U.S. Busts – February 2009

RIAA Anti-Piracy Seizure Information

California | Texas


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.


February 17, 2009 – Timothy Kyle Dunaway, 24, from Wichita Falls, Texas, was sentenced by the U.S. District Court for the Northern District Court of Texas to prison for being in violation of criminal copyright infringement laws. By selling counterfeit computer software on the internet, valued at more than $1 million, he had violated 17 U.S.C. Sections 506(a)(1)(A) and 2319 of the law. In addition to 41 months in prison, his sentence included two years of supervised release and $810,257 in restitution. He was also ordered by the court to forfeit his Ferrari 348 TB and Rolex watch, which were bought will the illegal proceeds. The judgment and sentencing were issued on February 17, 2009, following his guilty plea (on October 30, 2008) of selling downloadable counterfeit software without copyright owner authorization, which constituted criminal copyright infringement. Dunaway admitted to operating computer servers in Malaysia and Vienna, Austria. During his two-year supervised release after prison, he is forbidden from various activities, including installing new hardware, performing computer upgrades, or repairing his computer without permission from his probation officer. He must also not use any software or access a service that involves P2P (peer-to-peer) contact, such as file-sharing, chat rooms, etc., without prior approval. If he wants to download, possess, and/or install copyrighted materials, or possess or use removable media that contains bootable operating systems, he must also get permission from his probation officer.

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