Another EliteTorrents Uploader Facing 10 Years in Prison
Written by enigmax on November 17, 2007The fallout from the FBI raid on EliteTorrents in 2005 continues, with a seventh defendant associated with the uploading of Star Wars Episode III facing the prospect of 10 years in prison coupled with a $500,000 fine.
Every few months it seems the FBI manages to come up with yet more people to charge in connection with Operation D-Elite - the joint ICE and FBI raids against the US-based BitTorrent tracker, EliteTorrents, in 2005.
Everyone charged so far has been accused of being involved in the uploading of Star Wars Episode III which, at the time, was a pre-release movie, carrying criminal implications for the uploaders under the Family Entertainment Copyright Act.
According to an announcement by Assistant Attorney General Alice S. Fisher of the Criminal Division and U.S. Attorney Patrick L. Meehan for the Eastern District of Pennsylvania, a seventh defendant has pleaded guilty.
An Duc Do, aged 25, of Orlando, Florida, has pleaded guilty before U.S. District Judge Legrome D. Davis of the Eastern District of Pennsylvania on a two-count felony. He’s charged with conspiracy to commit criminal copyright infringement and criminal copyright infringement.
Do is the latest in a line of people pleading guilty in this operation against EliteTorrents. Previous guilty pleas and convictions include those of Scott McCausland, Grant Stanley, Sam Kuonen and Scott D. Harvanek.
In this copyright case tried in the criminal (rather than civil) legal domain, potential punishments are harsh. Do is facing up to 10 years in prison coupled with a fine of $500,000.
He will be sentenced on February 27th, 2008.
Previously: The Pirate Bay Laser Graffiti Tribute
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256 Responses
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With all the atrocities of the US government being pulled off without anyone taking responsibility for anything, condemning people in this matter is the last proof that clearly indicates: The US of A have truly gone mad.
antother torent site owned hah
I weep in the dark for the poor people facing , losing 10 years of their life in Jail for a NON agressive, NON criminal offence. Truly the United States is Evil and corrupt beyond all reckoning. Hollywood and the bought off, Spineless US senate has criminalized
a harmless white collar crime to protect and serve corporate America’s cash flow. If their were a revolution I would give my all to end their hypocrisy and evil. The BOGUS US Senators who wear halloween masks pretending to serve the american people. They prey on our flesh, kill and rape us, falsely imprison us. I need a drink……
Very, very overpaid. My great uncle told me of a time that artists (music and the like) rarely made much more than your average person and those that did, did so because of how amazing their work was.
This string of comments has somehow become very off topic but I’ll continue with that anyway ;)
Since p2p has become so popular, my cinema visits have at least doubled in percentage. For many years it’s been the way that cam or ts versions were a very low quality against the full cinema experience I have always loved. Of course one can say that the number of downloads exceeds the number of my cinema visits but that’s only the producers’ fault for creating a crap movie. I’m regularly shoving money down their collective throats for stuff that I actually enjoy while other things get deleted before I even finished them ;)
Considering that the Star Wars Episode III movie was budgeted to 113 mio $ and has earned 850 mio $ so far this whole issue seems beyond ridiculous to me. Aside from that, the use of criminal copyright infringement in this case because of a bittorrent up/download is even more ludicrous because - to my knowledge at least - there hasn’t been any profit or financial gain for the accused. Then again, I haven’t followed the aftermath of this raid all that much.
I’m not saying that the law is bad thing and some of those cases may be just in their accusation and maybe even penalization. What galls me is how easy it is in the USA to influence political issues if you’ve only got enough money to buy … sorry of cource I meant “contribute” some politicians and their campaigns. That unfortunately goes as far as altering and making laws and starting wars, if you only think about all the oil issues.
