don't get me wrong, this guy is a criminal but six years for a nonviolent crime? That seems like a zealous prosecutor who knew this would get a lot of press.

      Perhaps or maybe it's the idea that this bloke is much more likely to get a reduced sentence or parol due to the nature of his crime. Not to say that violent criminals don't but I'd like to think it's much less likely. Just for the record: IANAL.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
    2. Re:Questionable sentence? by Anonymous Coward · · Score: 0

      I don't agree.. But then again I do. I'm not saying he should get less, the wife-beaters and rapists should certainly get more. But then as someone else pointed out, he was probably also spamming, or paying spammers. And I consider spam to be a violent crime - it's certainly invasive and certainly makes me want to be violent :)

    3. Re:Questionable sentence? by Anonymous Coward · · Score: 0

      A freind's brother spent 5 years in Federal prison for loaning money to a drug dealer. The drug dealer spent two years.

      This guy made MILLIONS, you think he shouldn't spend more time in jail than somebody who robs a 7-11 of fifty bucks? Or who loans a thousand to a low level coke dealer?

    4. Re:Questionable sentence? by King_TJ · · Score: 1

      I'd argue the opposite, really. It's too bad some of these people who commit very serious, violent crimes only get 6 years or so - and then we turn them loose on society again. Child molestors, rapists, and so forth don't really change their ways very often, just because they had to sit in prison for 5 or 6 years. They only learn a little more about how to become better at not getting caught, as they spend time with other criminal minds.

      Percentage-wise, the federal govt. has already handed out financial penalties that compare to what this guy got in cases of computer BBS operators giving away copyrighted programs for free, as a hobby! (If they confiscated $2000-4000 in computer equipment from a teenager who only worked part-time in retail or fast food, that's just as large a part of his total income as forcing this guy to sell off his airplane and cars!)

    5. Re:Questionable sentence? by westlake · · Score: 1
      Six years is a long time. I read about real criminals--wife beaters, sex offenders, recidivist criminals who have committed multiple crimes--getting comparable time. Don't get me wrong, this guy is a criminal but six years for a nonviolent crime? That seems like a zealous prosecutor who knew this would get a lot of press.

      In the American federal system, almost all violent crimes are prosecuted in the state courts and only the the most far-reaching of economic crimes in the federal courts.

      Federal jurisdiction in kidnapping, murder, etc., scarcely existed before Prohibition.

      Poters here seem offended whenever the white-collar criminal gets more than his wrists slapped.

      But it's the violent offender entering the federal system who does the hard time.

  14. Looks like he should of HELD UP a BANK instead by Anonymous Coward · · Score: 1, Interesting

    Looks like he should of HELD UP a BANK instead, and gotten off with 5-10, and better status in the joint -- Hey, buddy, what you in for? Uh, copyright infraction. Why you little (bang!, pow!, #($*%$Y&*#)

  15. Now there's one business model... by MarkusQ · · Score: 5, Funny

    Now there's one business model that certainly could have benefited from picking FOSS.

    Hey, here's an idea: maybe we should push this as counter-FUD:

    Man sentenced to six years for picking proprietary software
    Intrinsic risks of "poison pill" licenses overlooked by many

    It's just a thought.

    --MarkusQ

    1. Re:Now there's one business model... by rk · · Score: 1

      That's bloody brilliant, it is. :-)

  16. Are Financial Crimes Victimless? by nick_davison · · Score: 5, Insightful

    I can understand the steep financial penalty, but 6 years seems awfully harsh for a crime where no one was physically harmed.

    By that definition, the Enron board, the WorldCom board and all others who cause purely financial damages should be given light sentences.

    Noble ideals aside, in a monetized society, money does become essential: Without it, you don't get to eat, don't get health insurance, lose your home, etc.

    This guy made enough he could buy sportscars, planes, the works. Even if you just look at the $4.1m restitution, that's a lot of salaries Adobe, Macromedia and Autodesk could have paid. It's easy to dismiss it as "Oh well, they're big companies, no harm, no foul." but it becomes much more of an issue when they cut the job of a guy whose health insurance got his daughter treatment for cancer.

    So, yes, there's no easy direct link to physical harm caused. But the trickle down effect, just like the Enron and Worldcom guys wiping out people's retirements, may well be far more dramatic overall than a single assault. Given that you can't track down every indirect result, all you can do is look at the quantity of money, get a feel for the effects the fraudulent reappropriation of that likely had, and then accept that increasing dollar amounts can be translated in to just as increasing "likelihood" of physical harm.

    Is say physical assualt bad? Absolutely. And whilst worse for one person, I'm not convinced the overall suffering is actually worse than say ten guys facing the gnawing fear of layoffs, ten wives dealing with losing their homes they poured their souls in to, ten kids having to deal with daddy suddenly being unemployed and having to move away from friends and ten families living with the risk of no medical insurance.

    1. Re:Are Financial Crimes Victimless? by Anonymous Coward · · Score: 0

      Are you seriously having trouble deciding if being beaten within an inch of your life is worse than worrying about losing your job? I'll take the worrying, please.

      This is not the same thing as Enron. Enron's top-tier people stole money from their underlings in a way that made them think they were still doing ok. This guy copied software from a bunch of companies he had nothing to do with and sold it - he didn't bankrupt his employees. Since when does anyone have to care about a corporation's profits? Joe Blow Employee shouldn't have to give a shit if someone is copying his company's software. He's doing his job and should be paid regardless to other factors.

    2. Re:Are Financial Crimes Victimless? by merreborn · · Score: 1

      "Joe Blow Employee shouldn't have to give a shit if someone is copying his company's software. He's doing his job and should be paid regardless to other factors."

      A company's profits dropping by some number of millions of dollars is going to result in downsizing and people losing their jobs. Period. Sure, Joe B. Employee *shouldn't* be hurt by that sort of thing, but out here in the real world, he is.

    3. Re:Are Financial Crimes Victimless? by shark72 · · Score: 4, Interesting

      "This guy made enough he could buy sportscars, planes, the works. Even if you just look at the $4.1m restitution, that's a lot of salaries Adobe, Macromedia and Autodesk could have paid. It's easy to dismiss it as "Oh well, they're big companies, no harm, no foul." but it becomes much more of an issue when they cut the job of a guy whose health insurance got his daughter treatment for cancer."

      Very well put.

      A common Slashdot response to the piracy issue is "the person wouldn't have bought the legitimate copy anyway." In this case, the guy was selling copies of $649 software for $99. This is roughly comparable to the discount that allofmp3.com offers on music, and many people defend their allofmp3.com use because they cannot afford to pay $1 / track. Just like allofmp3.com, this fellow was able to sell $649 software for $99 because he did not need to worry about paying the rightsholders. Unfortunately, lots of people would disagree with you about actual harm to Adobe, et al.

      I suspect that if this were a story about music piracy, the guys writing "They're big companies, no harm, no foul" would be the ones with the 5, Insightful ratings, where you'd be marked down as a troll and likely accused of astroturfing.

      --
      Sitting in my day care, the art is decopainted.
    4. Re:Are Financial Crimes Victimless? by brian.howard · · Score: 2, Interesting

      Lamborghini employees have families too...

    5. Re:Are Financial Crimes Victimless? by Noah+Adler · · Score: 1

      Is say physical assualt bad? Absolutely. And whilst worse for one person, I'm not convinced the overall suffering is actually worse than say ten guys facing the gnawing fear of layoffs, ten wives dealing with losing their homes they poured their souls in to, ten kids having to deal with daddy suddenly being unemployed and having to move away from friends and ten families living with the risk of no medical insurance.

      I'm certain the Druids and Aztecs would agree with you on this. The fact that a few individuals needed to be sacrificied to appease gods was a small price to pay for the peace of mind concerning crop yields, disease, and other issues important to the whole societies.

      Shirley Jackson might have a slightly different take on the matter.

      (disclaimer: Like you, I'm not convinced one way or the other. Just thought I'd point out that it is indeed a very hard ethical conundrum)

    6. Re:Are Financial Crimes Victimless? by toad3k · · Score: 1

      My question to you is: What dollar amount equates to a single first degree murder? 10 thousand? 1 million? 50 million? a billion?

      4.1 million dollars can do alot of good and prevent alot of bad. Does this guy deserve to die for it?

    7. Re:Are Financial Crimes Victimless? by DougLorenz · · Score: 1

      The guy stole from people, spending his ill-gotten gains to give himself a life of luxury that included multiple airplanes, a Hummer, a Lambourgini, and other luxuries which law-abiding citizens like the rest of us will probably never have. I work an honest job and have to get by with just a single five-year old Audi and no airplane at all...

      The value of all the stuff he has purchased from his crimes has since depreciated. There is no way he will be able to make full restitution for the damage he has done. And the six years in prison is nothing... Six years of his life is probably far less valuable than the balance of his debt after everything he still owns is sold off to partially pay the debt. A lot of his victims will only get a small piece of what he owes them.

      Why should he get off with only having to pay part of a debt he acquired through criminal actions?

      Start selling off his internal organs as transplants, and let him just hope that his restitution is fully paid before they put something that he REALLY needs on eBay...

      --
      Slashdot, where you get modded down as redundant for stating an opposing viewpoint... Independent thought anyone?
    8. Re:Are Financial Crimes Victimless? by Anonymous Coward · · Score: 0

      Yes, it is very hard to track the trickle down effect. You sound just like the RIAA, oh well we had five quadrillion dollars lost do to pirating. How many of those people who bought software wouldn't have bought it had it not been so cheap? The only reason I run Windows XP is because I get a discounted copy through my university book store, I wouldn't have windows xp if it were not for that.

