In September 2006, Scott pleaded guilty to two charges – ‘conspiracy to commit copyright infringement’ and ‘criminal copyright infringement’. For his ‘crime’, Scott was sentenced to 5 months in jail and 5 months home confinement but his release didn’t mean his life was back to normal.

After his release in 2007, Scott was fitted with a monitoring ankle bracelet which restricted his freedom, but the government hadn’t finished limiting his life. Scott had to have special software installed on his computer to monitor his online activities, but since it was Windows only, he had to give up his beloved Ubuntu.

In the months that followed, Scott publicly shared details via his blog of his struggle to come to terms with his severe treatment for uploading a single movie, which at times made pretty upsetting reading. Thankfully his nightmare is now coming to an end.

It has been around 3 weeks since Scott was taken off the US government’s monitor list, which means that he is no longer on probation. Scott says things have been pretty good since and he can now do things we all take for granted – like being able to use Ubuntu instead of Windows.

TorrentFreak caught up with Scott who said he was happy to send a message to his friends and readers here to mark his official freedom.

“I have officially been off probation since July 12th. What a great feeling to finally be free from the clutches of evil (or the federal government). It was actually a really easy time on probation. It was 2 years, dealing once a month with my probation officer… who was really a great person,” he told us.

For those of us who remember the exact time and date of the EliteTorrents raid, it seems like only yesterday, but so much has happened since and as Scott puts it, his freedom has been a long time coming.

“I haven’t had a clear head since May 25th, 2005. Over 4 years of what I would call the worst period of my life is over,” he recalls.

But in the end the release from the nightmare comes from Scott himself and he is certainly trying to make the best of things now.

“I have been focusing a lot of time on my family. We bought a house in November, while I was still on home confinement. I am working at a local college, dealing with ERP implementations, specifically Oracle, and I am still actively participating in Brazilian Jiu-Jitsu, and MMA,” he told TorrentFreak.

As if these things won’t keep Scott busy enough, he’s looking forward to a brighter future and a very special occasion.

“I will be hopefully starting back to school for my MBA in the spring. And I am getting married in May 2010. Aside from the economy, I couldn’t ask for anything more.”

Scott told us that he felt his story is probably no longer worthy of news, so he will take this opportunity to move back into the shadows to get on with his new lease of life.

“This will be the last time most of you hear from me – although there is sk0t.com. The good majority of you have been really supportive… so thank you all for caring, and for
those of you who didn’t care… thanks also.”

I’m sure that the readers will join us in wishing Scott all the best for the future and every happiness in his forthcoming marriage. Good luck Scott.

Article from: TorrentFreak, check out our new blog at FreakBits.

Duc Do, was found guilty of uploading the movies Harry Potter and the Prisoner of Azkaban, The Flight of the Phoenix and King Arthur to a seedbox, for the benefit of the site’s members

Unlike previous defendants Scott McCausland and Grant Stanley, Duc Do escapes a jail sentence. Instead, after pleading guilty to conspiracy and copyright infringement charges, the former Drexel University student was given 3 years probation, a $15,000 fine and 400 hours of community service.

According to prosecutor Floyd Miller, Duc Do wasn’t as dedicated as other uploaders on Elite: “They threatened to kick him out of the organization because he wasn’t uploading as much as some of the other pirates were doing,” he said.

However, despite escaping jail, the future doesn’t look immediately bright for Duc Do. After getting a degree in computer science from Drexel University, he later landed a job at the worlds largest defense contractor, Lockheed Martin, developing military war-games. This conviction means that Duc Do will have to resign from his job.

Other convictions in the case include those of Daniel Dove who was recently jailed for 18 months. Site admin Grant Stanley, then aged 23, pleaded guilty to the same offenses as Scott and received the same sentence and a $3,000 fine. Other admins and uploaders who also pleaded guilty include Sam Kuonen, then aged 24, and 22 year old Scott D. Harvanek.

