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Piracy Software The Almighty Buck The Courts

Man Who Sold $100 Million Worth of Pirated Software Gets 12 Years In Prison 304

An anonymous reader sends this quote from Bloomberg: "A Chinese national was sentenced to 12 years in a U.S. prison for selling more than $100 million worth of software pirated from American companies, including Agilent Technologies Inc., from his home in China. Li and his wife, of Chengdu, China, were accused of running a website called 'Crack 99' that sold copies of software for which 'access-control mechanisms had been circumvented, the U.S. said in an unsealed 46-count indictment. The pair was charged with distributing more than 500 copyrighted works to more than 300 buyers in the U.S. and overseas from April 2008 to June 2011. The retail value of the products was more than $100 million, the government said. Li is the first Chinese citizen to be 'apprehended and prosecuted in the U.S. for cybercrimes he engaged in entirely from China,' prosecutors said in court filings."
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Man Who Sold $100 Million Worth of Pirated Software Gets 12 Years In Prison

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  • Good (Score:4, Insightful)

    by gigaherz ( 2653757 ) on Wednesday June 12, 2013 @05:20AM (#43982889)
    THIS is proper use of the copyright laws.
  • Re:Good (Score:4, Insightful)

    by Krneki ( 1192201 ) on Wednesday June 12, 2013 @05:24AM (#43982907)

    Is it ?

    I'm don't know about copyright laws in China, but unless you breach your country law, the US can fuck off.

  • by ranulf ( 182665 ) on Wednesday June 12, 2013 @05:36AM (#43982971)

    I wanted to make this point, but more so. The guy sold copyrighted material to 300 people. Let's say $100 a pop, which sounds high for someone to fork over for known pirated material. That's $30,000 which is by my reckoning about 4 months salary for the typical person in the US. But this was actually over a 3 year period.

    Piracy is bad, and I don't agree with it, and even more so because my livelihood comes from software development of things that are typical targets of piracy, but the punishment here seems massively out of proportion to the crime. 12 years in prison is in the same ballpark as a murder.

  • Re:Good (Score:5, Insightful)

    by TrollstonButterbeans ( 2914995 ) on Wednesday June 12, 2013 @05:40AM (#43982983)
    He sold to US buyers establishing jurisdiction. If he did not sell to US buyers and to only -- as an example --- Chinese buyers, US courts would likely not have jurisdiction ....

    .... Although in this "new post-Megaupload Wikileaks kill people with drones NSA monitors all" world maybe the US government has no limits any longer as the US courts no longer are willing to rule that such limits exist.
  • by magic maverick ( 2615475 ) on Wednesday June 12, 2013 @05:43AM (#43982995) Homepage Journal

    Let's pretend I host a website that allows you to download hundreds of novels and other works. These are all still under copyright in the USA. But I, and my website, are located in a place where all these works are in the public domain (e.g. Australia, and Russia).
    If I then (perhaps I'm a masochist) visit the USA, can I be arrested and charged? Probably not actually.

    But, if I suddenly allow you to download novels etc. that are not in the public domain in the country I operate in, I suddenly can be charged in the USA? Even though I never visited that country, nor had any dealings there?

    Why the fuck do countries have laws that allow them to prosecute people who are did their criminal activity in another jurisdiction?

  • Re:Good (Score:3, Insightful)

    by Anonymous Coward on Wednesday June 12, 2013 @05:48AM (#43983009)

    I think with all the drone strikes in the world you would realize the US has jurisdiction where ever it fucking feels like.

  • by Anonymous Coward on Wednesday June 12, 2013 @06:16AM (#43983135)

    Obviously because so many crimes cross international borders. He sold illegal product to US citizens over the internet, and was then dumb enough to make a delivery on US soil. There's no room for outrage here unless you're the kind of edgy guy that thinks anarchy would be cool.

  • Re:Good (Score:2, Insightful)

    by Anonymous Coward on Wednesday June 12, 2013 @06:23AM (#43983163)
    Luring someone to where you can arrest them has always been legal. How is this any different from the old tactic of police sending messages saying "Come to this address, you've won a boat!" to people who have warrants out against them?
  • by stanIyb ( 2945195 ) on Wednesday June 12, 2013 @07:05AM (#43983327)

    If you made $100M (really that, not RIAA funny-math $100M, mind) then that is $100M that the original owners could have made.

    Except when you consider that the prices official sources charge are usually much more. People most likely bought software from him because he was selling it at a cheaper price. Would they have bought it otherwise? Who knows? But why should we assume they would have?

  • Re:Good (Score:1, Insightful)

    by Anonymous Coward on Wednesday June 12, 2013 @07:08AM (#43983335)

    I really have trouble understanding your mindset and others like you that believe it is A-OK for someone to illegally acquire commercial software (or movies or music or books) and sell it. These "resellers" are not taking expensive software and giving it away in the spirit of communal sharing, they are taking that software and selling it to make a profit for themselves. They made no contributions to the development of the software, they have no stake in the company that hires staff and takes financial risk to produce said software. These people are parasites. It is disheartening that you believe it is worthwhile to defend them.

