DoD Warez Leader Faces 10 Years in Jail

An anonymous reader writes "After spending nearly 3 years in a detention center fighting his extradition from Australia, a leader of notorious warez group 'DrinkorDie' was yesterday arraigned before a U.S. District Court to face charges of conspiracy to commit criminal copyright infringement and one count of actual criminal copyright infringement. If found guilty he faces 10 years in jail & a $500,000 fine."

Comments

Re:MAFIAA gets their way

[Beryllium Sphere(tm)]

Or compare to average sentences for violent crimes such as rape and kidnapping.

They Never Profited ..

[Pavan_Gupta]

However, its is worth noting that it has never been proven that any member of DoD profited financially from their activities. Indeed, at the trial of other DoD members in the UK in May 2005, Bruce Houlder QC, prosecuting, said he acknowledged that the defendants were not involved in the software piracy scene to make money but rather they saw themselves as latter-day Robin Hoods, stealing from the rich to give to the poor.

For many in the warez scene and beyond, this is how DoD will be remembered. Yes, I know this doesn't absolve them of their sins... well, I could envision someone making a reasonable argument about how the world isn't on a level playing field and these guys were helping to level things for those that couldn't afford to be recognized... but I digress. I just thought it was worth recognizing that there is something to be said about these characters that isn't completely negative.

Re:If memory serves

[Whatsitmatter]

Yes except all the people from the groups that've been convicted and gone to prison go to Minimum Security federal prison. In short they can walk off the prison property (in other words, not ass pounding prison) if they like but they automatically get 5 years tacked on to their sentence. That part I know for sure. I'd assume they then get moved up to a stricter prison if they do do that, but that I part I'm only speculating on.

Re:If memory serves

[Broken scope]

Well I was trying to make a really lame office space joke, but I guess i mangled it that badly.

Re: DoD on Wikipedia

[senatorpjt]

The DoD network primarily consisted of university undergraduates, but was supported by software company employees, who would leak copies of software and other digital media. DoD also received such files indirectly, from other networks.

That line kind of caught me off guard, considering how I always hear them whining about how piracy is stealing the bread out of the mouths of their starving children...

Re:Why the US

[pryonic]

I couldn't agree more. I'm a Brit and our Government has recently ratified an extradition treaty with the USA. It's meant to be a mutual two way thing to help prevent everyone's favourite buzzword terrorism. Except the USA didn't ratify the bill, it's still pending. The USA has extradited a number of UK citizens (including a computer hacker)using the UK ratified treaty, but we can't extradite the USA citizens who we suspect of supporting the IRA (who commited terrorist acts on the British mainland) who SHOULD stand trial.

The hypocrasy and general one sided "we're the best, do as we say not as we do" attitude of the US Government stinks to high heaven, and the UK Government really needs to grow a pair and stand up to the one sided "special relationship" we supposeldly have with the USA.

Re:Is it a mandatory minimum?

[secolactico]

He was sentenced to 100 years, but will be eligible for parole in 10 in exchange for his testimony against the other 3 soldiers charged.

I don't know if there were attenuating circumstances (can't think of one for rape and killing for cover up), but they should all be left to rot in jail.

Re:If memory serves

[GIL_Dude]

I have a brother-in-law who spent a couple of years in a prison for transporting drugs across state lines. They might as well have dispossessed him of all future earnings as almost nobody will hire people who spent time in prison. He's really had a hard time getting any earnings in the 7 or so years since being out. He had no problem getting work before that. I've heard that others have similar trouble. It seems that whether they just attach all future earnings or lock you up to "do time", you lose most of your earnings potential either way.

Re:Its interesting to think about this...

[grantsellis]

IANAL, just a law student, but this is just retarded.

1 - you cannot help someone break the law if the act is committed without your presence.

Cough. Accomplice? Aiding and abetting? Cough.

2 - Telling someone how to break the law is not an illegal act.

Um, yes, it can be. There are limitations on first amendment rights. See Chaplinsky v. New Hampshire (words causing immediate breach of peace illegal), for instance.

3 - Even if you send them the file sharing program, you did not commit the act.

Sounding like a broken record, I know, but this could be aiding and abetting (see above for definition).

4 - If you complain to the police that someone stole your paper bag of money containing $50,000 dollars that you left on some street corner, they will laugh at you and tell you that you are stupid.

Oh, brilliant . You know what the equivalent of locking up movie files is, right? You just made the argument for DRM.

5 - Theft of copyright is not possible, the premise is theft of 'presumed' revenues. There is no proof that any 'illegal' activity caused known damage to revenues in a quantitative way.

Looking at the news article tells you he's charged with Criminal copyright infringement and conspiracy , not theft.

The rest of the list has similar flaws, but my patience is at an end. :)