Article from: TorrentFreak, check out our new blog at FreakBits.

Daniel Dove, one of the arrested administrators of the Elitetorrents tracker initially opted for a ‘not guilty’ plea, but his gamble didn’t pay off. The jury was told that Dove was responsible for managing and recruiting the crucial ‘uploaders’ on the site (original seeders) and that he also operated a server which was used to distribute pirate material.

The jury believed this version of events and found Dove guilty on one count each of conspiracy and felony copyright infringement. Today, Dove has was sentenced to 18 months in prison, three years of supervised release and a $20,000 fine.

Dove is the only administrator of Elitetorrents to plead “not guilty”. In 2006, Scott McCausland pleaded guilty to one count of conspiracy to commit criminal copyright infringement and one count of criminal copyright infringement for his uploading of Star Wars: Episode III.

McCausland received jail time and home confinement and on his release told TorrentFreak: “After 5 months in prison, and another 5 months on home confinement, I have just one obstacle left: my 1.5 years left of probation.”

Fellow site admin Grant Stanley, then aged 23, pleaded guilty to the same offenses as Scott and received the same sentence with the addition of a $3,000 fine. Other admins and uploaders who pleaded guilty include Sam Kuonen, then aged 24, 22 year old Scott D. Harvanek and An Duc Do, aged 25.

Dove’s sentence is the eighth resulting from Operation D-Elite but this federal crackdown didn’t end up causing a decrease in overall private BitTorrent tracker availability. Instead, soon after the raids the Elitetorrents members spread out to other trackers, the major difference is that most of them are now hosted outside the US.

Article from: TorrentFreak, check out our new blog at FreakBits.

The page was so crude that it gave the tens of thousands of worried users a little relief – if the FBI was really behind the shutdown they would’ve made a better job of the page design than this, surely? The conclusion I reached along with many others was that this was the work of hackers. Site staff reported that the DNS had been hacked, which at the time was actually relatively good news, as reports started to come in that the site now traced to the Department of Homeland Security.

For many sci-fi fans the site downtime was really badly timed, as they (and just about everyone else) were desperate to get on the site to get the leaked ‘ViSA‘ workprint copy of Star Wars: Episode III. But as time passed you could feel the mood change. Most people knew deep down something was wrong but just didn’t want to admit it. Operation D-Elite had been and now EliteTorrents was gone.

When the confirmation came, it did so via a notice in the site’s IRC channel: “A few of the admins have been raided by the FBI, sorry, but ET [EliteTorrents] is now closed”, closely followed by an announcement by Acting Assistant Attorney General John C. Richter of the Criminal Division, Homeland Security Assistant Secretary for Immigration and Customs Enforcement Michael J. Garcia, and Assistant Director Louis M. Reigel of the FBI’s Cyber Division:

This morning, agents of the FBI and U.S. Immigration and Customs Enforcement (ICE) executed 10 search warrants across the United States against leading members of a technologically sophisticated P2P network known as Elite Torrents. Employing technology known as BitTorrent, the Elite Torrents network attracted more than 133,000 members and, in the last four months, allegedly facilitated the illegal distribution of more than 17,800 titles – including movies and software – which were downloaded 2.1 million times.

BitTorrent sites had been shut down before in the United States, such as the LokiTorrent case, but none had been closed down by the FBI – something had changed. The recently introduced Family Entertainment and Copyright Act meant that when EliteTorrents admin Sk0t uploaded Star Wars: Episode III, he didn’t just commit a civil infringement, it was now a serious crime. The huge popularity of the movie meant it was downloaded at least 10,000 times during the first 24 hours with some claiming in the region of 20,000 downloads worldwide, and this was reportedly enough for the MPAA to finally lose its patience and make good on its successful infiltration of the site.

