Warez Trading and Criminal Copyright Infringement, Part 2

Apr 9, 2004

📄 Contents

␡

Other Criminal Liability of Warez Trading
Criminal Copyright Prosecutions of Warez Traders
Casualties in the War Against Warez
Appendix: Publicized Convictions Under the No Electronic Theft Act

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Appendix: Publicized Convictions Under the No Electronic Theft Act

The following table is principally updated as of November 1, 2003.⁹⁸

Individual	Sentencing Date	Summary of Criminal Activity	Sentence
Jeffrey Levy	August 1999	Posted software, music, entertainment programs, and movies with a retail value of at least $5,000 to his web site	2 years probation Internet use restricted
Eric Thornton	December 1999	Posted software with a retail value of at least $9,638 to his web site	5 years probation $9,638 restitution Must post notice on web site for 18 months Cannot use computers (except for business or educational purposes) for 12 months, and Internet use restricted
Brian Baltutat	October 2000	Posted infringing software to a web site that was visited by 65,000 people	3 years probation 180 days home confinement (including a tether) $7,087 restitution 40 hours community service Cannot use the Internet Required to tell the owners of any computers he uses about his conviction
Jason Spatafore	December 2000	Electronically distributed portions of Star Wars I	2 years probation $250 fine
Tyrone Augustine (PWA)	April 2002	Intel employee who participated in warez group trading software with retail value of $1,424,640	5 years probation $5,000 fine
Brian Boyansky (PWA)	April 2002	Intel employee who participated in warez group trading software with retail value of $1,424,640	5 years probation $2,000 fine
Diane Dionne (PWA)	April 2002	Senior member of and packager for warez group trading software with retail value of $1,424,640	5 years probation
John Geissberger (PWA)	April 2002	Intel employee who participated in warez group trading software with retail value of $1,424,640	5 years probation $5,000 fine
Christian Morley (PWA)	April 2002	Packager for warez group trading software with retail value of $1,424,640	24 months in prison 2 years supervised release (went to trial in May 2001)
Jason Phillips (PWA)	April 2002	Member of warez group trading software with retail value of $1,424,640	5 years probation $5,000 fine
Brian Riley (PWA)	April 2002	Intel employee who participated in warez group trading software with retail value of $1,424,640	5 years probation
Jason Slater (PWA)	April 2002	Cracker for warez group trading software with retail value of $1,424,640.	8 months in prison 6 months community custody 2 years supervised release $1,000 fine
Mark Stone (PWA)	April 2002	Member of warez group trading software with retail value of $1,424,640	5 years probation $5,000 fine
Gene Tacy (PWA)	April 2002	Intel employee who participated in warez group trading software with retail value of $1,424,640	5 years probation $5,000 fine
Todd Veillette (PWA)	April 2002	Member of and senior courier for warez group trading software with retail value of $1,424,640	5 years probation $5,000 fine
Barry Erickson (Buccaneer)	May 2002	Provided prerelease Symantec software to warez groups RiSCISO and DrinkOrDie, founding member of warez group POPZ	33 months in prison (reduced in November 2002 to 15 months) 2 years supervised release
David Grimes (Buccaneer)	May 2002	Provided prerelease Check Point software to DrinkOrDie; operated FTP site "High Octane," which was affiliated with warez groups RiSC, MYTH, RTS, and DrinkOrDie	37 months in prison (immediately reduced to 16 months in prison) 3 years supervised release Substance abuse treatment
Thomas Oliver (PWA)	May 2002	Council member of warez group trading software with retail value of $1,424,640	3 years probation $5,000 fine
Robin Rothberg (PWA)	May 2002	Led and council member of warez group trading software with retail value of $1,424,640	18 months in prison 3 years supervised release $1,000 fine
John Sankus (Buccaneer)	May 2002	Led and managed warez group DrinkOrDie, participated in warez group Harm; traded software with retail value of between $2.5 million and $5 million	46 months in prison (reduced November 2002 to 18 months) 2 years supervised release 200 hours community service
Nathan Hunt (Buccaneer)	June 2002	Senior member of warez group DrinkOrDie; in 11-month period, provided 120 software programs for cracking and distribution; stipulated to trading software with retail value of between $2.5 million and $5 million	33 months in prison (reduced November 2002 to 24 months) 3 years supervised release $2,500 fine
