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X-Men Origins Pirate Draws a 1-Year Sentence

An anonymous reader writes with this excerpt from geek.com: "In 2009, a copy of X-Men Origins: Wolverine found its way on to Megaupload a month before it was due to appear in movie theaters. The so-called 'workprint' copy was unfinished — so unfinished in fact, anyone viewing this copy saw green screens and wires attached to actors used to help with the more acrobatic movements during action scenes. Hugh Jackman even commented on the leak, describing it as like getting a 'Ferrari without a paint job.' The person who decided to share the movie illegally was tracked down, however. He is a 49-year-old New Yorker by the name of Gilberto Sanchez, and he's just been prosecuted." The New York Times' 2010 interview with Sanchez is a good read, too.

44 of 341 comments (clear)

  1. lesson learned, don't upload stolen movies by alen · · Score: 3, Insightful

    not like he was ripping DVD's to play on his ipod or iphone because the digital copy thing for blu ray is a scam. not like he only watched the stolen copy in his home. he uploaded it so it could be downloaded by others

    1. Re:lesson learned, don't upload stolen movies by Anonymous+Brave+Guy · · Score: 5, Insightful

      I think the punishment here is perhaps disproportionate, but I agree with the sentiment. It's far better to go after the people who knowingly share things with widespread audiences than anyone else in the infringement set-up.

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    2. Re:lesson learned, don't upload stolen movies by SJHillman · · Score: 4, Interesting

      So the question becomes... why does a guy that intentionally uploaded this for others, a month before the movie comes out (where I would expect the studio to make a huge chunk of its profit on the movie) only get a year in prison when someone who accidentally shares a few crappy songs gets a financial punishment that makes a year in prison look quite tame?

    3. Re:lesson learned, don't upload stolen movies by DaveV1.0 · · Score: 5, Insightful

      You do know that he can still be sued by the studios for copyright infringement, right? This was a criminal action. The studio can still take civil action against him if it so desires.

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    4. Re:lesson learned, don't upload stolen movies by girlintraining · · Score: 3, Insightful

      So the question becomes... why does a guy that intentionally uploaded this for others, a month before the movie comes out (where I would expect the studio to make a huge chunk of its profit on the movie) only get a year in prison when someone who accidentally shares a few crappy songs gets a financial punishment that makes a year in prison look quite tame?

      Judges often don't have leeway in sentencing; Whether it's a "crappy" song or a pre-release of a highly-anticipated motion picture, the law says the punishment is the same. Don't blame the judges for the seemingly random or harsh sentencing... blame the politicians. I mean, I can come over to your house and beat the snot out of you on the way in to work with my bare hands and get less time than this guy did for posting some crappy "work print" movie. Which crime do you think is worse? Worse, downloading that same crappy movie can cause civil penalties far in excess of what I would get if I broke into your house and did something horrible to you (use your imagination)...

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    5. Re:lesson learned, don't upload stolen movies by trdrstv · · Score: 4, Funny

      I think the punishment here is perhaps disproportionate, but I agree with the sentiment.

      It could of been worse. He could of been forced to watch the movie repeatedly through his 1 year sentence; thankfully the 8th amendment prevents that.

    6. Re:lesson learned, don't upload stolen movies by jedidiah · · Score: 4, Insightful

      > Whether it's a "crappy" song or a pre-release of a highly-anticipated motion picture, the law says the punishment is the same.

      No. Usually not. The law and judges actually have a wide degree of leeway. They have it because typically no two sets of facts are quite alike and they can be often quite different.

      The judge could have suspended the sentence entirely.

      The judge isn't just an automaton despite the fact that some people like to pretend that they are or should be.

      The ability to adapt to different circumstances is actually a good thing.

      --
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    7. Re:lesson learned, don't upload stolen movies by Mitreya · · Score: 4, Insightful
      lesson learned, don't upload stolen movies ... he uploaded it so it could be downloaded by others

      There is one more lesson we have learned. The world is full of assholes who seem to agree with this punishment!
      So you do think that 1 year in federal prison after being hunted by FBI is an appropriate punishment for buying a bootleg movie and uploading it? Really? If he at least stole the copy during his employment - there would be a breach of trust/contract violation (why, yes, I read TFA). But he bought and uploaded a bootleg movie.
      Only in a cruel asshole world is 1 year in prison plus another year of limited computer access an appropriate punishment for uploading/sharing a movie he didn't even steal. We can argue about some fines (he's not right or anything), but the punishment is very clearly out of proportion. And those cheering it on are part of the problem!