The federal agents involved in the case executed 10 warrants and took control of the server. In a recent interview, Scott McCausland, aka sk0t, an administrator of the site told Slyck: “Star Wars was uploaded… and then it was game over. I awoke one morning to see the FBI warning on the ET site, and thought to myself “Damn, I think we are screwed.” It didn’t dawn on me at the time that I could be a target. I didn’t upload a lot, just a couple movies. But I did Star Wars, so… Then, at 6AM I am woken up to the sounds of 6 FBI, 6 ICE, and 2 Local Police at my front door. They come in, confiscate everything, and that begins my 2+ years saga.”

In the BitTorrent community many people were absolutely furious at the loss of their favorite site, with a passion not seen since the demise of Suprnova. Thousands of others were panicking. Forums and IRC were awash with theories of who had been arrested so far and who would be targeted next by the FBI, and why. Would it be limited to admins? What about the uploaders? Would regular users be chased down? In the end, around 130,000 users had nothing to worry about but some admins and uploaders weren’t so lucky.

In 2006, Scott McCausland pleaded guilty to one count of conspiracy to commit criminal copyright infringement and one count of criminal copyright infringement for his uploading of Star Wars: Episode III. He received jail time and home confinement and on his release told TorrentFreak: “After 5 months in prison, and another 5 months on home confinement, I have just one obstacle left: my 1.5 years years left of probation.”

Fellow site admin Grant Stanley, then aged 23, pleaded guilty to the same offenses as Scott and received the same sentence with the addition of a $3,000 fine. Other admins and uploaders who pleaded guilty included Sam Kuonen, then aged 24, 22 year old Scott D. Harvanek and An Duc Do, aged 25.

Not everyone arrested in connection with the case pleaded guilty. Daniel Dove, an administrator of the site, opted for a ‘not guilty’ plea. For Dove, the gamble hasn’t paid off. The jury was told that Dove was responsible for managing and recruiting the crucial ‘uploaders’ on the site (original seeders) and that he also operated a server which was used to distribute pirate material. The jury believed it and found him guilty on one count each of conspiracy and felony copyright infringement.

Dove will be sentenced on September 9th 2008 where he, like some of the other admins, faces a maximum sentence of 10 years in jail, but is likely to receive substantially less.

Historically, the EliteTorrents case is an important one. Many BitTorrent trackers used to be hosted in the United States, but had been essentially scared or pressured to leave, largely due to direct or indirect MPAA pressure. Right up until the creation of the Family Entertainment Act, any action against sites would have taken place in the civil domain. The act coming into force gave the FBI the green light to get involved, much to the delight of the MPAA who possessed significant investigative powers but lacked the killer ability to quickly shut down a non-compliant site.

The MPAA loves to issue a stream of data about how much piracy went on at EliteTorrents (and a lot did go on), but it was the seeding of a movie, a single pre-release movie that eventually killed the entire site and caused the imprisonment of the admin team. Clearly the leak did nothing to hurt the movie as it went on to gross nearly $110m in its first weekend and has nearly reached a worldwide total of $1bn. But we knew that anyway.

Despite the massive resources at the disposal of the FBI and supposed importance of the case, the person that originally leaked the Episode 3 workprint copy direct from Lucas is nowhere to be seen.

Article from: TorrentFreak, check out our new blog at FreakBits.

One of those who came to grief was sk0t – aka Scott McCausland – who pleaded guilty – an admission which earned him 5 months in jail and 5 months home confinement. As part of the home punishment, Scott was required to wear an ankle bracelet which monitored his movements. Fitted on July 19th 2007, the bracelet enforced the terms of his release: Monday to Friday 08:30 to 21:00 he was free to do as he pleased. Weekends were more restrictive – freedom was allocated between 08:30 to 17:00. Freedom – proper freedom – was 5 long months away.

Eventually the day had arrived to remove the bracelet. Scott told TorrentFreak:

“On December 19th, I was allowed to, personally, remove my ankle monitor. After 5 months of curfews, and missed occasions, I am now allowed to partake in all the benefits this free world has to offer. After 5 months in prison, and another 5 months on home confinement, I have just one obstacle left: my 1.5 years years left of probation.”