  • by Registered Coward v2 ( 447531 ) on Wednesday June 12, 2013 @07:13AM (#43983359)

    500 copyrighted works to more than 300 buyers in the U.S. and overseas

    The retail value of the products was more than $100 million, the government said.

    In other words... on average ~$200,000 per product, and ~$333 thousand per buyer

    This makes sense, when you are talking about companies like Agilent that sell overpriced products, that retail for probably approximately $500,000

    That's why the "pirated $100 million in software" is neither impressive, nor indicating a particularly outrageous pirate.

    The outrage, should be the pricing of Enterprise software, not the" inflated retail price " as some sort of metric of the pirate's activity.

    Obviously, the buyers weren't willing to pay the price the maker wanted to sell the software at. Therefore, those sales by definition were not worth the retail price.

    In simple economic terms... the high price places their product out of demand.

    By definition, they're worth what the buyer was willing to pay the pirate for the procureent.

    If you're selling a $500,000 software product; going after pirates is not a winning business strategy -- it's figuring out, why the heck you can't pitch your product to legal buyers, and make your desired revenue there. Either the pricing is all wrong, or your marketing or product targetting is all wrong.

    Not really. While i you are correct about pricing a d demand your conclusions aren't. The software vendors chose to forgo more sales in favor of higher prices; probably figuring the margins were better since there would be fewer users to support and the higher price justified the required level of support. That's their choice and does not mean someone else has the right to pirate and sell at a lower price point. The buyers were simply not target customers despite their desire to have the software.

  • Re:Good (Score:5, Insightful)

    by Anonymous Coward on Wednesday June 12, 2013 @07:48AM (#43983523)

    I really have trouble understanding your mindset and others like you that believe it is A-OK for someone to illegally acquire commercial software (or movies or music or books) and sell it. These "resellers" are not taking expensive software and giving it away in the spirit of communal sharing, they are taking that software and selling it to make a profit for themselves. They made no contributions to the development of the software, they have no stake in the company that hires staff and takes financial risk to produce said software. These people are parasites. It is disheartening that you believe it is worthwhile to defend them.

    I defend them when the accusers claim that their retail value is $200,000 dollars a copy and the penalty for copying some CDs is 12 years. Rapists and murderers rarely get 12 years. If you can't see that the motivation behind this is pure greed - as opposed to actual justice - then I pity you.

  • Re:Good (Score:5, Insightful)

    by Savage-Rabbit ( 308260 ) on Wednesday June 12, 2013 @08:17AM (#43983677)

    I really have trouble understanding your mindset and others like you that believe it is A-OK for someone to illegally acquire commercial software (or movies or music or books) and sell it. These "resellers" are not taking expensive software and giving it away in the spirit of communal sharing, they are taking that software and selling it to make a profit for themselves. They made no contributions to the development of the software, they have no stake in the company that hires staff and takes financial risk to produce said software. These people are parasites. It is disheartening that you believe it is worthwhile to defend them.

    I defend them when the accusers claim that their retail value is $200,000 dollars a copy and the penalty for copying some CDs is 12 years. Rapists and murderers rarely get 12 years. If you can't see that the motivation behind this is pure greed - as opposed to actual justice - then I pity you.

    That price tag has less to do with any real belief that a CD is worth 200 grand a copy and a lot more to do with the unshakable American belief in the effectiveness of the brand of 'come down on them like a ton-o-bricks' justice that has filled your jails with hoards of people doing rediculously long mandatory minimum sentences for things that are misdemeanours in most other countries.

  • by FuzzNugget ( 2840687 ) on Wednesday June 12, 2013 @08:18AM (#43983679)

    Stop calling it piracy, damn it. Did he sail the high seas then rape and pillage? No, he sold cracked software. It's called "commercial copyright infringement," but that doesn't sound so sexy, does it?

    Every time you call it piracy, you let the corporatists win.

  • Hmmm (Score:3, Insightful)

    by Anonymous Coward on Wednesday June 12, 2013 @08:23AM (#43983715)

    100 million for 12 years in prison... Might be worth it...

  • Re:Good (Score:3, Insightful)

    by Anonymous Coward on Wednesday June 12, 2013 @08:51AM (#43983919)

    However, you need to have committed a crime in that country before you can lure them into your country.

    You cannot, for example, lure someone on to your land then shoot them for trespassing.

  • Re:Good (Score:5, Insightful)

    by Known Nutter ( 988758 ) on Wednesday June 12, 2013 @10:13AM (#43984563)

    NO CARRIER

    It won't be too much longer now before there is no one left who gets this joke.

  • by Steve_Ussler ( 2941703 ) on Wednesday June 12, 2013 @10:19AM (#43984627)
    she should have stayed in china and avoided jail.

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