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In Mississippi: 15-Year Jail Sentence For Selling Pirated Movies and Music

New submitter patella.whack writes "A guilty plea for six counts of selling counterfeit media gets a defendant 15 years in Mississippi. An undercover reporter from the Attorney General's Intellectual Property Theft Task Force managed to buy a total of five copied movies and one music CD from the defendant, who had 10,500 pirated discs at home and two prior convictions: one for assaulting a police officer 17 years ago and one for CD piracy that got him a year under house arrest. Says the RIAA: '[This] highlights the fact that the individuals engaging in these activities are frequently serial criminals for whom IP theft is simply the most convenient and profitable way they could steal from others.' Frequently serial criminals? 15 years? I wonder how much of his sentence can be attributed to his priors rather than to other factors."

42 of 339 comments (clear)

  1. 3 strikes and he's out by Anonymous Coward · · Score: 5, Insightful

    Maybe this career criminal should have stuck to misdemeanors like bank robbery and murder; he would have received an easier sentence.

    1. Re:3 strikes and he's out by SomePgmr · · Score: 4, Insightful

      This kind of thing is ridiculous, and I'm not surprised the RIAA would say something so absurd and disgusting. But one has to wonder, wouldn't you shy away from selling pirated entertainment on physical media after your conviction and house arrest?

    2. Re:3 strikes and he's out by HarrySquatter · · Score: 4, Informative

      Easier sentence for murder? You realize that Federal punishment for second-degree murder is mandatory life imprisonment and first-degree is the death penalty or life imprisonment? Exaggerate much?

    3. Re:3 strikes and he's out by maz2331 · · Score: 4, Insightful

      I'm no fan of the *AA, but it sounds like the judge made the sentences run consecutively instead of concurrently for each count. I am sure the 10,500 copies ready for distribution had more than a little bit to do with that decision, as well as finding weapons in the posession of a felon (which the Feds might still prosecute, if the state turns over the evidence to the ATF - they could tack on another 5 years).

      And only a true idiot spends years in jail for something, and keeps on doing it, anyway.

    4. Re:3 strikes and he's out by ljaszcza · · Score: 5, Insightful

      Actually, he should have gotten a job with one of the big banks. Goldman Sachs or such. Lighter sentence yet. Rob a liquor store, get 20 years. Rob 20,000 people of $200,000 in life savings, the feds don't have a case to pursue.

    5. Re:3 strikes and he's out by Anonymous Coward · · Score: 5, Insightful

      The average penalty for rape in the U.S. is 11.8 years. OP's specifics may be wrong, but the idea's the same.

    6. Re:3 strikes and he's out by icebike · · Score: 5, Informative

      Easier sentence for murder? You realize that Federal punishment for second-degree murder is mandatory life imprisonment and first-degree is the death penalty or life imprisonment? Exaggerate much?

      Federal penalties for murder seldom apply unless you cross a state line to commit same, or kill a mailman, and not even then in most cases.
      Its a state charge, and many liberal states have you out on the street in less than 20 years, much less if their prisons are overcrowded.
      (Don't even get me started on time off fir good behavior).

      New York, Albany EDU did a study(pdf-2006) and found that 20 years (244 months) is the Average maximum sentence imposed by state courts in the US for Murder and Non-Negligent manslaughter.

      Federal District courts in 2004 sentenced people to an average maximum of 111.2 months.
      Post sentence guideline reform the federal average has increased to the state average, and then some. Figures for 2010 show an average of 23 years handed down by federal district courts.

      So I don't know where you get that mandatory Life death penalty nonsense.

      --
      Sig Battery depleted. Reverting to safe mode.
    7. Re:3 strikes and he's out by Jane+Q.+Public · · Score: 5, Insightful

      Well, hey... at least it's a story about actual piracy in the legal sense, rather than just uploading or downloading.

    8. Re:3 strikes and he's out by DM9290 · · Score: 3, Informative

      In Canada, the average for first degree murders in 2002 was 22.4 years... We are pathetic

      In Canada first degree murder carries an AUTOMATIC life sentence with NO POSSIBILITY of parole for 25 years and there is absolutely ZERO discretion in sentencing.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    9. Re:3 strikes and he's out by Jafafa+Hots · · Score: 4, Interesting

      "Assault of a police officer takes real brains..."

