Slashdot Mirror
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."
He should've just wiped his hard drive, and presto! no evidence. Oh, wait...
I can understand the steep financial penalty, but 6 years seems awfully harsh for a crime where no one was physically harmed.
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.
He was charging suckers for this pirate software and not even providing the courtesy of an nfo.
Good riddance.
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
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.
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).
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
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.
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
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.
I Am My Own Worst Enemy
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.'"
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
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?
/disgusted with the whole system
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.
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.
http://www.polksheriff.org/cgi-bin/i080914?book=20 01020912
that appears to be him... complete with mugshot and everything.
...spike
Ewwwwww, coconut...
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/bannedd
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
...
(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
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.