On another, and final, note: it’s rather funny that one of the persons supporting copyright laws brought this topic up. I’m talking about bittrucker and his question of how many people would’ve actually bought his software if the pirated version wasn’t available. That’s an interesting topic for more reasons than one. Not only will very many users of pirated content never be able to really buy it because of a lack of funding but they are also some kind of quality control. Take computer games with an online multiplayer modus for example: if you don’t like the game then downloading the full game is like downloading the demo, you’ll play it and hate it and forget about it - but if you like it, you sometimes buy the game and keep playing it for weeks, months or even years. Furthermore, there is very much stuff reaching a larger population because of piracy - if you will call it free advertising. The product only has do be good enough to lure people to buy it and it may just surprise you how large that effect can be. A tiny example from a friend of mine who is developing software as well: the three months following the initial release of a cracked full version of one application showed about 15-25% higher sales than before and it wasn’t even after a recently released new version or an update.
[quote comment="216162"]Good they should lock his ass up. He knew what he was doing was wrong. I take it by these responses that there
are not many business folks posting these comments. Let you spend millions
on a movie production and some idiot comes in and shares it with the world.[/quote]
10 years in Jail and a HUGE unreasonable fine does not fit the crime. His act was not criminal. Its a white collar crime. I am sure the American people do not want to pay millions of dollars to imprison file sharers. They neither killed, raped, or really hurt anyone to warrant 10 years behind bars. I can see someone doing excessive time for aforementioned atrocities.
[quote]He knew what he was doing was wrong.[/quote]
Well, I know it’s NOT wrong, so…
[quote comment="215920"]another reason why we should nuke usa and no im not a muslim[/quote]
it’s not whole america that sux, it’s just their government and torror institutions like the RIAA :f
edit:
-america +usa
common mistake :F
[quote comment="216233"][quote]He knew what he was doing was wrong.[/quote]
Well, I know it’s NOT wrong, so…[/quote]
Charging as much as they do simply because a few will pay for it is what is really wrong.
I know that 3 other people got 5 months for their involvement in elite torrents, but for everyone after that it is stated what they could face and when they will be sentenced, but even though some have been sentenced already you never hear what it is. There was a couple of them sentenced this year I think but what they got has never been announced, any idea what happened to them, Note that he faces( not gets) 10 years, the admins faced 5 years and only got 5 months. And how many people are they going after that used the site, there was 10 search warrents executed so are there only 10 people total, or do they plan to keep prosecuting members of a dead site till the end of time.
http://www.google.com/search?hl=en&q=%22An+Duc+Do%22&btnG=Search
If you bother to search a little bit online, 10 years & $500,000 USD is the maximum possible sentence. Most likely, his sentence will be 3 years probation with a $200 USD fine. He also forfeits computer & electronics during the seizure:
1) entire 500+ CD/DVD collection,
2) XBOX,
3) computer, and
4) bunch of hard drives.
Is it possible that he’ll get 10 years in jail for this? Yes, but highly unlikely.
Is it possible that he’ll be fined $500,000 for this? Yes, but highly unlikely.
Is it possible that that I’ll be hit by lightning when I go outside tomorrow morning after a long night of doing lines of blow off of Angelina Jolie’s ass? Yes, but also highly unlikely.
[quote comment="216209"]
Spyware is spyware whether it states it does so and why or not. This is exactly the attitude that is wrong with closed software.
Perhaps you need to read my post again. What exactly has giving software away for free has to do with giving ALL your *products* away for free? That’s not what I claimed, go twist someone else’s words.
In most cases piracy isn’t eating away at anything, a downloaded copy does NOT equal a lost sale. You’re just being an ignorant cry baby.[/quote]
S: (n) spyware (computer software that obtains information from a user’s computer without the user’s knowledge or consent)
You’re continuing to completely miss the point here. I put the code in for one reason and one reason only, to get statistics on legal vs non-legal copies. Had I done this without full disclosure, yes it would have been ’spyware’.
Ok, so I read your post again. You write “Now isn’t it funny that there are loads of people (whole companies even) giving their software away for free and still make a pretty decent living off it?” - I’ll let people decide for themselves who’s the bigger idiot here. But you do come off sounding like some ignorant open-source everything hypocrite. And you definitely suggested that there are companies out there that gives away [all of their] software for free and still makes a pretty penny.