After a couple of years of ruined festivities for Scott, things are really looking up for him now:

“This Christmas has been quite good to me. My first semester back at school is over, I am with my family, and I am off home confinement… the holidays are going well for me.”

Scott hasn’t been sitting around idly since his release. Aside from spending time with his family and friends and buying a new home, Scott went back to school, finished his first semester and got some pretty good grades, despite ‘taking it easy’ with his 4 chosen classes:

BA 243 (Business Ethics) – B
Phil 014 (Love & Sex) – B+
Phil 012 (Symbolic Logic) – A-
Econ 002 (Microeconomics) – B

It’s good to hear from Scott but a little sad that we don’t hear anything from the other guys who also went to jail who must be going through similar experiences. I’m sure that everyone in the BitTorrent community wishes them well, whatever they might be doing.

Final word from Scott: “Everyone have a Happy Holiday Season”

Article from: TorrentFreak, check out our new blog at FreakBits.

Sk0t has now been released from jail but this doesn’t mean that everything is back to normal.

Back on 17 July, sk0t had to see his Probation Officer for the first time and two days later he had to have a special ankle bracelet attached. This monitoring device is there to enforce the terms of his release: Monday to Friday 08:30 to 21:00 he is free to do as he pleases. Weekends are more restrictive – freedom is allocated between 08:30 to 17:00. The one good thing about this device is that it will be removed before Christmas (Dec 19th).

According to a post on his blog, following another meeting with his Probation Officer, it seems sk0t is having more trouble:

So, I am getting shafted by the Justice Department again…”

sk0t was informed by his Probation Officer that he has to have special software installed on his PC so that the government can monitor his online activities. However, what is a more bitter pill to swallow for him is that the monitoring software is Windows only and as sk0t is an Ubuntu user, the Justice Department is forcing him to switch operating systems.

I had a meeting with my probation officer today, and he told me that he has to install monitoring software onto my PC. No big deal to me, that is part of my sentence. However, their software doesnt support GNU/Linux (Which is what I use). So, he told me that if I want to use a computer, I would have to use an OS that the software can be installed on.

Sk0t is left with a tough choice. Give in to the evils of the monitoring software, format his hard drive and install Windows – or be barred from using a PC completely.

Sk0t told TorrentFreak: “I think that this whole situation is just one more way that they can impose their will onto me. I have contacted my attorney, and we are going to fight this. It isn’t the fact that I have to be monitored that bothers me, it is the fact that I have restructure my life (different OS, different software on that OS) and that they would require (force) me to purchase software while I a currently unemployed and relatively unemployable with the 2 felonies that they gave me. It is just a ridiculous situation. Why should I conform to them when I am consenting to the software… they should have software that conforms to me.”

Unfortunately, thanks to the Family Entertainment and Copyright Act, some BitTorrent users are considered criminals these days, which means these unusual measures can be forced upon them. In a society where ‘the punishment should fit the crime’, you can’t help but think that somewhere along the line there’s been a big miscalculation when regular citizens are turned into criminals for sharing files.

Article from: TorrentFreak, check out our new blog at FreakBits.

Federal Court Judge McLaughlin said in a statement, prior to imposing sentence “those engaged in online piracy of copyrighted material are not modern day Robin Hood’s, but rather common thieves motivated solely by the desire to get something for nothing.”

McCausland is the second Elitetorrents admin who is sent to prison. Last month The 23 year old Grant Stanley received the exact same sentence, five months in prison, followed by five months of home detention.

Elitetorrents was taken down in May 2005 by the FBI. FBI’s Operation D-Elite resulted in the permanent shutdown of the Elitetorrents, and the end of one of the most active “private” BitTorrent communities.

Article from: TorrentFreak, check out our new blog at FreakBits.