    8. Re:lesson learned, don't upload stolen movies by Ravon+Rodriguez · · Score: 3, Insightful

      If that's true, then it's one of the biggest perversions of justice I've seen in a long time; I'm not a lawyer, and I realize double jeopardy laws may not cross over from civil to criminal cases, but it's ridiculous to be able to send somebody to jail for stealing your imaginary property, and then be able to sue in another court for the same reason.

      --
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    9. Re:lesson learned, don't upload stolen movies by YrWrstNtmr · · Score: 5, Funny

      It could of been worse. He could of been forced to watch the movie repeatedly through his 1 year sentence; thankfully the 8th amendment prevents that.

      Similarly, he could have been forced to read your tortured sentence structure repeatedly.

    10. Re:lesson learned, don't upload stolen movies by jd2112 · · Score: 4, Funny

      Just one year? The studios lost TRILLIONS of dollars due this guy. If he hadn't released the unfinished film they would have been able to finish the film properly and would have been the greatest and most successful film of ALL TIME! Instead they had to cut their losses and release a half-assed attempt of a movie. It's all HIS fault!!!

      --
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    11. Re:lesson learned, don't upload stolen movies by Moryath · · Score: 3, Interesting

      Actually, going after the Korean DVD vendor would be a better place to start. He's actually making a profit from criminal activity.

      Going after the warehouse that's making the DVDs the Korean is selling is an even BETTER proposal. Hell, we have DVD Sniffing Dogs to check cargo containers for undeclared shipments of bootleg DVDs that come from overseas (china, mostly).

      Meanwhile, go to Hong Kong or most places in South America (Brazil's particularly bad for it) and you won't find a single legitimate console or game in stores. What you will find is a shop where they sell you a modchipped console, then you bring a box to the guy at the counter who nods, goes into the back, and comes back 5 minutes later with a burned copy of whatever disc you indicated; if it's a PC disc, there'll probably be a no-cd crack included on the disc. When the local government shuts these guys down, you can be sure that it's not because they broke the law, but because they didn't make their bribery payments to the right guy on time.

    12. Re:lesson learned, don't upload stolen movies by Mordok-DestroyerOfWo · · Score: 5, Insightful

      There were also laws in the books prohibiting alcohol, interracial marriages, and homosexuality. Not every illegal action is unethical, and not every unethical act is illegal.

      --
      "Never let your sense of morals prevent you from doing what is right" - Salvor Hardin
    13. Re:lesson learned, don't upload stolen movies by cpt+kangarooski · · Score: 4, Insightful

      It is true. The two OJ trials are a well known example. It makes sense because punishing criminals is about some combination of protecting society, rehabilitation, and retribution. It isn't about trying to cure harm caused to the actual victim; whether the victim wants to try that, and whether he'll succeed is up to him, and occurs in a civil trial, and those are all about curing harms (usually via money, for lack of better alternatives).

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  2. how much will this cost US by Anonymous Coward · · Score: 5, Insightful

    Sooo, instead of imposing a fine, we'll let the taxpayer foot the bill for a year's incarceration. Brilliant.

    1. Re:how much will this cost US by cduffy · · Score: 4, Interesting

      "Out in a couple of months"? Maybe not.

      For Texas, at least, it would have to be a year and a day to be eligible for parole; a year bare is actually the harsher sentence.

  3. Re:Federal pound-me-in-the-ass prison by zill · · Score: 4, Interesting

    Except, of course, those convicted of sodomy charges. There's the Federal no-ass-pounding prison for that.

    Jokes aside, it's interesting how among all the different types of intellectual property, only copyright is settled in criminal courts.

  4. Re:Ferrari without a paint job by mark_elf · · Score: 5, Funny

    If only you had been there, he would be a free man today. In fact, the film probably was better without all that sterile, fake looking animation.

  5. They ignore the commercial pirate? by Anonymous Coward · · Score: 5, Informative

    TFA says the jailed guy got the movie on DVD for $5 from some guy in a Chinese restaurant. So the movie was already in commercial, pirate distribution on DVD and the feds did nothing about that. Instead they went after the movie buff who uploaded the DVD for no commercial gain. This sounds more like the usual "war against the internet" than "going after the right person" as the articles propagandistically pretend.

    1. Re:They ignore the commercial pirate? by Pope · · Score: 4, Informative

      Two weeks later, the F.B.I. showed up, having tracked “SkillyGilly” through computer footprints. Mr. Sanchez said he explained what had happened. “Talk to the Korean,” he said he told them. “You keep following leads and you’ll get to a warehouse.” But when the F.B.I. asked if he could identify the peddler, he said no.