Stacey Nawara (Buccaneer)	June 2002	Senior member of warez group RTS, Council member of warez group DrinkOrDie, courier for warez group Razor1911	30 months in prison (reduced in October 2002 to 30 days in jail [straight time or weekends] and 8 months community confinement) 3 years supervised release Assigned to mental health and substance abuse program $1,000 fine No non-work Internet use
Richard Berry (Buccaneer)	July 2002	Long-time member of DrinkOrDie, provided them hardware, tested cracked warez, and operated bounce sites	33 months in prison (reduced in October 2002 to 2 years probation including 12 months home confinement with electronic monitoring) 2 years supervised release
Andrew Clardy (Buccaneer)	July 2002	System administrator for DrinkOrDie's Dynamo server	41 months in prison 2 years supervised release
Michael Kelly (Buccaneer)	July 2002	Senior staff of DrinkOrDie; member of warez groups RISC, AMNESIA, CORE	33 months in prison 2 years supervised release 200 hours community service Must notify employers of conviction In January 2003, the sentence was reduced to the following: 4 months in prison 3 years supervised release (including 8 months home detention with electronic monitoring) 200 hours community service Must notify employers of conviction
Sabuj Pattanayek (Buccaneer)	July 2002	Council member of and cracker for warez group DrinkOrDie; senior member of warez group RTS	41 months in prison 3 years supervised release 100 hours community service $1,000 fine In May 2003, his sentence was reduced to the following: 3 years probation 6 months community confinement 200 hours community service Fine
John Riffe (Buccaneer)	July 2002	Member of warez groups ShadowRealm (SRM), EXODUS	2 years probation 6 months home confinement with electronic monitoring 100 hours community service
Tony Walker (Fastlane)	July 2002	Provided computer hardware to warez group Fastlane in exchange for access to software with retail value of $1,000,000	5 months in prison (split with community confinement) 1 year supervised release $3,000 fine (went to trial March 2002)
Anthony Buchanan (Buccaneer)	August 2002	Participated in warez groups POPZ and DrinkOrDie	2 years probation 6 months home confinement with electronic monitoring 150 hours community service
Steve Deal (Fastlane)	August 2002	Led warez group trading software with retail value of $1,000,000	30 months in prison 3 years supervised release
Robert Gross (Buccaneer)	August 2002	Participated in warez group DrinkOrDie	5 years probation 6 months home confinement 200 hours community service
Glendon Martin (Fastlane)	August 2002	System administrator for warez group trading software with retail value of $1,000,000	3 years probation $1,000 fine
Shane McIntyre (Fastlane)	August 2002	Managed warez group trading software with retail value of $1,000,000	3 years probation 180 days home confinement with electronic monitoring $3,000 fine
James Milne (Fastlane)	August 2002	System administrator for warez group trading software with retail value of $1,000,000	3 years probation
Bjorn Schneider (Fastlane)	August 2002	Managed warez group trading software with retail value of $1,000,000	3 years probation
Christopher Tresco (Buccaneer)	August 2002	System administrator for DrinkOrDie (including operating a drop site)	33 months in prison (reduced in October 2002 to 6 months in prison and 7 months community confinement) 2 years supervised release 100 hours community service May not use the Internet for non-work purposes
Kevin Vaughan (Fastlane)	August 2002	System administrator for warez group trading software with retail value of $1,000,000	3 years probation
Tae Yuan Wang (Fastlane)	August 2002	Managed warez group trading software with retail value of $1,000,000	3 years probation 300 hours community service
Steven Ahnen (PWA)	September 2002	Council member for warez group trading software with retail value of $1,424,640; alleged to operate channel for the group and package software	3 years probation $1,000 fine
Derek Eiser (Buccaneer)	September 2002	Participated in warez group DrinkOrDie	2 years probation, including 6 months home confinement $500 fine
David Anderson (Buccaneer)	October 2002	Participated in warez group DrinkOrDie	12 months probation $500 fine
Myron Cole (Buccaneer)	October 2002	Participated in warez group DrinkOrDie	2 years probation 150 hours community service
Justin Robbins (PWA)	October 2002	Council member of warez group trading software with retail value of $1,424,640; supplied Microsoft software and allowed others to access Microsoft's internal network	7 months in prison 3 years supervised release