    9. Re:Are Financial Crimes Victimless? by misleb · · Score: 1

      The value of all the stuff he has purchased from his crimes has since depreciated. There is no way he will be able to make full restitution for the damage he has done. And the six years in prison is nothing...

      6 years of his life and little chance of ever being able to enter legitimate society again... even if he wanted to. Seems pretty serious to me.

      --
      "THERE IS NO JUSTICE, THERE IS ONLY ME." -Death
    10. Re:Are Financial Crimes Victimless? by Anonymous Coward · · Score: 0

      it becomes much more of an issue when they cut the job of a guy whose health insurance got his daughter treatment for cancer.

      Whoa, you're saying that in America, kids with cancer only get treated if their parents can afford to pay? That's... well, sorry to all the Americans here, but that is simply barbaric, and utterly contrary to all the values I thought America stood for.

      It's not like you even get significantly lower taxes out of it. God bless America.

    11. Re:Are Financial Crimes Victimless? by Opie812 · · Score: 1

      3 grand gets somebody knocked off where I live. I can't say how I know this, but let me just say that my neighbour is no longer annoying me.

      --
      I'm not a nerd. Nerds are smart.
    12. Re:Are Financial Crimes Victimless? by AK+Marc · · Score: 0, Offtopic

      This is roughly comparable to the discount that allofmp3.com offers on music, and many people defend their allofmp3.com use because they cannot afford to pay $1 / track. Just like allofmp3.com, this fellow was able to sell $649 software for $99 because he did not need to worry about paying the rightsholders. Unfortunately, lots of people would disagree with you about actual harm to Adobe, et al.

      Well, allofmp3.com is not breaking any law. They are compliant with all US laws and all Russian laws. So, how is someone illegally copying something, misrepresenting it, defrauding the buyer, and profiting at the expense of someone else "roughly comparable"? Just because you think allofmp3 should be illegal does not mean it is. Your lies about the $1 a track not being affordable is not a correct statement. The issue is what you are downloading and what you can do with it. allofmp3.com is the only place I know where you can legally download (legal if you are in Russia, questionable legality if you are in the US, though that has never been decided in court) non-DRM files in a variety of formats, including lossless. It simply offers services that aren't available anywhere else at any price.

      Since you can't see the difference between that and someone that knowingly breaks copyright, fraud and other laws (wait until the IRS gets a hold of him) with the intent to profit at the expense of the company he is imitating and the people he lies to while selling his fraudulent product, then you are a nutjob no more logical than people that illegally copy music and clam it is legal or a moral imperative or such.

    13. Re:Are Financial Crimes Victimless? by panaceaa · · Score: 1

      Is say physical assualt bad? Absolutely. And whilst worse for one person, I'm not convinced the overall suffering is actually worse than say ten guys facing the gnawing fear of layoffs, ten wives dealing with losing their homes they poured their souls in to, ten kids having to deal with daddy suddenly being unemployed and having to move away from friends and ten families living with the risk of no medical insurance.

      Today's my last day as an Adobe employee, and I have to say -- the results of not working for Adobe are not unemployment. Most people who work for Adobe are highly talented and can easily get a job somewhere else in Silicon Valley within a month or two. Adobe also has COBRA health insurance that can cover you while you're unemployed. In my case, I'm going to enjoy a pay increase and will be buying property!

      Of course, what you're really saying is that increased piracy decreases the demand for software developers. This is true, but the people who would be software developers in a world without piracy aren't busy selling their houses to avoid bankruptcy. They're doing other skilled labor jobs -- perhaps computer related, perhaps not. While it's great to reduce piracy and keep more money in the hands of the people who design and write the software, piracy itself has always been a form of competition and no established company is laying off employees because of it.

    14. Re:Are Financial Crimes Victimless? by Pharmboy · · Score: 1, Informative

      Well, allofmp3.com is not breaking any law. They are compliant with all US laws and all Russian laws.

      Really? All US laws? You need to research that a bit because you don't have the facts, yet make very bold statements.

      Just because they claim they are legal in the US (and no one agrees) doesn't mean it is legal. As a matter of fact, it is clearly infringement in virtually everyone's eyes except your, allofmp3.com, and their customers who don't really care. It is even threatening Russia's acceptance into the WTO. It is a simple case of Russia saying "Fuck America, we want the tax dollars this generates".

      This isn't P2P sharing, this is selling something they don't own.

      --
      Tequila: It's not just for breakfast anymore!
    15. Re:Are Financial Crimes Victimless? by muftak · · Score: 1

      Exactly, the money isn't wasted, it just goes to somebody else! Although money going to someone like Bill Gates probably is wasted, as he is never going to be able to spend it all, so pirating microsoft software is ok :)

    16. Re:Are Financial Crimes Victimless? by shark72 · · Score: 3, Insightful

      "Well, allofmp3.com is not breaking any law. They are compliant with all US laws and all Russian laws."

      Another poster addressed this claim; however, whether something is illegal or not does not necessarily make it right. The fellow in Florida would be no more or less right or wrong in what he did if it were illegal to, say, sell pirated software in Florida.

      "Just because you think allofmp3 should be illegal does not mean it is."

      ...I said no such thing...

      "Your lies about the $1 a track not being affordable is not a correct statement."

      Oh, by all means, I can certainly afford a buck a song. Stick around Slashdot long enough and you'll find plenty of people who claim that they cannot. High prices are a common justification around here for using P2P or the Russian sites. Sad, but true.

      "allofmp3.com is the only place I know where you can legally download (legal if you are in Russia, questionable legality if you are in the US, though that has never been decided in court) non-DRM files in a variety of formats, including lossless."

      Above, you said that allofmp3.com is compliant with all US laws; here you are saying it is of questionable legality. Can you clarify? At any rate, if you want some good, cheap DRM-free music available in more formats than iTMS offers you, check out emusic.com and Magnatune. And unlike allofmp3, they pay the artists and there's no "questionable legality" to fret over.

      "Since you can't see the difference between that and someone that knowingly breaks copyright, fraud and other laws (wait until the IRS gets a hold of him) with the intent to profit at the expense of the company he is imitating and the people he lies to while selling his fraudulent product, then you are a nutjob no more logical than people that illegally copy music and clam it is legal or a moral imperative or such."

      I think you've nailed it, Einstein. Any other words you want to put into my mouth? Any more straw men you want to build today?

      --
      Sitting in my day care, the art is decopainted.
    17. Re:Are Financial Crimes Victimless? by AK+Marc · · Score: 1

      "Just because you think allofmp3 should be illegal does not mean it is."

      ...I said no such thing...

      Then let me ask you, do you think allofmp3 is legal or illegal? Do you think it should be legal or illegal?

      Above, you said that allofmp3.com is compliant with all US laws; here you are saying it is of questionable legality.

      I am differentiating between the company that is based in Russia, which is not in violation of any laws, and the people who reside or travel to countries where product legally purchased from the legal allofmp3 site is of questionably legality to bring in. Based on my understanding of Russian law, allofmp3 is operating under current Russian law legally without question. Some of their customers may be illegally importing product that is in violation of local copyright or customs laws. However, from some shampoo case long ago, the US laws flatly state that if something is legally exported and legally coppied (in the country of the copy, not the US laws), it can not be barred from entry back into the US by the copyright holder. Since allofmp3 has been found to be in compliance with all Russian laws for copyrights, I do not see how it would be illegal at all to travel to Russia, buy everything allofmp3 has, then travel back to the US. I do think that US laws would apply for someone sitting in the US while buying the product, and as such someone in the US buying songs from allofmp3 is violating the law.

      Oh, and if you are wondering, I have never bought a song from allofmp3.com. I am not going to regardless of the outcome of any court case (I'm sure it will be ruled illegal eventually, even if it because the US leans on Russia to change its laws, something the US loves to do to others and hates when others do to us).

    18. Re:Are Financial Crimes Victimless? by Pharmboy · · Score: 1

      And if I cover a song at a party with an admission, I'm selling something I don't own, nor do I have permission from the artist or any artist's representative.

      In America, it is covered by paying royalties to the licensing agency, usually BMI or ASCAP. This is paid by EVERY night club and radio station. The fact that a small place gets away with it for a while or not is not relevent to the fact that it IS the law, and a system has existed to cover this for many decades. Just because you don't know about it, doesn't mean it doesn't exist.

      As to your other points, you are simply being contrary when you speak of US laws and acts not done on US soil. The discussion wasn't about what I personally thought, it was about the current law in the US. In this matter, I have a degree of experience that you are probably not aware of. Again, just because you disagree, or you are not aware of the systems and laws, that doesn't mean they don't exist.

      --
      Tequila: It's not just for breakfast anymore!
    19. Re:Are Financial Crimes Victimless? by DJCacophony · · Score: 1

      Adobe, Microsoft, all such major companies are corporations. They are their own legal entities, so technically he stole from a companies, not people.

      --
      Slow Down, Cowboy! It's been 60 minutes since you last successfully posted a comment.
    20. Re:Are Financial Crimes Victimless? by Cederic · · Score: 1


      My understanding is that allofmp3.com does pay for the music it sells to you.

      If this guy had been going to a third world country, buying legitimate copies at $49 apiece, shipping them to the US and selling them for $99 (which is the equivalent of what allofmp3.com does) then I would wholeheartedly support his actions.

      Since he pirated the software and sold it I don't.

