Florida Man Gets Six Years for Piracy

By Ed Oswald | Published August 25, 2006, 1:30 PM

A Florida man has received a six-year prison sentence after being convicted of conspiracy and copyright infringement charges related to the sale of pirated software. In addition to the jail term, he has also been mandated to pay $4.1 million in restitution.

Through his Web site BuysUSA.com, Danny Ferrer of Lakeland, Fla. sold pirated copies of software from Adobe, AutoDesk and Macromedia. Through the money made on the site, Ferrer was able to buy airplanes, a fighter jet simulator, and numerous cars. In order to repay the companies affected, Ferrer has been ordered to sell his assets.

U.S. District Court Judge T.S. Ellis III gave the stiff sentence out of a desire to deter others from attempting to do what Ferrer did. While Ferrer claims he initially started selling the pirated copies out of a desire to pay for medical bills for his wife, he did admit to becoming greedy once the business became successful.

BuysUSA operated from 2002 to 2005, and the software sold was fairly indistinguishable to that of authentic software. However, Ferrer sold the software at a discount, and it is estimated that the companies lost $20 million as a result of the operation.

John Wolfe, director of Internet enforcement for the Business Software Alliance, an industry trade organization, applauded the decision, saying Ferrer's actions harmed the market and consumers.

"We encourage consumers to be aware of the risks involved with buying 3rd party software on the Internet and hope that the increased attention to this problem by law enforcement agencies will send the message that software piracy is a crime that can result in very serious consequences," he said.

Companies like Microsoft have taken a proactive stance on piracy, through programs like Windows Genuine Advantage. WGA notifies users if they are using a counterfeit version of Windows.

Users who may have unknowingly purchased counterfeit software would be eligible for a free genuine copy at no cost as long as they fill out a piracy report as well as provide proof of purchase and surrender the counterfeit CDs. Microsoft has used such reports to go after counterfeiters.

Comments

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I got burnt by an idiot like this or should I say my wife... It's his time to feel the fire.

Good for MS getting this guys butt! Hang'em high!

It'd sure make the internet a nicer place to visit if there were a lot less idiots like this fellow.

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Craaaaaaaaaaaaaaaaaaaazy man! crazy man! His greed got the best of his better judgement. He's not the first and certainly will not be the last. Maybe he thought he fled the country in his flight simulator so he thought he wasn't going to get caught? So who is going to pay for his wife's medical bills now? Bubba his new best friend in jail? Maybe he can use that flight simulator escape jail! Looks like it could come in handy! At least it could allow him to escape the realities of jail until Bubba visits his cell to get some more lovin! Crime doesn't pay. Do the crime and you do the time. By the way on a serious note, these software companies should lower their prices. It's just a little overpriced but they won't do anything to reduce it now that they have the law on their side. They have the law in their back pocket. Good ol' USA. If you have enough money, you can do or control anything that you want. Even avoid jail time if you are celeb.

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Craaaaaaaaaaaaaaaaaaaazy man! crazy man! His greed got the best of his better judgement. He's not the first and certainly will not be the last. Maybe he thought he was fled the country in his flight simulator so he thought he wasn't going to get caught. So who is going to pay for his wife's medical bills now? Bubba hsi new best friend in jail? Maybe he can use that flight simulator escape jail. Looks like it could come in handy! At least it could allow him to escape the realities of jail until Bubba visits his cell to get some more lovin! Crime doesn't pay do the crime and you do the time. Byt the way on a serious note, thse software companies should lower their prices. Its just a little overpriced but they won't do anything to reduce it now that they have the law on their side.

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Craaaaaaaaaaaaaaaaaaaazy man! crazy man! His greed got the best of his better judgement. He's not the first and certainly will not be the last.

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It is high time for some real honesty in the arguement.....

The only real differance between what the AA's consider legal and illegal is the fact that they come from differant servers. In the case of many P2P programs, the servers are peoples' own personal computers at home. But, it's still just differant servers. Now some servers you pay money to access, but that's the case anyway (there are alot of servers across the net that require payment to access).

The fact of the matter is that NO ONE wants people to stop downloading music and movies. There just simply is too much money to be made from it. Regardless of who it actually is getting the money. ISP's, cell phone companies, Apple, and a whole slew of others are pushing people to do it.....it's no differant from what KaZaa did.

With KaZaa, your likely to get some sort of computer infection. With Itunes, your likely to get some sort of DRM. When it comes right down to it, there is no real differance there. Either way, your likely to end up with something you don't want. Especially with companies like Sony putting out things like root kits as thier DRM.