Ruth Lawton (Bandwidth)	December 2002	Downloaded more than $2,500 of infringing works to her home computer	3 years probation $2,000 fine
Ryan Breding (Fastlane)	February 2003	Provided computer hardware to warez group Fastlane in exchange for access to software with retail value of $1,000,000	15 months in prison 2 years supervised release $6,000 fine
Eric Rosenquist (Bandwidth)	March 2003	Downloaded Microsoft Money to his home computer	3 years probation 140 hours community service $500 fine
Lukasz Doupal (Bandwidth)	April 2003	Participated in warez group Rogue Warriorz (RWZ)	3 years probation $2,000 fine
William Fitzgerald	April 2003	Operated web site allowing downloads of between $40,000 and $70,000	4 months in prison 4 months home confinement $3,000 fine
Shane Pitman (Buccaneer)	June 2003	Leader of warez group Razor1911	18 months in prison (reduced in August 2003 to 12 months plus one day) 3 years supervised release
David Russo (Buccaneer)	July 2003	Tester for warez group DrinkOrDie	To be determined
Brad McGourty (Bandwidth)	August 2003	Participant in Rogue Warriorz (RWZ); admitted to downloading Microsoft Money to home computer	1 year probation $500 fine $60 restitution
Charles Yurek (Bandwidth)	August 2003	Participant in Rogue Warriorz (RWZ); admitted to downloading Windows XP to home computer	6 months of electronically monitored home detention 3 years probation $500 fine
Kent Kartadinata (Buccaneer)	September 2003	Operated email server for warez group DrinkOrDie	5 years probation 2,400 hours community service in anti-piracy program
Mike Nguyen (Buccaneer)	September 2003	Managed file servers for warez group DrinkOrDie	5 years probation 2,400 hours community service in anti-piracy program
Kerry Gonzalez	September 2003	Distributed advance "work print" copy of The Hulk	6 months home confinement 3 years probation $2,000 fine $5,000 restitution
Christopher Motter (Digital Piratez)	September 2003	Operated warez server Wonderland with 5,000 warez worth at least $500,000	24 months in prison
John Amorosi (Bandwidth)	January 2004	Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000	To be determined
Mark Shumaker (Buccaneer)	February 2004	Led music piracy site Apocalypse Crew and supplied content to warez group DrinkOrDie; stipulated infringement of between $40,000 and $70,000	To be determined
James Remy (Cybernet)	March 2004	Operated warez server that had $2,242,712 of infringing downloads	To be determined
Wolf Bachenor (Bandwidth)	March 2004	Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000	To be determined
David Brandt (Bandwidth)	March 2004	Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000	To be determined
Alexander Castaneda (Bandwidth)	March 2004	Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000	To be determined
Jacob Clappton (Bandwidth)	March 2004	Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000	To be determined
Jonathan Dow (Bandwidth)	March 2004	Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000	To be determined
Jorge Garcia (Bandwidth)	March 2004	Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000	To be determined
Mark Konarske (Bandwidth(	March 2004	Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000	To be determined
Timothy Lastoria (Bandwidth)	March 2004	Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000	To be determined
David Lowe (Bandwidth)	March 2004	Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000	To be determined
Christopher Mastrangelo (Bandwidth)	March 2004	Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000	To be determined
Daniel McKay (Digital Piratez)	March 2004	Operated warez server with 1,000 warez items	To be determined
Suzanne Peace (Bandwidth)	March 2004	Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000	To be determined
Lindle Romero (Bandwidth)	March 2004	Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000	To be determined
Elisa Sarino (Bandwidth)	March 2004	Participated in warez group Rogue Warriorz (RWZ), which infringed works with a retail value over $1,000,000	To be determined
Travis Myers (Safehaven)	TBD	Courier for several warez groups, including DrinkOrDie	To be determined
Terry Katz (Safehaven)	TBD	System operator for warez servers	To be determined
Walter Kapechuk (Safehaven)	TBD	Operated warez servers at SUNY Albany	To be determined
Warren Willsey (Safehaven)	TBD	Periodically helped Kapechuk operate warez servers	To be determined

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