      I suspect that if this were a story about music piracy, the guys writing "They're big companies, no harm, no foul" would be modded entirely dependent on whether it was music piracy, or whether it was use of economic arbitrage to undercut the cartel driven premium pricing in the US.

    21. Re:Are Financial Crimes Victimless? by tomjen · · Score: 1

      The problem with both emusic.com and Magnatune is that they have none mainstream music - that is fine for some (hey Magnatune is about the only place you can hear Russian monks) but its a problem if I want to buy say "Video killed the radio star". allofmp3 maybe the only place you can buy DRM free mainstream music. It happens too be cheap but I am willing to buy a buck a song if I can get them DRM free.

      --
      Freedom or George Bush
    22. Re:Are Financial Crimes Victimless? by DougLorenz · · Score: 1

      Of course, and no PEOPLE have any involvement in Microsoft and Adobe... Its all just machines, taking over the world...

      And the family that owns the breakfast diner down the street from me has incorporated their business... I guess that means they wouldn't be hurt at all if I went and stole from them.

      Corporations ARE people... They are owned by people, controlled by people, and people invest their hard-earned money, and quite often their retirement dreams into these corporations. When some asshole steals from the corporation, they aren't stealing from a faceless automaton, they are stealing from people.

      --
      Slashdot, where you get modded down as redundant for stating an opposing viewpoint... Independent thought anyone?
    23. Re:Are Financial Crimes Victimless? by AK+Marc · · Score: 1

      In America, it is covered by paying royalties to the licensing agency, usually BMI or ASCAP. This is paid by EVERY night club and radio station.

      I think I found the problem. Not only are you dumb as a rock, you don't pay any attention to what is said. Of course you think I'm wrong, you can't understand the words. ASCAP and BMI are essentially bulk licenses for replay of songs. They are not in any way related to the covering of songs. I know what they are. I pay ASCAP money (there's enough overlap and I'm cheap enough that I only picked one). I know what they do and don't give me rights to, and the money I pay to ASCAP does not let me cover songs. That is a separate thing. I've told you how it works, and you simply ignored me. So you are untrainable. If you ever decide that the truth is more important that personal platitudes, feel free to learn what a compulsory license is.

      As to your other points, you are simply being contrary when you speak of US laws and acts not done on US soil.

      No, I'm being accurate. A someone in France that kills another person in France, he did not violate US law. When I read the links posted on why a Russian in Russia copying a song in Russia is violating US law, I want to puke. Are you really so stupid to think that US law can make something illegal in Russia? It isn't being contrary. It's baing accurate. But it's clear that you are not interested in accuracy when it gets in the way of your opinion.

      The discussion wasn't about what I personally thought, it was about the current law in the US. In this matter, I have a degree of experience that you are probably not aware of.

      Ah yes, the "my opinion isn't the issue while I'm giving my opinion." You are giving your opinion on allofmp3 then declaring your opinion isn't relevant. That is just as consistent as the rest of your logic. Tell me again how a Russian in Russia never leaving Russian soil is in violation of US law. I need another good laugh. And yes, I'm sure you have more experience with this than me. That's why you are ignorant of compulsory licenses and don't know what ASCAP has permissions for. But thanks for playing the "I know more than you, but I'm not going to tell you why or how" card. It works so well.

      Again, just because you disagree, or you are not aware of the systems and laws, that doesn't mean they don't exist.


      I am aware of the system of laws. I'm quite aware that allofmp3 is untouchable by US law. I am, curious, however, why some self-described expert in the field doesn't know something that simple and ubiquitous. Oh, it's either that you are lying and dumb as a rock, or you are so caught up in what's "right" (moral) that you lost sight of what's "right" (correct). Take some deep breaths, look at the actual facts, and get back to us when you can tell me why, if allofmp3 is so blatantly illegal that it is operating publically with impunity. Crap, I predict that if you were to answer, that you'd answer "corruption" without even thinking about it. I forgot, with myopic zealots such as yourself, the knee is faster than the brain. But I can hope, can't I?

    24. Re:Are Financial Crimes Victimless? by DJCacophony · · Score: 1

      Corporations ARE people... They are owned by people, controlled by people, and people invest their hard-earned money, and quite often their retirement dreams into these corporations.

      Owned by, controlled by, and invested in by, does not mean "is". Stocks are owned by people, stocks are controlled by people, stocks are invested in people, yet stocks arent people.

      --
      Slow Down, Cowboy! It's been 60 minutes since you last successfully posted a comment.
    25. Re:Are Financial Crimes Victimless? by tehcyder · · Score: 1
      Lamborghini employees have families too...
      Please tell me that was a joke.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
  17. Selling- damned straight by Marxist+Hacker+42 · · Score: 1

    This is fitting for the guy selling. As opposed to "casual" software piracy of the type that just about everybody does at some point.

    --
    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  18. The end of the once good days.... by cjkeeme · · Score: 0

    This absolutely put an end to what I call the good old days of computing for me. You know those days when you where on IRC trying to find the latest build of Windows 98. Those were the days...

  19. Selling commercial software without license by roman_mir · · Score: 1

    So the guy was selling commercial software without a license, obviously doing so for profit, obviously none of the money went to the creators of the software.

    I think he got what he deserved, he was clearly stealing.

    1. Re:Selling commercial software without license by geekoid · · Score: 1

      He was clearly infringinging on copyright. It's not called stealing for a reason.
      Yes, he should have been penelized, but I think the penelty is wrong, expensive, and pointless.

      I think making him do weekend service during a six year period would be better for society, less cost to taxpayers, and leave a bed in prison for someone who physically harmed another.

      Still fine him and sell all his stuff, and it should go on his record.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  20. Danny Ferrer (R-FL) by Doc+Ruby · · Score: 0, Troll

    If you call (863)534-5888, or email them, the Polk County (Lakeland, FL) Supervisor of Elections clerk will tell you that Danny Ferrer, of XXXX Moore Rd in Lakeland, has been a registered Republican since 1994, right before the Republicans took over Congress. I wonder if Danny works with Hank Asher the other Republican Florida software bigshot?

    BTW, please don't call and/or hassle the clerk. She's very nice, the info is public, but why slashdot her right before she takes the weekend off?

    --

    --
    make install -not war

    1. Re:Danny Ferrer (R-FL) by Anonymous Coward · · Score: 0
      registered Republican since 1994, right before the Republicans took over Congress

      No matter what party he belongs to what he did was illigal.

    2. Re:Danny Ferrer (R-FL) by Doc+Ruby · · Score: 1

      Moderation -2
          100% Troll

      Republican TrollMods can't stand it when one of their own is exposed. You think it's just a troll, maybe you should email or call the clerk. And stop pretending that Hank Asher isn't part of the Republican Iran/Contra club who put our government into your gang's control.

      --

      --
      make install -not war

    3. Re:Danny Ferrer (R-FL) by Archangel+Michael · · Score: 1

      As if Democrats are clean as a wistle?

      Yeah right.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    4. Re:Danny Ferrer (R-FL) by Doc+Ruby · · Score: 1

      As if anyone said Democrats were clean as a whistle? Or anything about Democrats at all?

      If I shout to you that youre neighbor is robbing your house, do you tell me that your other neighbor is cheating on his wife?

      Your "But Democrats..." is the lamest Republican denial excuse of them all, except for "the president didn't realize he was a crook". Which you also really like, too.

      --

      --
      make install -not war

    5. Re:Danny Ferrer (R-FL) by Archangel+Michael · · Score: 1

      Who said I was a Republican?

      Your ""But Democrates ...." is the lamest Republican denial ....." is pretty lame, and hypocritical.

      BTW, I am registered LIBERTARIAN. Don't you feel a bit silly now?

      Almost all Republicrats and Demicans are idiots. I find the whole (D) good, (R) bad ... binary logic, astoundingly and overly simplistic.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    6. Re:Danny Ferrer (R-FL) by Doc+Ruby · · Score: 1

      No, you're a registered "let me shoot someone with impunity" guy, too uncompromising with defeat to be a mere Republican. I'm registered as "none of the above", though I vote in every election.

      You party animals are really silly. Especially fake "non-Republicans" like you who see criminal Republicans get exposed, and think you need to "balance" it with disproportionate attacks on Democrats. I've got no hypocrisy, and no requirement to give "equal time" dragging every political criminal into a criticism of simply the person the story is about. You're the one with the conflict, shilling for Republicans with their talking points about Democrats when Republicans are the ones sucking all the popularity out of your own party.

      Don't think you have anything to teach me about politics when you show your poor understanding of it in public.

      --

      --
      make install -not war

    7. Re:Danny Ferrer (R-FL) by Archangel+Michael · · Score: 1

      Party Animal? Hardly. Fake Republican? Hardly. I attack EVERYONE, Republican, Democrat, independants, ....

      I have a core philosophy of Live, and let live. I am against Corporate involvement in politics, and that includes all of the PACS and Unions and Corporations and ...... If you are not a "person" (live human being) you don't have a rights.

      I believe that corporate charters ought to be revoked for corporate criminal activity, leaving the shareholders ultimately responsible for the corporations they own. Imagine people being responsible for themselves once again, rather than the typical "blame game" we have now (which you rightly point out).

      McDonalds is not responsible for stupidity of the people buying its food. There are stupid WARNING lables on everything, because some slick lawyer figured out that the curling iron company is responsible for someone burning thier eyes trying to curl eyelashes.

      The biggest problem today is the blame game, rather than people stepping up and taking responisbility for their own problems.

