One of these countries is Australia and local anti-piracy group AFACT has been very active in addressing this problem. During February we reported that Australian officials had arrested and charged a man in Sydney on 18 counts of copyright infringement, after it was alleged he was a cammer for well known ‘Scene’ group, PreVail.

New South Wales Police and AFACT (on behalf of the MPA) carried out a raid on 26 year-old Craig Farrugia’s residence on February 13th and seized “sophisticated” video camcording and computer equipment after watermarks on movie releases by PreVail allowed investigators to discover the cinema they were cammed in. Among others, the equipment was linked to cammed versions of Bedtime Stories, Beverley Hills Chihuahua, He’s Just Not That Into You, Marley and Me and Yes Man.

Presiding over the trial, Magistrate Keady said that Farrugia was “part of an organized criminal conspiracy,” and went on to say that the movie industry was “entitled to the same protection of their property as are householders whose house is broken into and property removed. It is a property offense similar to that of larceny.”

Since release group Prevail had released more than 200 movies onto the Internet in the last 3 ½ years, it was expected that Farrugia would be taught a harsh lesson by the court if found guilty. Each offense (that’s each camming offense) could have earned Farrugia a $60,500 AUS ($39,000US or €31,000) fine and 5 years imprisonment.

However, the Blacktown Local Court in Sydney surprised everyone, not least the MPA. Although Farrugia pleaded guilty and was convicted, he was fined just A$5,400 (US$3900), placed on an 18 month good behavior bond and set free.

AFACT Director of Operations Neil Gane said that the case had been a success and that the outcome would prove a deterrent to others but the boss of the MPA in the region was entirely more realistic. “While we are pleased with the very prompt closure of this matter, we are disappointed in the sentence meted out by the Court as it has failed to recognize the damage this particular crime can have on the industry.” He added that he hoped in future sentences would be tougher.

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This privacy can also mean that spotting someone surreptitiously recording the movie can be hard. Tinted windows can make the use of night vision equipment futile, and cameras can be hidden or covertly installed in cars. The movie’s audio, piped in through the car’s audio system, can also prove a great direct recording source.

Perhaps for these reasons, the New South Wales police have arrested and charged a man from the south west Sydney area, in connection with movie ‘camming’. The police carried out a raid and searched his residence, with members of the anti-piracy lobby group AFACT assisting (!). Afterwards, they seized what is being described as ‘sophisticated video camcording equipment’ (a camcorder) and computer equipment (most likely a computer).

The raid comes after a digital watermark, identifying the cinema, was found in some of the CAM and TS releases from the group ‘PreVail‘. Allegations are that the 26 year old man was linked to that group. However, no information on what ties the unnamed man had with the group has been made public, as a watermark would only identify the cinema that it was recorded at. Interestingly enough, two of the movie titles listed in the press-release have never been released by PreVail. “He’s Just Not That Into You” and “Marley and Me” were indeed released as a Cam version, but not by PreVail.

Of course, the arrests seem to have been prompted by (again) gross exaggerations of the facts by the Australian Federation Against Copyright Theft (AFACT) with the press releases talking about the great losses CAMs cause. It also comments how Scene ‘Top Sites’ sell their releases to ‘criminal groups’ who then mass produce DVDs for sale. Apart from scene groups often being very anti-sale, it’s unclear why criminal groups would pay for these releases anyway. A wait of less than an hour will enable them to get them for free online.

All things aside, if the man is a member of PreVail (a group that has ‘released’ more than 200 films in the last 3 ½ years) and is convicted, his sentence will not be a light one. With $60,500 AUS ($39,000US or €31,000) and 5 years imprisonment per offense, that can yield a maximum sentence of over a million Aussie dollars and 90 years in prison. In fact, he’s looking at a potential punishment greater than most murderers.

The 18 charges include possessing a device with intent to make an infringing copy, possessing an infringing copy for distribution, and distributing infringing copies. The case will be heard on March 12th at Blacktown Local Court.

On the plus side though, proving the bluster about financial gain will be hard. It appears to be how lobby groups prod police forces to act, even if the police are active pirates themselves.

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