I do give away some applications for free, I charge for others. I open source some and I keep the source very secure in others. These are all conscious decicions with a lot of thought and method behind them.
At the end of the day I have to put petrol in my cars, put food on the table, pay bills and whatnot - these things are not free you know (or perhaps you don’t because your parents are still paying your way?).
If I make my money by selling MY intellectual property, either by way of a closed source secure application, open source community driven application or by me providing hourly consultations does not really make a difference here - we’re still trading in IP and the same goes for those knight-on-a-white-horse companies you mentioned above.
I’ll agree that in SOME cases piracy has no detrimental effect, but to say that in MOST cases it does not is just plain ignorant. In this case I have a DB full of proof that it obviously has had a negative impact on my earnings - with some 2852 users continually using my product without actually purchasing a (very affordable) license. Like I stated already (in my original post) though, all of those does not equal a lost sale, but some most certainly do (and yes, some have started out using the pirated version and later purchased a license - even though there are no-limit trial versions available for download).
As for being a cry baby, you think what you want, but calling me that after reading my posts clearly shows your lack of comprehension of the english language. I have in no sense of the word ‘cried’ about my lost revenue, I was simply pointing out that the good old defence “It’s a victimless crime” does not really apply.
Now, getting back to the issue at hand; I find it interesting how no-one has picked up on the fact that one of the charges against An Duc Do were “for the purpose of private financial gain, infringed the copyright of of a copyrighted work by distributing” - are you all OK with something like this? It’s one thing to share files, it’s a completely other to actively try to better your financial status by means of copyright infringement.
[quote comment="216198"]Because they’re overpaid, you moron.[/quote]
So if I thought that you were being overpaid that gives me the right to come and take away stuff you own for free?
Sure, if you’re certain the guy’s a multi millionaire film maker, you can go ahead and rip him off. But the means has to involve the internet and file sharing.
So if I thought that you were being overpaid that gives me the right to come and take away stuff you own for free?[/quote]
No. When entertainmant material is put into public distribution it was originally intended under the constitution to eventually join the public domain. This body of information and creativity is considered to be part of a common cultural and intellectual heritage, which, in general, anyone may use or exploit, whether for commercial or non-commercial purposes. Becuase of the revolution of the digital age people choose to share movies, music, and books…etc…however, imposing unrealistic, harsh punishment, mind boggling, silly fines is neither fair nor just and clearly violates a person’s human rights under the said constitution of the United states…it could be argued The amount and substantiality of the portion used in relation to the copyright protected work as a whole. So, the amount that a movie, music sale should be capped, and people should be allowed to exchange it as they wish. To impose draconian punishment invites a violation in the extreme and becomes a human rights issue. Eventually I believe fair use will see the light of day.
[quote] Like I stated already (in my original post) though, all of those does not equal a lost sale, but some most certainly do (and yes, some have started out using the pirated version and later purchased a license - even though there are no-limit trial versions available for download).[/quote]
And as I have stated, you can come to any conclusion with your statistics. How many people bought it only because they pirated it first? But you don’t see that, you see “hey, people sharing, that must be bad”.
[quote]So if I thought that you were being overpaid that gives me the right to come and take away stuff you own for free?[/quote]
We’re not taking away anything. Were copying and sharing.
What is the one thing that’s always drummed into us when we’re young kids? Sharing. I remember being told endlessly to share when I was a kid… Then we get to be adults and go to jail for it.
It’s absolutely fucked when I can go out and find some teenage girl and rape her, psychologically scarring her and causing untold trauma, and yet get a LESSER punishment than uploading fucking Revenge of the Sith.
All American’s should be ashamed as they sit back and let their utterly corrupt authorities get away with this shit.
[quote comment="215874"]
He didn’t hurt anyone?