      "let me shoot someone with impunity"

      No no no no. To many laws make everyone criminals. We don't need more laws, we need more responsibility by our citizens. Ever wonder why we have so many prisons, and so many prisioners? Get rid of the stupid laws that serve only to lock people up, and our society can then put the real criminals in jail a lot longer. And why do people in jail think they have a right to things I have to pay for anything more than ... food (Baloney Sandwiches), lodging (tents work for me) and clothing (pink underwear for men). We shouldn't try to make it comfortable, we should make it .... survivable.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  21. Macromedia? by senocular · · Score: 1

    Macromedia? Hmm, no such company exists so it might be hard to give them money.

    1. Re:Macromedia? by Jerry+Rivers · · Score: 1

      I'm sure Adobe will be more than happy to take the money instead.

      --
      The pursuit of absolute tolerance leads to the most rigorous and ludicrous intolerance. - REX MURPHY
    2. Re:Macromedia? by lynxpardinus · · Score: 1

      Are you sure? Write a check payable to Macromedia and send it to Adobe, I'm pretty sure they won't have any problems cashing it in :)

  22. Breaking news... by Mayhem178 · · Score: 3, Insightful

    Man thrown into prison for breaking the law. Stay tuned for more developments.

    --

    "You will pay for your lack of vision..." - Emperor Palpatine to Ray Charles

    1. Re:Breaking news... by Jerry+Rivers · · Score: 1

      Man given disproportionately large sentence for the crime he committed. Taxpayers foot bill. That is all.

      --
      The pursuit of absolute tolerance leads to the most rigorous and ludicrous intolerance. - REX MURPHY
  23. Good.. by Anonymous Coward · · Score: 0

    Its one thing to download software and use it yourself,but to try to profit off of it is more then just wrong.I'm glad he is doin time.

  24. Virtual world (up to a point) by Yurka · · Score: 1

    Apart from all the things that might be said about this, look at it this way: the entire story is mostly about bunches of electrons moving this way and that. Programmer puts bytes in a certain order on a disk; cracker takes them off of it and tweaks some; they scoot over the backbone to the server; browsers suck them out, organizing hard drive space in interesting ways, and some more electrons move, but these are now money going from one account to the other. No physical things get disturbed in any way.

    And then out of the aether come all those planes and go-fast cars.

    --
    I can assure you, the best way to get rid of dragons is to have one of your own.
    1. Re:Virtual world (up to a point) by Anonymous Coward · · Score: 0

      Neal Stephenson you're not.

  25. Or in the offensive by jgoemat · · Score: 1

    Is a computer software maker selling your copyrighted software (GPL) without the making the source vailable? If so, they could face six years in jail! Let's lock SCO's management up now since they are attempting to sell "IP Licenses For Linux" which go against the GPL.

    1. Re:Or in the offensive by AnyoneEB · · Score: 1

      Why bother? The GPL allows for a fee to be required for the source code. Charge for the software and then charge again for the source if anyone asks for it. :)

      --
      Centralization breaks the internet.
    2. Re:Or in the offensive by jgoemat · · Score: 1

      Are you saying SCO should do that? You can charge for giving the source code out, but only enough to recoup your costs in giving it to them. And once they have it, they can give it freely to anyone they want. SCO doesn't want that, the first time they distributed the source code under the GPL, they would bascially be doing away with their proprietary claims. Actually they have distributed it quite a lot as they were a Linux company until McBride came on board, and it is doubtful that they could win any infringement claim against a Linux user since they have distributed it themselves under the GPL.

  26. How many adobe acrobats in a Limborghini? by nizo · · Score: 4, Insightful
    The judge ordered that items he bought with the money, including airplanes, a Lamborghini and other cars, be sold off to pay for the restitution.


    I wonder how many adobe acrobat software packages you have to sell to pay for a Lamborghini? I mean seriously, this guy was making piles of money:


    Ferrer's Web site began selling software in 2002 and was shut down by the FBI in October 2005, authorities said. Prosecutors said the illegal sales cost the software companies as much as $20 million, but industry officials say the amount could be higher.


    How exactly were these numbers computed?? This is all going back to the dead horse "but people wouldn't have bought the package if it was too expensive" argument; figuring the losses as each unit sold being a loss is absurd.

    1. Re:How many adobe acrobats in a Limborghini? by Zed2K · · Score: 1

      In this case I think it would be pretty easy to calculate lost sales. Every sale that this guy made was a lost sale. Completely different from just giving it away (or downloading it) for free.

    2. Re:How many adobe acrobats in a Limborghini? by Software · · Score: 1
      This is all going back to the dead horse "but people wouldn't have bought the package if it was too expensive" argument; figuring the losses as each unit sold being a loss is absurd.
      What makes you think he was selling the software for dirt cheap? Maybe he was selling PhotoShop for $20 less than the legit resellers. After all, if you sell PhotoShop for $15, everyone's going to know it's pirated. But at $20 less than next guy, you're going to think it's just a good deal. If somebody's going to pay $479 for pirated software when the legit software costs $499, then I think you should count it as a loss.
    3. Re:How many adobe acrobats in a Limborghini? by nizo · · Score: 1
      Thus spake the article:

      The software looked legitimate to consumers, but was deeply discounted, said John Wolfe, of Business Software Alliance, an industry group.


      In the case you mentioned I would say the amounts they are computing would be accurate, but in this case the price he was selling at was much lower.

    4. Re:How many adobe acrobats in a Limborghini? by MrSquishy · · Score: 1
      I wonder how many adobe acrobat software packages you have to sell to pay for a Lamborghini?
      7.
      That is why people pirate it.
    5. Re:How many adobe acrobats in a Limborghini? by Anonymous Coward · · Score: 0

      This is all going back to the dead horse "but people wouldn't have bought the package if it was too expensive" argument; figuring the losses as each unit sold being a loss is absurd.

      Maybe, but what else are you going to do? Seems pretty reasonable in this case.

    6. Re:How many adobe acrobats in a Limborghini? by organgtool · · Score: 1

      Of course the answer is 42. However, that's assuming that a "Limborghini" is a Lamborghini made of Limburger cheese.

    7. Re:How many adobe acrobats in a Limborghini? by kimvette · · Score: 1

      http://web.archive.org/web/20050401093808/http://w ww.buysusa.com/

      $49.99

      Obviously too good to be true.

      $199, I'd believe, if Photoshop were available as an OEM edition - it's reasonable given that OEM software is usually without the "OMG SHINY" box and the decent-sized manual Adobe still ships with their products. at $499, it's obviously too good to be true.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  27. Good-"Everybody does it." by Anonymous Coward · · Score: 0

    "This is the kind of thing that we should be cracking down on, the commercial pirates, not teenagers and old ladies who download a song or two. "

    Rather than debate your silly argument, I'll just recommed you read this.

  28. I beg your pardon.. by ackthpt · · Score: 2, Insightful

    Judging by the amount he got from this, he was not exactly small fry. Who knows what lengths he went to protecting an illicit business of that size ..

    From this list: numerous airplanes, a fighter-jet simulator, a Lamborghini, a Hummer and other luxury vehicles he was clearly not a stealthy individual. That's a pretty ostentatious list of items and I would be inclined to think the US Treasury Department would have noticed this first. Florida officials may have had him confused with a drug lord or professional athelete with such conspicous consumption.

    Spending money like you hit the Powerball Jackpot often garners attention at some point.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:I beg your pardon.. by kahrytan · · Score: 3, Funny


      He should have bought gold and burried it in his parent's backyard. And lived in a shanty apt.

      --
      \
  29. Justice Fails Again... by Anonymous Coward · · Score: 2, Interesting

    I fail to see how 6yrs and $4.1Mill in fines to Adobe, Macromedia, and Autodesk serves the public trust. Yes, he was doing a disservice to corporations, however you don't know how many legitimate users were spawned from his acts. I know, I know, its not about possibilities, only certainties when it comes to the law, right?

    6 yrs for Copyright Infringement? I imagine if you do a comparison of what other crimes will get you six years or less, you'd be baffled at this judgement (I'm lazy, you look it up). Especially when this is more of a CIVIL issue rather than criminal, IMO. Sorry, but corporations DO NOT EQUATE AS PEOPLE when it comes to the law( you can thank Congress 70-some years ago for making that mistake). The sum of the parts does not equal one part. Corporations are made of people, and do not thus constitute a person itself as a whole.

    Distrubuting Corp. A's product is denying THEM and ONLY THEM possible income. Yes you could argue you are also denying the Gov't possible tax revenue, but that would lead me to argue about current tax spending methodology and how big a cluster-fark that is. Do you really want to go that route???

    As for $4.1Mill to the Corp's. I don't really have a problem with that as they seem to be taking personal assetts, made from his Infringement activities. If that 4.1M is met with all his personal assetts, even if its a majority of it, then the 6 yrs is the debt he must pay to the public and government, for his disservice to it. That is what I have a problem with.

    This whole case is about money, possible deprivation of money, and our technological freedom at present.

    So, 6 yrs at what, a cost of $20-30+K per year to incarcerate him??? $120-150+k cost to the government to lock someone who broke Copyright Infringement Law, a CORPORATE NO NO????????

