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."
I can understand the steep financial penalty, but 6 years seems awfully harsh for a crime where no one was physically harmed.
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.
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.
"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.
http://www.polksheriff.org/cgi-bin/i080914?book=20 01020912
that appears to be him... complete with mugshot and everything.
...spike
Ewwwwww, coconut...