As a software developer, I am personally “hurt” by people pirating my software.[/quote]I sure hope they will continue to do so. Your crappy software is not even worth the money you already earned.
The fact alone that money is your sole incentive for creating (or distributing) your software ensures me it will be bad coded crap, and I will not even be using it. GNU, FSF and Open Source wlll outsmart your shitty adware any day.
Basically, yes. And I can hardly wait until all them starving africans swim over and demand our donuts. Hell, with them outnumbering us 3:1, it will be a shining example for the future and a good day for global democracy.
But while it’s still a little difficult with food, most people on the Net have already realized that the paradigm shift of the information age renders payment, money and economics pretty much obsolete when it comes to binary data, simply because it multiplies so easily. It’s the rise of the NeoComms, the exact opposite of the NeoCons, who can’t be arsed to give away shit for free.
Yeah, long live NeoCommun(ity)ism!
It’s a revolution, no less, and some will dance to the beat of the drums whike others die or go to jail in the progress. The Peoples Parties of RIAA and MPAA have alreadyx lined up their lawyer-ridden tanks on our virtual Tiananmen square. Now its our choice to jump out of the way, block their progress with our own bodies or even let them squash us into immortality, like some hopeless german resistance movement, for the greater good of society.
The Battle is already raging. Now pick your side.
;-P
Get a homeless person to upload the file.
Make sure you get it on video though.
Do something nice for the homeless person.
[quote comment="216279"][quote comment="216198"]Because they’re overpaid, you moron.[/quote]
So if I thought that you were being overpaid that gives me the right to come and take away stuff you own for free?[/quote]
Actually yes. That is exactly why those writers in the US are on strike. They barely get paid for it, compared to those big fat asshole managers and CEOs and all those suits.
These are maximum sentences…. He definetly won’t get 10 years & 500k. There’s no way this will happen — he’ll probably serve 1/3rd of it and get parole.
[quote comment="215874"]
As a software developer, I am personally “hurt” by people pirating my software. Point in fact; 3 months ago I released my last commercial project to the public - retailing at $9.99 per license.
Now, in this piece of software I had included computer-fingerprinting (basically it takes your CPU ID and a few other IDs, mangles them together and sends it back to a central database of mine) specifically for the purpose of seeing what the percentage of fully paid for, legal licenses were in relation to copies. I’ll tell you what it was - 20%. Twenty friggin percent are paid for copies, with the remaining 80% being ‘pirated’ copies. Now, I have a fairly small userbase (just over 700 registered users), but it has still cost me $28491.48 in lost business. Ok, so perhaps not everyone now running a pirated copy would have paid for it, so let’s say a third would have, that’s still a net loss of just below $10000 for me personally - or, spread out over the lifetime of the project, $3165 per month.
Just to be clear, those 80% of unlicensed copies only included people running the software regularly (which in this context means at least once a week since installation). Also, the fact I did collect this information was made perfectly clear in the legalese provided with the product.[/quote]
Let’s get something clear cause your logic and interpretation have more holes than swiss cheese.
First of all you deducted that you have a loss of $28491.48 because only 20% are paid licenses. Thats wrong. You see it’s questionable what percentage of 80% users would continue using your app if they would be forced to pay. Very few from my experience.
Secondly, having people using your app is like having paid targeted advertising that is hitting exactly right market. So actual benefits, even questionable, are evident - and free of charge.
When you deduct benefits from realistically projected loses you will find that “real” loses are much much lower and if your app is really good you could end up in profit because of bigger user base and free social/viral marketing.
You obviously didn’t quite get how different internet economy/marketing is compared to anything we know from real world.
Lastly answer me this… if something can be multiplied infinite number of times with basically no cost whatsoever, then once fixed costs are paid off and variable costs practically does not exist, how do you determine the price for it? Does the price change with number of sold licenses?
What you’re doing is applying real world economic model where resources are limited on virtual economic model where resources are practically infinite. That, my friend, needs to change.
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