    I offer this alternative to this sentence of 6 years:
    - Ban him from Technology for 5 years
    - Ban him from owning or serving on Board or as Executive through Supervisor of Company FOR LIFE!!!!!!!!!!!!!
    - Make him work in a homeless shelter, a LIVE-IN homeless shelter at an undisclosed location, for 5 years
    - Refuse Income. He can't earn money as all income is forfeited to the Gov't, and/or Corp's for fines
    - He is restricted to his job, and nothing else.
    - Daily Parole Officer call ins, from the shelter, and random police checkins
    ----OR Low-Jack GPS implant for 5 years, preferrably somewhere where self-surgery WOULD KILL HIM
    - Give him a library card, with no PC access, and a newspaper

    - If after 5 years, he has fullfilled this sentence, give him $500 and relocate him to the farthest domestic location (if in U.S.) away from where he was originally living, and tell him good luck with the rest of your life.

    THAT, would be more of a punishment then sending him to the Gray-bar hotel with hot meals, hot water, and a roof over the head.

    /disgusted with the whole system

    1. Re:Justice Fails Again... by AndreiK · · Score: 1

      There was also a $500,000 fine paid to the government.

    2. Re:Justice Fails Again... by Cederic · · Score: 1


      You try and impose a punishment like that on me, there are going to be dead people.

      "The degree of civilization in a society is measured by the way it treats its prisoners."
      - Fyodor Dostoyevsky

  30. What?! by rhartness · · Score: 1

    You mean to tell me that burnt CD of Adobe Photoshop I purchased wasn't really OEM?! Damn!

  31. Now if he was a resident of the UK... by pandrijeczko · · Score: 1
    ..he could have downed a bottle of vodka, climbed into his Lamborghini, mowed down an innocent civilian and had his sentence reduced by four years.

    Piracy is wrong, sure, but when I hear of some poor kid getting killed by a drunk driver who only gets a two year jail sentence, I'm certainly not going to give a toss about big fat Adobe crying into their corporate coffers...

    Screw anyone that values money over human life :-(

    --
    Gentoo Linux - another day, another USE flag.
  32. Re: He will get AIDS in three days. by 140Mandak262Jamuna · · Score: 0, Offtopic
    When I go to donate blood they ask a long series of questions before accepting my blood. Among the many "did you ever have sex with another male" , "or with some one who had ..." yadda yadda yadda there is a telling question: "Have you ever been incarcerated and held in a jail for more than 72 hours."

    Looks like the blood bank thinks, prisoners will get AIDS after three days in jail.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  33. What about financially monopolizing the sector by unity100 · · Score: 1

    and pushing your products in exorbitant rates through unspoken cartel practice ?

    RIAA, that is you.

  34. Straight from the buysusa user agreement! by jdc180 · · Score: 3, Interesting

    I wonder just what this guy was smoking when he did this. Did he honestly believe he could hide behind this UA?

    7a: You are not permitted to duplicate or illegally distribute any product purchased from Buysusa. You agree to abide by the End User License Agreement contained within those products. You assume full responsibility for complying with all copyright laws. All products offered by Buysusa are fully compliant with sec. 117 of the US copyright laws. Buysusa reserves the right to refuse any customer for any reason. You understand that in order for Buysusa to make you a copy (OEM) of any software, you acknowledge that you are the legal owner of this same software, and are looking to just make a new copy (OEM) for archival (backup) purposes only. You also agree to destroy all copies of the software in the event it is ever no longer voluntarily in your possession. You understand that only the licensed owner (with a valid serial number, where applicable) of the various software found on Buysusa may use the services located here. You also acknowledge that the software you have was obtained legally and that you have the legal right to request this backup (oem) copy to be made. If you obtained your version though any other means, including any pirated versions, or if you do not already legally own the same version of the software requested, then you may not use this service. you also agree to hold Buysusa harmless for any damages that may occur for your failure to follow the U.S. Copyright and other laws as they pertain to the backup (OEM software) you are requesting. When you purchase any backup (oem) copy of software through Buysusa, you agree to assume full liability in the event your actions are deemed illegal. Buysusa does not condone software piracy and has every intention of complying with the laws pertaining to the duplication of software. By placing an order for software, you declare and warrant that you are provided all material on an "AS IS" basis, and Buysusa makes no representation or warranties of any kind. All title and intellectual property rights remain those of the respective content owner and any intellectual property protected by laws and treaties, without grant or rights to use, and not to copy or print. Any such documentation, serial number, activation services or material that is accompanying any software or document is provided by Buysusa only as documentation or to ease installation in the event your originals are lost, with no basis of value. The laws of the State of Florida will govern this agreement.

    1. Re:Straight from the buysusa user agreement! by PRMan · · Score: 1

      While "fine print" sounds good in theory, case history suggests that he would need to have an equal warning on the page where people were "buying" the software so there could be no confusion.

      If the average person (read: juror) believes they would have been fooled by this site, it's fraud.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    2. Re:Straight from the buysusa user agreement! by TheQuantumShift · · Score: 1

      Now we have something to point to when people ask "What's wrong with software licenses?".

      I almost wish he had gotten off due to this agreement; that would have really driven the point home. Licenses are just another way to illustrate the core of capitalism: Try to get away with whatever you can, however you can.

      --

      Shift happens. Fire it up.
    3. Re:Straight from the buysusa user agreement! by Anonymous Coward · · Score: 0

      They could at least break that UA into readable paragraphs.

  35. Re: He will get AIDS in three days. by It'sYerMam · · Score: 1

    What happens if you answer yes to that question, though?

    --
    im in ur .sig, writin ur memes.
  36. Here's one It's only 500 CDs per stack though by dieth · · Score: 0, Offtopic

    The Imation DiscStakka, I've been hoping they come out with a 1000 disc holder w/ Reader built in

    But currently each unit only holds 100 discs, which can be stacked in 5's, It comes with a nice indexing software, although the units have to eject the CD & have you put it into your computers CD or DVD rom drive as there is no built in reader.
    Here's the link http://www.imation.com/products/disc_stakka/index. html

  37. oops by dieth · · Score: 1

    posted this on the wrong article, cookies suck.

    1. Re:oops by pandrijeczko · · Score: 1
      Actually, I found it somewhat amusing. :-)

      Perhaps if the software pirate guy had stored his copied CDs a bit more optimally, he might not have been caught.

      If Slashdot introduce an "Accidentally sort of on-topic" moderation type, you will get a point from me! :-)

      --
      Gentoo Linux - another day, another USE flag.
  38. Watch out, guys from Paulista Av ! by partenon · · Score: 1

    How will they get some money for living if piracy becomes illegal in Brasil? =D

    (for those who don't know: piracy *is* illegal here, but our most famous avenue, Av. Paulista in Sao Paulo, is full of guys selling pirated software, music, etc, in the sidewalk)

    --
    ilex paraguariensis for all
    1. Re:Watch out, guys from Paulista Av ! by Quiet_Desperation · · Score: 1

      our most famous avenue, Av. Paulista in Sao Paulo, is full of guys selling pirated software, music, etc,

      Among other things...

    2. Re:Watch out, guys from Paulista Av ! by RxScram · · Score: 1

      My favorite is when I visited Thailand several years ago. I walked past several permanent stores (similar in appearance to an Electronics Boutique), with nothing but wall to wall pirated software inside. They weren't even trying to conceal the nature of their business.

    3. Re:Watch out, guys from Paulista Av ! by partenon · · Score: 1

      Piracy is totally acceptable here (as probably is on Thailand). Actually, its a shame to an individual to buy an *original* software. By doing that, you are a total loser. So, what's wrong on selling pirated software in the sidewalks of the "financial heart of south america" (as Av. Paulista is known) ? :-)

      --
      ilex paraguariensis for all
  39. Not this case by phorm · · Score: 1

    In this case, he has to pay out 4.1 million, including the liquidation of his assets including planes, car, etc.

    In the end, he might still have something left, but would it be worth the 6 years in the slammer?

    I just hope this doesn't set a precedent for non-profitable infringements such as music/software downloads, or download sampling (download, and then either erase or buy).

  40. Re: He will get AIDS in three days. by silent_artichoke · · Score: 1

    Ooh, close. The correct response is: "What happened when you answered yes to that question, though?"

  41. He could very well be selling FOSS. by Poromenos1 · · Score: 1

    Think anyone'd notice?

    --
    Send email from the afterlife! Write your e-will at Dead Man's Switch.
  42. Not really by Anonymous Coward · · Score: 0

    Except that loosing your life savings (Enron) can be physically harmful in several ways. The stress alone can cost you years. Suicide for some. No fund for a life saving surgery in a few years. End your life in a miserable, low cost, no service, retirement home (where they change your diaper only once a week).

    This being said, I fully agree with 6 years. If he sold enough to have planes , cars and all that, then this is a major case.

  43. He's got a criminal record, apparently by MyDixieWrecked · · Score: 3, Interesting

    http://www.polksheriff.org/cgi-bin/i080914?book=20 01020912

    that appears to be him... complete with mugshot and everything.

    --



    ...spike
    Ewwwwww, coconut...
    1. Re:He's got a criminal record, apparently by Mean+Variance · · Score: 1
      Child abuse.

      Inmate Name: FERRER, DANNY Release Date: 09/21/2001
      Booking Number: 2001-020912 Booking Date: 09/21/2001
      Race: W Sex: M DOB: 09/20/1968 Height: 602 Weight: 180

      Location:
      Arresting Agency: POLK COUNTY SHERIFF
      Hold: N Hold for:
      Disposition of Hold:

      Charge Number: 1
      Statute: 827.03(1C) CRUELTY TOWARD CHILD-ABUSE WITHOUT GREAT HARM
      Charge on arrest docket: CRUELTY TOWARD CHILD-AGGRAVATED
      Bond Type: SBN Bond Number: 01CC001926
      Purge Number: Purge/Bond Amount: 15,000.00
      Surety: 0.00 Cash: 0.00 Bond Exp.: SBN#2001-CC-001926 $15,000
      How Released: SBN
      Upgrade/Reduction:
    2. Re:He's got a criminal record, apparently by crabpeople · · Score: 1

      I love the little HP logo. Government databases: brought to you by HP.