      Or a lying cop. Which happens. A lot.

      Trust me, I can tell you from personal experience. 1 false arrest, 1 assault on me by a cop threatening false arrest because I witnessed him do something wrong.

      --
      This space available.
    10. Re:3 strikes and he's out by hazem · · Score: 5, Insightful

      No one said he was smart. Assault of a police officer takes real brains...

      Actually, it doesn't take much to be charged with assault of a police officer. Say you're being arrested and they twirl you around to put the cuffs on you and you stumble into one of them. You've now committed assault if the officer feels like charging you with it.

      Want to take it to court? It will be you, a scumbag defendant, vs. that upstanding officer and defender of the public in his sharp uniform, with a jury that's been purged of anyone capable of critical thought.

    11. Re:3 strikes and he's out by Anonymous Coward · · Score: 4, Funny

      It's funny how people who have regular run-ins with the police ALWAYS have some story that starts with "trust me."

    12. Re:3 strikes and he's out by Taco+Cowboy · · Score: 5, Insightful

      If you assault a police officer, YOU'RE GUILTY. PERIOD.

      If the police officer said that you assaulted him , YOU'RE GUILTY. PERIOD.
       
      Ftfy.

      --
      Muchas Gracias, Señor Edward Snowden !
    13. Re:3 strikes and he's out by 0111+1110 · · Score: 5, Interesting

      Every story without direct video footage starts with trust. I was actually charged with assaulting a police officer. In the presence of 20-30 other cops. I'm just a shy, geeky, overweight, middle aged guy. I'm also extremely non-violent. The cop in question was much larger than me as well. Anyone who knows me knows that such an accusation is utterly ridiculous.

      Some people have yet to realize what real cops are actually like. This is solely due to lack of contact with them. They will not hesitate to lie in court and to falsely accuse you of many things. None of the defense attorneys I consulted were at all surprised by my story. They see it all the time. The cops commonly do such things because they can. The system lets them get away with it. They are just grown up schoolyard bullies. Sociopaths with unlimited power and not even a hint of a conscience.

      Just a bit of friendly advice for everyone: If a cop swears at you DO NOT swear back at them under any circumstances. It may seem fair, but the cop won't see it that way. You'll be lucky if you only end up in the hospital with broken bones. You may end up with brain damage. You may end up dead or in prison for many years based on false accusations.

      No matter what you say or how much more plausible your version of events may seem or how incredibly stupid the cop is nearly every judge and many juries will believe the cop's ridiculous story just because he is a cop. Many defendents aren't willing to roll the dice and take deals. That's what I did. I could poke holes in some details of the cop's bullshit story and prove those holes 100%. Prove that he lied in some details, but I could not prove my innocence. I could not prove that I did not punch him. And I didn't trust a potential lily white jury with no exposure to real life cops to decide my fate. Like you, they don't want to believe that such things really happen. So they don't. Real cops are nothing like the way they are portrayed on TV or in films. Well maybe Bad Lieutenant.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    14. Re:3 strikes and he's out by blade8086 · · Score: 5, Insightful

      The kind of thing where a repeat, professional, career criminal (aka 'organized criminal') is awarded a tough sentence for manufacturing large amounts of illegal counterfit goods for resale aka establishing his own 'criminal enterprise' ?

      What exactly is the problem here?

      Yes, I agree that some aspects of copyright law are rediculous - but this case, no.

    15. Re:3 strikes and he's out by tragedy · · Score: 3, Insightful

      Real cops are nothing like the way they are portrayed on TV or in films.

      The cops portrayed in TV and films these days seem to violate the constitution a few times per episode but are still portrayed unquestioningly as the good guys. Since it's fiction, they also have ridiculously high closure rates on their cases. They also have a ridiculously high number of "ticking time bomb" situations where such things are portrayed as necessary and right. I would be fine with it as fiction, as long as people still maintain a realistic view of police in the real world, but too many people don't seem to be able to distinguish reality from fantasy.