      Reading is fundamental

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    2. Re:They ignore the commercial pirate? by TheSpoom · · Score: 3, Insightful

      They're prosecuting the low-hanging fruit. It doesn't matter if he didn't cause as much financial harm, he's easy to prosecute and makes a great example.

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  6. Hrmm, seems the OP is slighty incorrect by SGDarkKnight · · Score: 4, Informative

    "The person who decided to share the movie illegally was tracked down"

    Well, not exactly... the person who first uploaded it was tracked down, not the person who first stole it, copy it, and give it to the Koreans to sell on the street.

    Seems the person to first share it is still out there...

    --

    ...A no smoking section in a restaurant is like having a no peeing section in a swimming pool...
  7. Re:Federal pound-me-in-the-ass prison by sed+quid+in+infernos · · Score: 5, Informative

    it's interesting how among all the different types of intellectual property, only copyright is settled in criminal courts.

    There are criminal offenses defined under trademark law, too.

  8. Re:Federal pound-me-in-the-ass prison by gstoddart · · Score: 5, Insightful

    Jokes aside, it's interesting how among all the different types of intellectual property, only copyright is settled in criminal courts.

    And are policed by the FBI and ICE and Homeland Security ... pretty sweet deal, make the government responsible for policing your profits, and at their expense.

    The police (and the government) now officially work for the corporations. It's amazing the laws you can buy.

    --
    Lost at C:>. Found at C.
  9. obligatory by nEoN+nOoDlE · · Score: 5, Insightful

    Here's the obligatory proportions post. How many people have been arrested for the housing market crash thus far? How much monetary damage did those people actually do in comparison to this guy?... yeah.

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    Don't trust a bull's horn, a doberman's tooth, a runaway horse or me.
  10. Re:Ferrari without a paint job by nschubach · · Score: 5, Insightful

    I don't think it matters. The movie butchered so many comic book back stories that it was incredibly painful to watch even after "the paint was applied."

    I wouldn't call it a Ferrari either. Maybe a Pinto without a paint job.

    --
    Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
  11. Re:Problem with the analogy.. by AngryDeuce · · Score: 4, Interesting

    At least watching the workprint made it fun: "Claws Grow".

    Hell yeah! I found the workprint to be far more entertaining than the finished film as well. I watched it at least 3 times and laughed my ass off every single time. Remember the plane crash? "EXPLOSION!!!" The part when Wolverine gets hit by the Big Rig was great, too.

    I wish more studios would include workprints and stuff like that on their legitimate DVD/BD releases. The process of making a movie is often times far more fascinating to me than the movie itself.

  12. Still the Wrong Guy by Sir+Realist · · Score: 4, Insightful

    Look, I don't really follow the Slashdot party line on this one; I think stealing from artists you respect is stupid, because they won't make you more stuff. And Sanchez was an idiot for uploading this thing from the illegal pirated copy he bought. But his punishment does seem disproportionate, and they still got the wrong guy.

    This guy bought stolen goods, and made illegal copies of copyrighted materials. Somebody, somewhere, actually stole the proof from the studio. That is the real crime they should be punishing if they want to stop pre-release pirates. And I won't even bother to point out how effortlessly easy it would be to track copies and identify leaks in this technical audience, because I'm sure you can all come up with half-a-dozen schemes yourselves. If the studios can't be bothered to prevent the leaks or identify and punish the leakers in the first place, why should we care what happens to the leaked materials?

    1. Re:Still the Wrong Guy by Imagix · · Score: 3, Insightful

      I disagree. I think they got one of the right guys. (Note "one of", not "the" right guy). I don't think anybody could reasonably expect that the guy was dealing with an above-the-board transaction. This guy was willfully distributing stuff the he knew (or any reasonable person would have known) wasn't legit.

  13. Possibly worth noting; by grasshoppa · · Score: 4, Insightful

    It's possibly worth noting that that version was actually more interesting than the final cut.

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  14. Motherfucker Jones did a dime for this you know by slashdotresearch_mj · · Score: 3, Informative

    Also has anyone else ever seen when the police do a "raid" on the bootleg dvd sellers on Canal Street in NYC? I've seen it happen a few times and the police move as slowly as possible, it seems to allow everyone time to pack up all their shit and escape. Sometimes enough time for people to pack up entire carts and run down the street with them. Not exactly a possibility for this dude, clearly. No idea what the sentence time is for someone caught with pirated material in real life is compared to online possession/distribution, or maybe it's the same?