      --
      I'll just use my special getting high powers one more time...
  44. Why don't you just give the thief a hug? by DougLorenz · · Score: 1

    mod parent (-1: squishy liberal bullshit)

    Crime is a gamble... When the punishment is far less severe than the potential profit, many people will feel compelled to commit the crime. If a person only gets caught for a fraction of the crimes they commit, then your silly hug-a-thug idea will only encourage people to commit more crimes, since there will be a point at which the profit from the crimes they get away with exceeds the minor "reimbursements" they have to pay when they are actually caught.

    Theft is a crime against another person. When you steal from someone, you are depriving them of something which is legitimately theirs. This asshole went and sold software that he stole, with none of the money from the sale going to the people who actually owned the software. That action costs the company money, and it costs all of the people who purchased legitimate copies of the software because they are required to pay more to make up for the pirates. The people who unknowingly purchase pirated software are harmed when they find out that they haven't received a legal copy, and are then required by law to go and purchase the software again to have a legal copy.

    If the crime is something like a guy smoking a little weed at home or paying a prostitute for a blowjob, I can understand the argument that nobody is getting hurt. However, even when the crime doesn't involve cracking someone's head open, property crimes still cause harm to others, and the criminals should be severely punished.

    --
    Slashdot, where you get modded down as redundant for stating an opposing viewpoint... Independent thought anyone?
  45. Another photo by Anonymous Coward · · Score: 0

    You can see another photo of Ferrer here:

    http://www.polksheriff.org/cgi-bin/i080914?book=20 01020912

    (Follow link: "Jail Photo")

    1. Re:Another photo by 955301 · · Score: 1

      Oh, bad news for him. Not a lot of sympathy for child abuses in jail.

      --
      You are checking your backups, aren't you?
  46. Has everone forgotten about all the suckers? by dthomas731 · · Score: 1
    Article said:

    Ferrer also was ordered to pay more than $4.1 million in restitution to software makers Adobe Systems Inc., Autodesk, and Macromedia Inc.
    What about the people that the software makers could sue for using illegal copies of the programs. Where is their restitution?
  47. Local news by Anonymous Coward · · Score: 0

    I remembered seeing this this pop up in a local news story. I did some digging and found this:

    http://www.baynews9.com/content/36/2005/10/19/1243 28.html

    You can also read about his fire truck purchase:

    http://www.baynews9.com/content/36/2005/7/17/10867 0.html

    And his escape from death:

    http://www.baynews9.com/content/36/2005/1/18/68439 .html

  48. Ok, he got what he deserved by Mycroft_514 · · Score: 1

    I think I remember someone asking about his site too. I did a reverse phone number lookup and found that his phone number was a resedience in the north end of Lakeland - less than 5 miles from my house. At that point I knew he was crooked, and told the person to stay away from the website.

    Makes me feel a lot better about that advice now.

    I wonder if he knew the guy I used to sit next to here at work - who was featured on Dateline, in Ft Myers a few months ago? You might remember him - "Generic White Male"?

    1. Re:Ok, he got what he deserved by geekoid · · Score: 1

      why does the address make it not legit? Id it a neighbor ghood where spammers hang out? Peple offering free viagra on the corners? Little old ladies begging for help to transfer millions of money left by there dead husbands?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Ok, he got what he deserved by Mycroft_514 · · Score: 1

      The area is a totally non retail neighborhood. In other words, he was selling out of his home, and the area is not the "best" area of Lakeland either.

  49. Re:8 times or 8% higher chance in prison. by nacturation · · Score: 1

    CNN had a story on the magical TV that said you are 8 times, or 8% more likely to get AIDS in prision, than you would on the street. I do not know if it was 8 times, or 8%.

    If your odds on the street are 1%, then both figures are accurate.

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  50. The best Part is: by Anonymous Coward · · Score: 0
    Ferrer also was ordered to pay more than $4.1 million in restitution to software makers Adobe Systems Inc


    His customers still have illegal copies of the software that they purchased. Which means that these software companies will get paid twice--Once in restitution, and once when the owners of the illegal software have to buy legit copies.
  51. Double standard? by cadeon · · Score: 1
    So let me get this straight.

    A small company directly disclosed what it was doing and what the consumer should expect in a User Agreement. Nobody read the agreement, what it said was fairly absurd, and as such it's considered to be fraud and the company got closed down and the owner sent to jail.

    However, when a large company creates an EULA with some absurd phrases, and puts it somewhere no one will read it, the end users get held accountable for adhering to it. Sony can (and perhaps has) go sue people for ripping their purchased CDs to both their home computer and their work computer, since that's a violation of their CD ELUA. Using that logic, the hordes of people who bought from this guy are the criminals.

    People are seeing this as a landmark case for software piracy. I think it's much more than that- it's a landmark case against insane ELUAs, which is something that needs to happen.

  52. At least he's against software piracy by TigerTime · · Score: 2, Informative
    From his Terms of Service:


    You understand that once the seal is broken on software products we will not take them back and No refund will be issued, as we have no guarantee that it or they have been removed from your computer. We will however promptly exchange defective products. This is the same policy that all software vendors have in common. You cannot buy software at a retail store and then expect a refund once you have opened it and installed it on your computer. This would be considered software piracy on your part. Buysusa does not condone software piracy and has every intention of complying with the laws pertaining to the duplication of software. So please do not ask us to break the law. All sales are final with the exception of damaged or defective goods.


    http://web.archive.org/web/20050331090113/bannedda ta.com/html/terms.htm

  53. Re: He will get AIDS in three days. by Anonymous Coward · · Score: 0

    I think what they are saying is that you are way more likely to be sodomized by an I.V. drug-user in jail
    than you are walking down the street or by picking you own sex partners. It takes less that 72 hours
    to get AIDS.

  54. Florida by misleb · · Score: 1

    What is it about Florida and con artists, spammers, religious freaks (i.e. Kent Hovind), and other shady operations anyway? Is it just me or does Florida seems to have more than its fair share of these things?

    --
    "THERE IS NO JUSTICE, THERE IS ONLY ME." -Death
    1. Re:Florida by Anonymous Coward · · Score: 0

      It's one of those states where you can't be sued out of your homestead. (Google florida homstead protection) So what you do is scam a lot of money, buy an expensive house, then when you get caught, you still get to keep and live in your expensive house.

    2. Re:Florida by misleb · · Score: 1

      Or better yet, sell it to get seed money for the next Big Con.

      --
      "THERE IS NO JUSTICE, THERE IS ONLY ME." -Death
  55. No remorse by mkiwi · · Score: 1

    I have absolutely no remorse for people who sell pirated software for money, although it would be nicer if child molestors got at least this amount of jail time too.

    1. Re:No remorse by VinB · · Score: 0

      I think you mean no sympathy. Unless you have done something we should all know about, you have no reason to show remorse.

  56. Re:Now if he was a resident of the UK... by Anonymous Coward · · Score: 0

    ...unless you are rich enough to be able to afford the services of celebrity lawyer Nick Freeman who just got Caprice (who she?) off a drink-driving charge - then you don't get to go to prison at all. A while back he got some multi-millionaire off on a technicality in a drink/drive case where a child was killed.

    Justice for all? Don't make me laugh!

    Wonder how the guy sleeps at night. Probably comfortably in a really expensive bed.

  57. NeonPrime by ClioCJS · · Score: 2

    You are an asshole and an enemy of freedom. I hope you get anally raped, and then die.

    --
    -Clio
    Karma: Bad (mostly from not giving a fuck)
    Blog: http://clintjcl.wordpress.com
  58. Nothing was "STOLEN", it was an infringement by Anonymous Coward · · Score: 0

    Nothing was "STOLEN", it was an infringement, nothing more. A victimless crime, much like mideast warring -- Let God/Ala sort them out.

    1. Re:Nothing was "STOLEN", it was an infringement by roman_mir · · Score: 1

      victimless my ass. Copyright infringement victimizes the copyright holder.

  59. OBUserfriendly by schon · · Score: 1

    Raman noodles are mostly carbohydrates and sodium.

    Read the ingredients

  60. Re:8 times or 8% higher chance in prison. by Anonymous Coward · · Score: 0

    err... 8 times anything would be 800%. If you have a 1% chance of getting AIDS on the street, and you had 8% more chance of getting it in prison, that would be 108%, or 1.08 times more likely. On the other hand, if you had 1% chance of getting AIDS on the streets, and you were 8 times more likely to get AIDS in prison, that would be 800% more likely.

  61. Re:Now if he was a resident of the UK... by Anonymous Coward · · Score: 0

    Ha, no offense - But in Germany you might even get a job at your local government after killing someone while DUI.

  62. Mod up parent by RareButSeriousSideEf · · Score: 1

    I scanned all the "beneath current threshold" posts here 'cause I knew one of them would make this point. Thanks Doc.

    What's more, I think the "pick better partners" quip skirts the issue altogether (no pun intended). Perhaps it's possible to have sexual relations only with people you know long enough, well enough & intimately enough to be fairly confident about about their future state of mind. In fact, that's a commendable way to conduct oneself. However, in this country it's not illegal to be a promiscuous fornicator with extraordinarily poor judgement; the original poster was simply pointing out that this very thing has the potential to land you in jail, and he's right. There's just no easy answer to that situation, personal responsibility included.

