Student Convicted of Software Piracy



By Elizabeth Millard - NewsFactor Network


A University of Iowa student has become the first person convicted as part of "Operation Fastlink," a U.S. Department of Justice initiative coordinated by the FBI that seeks to reduce Internet-based piracy.

Jathan Desir, 26, created two online libraries of pirated software and distributed the applications online, the DOJ notes. He is personally responsible for as much as US$200,000 in losses to the industry, according to federal records.

Desir pleaded guilty to felony charges of copyright infringement and conspiracy, and now faces a maximum of 15 years in prison. Sentencing is scheduled for March 18th.

The conviction demonstrates the DOJ's aggressiveness in pursuing intellectual property crime, says Assistant Attorney General Christopher Wray of the DOJ's criminal division in a statement. "The Department of Justice is committed to prosecuting all forms of intellectual property theft," he says. "There is no hiding in cyberspace, and there is no hiding behind borders."

Fast Track

Launched in April 2004, Operation Fastlink got off to a fast start with worldwide raids in Asia, the U.S. and Europe. Desir's computers were seized in the raids.

Federal records show that he cooperated with authorities fully, even detailing his activities, and admitting to the creation of a software library housed in California.

The operation's main target is "warez" groups, which often swap pirated software applications online, as well as music, gaming and movie files. Desir was an active member of the warez scene, according to documents filed in federal court.

 

Further Action

The Operation Fastlink initiative is conducted with the cooperation of several agencies and groups, including the National Hi-Tech Crime Unit and the Business Software Alliance.

As software piracy and intellectual property become more prominent in the court system with actions like those pursued by the MPAA and RIAA , it is likely that the government will show increasing interest in enforcement.

Charles Sims, partner in the New York office of law firm Proskauer Rose, told NewsFactor that legal and governmental actions involving intellectual property are likely to continue and increase.

"This is about deterring copyright infringement, and that has to be taken very seriously," Sims said. "Intellectual property is just that: property. And it's logical that the people who own it would want this kind of protection."