    16. Re:3 strikes and he's out by tragedy · · Score: 4, Insightful

      The problem is that it's completely non-violent white collar crime being treated as if it were a murder. There are some white collar crimes that can be considered to be in that ballpark, such as Bernie Madoff's giant Ponzi scheme. Of course, the scheme Madoff ran actually did lead to quite a few deaths. It seems very unlikely that the piracy scheme in this case did much more than cost the entertainment industry a relatively tiny amount of money.

    17. Re:3 strikes and he's out by Jafafa+Hots · · Score: 3, Insightful

      Charges were dropped. Because it was obvious BS. And nobody including the judge believed it, but these kinds of charges were routine.

      Sue for false arrest?

      You've been watching too much TV.
      When you're a 18 year old kid and two cops lie on the police report, you don't sue.

      You consider yourself lucky that the charges were dropped and that your lawyer only cost you $350.

      --
      This space available.
    18. Re:3 strikes and he's out by xenobyte · · Score: 5, Insightful

      Actual piracy? - Where's the peg leg, the parrot and the ship?

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    19. Re:3 strikes and he's out by Hillgiant · · Score: 3, Insightful

      All suspects are guilty. Otherwise, they would not be suspect.

      --
      -
  2. Three Strikes Laws by Anonymous Coward · · Score: 5, Informative

    These laws are dumb as shit since they make the judge irrelevant, as it takes away the courts power to hand down an appropriate sentence.

    Mississippi is a three strikes state. So this is another "20 years for jaywalking" piece of nonsense.

    1. Re:Three Strikes Laws by amiga3D · · Score: 5, Insightful

      I gotta say that if you already were busted once for selling pirate media you should be aware they're out to get you. I think it's harsh but I can't feel sorry for him. It's not like he was using it for his own viewing, he was selling it for income.

    2. Re:Three Strikes Laws by Hatta · · Score: 5, Insightful

      Three strikes laws should be thrown out as unconstitutional. If you've done your time for the first two strikes, then you've done your time. Any additional punishment for those crimes falls afoul of double jeopardy.

      --
      Give me Classic Slashdot or give me death!
    3. Re:Three Strikes Laws by Firethorn · · Score: 4, Informative

      While I agree that three strike laws shouldn't be, I don't think it runs afoul of double jeopardy and think that it, at most, would violate 'cruel and unusual'. Of course, unusual would be covered by it being state law 'impartially' applied, and 'cruel' is up to the justices of the supreme courts, state and federal.

      You see, double jeopardy is that you can't be tried twice for the [i]same[/i] crime, it doesn't mean that your past crimes can't be used to establish a pattern of behavior when sentencing for a new crime that you have duly been convicted of.

      Even without 3 strike laws, it has been traditionally been a judge's option to increase sentence for a repeat offender. 3 strikes, depending on the state, varies between allowing a judge to increase sentence even more to mandating high minimum sentences. The former is good when you get somebody who's obviously 'criminal scum' that's best kept behind bars even if the individual things he's been caught on are minimal. The latter is a tragedy when you get somebody dumb who does something like stealing a loaf of bread for the 3rd offense, or is still a drug/gambling addict*.

      *Medical condition in my view. It's certainly a more effective way to treat the problem.

      --
      I don't read AC A human right
  3. worse than rape by godrik · · Score: 4, Informative

    "Prison sentences for rape are not uniform. A study made by the U.S. Department of Justice of prison releases in 1992, involving about 80 percent of the prison population, found that the average sentence for convicted rapists was 11.8 years, while the actual time served was 5.4 years. This follows the typical pattern for violent crimes in the US, where those convicted typically serve no more than half of their sentence.[11]"

    source: wikipedia http://en.wikipedia.org/wiki/Laws_regarding_rape

  4. Yet another misleading headline. by Nutria · · Score: 5, Interesting

    It's not selling pirated movies, it's selling pirated movies on an industrial scale, which is *completely* different from sharing a dozen MP3s.

    --
    "I don't know, therefore Aliens" Wafflebox1
    1. Re:Yet another misleading headline. by taustin · · Score: 3, Informative

      Indeed. And I notice the /. summary, while it mentiones the 10,500 pirated disks they caught him with, doesn't mention the copying equipment. He was clearly in the business of piracy.

      Yeah, it's a long sentence for a white collar crime, but so was Bernie Madoff's 150 years, and many of the same people complaining this is too long complained that Madoff got off too easy.