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  15. Re:Ferrari without a paint job by ifiwereasculptor · · Score: 4, Funny

    The movie butchered so many comic book back stories that it was incredibly painful to watch even after "the paint was applied."

    Tell me about it. Not only this guy, but every distributor of that crap should be jailed for unleashing such an atrocity. I saw it on TV and still felt like demanding my money back.

  16. Re:Federal pound-me-in-the-ass prison by sconeu · · Score: 4, Funny

    And they all moved away from him over on the Group W bench....

    --
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  17. Re:Federal pound-me-in-the-ass prison by PortHaven · · Score: 3, Insightful

    Thank it's not a person, and shouldn't have the rights of one.

  18. doesn't fit the crime by spirit_fingers · · Score: 4, Interesting

    I know what the law says, and I know that he broke the law. But consider this: there was no provable financial harm to the producers of the film. No one was hurt. No one was deprived of anything. Yet, this guy is deprived of his freedom for one year and earns a permanent criminal record. This was a classic victimless crime and I would argue that that makes it no crime at all.

  19. Re:Problem with the analogy.. by DreadPiratePizz · · Score: 4, Interesting

    I find it interesting that you would be more interested in the process than the narrative itself. I remember a time when people went to films to be lost and engrossed. A noticeable special effect was a bad thing which took you out of the film. Now, it seems people WANT to see outrageous effects which call attention to themselves. I'm guessing it's because the narrative of many films simply does not grab an audience any more, so there's really nothing to take you out of.

  20. To put this in perspective (Why America is DEAD!) by PortHaven · · Score: 5, Insightful

    Recently, a Social Security employee was robbed and shot. The shooter, recently released from prison after 9 months "time-served" of a 10 year sentence for armed robbery.

    So armed robbery, and you can be out in less than a year. Upload an unfinished video of a film and it's a year in prison.

    The avg person's well being is meaningless to the Law. But the profits of a stealing mega-corporation, now that the Law is concerned with.

    There is a point where the Sheriff is corrupt, and his badge is nothing more than a bully pulpit.

  21. Re:Ferrari without a paint job by ProppaT · · Score: 3, Insightful

    Don't worry, that was an typo on the editor's part. I clearly remember Hugh Jackman describing it like getting a "Fiero without a paint job."

    --
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  22. Bad analogy by Opportunist · · Score: 3, Insightful

    It's more like having a Ferrari with every kind of shielding stripped so you actually get to see how the valves work and how the transmission shifts.

    Personally, I'd almost say that "working copy" is more interesting than the finished movie. But that's the geek in me, I don't like magicians for the same reason: I wanna know how stuff works!

    --
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  23. Re:Problem with the analogy.. by varmittang · · Score: 3, Insightful

    Hey, sounded like you were entertained by it. So, you paid them a few dollars for the hard work they did, right?

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  24. Re:Ferrari without a paint job by modecx · · Score: 4, Informative

    Indeed, if you ever get a chance look up close at a Ferrari F40, it has paint, but just barely enough to make it look Ferrari red from a distance.

    The paint is thin and nearly translucent as it is opaque, so it adds the least possible weight. You can see the carbon fiber/nomex/kevlar weave right through it; it's also notoriously easy to scuff, and difficult to polish. The paint job wouldn't be close to acceptable on a factory Kia, but people paid for what is basically a street legal thoroughbred race machine, and shaving a few pounds of paint off makes it go faster, you know.

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  25. Re:Ferrari without a paint job by hal2814 · · Score: 4, Funny

    At least your favorite Marvel character isn't Deadpool. If that were a decent Deadpool adaptation, then his Common Sense would've started tingling and he would've gotten the hell out of that shitty excuse for a movie.

  26. Re:Federal pound-me-in-the-ass prison by CohibaVancouver · · Score: 4, Informative

    His first mistake (after, of course, uploading the movie) was in not demanding a lawyer present for all interrogations

    This is a common misunderstanding.

    A lawyer is necessary when you've been charged with a crime and you're going in front of a judge.

    You don't need one when you're being interrogated (i.e. before you've been charged). All you need to do is BE SILENT. Do not talk to anyone. Don't say anything.

    "Did you upload this movie?" silence.
    "Is this your computer?" silence
    "If you cooperate we'll make it easier on you." silence

    If you do have a lawyer during an interrogation, all he will do is tell you to keep silent.

  27. Re:Ferrari without a paint job by Grishnakh · · Score: 4, Insightful

    A movie doesn't have to be "pure" (or true) to the comics, it just has to be good. The X-Men movies directed by Bryan Singer were good. After he left, they took a nosedive.