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For Immediate Release |
U.S. Department of Justice
United States Attorney
Northern District of Illinois
Dirksen Federal Building
219 South Dearborn Street,
Fifth Floor
Chicago, Illinois 60604
Scott R. Lassar
United States Attorney
(312) 353-5300
Press Contacts: AUSA Lisa Griffin
(312) 886-7641
AUSA/PIO Randall Samborn
(312) 353-5318
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SOFTWARE PIRATE GUILTY OF COPYRIGHT INFRINGEMENT UNDER NET ACT
CHICAGO A federal jury here returned a guilty verdict in the nations
first trial under the 1997 No Electronic Theft (NET) Act involving a computer
software piracy conspiracy, Scott R. Lassar, United States Attorney for
the Northern District of Illinois, announced today. Following a week-long
trial, jurors deliberated only 30 minutes late on Friday, May 11, before
finding Christian Morley, 28, of Salem, Mass., guilty of conspiracy
to infringe software copyrights.
Morley was indicted last year along with 16 other defendants from across
the United States and Europe for conspiring to infringe the copyright of
more than 5,000 computer software programs that were available through a
hidden Internet site that was located at a university in Quebec, Canada.
Twelve of the defendants, including an Aurora, Ill., man, allegedly were
members or leaders of an international organization of software pirates
known as "Pirates with Attitudes," an underground group that disseminated
stolen copies of software, including programs that were not yet commercially
available. The remaining five defendants were employees of Intel Corp.,
four of whom allegedly supplied computer hardware to the piracy organization
in exchange for obtaining access for themselves and other Intel employees
to the groups pirated software, which had a retail value in excess
of $1 million. The investigation first became public with the Feb. 3, 2000,
arrest of the lead defendant Robin Rothberg, of North Chelmsford, Mass.,
who was identified as a "council" member, or leader, of PWA. A
list of the defendants and their status is attached.
Of the 17 defendants, Rothberg and 12 others pleaded guilty to copyright
conspiracy, two remain fugitives, one is still pending and is being evaluated
for mental competency, and the last one -- Morley -- was convicted at trial.
The 14 guilty defendants are expected to be sentenced at the end of the
summer but no specific dates have been set. Conspiracy to infringe a copyright
carries a maximum penalty of five years in prison and a $250,000 fine, or,
as an alternative, the Court may impose a fine totaling twice the gross
gain to any defendant or twice the gross loss to any victim, whichever is
greater. Restitution is mandatory. U.S. District Judge Matthew Kennelly
will determine the appropriate sentence to be imposed under the United States
Sentencing Guidelines.
"The trial demonstrated law enforcements commitment to prosecute
software piracy cases and the FBIs ability to successfully investigate
sophisticated online activity," said Assistant U.S. Attorney James
Conway, who represented the government along with Assistant U.S. Attorney
Lisa K. Griffin. The case was investigated by the Chicago Field Division
of the Federal Bureau of Investigation. The Justice Departments Computer
Crime and Intellectual Property Section provided assistance, as did the
Business Software Alliance and the Software and Information Industry Association.
The investigation was conducted as part of the Justice Departments
nationwide Intellectual Property Initiative, announced in July 1999. The
conspiracy and copyright infringement charges in this case were brought
under the No Electronic Theft Act, known as the NET Act, which was enacted
in 1997 to facilitate prosecutions of Internet copyright piracy. The NET
Act makes it illegal to reproduce or distribute such copyrighted works as
software programs, even if the defendant acts without a commercial purpose
or for private financial gain.
United States v. Rothberg, et al., 00 CR 85
Members of Pirates with Attitudes who pleaded guilty:
Robin Rothberg, also known as "Marlenus," (9/11/67) 33,
of North Chelmsford, Mass.
Diane Dionne, aka "Akasha," (4/11/61) 40, of West Palm Beach,
Fla.
Steven Ahnen, aka "Code3," (4/13/58) 43, of Sarasota, Fla.,
Jason Slater, aka "Technic," (4/28/70) 31, of Walnut Creek,
Ca.
Todd Veillette, aka "Gizmo," (11/21/59) 41, of Oakdale, Conn.
Thomas Oliver, aka "Rambone," (7/14/65) 35, of Aurora, Il.
Mark Stone, aka "Stoned," (3/24/66) 35, of Cypress, Ca.
Jason Phillips, aka "Crov8," (11/9/70) 30, of Plano, Tex.
Member of Pirates with Attitudes who was found guilty at
trial:
Christian Morley, aka "Mercy" (4/13/73) 28, of Salem,
Mass.
Alleged Members of Pirates with Attitudes who are fugitives:
Mark Veerboken, aka "Shiffie," of Belgium
Kaj Bjorlin, aka "Darklord," of Sweeden
Alleged Member of Pirates with Attitudes whose case is pending:
Justin Robbins, aka "Warlock," (2/10/76), 25, of Charlotte,
N. C.
Intel employees who pleaded guilty:
Brian Riley, (1/31/70) 31, of Olympia, Wash.
Tyrone Augustine, (5/13/71) 30, of Cambridge, Mass.
Brian Boyanovsky, aka "Boynger," (6/26/75) 25, of Beaverton,
Ore.
John Geissberger, (5/15/62) 39, of Columbia, S. C.
Gene Tacy, (11/13/74), 26, of Olympia, Wash.
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