      It's only a long sentence if you approve of the crime of commercial copyright infringement.

  5. However... by mcgrew · · Score: 5, Insightful

    I RTFA this morning. This isn't Joe Blow getting a few movies from the pirate bay, this is a counterfeiter. Copyright infringement isn't theft, but I'd say this is, as the criminal is getting the money that should have gone to the movies' producers.

    Also, the guy was imprisoned for the very same offence before, as well as going to prison for some violent crimes.

    This isn't Joe Nerd getting fifteen years for sharing movies, it's Joe Beentoprison making money off of someone else's work.

    1. Re:However... by Hatta · · Score: 4, Insightful

      All that considered the punishment is still overly severe. 15 years for non-violently misappropriating a couple thousand dollars? The amount that this person "stole" wouldn't even pay for one year of his imprisonment.

      --
      Give me Classic Slashdot or give me death!
  6. Something does not add up in the summary... by AttyBobDobalina · · Score: 3, Interesting

    Because no one would "plead guilty" in exchange for a 15 year sentence. That's not much of a plea bargain. The article mentioned seizures of weapons as well. Missouri has some form of "three strikes" law, which uses the phrase "prior and persistent offender." One wonders whether this sentence was lighter than what might have resulted had he been charged for gun possession.

  7. jailbait... by Yaa+101 · · Score: 3, Insightful

    It seems you got more chance to get a minimal sentence when you shoot your procecutor than copy a few disks.

    This sort of imbalances in the judicial system will cost the country dearly in the end.

  8. And this is why... by fuzzyfuzzyfungus · · Score: 4, Funny

    Everybody must do their part to eradicate criminal scum like this by simply torrenting their pirated media, rather than propping up the repulsive trade in physical copies sold at retail... The Swarm Needs You to fight piracy today!

  9. The right target by neghvar1 · · Score: 3, Insightful

    These are the people the RIAA, MPAA, etc. should be focusing on and suing for the large sums of money. Not the little sharer that makes no money off downloading media.

  10. Michael Jackson? by Frederic54 · · Score: 5, Insightful

    Let's say...
    Sell a CD copy of Michael Jackson : 15 years in jail
    Kill Michael Jackson : 4 years in jail

    makes sense...

    --
    "Science will win because it works." - Stephen Hawking
  11. Re:What would the sentence be: by HarrySquatter · · Score: 3, Informative

    At the Federal level, manslaughter is fines and/or up to 10 years. Rape is fines up to life imprisonment. First-degree murder is death penalty or life imprisonment and second-degree murder is life imprisonment.

  12. Re:5 years for assault by Anonymous Coward · · Score: 4, Insightful

    Actually, cops protect society, mostly from people like you.
    The penalties for assaulting them should be very severe.

    No, actually cops protect the people who have money and power.

    The have-nots are ignored by the police as much and as often as possible.

    If you think the cops are on the side of the common man you are either naive,
    or an idiot, or maybe you are a cop yourself and engaged in self-delusion.

    Plenty of cops are assholes. I've met more than a few. The job attracts people who
    have a desire to bully, and the decent people are not attracted to the job, so the very
    job itself self-selects for assholes. And fuck you if you don't agree with me, I could care less
    what some cop-loving twat "thinks".

    capcha = inequity

    The irony doesn't get any better than that.

  13. Re:5 years for assault by thomasw_lrd · · Score: 4, Insightful

    What about all the cops not caught on video abusing their authority, not lying about the facts, not comittig crimes, etc.?

    It's kinda like the IT business, for every time some guy steals all the passwords to San Francisco, there are a hundred thousand of us, that do absolutely nothing wrong.

    Of course there are bad cops, there are also bad pizza delivery drivers, bad waiters, bad soldiers, and so on and so forth.

    It's not like they are politicians or lawyers, where everyone is bad.

  14. Re:What would the sentence be: by CanHasDIY · · Score: 4, Funny

    Very carefully.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  15. Re:5 years for assault by Em+Adespoton · · Score: 4, Informative

    all of my family is in law enforcement, so i tend to agree with you. not saying there are not bad cops, i have just not met one.

    What about all those cops captured on video abusing their authority, lying about the facts, committing crimes, etc.?

