RIAA Anti-Piracy Seizure Information


U.S. Busts - February 2009



California | Texas


California

February 20, 2009 - Three Southern California men have been charged with uploading pirated copies of Hollywood movies to the Internet, including two Oscar-nominated films. On February 20, 2009, Owen Moody of San Marcos and Derek Hawthorne of Moorpark were indicted in two separate cases of federal copyright violation. Moody is charged with uploading "Slumdog Millionaire" while Hawthorne is charged with uploading a copy of "The Curious Case of Benjamin Button" and "Australia." The FBI told both men to surrender to authorities next week. If convicted, they face three years in prison and a fine of at least $250,000. Prosecutors say Jack Yates of Porter Ranch was arrested last week for making an illegal copy of "The Love Guru," which he distributed to friends who uploaded the movie.



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Texas

February 17, 2009 - The U.S. District Court for the Northern District Court of Texas has sentenced Timothy Kyle Dunaway, 24, of Wichita Falls, Texas, to 41 months in prison for selling counterfeit computer software through the Internet in violation of criminal copyright infringement laws, particularly 17 U.S.C. Sections 506(a)(1)(A) and 2319. The software sold by Dunaway had a combined retail value of more than $1 million. Dunaway was also sentenced to two years of supervised release and ordered to pay $810,257 in restitution. The district court also ordered Dunaway to forfeit a Ferrari 348 TB and a Rolex watch purchased with illegal proceeds of the scheme. The district court issued the judgment of guilt and imposed the sentencing on February 17, 2009 after Dunaway pleaded guilty on October 30, 2008, to one count of criminal copyright infringement for selling pirated business software through the Internet. According to court documents, from July 2004 through May 2008, Dunaway operated approximately 40 Web sites that sold a large volume of downloadable counterfeit software without authorization from the copyright owners. Dunaway admitted he operated computer servers in Vienna, Austria and Malaysia. In addition to the penalties of restitution and 41-month imprisonment at a Bureau of Prison facility, the district court ordered that upon release from imprisonment, Dunaway shall be placed on supervised release for a term of two (2) years. During this period, Dunaway is prohibited from performing a variety of acts, including: installation of new hardware, performing upgrades, or effecting repairs on his/her computer system without receiving prior permission from the probation officer; accessing any service or use of any software which allows for direct peer to peer contact which may include chat rooms, file sharing, or other similar activity without permission from the probation officer; engaging in or utilization of any service which allows peer-to-peer file sharing or file transfer protocol activity; downloading, possession, and/or installation of copyrighted materials without permission of your probation officer; and, possession or use removable media configured with bootable operating systems. Read the verdict here. (PDF)



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