    1. Re:Mod up parent by arminw · · Score: 1

      ....However, in this country it's not illegal to be a promiscuous fornicator ......

      It can however be dangerous to your health (STD) or your freedom. The safest rule is: "One man, one woman, one lifetime together in marriage" If this moral law were followed, much sickness, waste of tax money and other society problems would be averted. A man happily married is not likely to go to a bar to get drunk and get into fights.

      --
      All theory is gray
    2. Re:Mod up parent by bhiestand · · Score: 1
      The safest rule is: "One man, one woman, one lifetime together in marriage" If this moral law were followed, much sickness, waste of tax money and other society problems would be averted.

      Right. And if people would quit sharing needles, engaging in dangerous activities, being mean to one another, and think only of the betterment of society much sickness, waste of tax money and other societal problems would be averted. Surely this is the society which all christians claim we should have...

      Of course, I disagree. I would never be happy with only one partner for my entire life, and I don't think I'd ever want one who would be. Your vision of America also makes the future look rather bleak for all homo and bi-sexual people, on top of all the swingers and polygamists out there.

      Personally, I'm more worried about ending violent crime, hate, and bigotry than I am about enforcing a moral code of "one man, one woman, one lifetime together in marriage".

      A man happily married is not likely to go to a bar to get drunk and get into fights.

      A happy man is not likely to go to a bar to get drunk and get into fights. Marriage has nothing to do with it. On top of that, many happily married men have gotten into bar fights. I've gone to plenty of bars to have a beer with my father. Even in christianity there's nothing immoral about going to a bar, having a beer, and playing a game of pool. I was in a bar, drinking my first beer, playing pool when a drunk came up to me and tried to pick a fight. Luckily his friends came and held him back. If I had to fight him in self-defense, I would no longer be worrying about his health. Between the two of us, which one is more likely to cause serious bodily damage? One of his friends later told me that he did this regularly and lost the fights nearly every time. Had I known that, I might've broken his jaw in an attempt to knock some sense into him.

      I certainly wasn't doing anything immoral or putting myself into a situation that should be dangerous.
      --
      SWM seeks new sig for a brief fling
    3. Re:Mod up parent by arminw · · Score: 0

      ....Right. And if people would quit sharing needles, engaging in dangerous activities, being mean to one another, and think only of the betterment of society much sickness, waste of tax money and other societal problems would be averted. Surely this is the society which all christians claim we should have.......

      If there were such a country where everybody behaved as you suggest, I and many Americans and others would move there. Then you could take your chances with all the swingers, homo and bisexuals along with murderers, rapists, thieves, robbers and other mean and nasty people.

      The first miracle Jesus did was to turn water into wine. Drinking alcohol as such is not proscribed, only getting drunk. God put alcohol and all sorts of substances here for us to use, but not to abuse. In ancient Israel there were all sorts of what we today would consider draconian laws against improper behavior, but interestingly, virtually NO laws against the mere possession of objects or substances. Today, 75% or more of prisoners, in the USA at least, directly or indirectly, are locked up because they were found to have something they are not supposed to have.

      It is interesting that out of all religions you mention christianity. The kind of society you describe, one without crime, violence, rampant disease, hatred and war is what is prophesied in the Bible. It will come after mankind comes to the brink of extermination by the WMDs that have been and are being built. Messiah will come to Earth and avert the final and complete destruction of humanity and FORCE those few who survive to obey His rules. These will include the the ten commandments and the one man, one woman, one lifetime marriage law. The remaining inhabitants of this planet will understand that there are other intelligences in the universe and rebuild our ruined, crime infested world into a beautiful place, under the gentle, yet stern rule of Jesus the God-man.

      It is well known that the best deterrence to *any* kind of lawbreaking is reduced by increasing the likelihood of getting caught, not the severity of the punishment. It will be a world where EVERY violator will be caught 100% of the time. Punishment in itself will not be severe, but sure. When you have a cop behind you, you don't do 60 in a 25mph zone. In that world, there will be no bad secrets. Anyone even thinking or planning to violate the just laws will be known and warned. People may still WANT to do wrong, but will know that there is no possibility of actually doing it without being called to account if they do it. If you harbor hatred in your mind, the object of that hate and everybody else will know it, as if it were written on your forehead with a black sharpie pen.

      The basis of all laws will be: "Love your neighbor as yourself".

      --
      All theory is gray
  63. Re:8 times or 8% higher chance in prison. by nacturation · · Score: 1

    If you have a 1% chance of getting AIDS on the street, and you had 8% more chance of getting it in prison, that would be 108%, or 1.08 times more likely.

    You're correct, Mr. AC. It appears I read it as an 8% chance rather than 8% more.

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  64. YRO? by Tim+C · · Score: 1

    He broke the law, he got caught, het got convicted, and now he's getting punished. He was a big-time guy, not one of the small fry.

    What does this have to do with my rights?

  65. Won't affect "buy cheap software" spam by billstewart · · Score: 2, Funny
    I don't know if this scammer was also a spammer, or if he relied on legitimate advertising, but he was shut down in October 2005, so apparently he's not the one I'm getting most of my software-sales spam from. (Maybe they can go bust that guy....)

    ...

    (See, there are other ways to karma-whore besides making standard jokes about in Soviet Russia, our new %s overlords ..Profit! from You :-)

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  66. Punishment and crime by Anonymous Coward · · Score: 0

    Punishment is revenge. Revenge is irrational.

    Confinement should be used as a temporary situation to teach criminals (with psychiatry) to put them selves in their victims place, or to keep society safe from dangerous individuals.

    He was born with a blank mind like the rest of us. Raised by the environment he grew up in, and the experiences he had. He is innocent by definition, but he did something wrong.

  67. Ah Money by kahrytan · · Score: 1
    Ferrer told the judge he started selling the pirated software to pay for a feeding tube for his sick wife, but "there was probably a certain amount of greed."
    It's been said that the love of money is the root of all evil. I guess Ferrer wasn't told about it.
    --
    \
    1. Re:Ah Money by Shadyman · · Score: 1

      But isn't it... "The love of evil is the root of all money"?

  68. Felony is certainly appropriate here by billstewart · · Score: 1
    The man made enough money selling ripped-off software to have to pay $4million in restitution, and while the article doesn't say exactly how much more he ripped off, that gives you an order of magnitude. If this means he has major problems getting a job, renting a house, or buying another Lamborghini, well, that seems perfectly appropriate. If he's a pariah because of his felony, it's not like he didn't earn it.

    The separate question of whether six years is an appropriate time in the slammer is harder to decide - car thieves do time even for non-violent theft of 0.1% of that much value. He stole about 40 person-years worth of salary from the companies, and he put his customers in a position where they've paid him money for software that may stop working if there's any license-validation and certainly won't get the support they thought they were paying for, so he's also ripping them off by selling them stolen property.

    Now, as an anarchist, I've got mixed feelings about "intellectual property" and "putting people in jail as revenge", but he's in no position to bitch about his sentence.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
    1. Re:Felony is certainly appropriate here by j-turkey · · Score: 1
      The man made enough money selling ripped-off software to have to pay $4million in restitution, and while the article doesn't say exactly how much more he ripped off, that gives you an order of magnitude. If this means he has major problems getting a job, renting a house, or buying another Lamborghini, well, that seems perfectly appropriate. If he's a pariah because of his felony, it's not like he didn't earn it.

      I neither argued against the felony conviction nor the sentence. I was simply arguing against the black-and-white logic of the GPP.

      --

      -Turkey

  69. Making money by AnyThingButWindows · · Score: 1

    I don't make money off the software I pirate. I have gigs of Mac software, some old windows software, and tons of DVDs, and Music, but I don't make a dime off of them. 6 years is way to much for someone to go to jail for since he didn't hurt anyone. If the guy made that much money from pirating, I say more power to him.

    In Soviet Russia, Software pirate you!

    --
    When government fears the people, there is liberty. When the people fear the government, there is tyranny. - Jefferson
  70. Software industry is evil anyway by PietjeJantje · · Score: 1

    The prices for their products are too high, and once I got a product, it still has a license and I'm limited. They are leeches of the poor programmers that try to get their art to the world. These programmers only get a small fraction of the price of the product! Copyright is sooo outdated, it was never made for this. The programmers should get out, and make a living by selling t-shirts and giving programming demonstrations for crowds of nerds. Next thing you know, the industry will go after us, plain guys, who simply share this stuff among friends, and sue us. How dare they. They make nothing, drive expensive cars, and are just the evil middleware between the people and the programmers. Freedom is what we need. I haven't even started on software protection yet! At least that will be forbidden in France!

  71. Lawsuits, lawsuits, lawsuits. by the_REAL_sam · · Score: 1

    Lawsuits, lawsuits, lawsuits. What would Jesus do?

    Matthew 6:12
    "And forgive us our debts, as we forgive our debtors."

    Matthew 5:40
    "And if any man will sue thee at the law, and take away thy coat, let him have thy cloak also."

    Matthew 6:14-15
    "For if ye forgive men their trespasses, your heavenly Father will also forgive you: But if ye forgive not men their trespasses, neither will your Father forgive your trespasses."

    --
    "Forgive us our trespasses, as we forgive those who trespass against us." -Jesus Christ The Lord's Prayer
    1. Re:Lawsuits, lawsuits, lawsuits. by Anonymous Coward · · Score: 0

      But what would God do? Pestilance, or pillar of salt?