    This comes under "Officers of the law, being from time to time exempt from statutes of the law, must be held to a higher standard than those who are under the law."

    On the other side of the argument:

    There are as of 2006, 683,396 full time state, city, university and college, metropolitan and non-metropolitan county, and other law enforcement officers in the United States. There are approx. 120,000 full time law enforcement personnel working for the federal government adding up to a total number of 800,000 law enforcement personnel in the U.S.

    --answers.com

    How many cases of cops abusing their authority etc. have we seen?
    http://www.policemisconduct.net/2010-q2-npmsrp-national-police-misconduct-statistical-report/
    3,240 Law enforcement officers cited in recorded police misconduct reports in first half of 2010.

    So, assuming that number is representative, we have approximately 0.8% of all police officers cited in misconduct cases per year. Note that this is *cited* meaning a complaint has been *lodged*. This means it includes unfounded complaints and misses unreported complaints. It also means that 99.2% of police officers are likely operating within their mandate, which means it's easily likely that someone who hangs out with a bunch of cops will never have met one of the "bad" ones.

    That said, being held to a higher standard and actually *being* a higher standard of human being are not the same thing. Due to the stressful type of job policing is and the personality type that gravitates toward the job, there's likely a statistically significant level of abuse that would go unnoticed in most parts of society, but is highly visible and unacceptable here.

  16. Re:5 years for assault by DeadCatX2 · · Score: 3, Insightful

    Any time a "good cop" observes a fellow police officer committing a crime and chooses to do nothing (or worse, publicly campaigns for them to be above the law), then they are no longer a "good cop".

    Here's my opinion.

    You're a cop, and you get caught breaking the law? You lose your pension.

    You know a cop broke the law, and you didn't turn him in? You lose your pension.

    You know a cop broke the law, and you *did* turn him in? You get his pension added to yours.

    Implement this system and watch how fast the cops begin policing themselves.

    --
    :(){ :|:& };:
  17. you sound like you trust the police by Zimluura · · Score: 4, Insightful

    never trust the police. in the united states their goal is to make arrests. if they start talking to you, they're trying to get you to incriminate yourself.

    http://www.youtube.com/watch?v=6wXkI4t7nuc

  18. Re:5 years for assault by nbauman · · Score: 4, Interesting

    Maybe it's my observer bias, but that figure sounds too low to me.

    Those reports are only cases that were reported in newspapers. Lots of cases don't get into the newspapers.

    Back in the 1960s, newspapers had a taboo on stories about police abuse. That came up during demonstrations against the war in Vietnam, and counter-culture issues generally. I'd go to a non-violent demonstration, get beaten up by the cops, see other people get seriously injured, pick up the newspapers the next morning, and see a report on the demonstration written exclusively from quotes from the cops, with no mention of police violence. There was a newspaper called the East Village Other that used to print photographs of cops beating up demonstrators that the regular newspapers wouldn't print.

    One reason for that was that the cops supplied reporters with news about crime, and the reporters didn't want to alienate their sources.

    The cops used to beat up black people all the time. It was only when they started beating up privileged white kids that it became an issue.

    The big change came in the 1968 Democratic Convention in Chicago, where Mayor Daley decided that the First Amendment didn't apply to people who disagreed with him. The great thing was that a lot of the out-of-town reporters -- the same guys who had been ignoring police brutality up to then -- got their own asses kicked by the cops. It was in all the national newspapers, in Life magazine, on TV. It sort of broke the taboo.

    But if you get beaten up by the cops, even if you file a complaint, and you call up a newspaper reporter to tell him about it, the chances of his doing a story about it are pretty low. A lot of these caught-on-video cases didn't make it into the newspapers until the video came out.

    Here in New York City, there was lots of police misconduct during political demonstrations -- against the Iraq war, against the Republican Convention, and now Occupy Wall Street. Now a lot of it is caught on video. They even had a high-level office, Anthony Bolognia, get caught on video spraying protesters who were obeying all the laws.

    And in my personal contact with cops on the street, I've found a lot of them to be rude, abusive bullies. I approach a cop in with a polite request, and his attitude to me is, "fuck off."

    So you get points for looking up the data. Next step -- validating the data. I think the misconduct rate is much higher.