    2. Re:Lawsuits, lawsuits, lawsuits. by WilliamSChips · · Score: 1

      Who cares what some random guy for whom there is no evidence of actual miracles says?

      --
      Please, for the good of Humanity, vote Obama.
  72. Re:Now if he was a resident of the UK... by kimvette · · Score: 1

    Here in America, they become Senators.

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  73. Are Piracy Crimes Victimless? by Anonymous Coward · · Score: 1, Insightful

    "This is roughly comparable to the discount that allofmp3.com offers on music, and many people defend their allofmp3.com use because they cannot afford to pay $1 / track."

    Clear this up for me. How can people who can afford a computer (usually a nice on), supplies (CDs, DVDs, Scanners), and a broadband connection not be able to afford music, movies, software, games, or books?

    1. Re:Are Piracy Crimes Victimless? by shark72 · · Score: 3, Insightful

      I don't normally respond to ACs, but this is a great question:

      "Clear this up for me. How can people who can afford a computer (usually a nice on), supplies (CDs, DVDs, Scanners), and a broadband connection not be able to afford music, movies, software, games, or books?"

      They can afford them, of course. They simply choose not to buy the stuff legimately.

      We humans have a great capacity for rationalization. "I use [ P2P | allofmp3.com ] because buying CDs or from the iTMS is too expensive!" removes them a bit from the implications of piracy -- you see, they have no choice, because the real deal is simply priced too high. I take a more pragmatic approach; if you'd rather keep that $1 in your pocket by using P2P, then just say that it is so.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:Are Piracy Crimes Victimless? by Overzeetop · · Score: 1

      Computers are tangible goods, and have a tangible value. Software is bits on a disc, which costs pennies to reproduce. For thousands of years, the cost of a product has been the cost to produce times a markup factor. The first copy of a piece of commercial software might cost $10M, but the next one only costs $0.15. You aren't buying the first one, right?

      Professional services are similar. How much do you think you would pay an Architect to design your new $376k home. Would you shell out $24,000 before even choosing a contractor for a stack of 20 sheets of paper? Think hard about that - nobody is going to loan you the money, you've got to take the price of a mid-level car out of your pocket to pay for 7 oz of paper, and will be worthless to just about anyone else. What if you were going to sell that $400,000 house. Would you pay someone $410,000 for that same dream house if you just got a beautiful, functional house when you signed the loan paperwork at the end? Most people would pay the extra 10k and be happy because they perceive that they got more value.

      Nontangable items carry less value. It's not about the digital age - it's been this way for thousands of years. It's just that only recently has the "thought" been separated from the "product. "

      --
      Is it just my observation, or are there way too many stupid people in the world?
  74. Criminal copyright infringement by I'm+Don+Giovanni · · Score: 1
    According to Copyright Law of the United States of America

    506. Criminal offenses:
    (a) Criminal Infringement. - Any person who infringes a copyright willfully either -

    (1) for purposes of commercial advantage or private financial gain, or

    (2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000,

    shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement.

    So the criminal threshold is $1000 worth of works in 180 days. I guess as long as you stay under that threshold, you're only liable for civil violations.
    --
    -- "I never gave these stories much credence." - HAL 9000
  75. Good-Proportion. by Anonymous Coward · · Score: 0

    Well the problem with your argument is even though we're talking about something of a digital nature. Your punishment is treating it like a physical good. If I steal something physical and sell it. It's still a one to one relationship. This isn't true of anything digital. It's one to many, multiplied at the speed of light, never bound by human limitations. The Edward R. Morrow bombing or 9/11 is the closest we have to were the few have an impact all out of proportion when speaking of something in the physical realm. Technology like the scanner, CD/DVD recorder, broadband are the commen mans equivalent of a fertilizer bomb, or a fuel-laden plane. Ready to bring down anyone producing content for sale. The nature of digital not only hides the acts done to it, but hides the consequences as well (see compromised machines. You and I see the consequences because we're the recepients of said action. How many here are content creaters who've been on the receiving end of piracy?)

  76. I was a witness in a similar case - guess what? by walterbyrd · · Score: 1

    The federal case was against Frederick Banks in Pittsberg, Pennsylvania. Banks was sentanced to 5 years.

    After the case was over, Banks harassed me, and other witnesses, constantly. He filed numerous frivilous lawsuits against the witnesses, and the arresting officers.

    Guess who paid for all those lawsuits, and appeals? Yep, the USA taxpayer. Banks is broke and in prison, the USA feels obligated to pay to have prisoners harass witnesses.

    I did not have to go to court, but I had to spend many hours filing out forms, and mailing, and faxing. The only reason I did not have to go back to court was that the USA attorney general's office petitioned the court to represent me - they did not have to do that.

    I hate to think what will happen when Banks gets out.

  77. My formula's better than yours by thegnu · · Score: 1

    It's supposed to be:

    1. Read someone else's post.
    2. Make patent joke that involves an underpants-gnomesesque step-by-step enumeration
    3. Point out how this post is infinitely recursive.
    4. Profit!

    --
    Please stop stalking me, bro.
  78. Harshity of punishment by CarpetShark · · Score: 1

    Well, the whole concept of punishment is silly anyway. How does it help to punish someone for 10 years, if they have not reformed when they leave prison? How does it help to punish someone for ten years if they repented and reformed as soon as the cops caught up with them, and now only feel the uselessness of their existence when they could instead be contributing to society again?

    The point of prison should be restoration and re-integration, not punishment.

  79. True Piracy by nurb432 · · Score: 1

    Now, this is a case of true piracy and he SHOULD be put in jail. He was profiting off the sale of copied items.

    However, this is far different then sharing some tunes for FREE.

    --
    ---- Booth was a patriot ----
  80. You got it wrong by Anonymous Coward · · Score: 0

    It is:

    1) steal underpants
    2) ...
    3) PROFIT!

  81. bootleg apps for the rest of the world by sr3d · · Score: 1

    Here is a copy of the ToS of BuyUSA I found from a forum (http://www.ehmac.ca/printthread.php?t=25083) Buysusa reserves the right to refuse any customer for any reason. You understand that in order for Buysusa to make you a copy (OEM) of any software, you acknowledge that you are the legal owner of this same software, and are looking to just make a new copy (OEM) for archival (backup) purposes only. You also agree to destroy all copies of the software in the event it is ever no longer voluntarily in your possession. You understand that only the licensed owner (with a valid serial number, where applicable) of the various software found on Buysusa may use the services located here. You also acknowledge that the software you have was obtained legally and that you have the legal right to request this backup (oem) copy to be made. If you obtained your version though any other means, including any pirated versions, or if you do not already legally own the same version of the software requested, then you may not use this service. you also agree to hold Buysusa harmless for any damages that may occur for your failure to follow the U.S. Copyright and other laws as they pertain to the backup (OEM software) you are requesting. When you purchase any backup (oem) copy of software through Buysusa, you agree to assume full liability in the event your actions are deemed illegal. Buysusa does not condone software piracy and has every intention of complying with the laws pertaining to the duplication of software. By placing an order for software, you declare and warrant that you are provided all material on an "AS IS" basis, and Buysusa makes no representation or warranties of any kind. All title and intellectual property rights remain those of the respective content owner and any intellectual property protected by laws and treaties, without grant or rights to use, and not to copy or print. Any such documentation, serial number, activation services or material that is accompanying any software or document is provided by Buysusa only as documentation or to ease installation in the event your originals are lost, with no basis of value. The laws of the State of Florida will govern this agreement. Well, you are paying to have a copy of the software you already have. Weird but people did fall for this crap (e.g. if you have the software, then what's the point of having a CD back-up?, can't you do it yourself?) Anyway, I have my backups on torrent sites as little .torrent files awaiting me to "back them up". In the end, I won't fall for this BuyUSA thing. That's for sure. Actually where I come from (Vietnam), software are 50 cents and you can have 3D Max to Office 2003 to AutoCad to Visual Studio to You-Name-It crap. We didn't call it illegal software, we called it CD which we bought that happened to have software on them (much lucks and coincidence). The sellers made 10 cents profit on the revenue of 50 cents and we "paid" 20 cents for casing/ label printing and another 20 cents for the cost of the disc. Ironically, part of the knowledge gained from the CDs-that-got-stuff-on helped thousands of software engineers in Vietnam (or any other 3rd world countries) learned about computer science and then do outsourcing jobs, producing more software for the corporations. The circle keeps repeating. I don't bash bootleg software as for 3rd world countries, it's the best thing that can happen besides you have enough food to eat for the day. But ripping off people by selling them bootleg software and buy yourself a ferarri or lamborghini or jet-fighter is just wrong. I wonder why the IRS didn't visit this guy earlier and the FPI busted him any sooner.

    --
    http://www.alexle.net
  82. IP Speed Trap by Dareth · · Score: 1

    Will small towns that have high speed fiber running thru their town be able to "sift the stream" on the Information Super Highway and make IP violation citations?

    We have an entire parish ( what we call counties in Louisiana ) that is supported entirely on speeding tickets on a State Highway. Each of about a dozen tiny towns each have a half dozen or so full time cops, chief of police, mayor and city councils members who are all paid entirely from traffic violations. Good thing is that the mayor is the traffic judge, so if you challenge, you lose and pay court cost.

    --

    I only look human.
    My mother is a halfling and my dad is an ogre, so that makes me an Ogreling