All humanity is affected in one way or another by all of this and the people have quite clearly stated they want to download music and movies. The only problem comes from the AA's as they are so "two-faced" that they will say that if you download these things "we will sue" (even if you are a 14 year old girl) and at the same time they will say that's "we want you to download these things". How can anyone be honest and say yes AND no?

The thing I see in the entire arguement is that the AA's want complete and total control. They don't want ANYONE making money unless most of the money that's made goes to them. This is wrong and the US does have laws against it. Despite any laws that also exist to protect copyright holders.

I'm all for they creaters of things getting financially rewarded for what they create. But, that is NOT what's happening here. The people that create the things that people are downloading actually get a very small percentage of that reward. This IS NOT due to the existance of P2P. It is because of the existance of the AA's. An artist at this point would be insane to sell their soul to these labels. I have no problem at all with paying the artist directly for what they create. If only that were an option.

This whole thing is about who controls who using pure BS as a crutch.

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I know this was about software rather than music and movies....

But in the end it ultimately comes down to the same thing. I do however agree that people should be smarter about what they do and how they do it. But, there are going to be idiots out there.

My only point here is about the ability to define ownership of something based on the 1's and 0's of the presence of an electrical charge.

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theirs one answer to stop it ...

lower your prices and stop being so f'ing greedy
companies could stop it over night if they charged a fair price.

and stopped ripping us off try loking at it this way for once

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lmao..

Lower your prices, or we'll keep stealing from you!

God, no matter how many times I hear it, that logic always makes me laugh.

Thanks, man. People like you make Mondays not quite so insufferable.

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> "Lower your prices, or we'll keep stealing from you!"

honestly, i believe you're an idiot. who did you hear the quoted phrase from? it's your own, screwed up translation of what people say.

unlicensed != stolen (for many many reasons)

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pc tool is right...a great percentage of people try to use euphomisms to hide behind a less than noble cause.

If someone, anyone, any entity decided to create and make something and charge whatever they wanted to, it's their right...not someone else's right to take it because it costs too much.

Much as in life, where an average Joe works for $25k a year and buys a $12k car versus the criminal who rather wishes to not work and carjack.

you can only hide behind words so long until logic makes you hit a wall

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rofl

Agreed.

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> ...people try to use euphomisms to hide behind...

yep. for example, by calling something "theft" when it isn't.

why not call it "rape", btw? would make even stronger point, and women would readily side with mpaa and such. it even makes more sense - when rape occurs, nothing material is taken away from the victim (with the exception of virginity cases), and some sort of "unlicensed" use definitely takes place.

> If someone, anyone, any entity decided to ... charge whatever they wanted to, it's their right.

not really. imagine mozart's heirs trying to charge royalties for his creations? not likely, right? because the "right" named above is given by our laws, not by someone's (even the creator's, or more likely, his employer's) sole wish.

again, unlicensed [software, music, etc.] != stolen [car, candy, etc.]

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theirs one answer to stop it ...

lower your prices and stop being so f'ing greedy


All I did was sum it up. Reading comprehension not your strong suit?

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yep. for example, by calling something "theft" when it isn't.

Theft - Taking that which you do not have permission to take.

Funny, but I think downloading music you didn't pay for and do not have permission to own fits quite well.

Check it:
http://www.usdoj.gov/cri...cybercrime/17-18red.htm

Language evolves. Ain't it grand?

People just don't like calling it theft because they like their free music too much... If they called it what it was they might start to feel guilty.

If someone, anyone, any entity decided to ... charge whatever they wanted to, it's their right.

not really. imagine mozart's heirs trying to charge royalties for his creations? not likely, right? because the "right" named above is given by our laws, not by someone's (even the creator's, or more likely, his employer's) sole wish.


This is funny. He makes a point about the owner retaining control of their productions and you somehow connect that to dead folks. I'd really love to see how you made that jump in logic.

First, any business or person has the right to determine how their productions are distributed. This includes the cost (if any) to the public for it's use (not it's ownership). This is, IMO, just. At least...for a time. Which brings me to your nifty little jump. You make a point about dead folks still bringing in money. Amazingly, I agree. Our copyright terms suck. Yoko shouldn't have gotten a dime off of John's work after his death. Elvis's estate should not *still* be raking in the dough, and Kurt Cobain shouldn't be growing wealthier after blowing his fool head off.

Germany's got this right. Copyright cannot be transferred. Upon the death of the producer, the works become public domain. This is logical, sensible, and IMO, the right way to do it. I'd also like to see copyright terms limited to 30 years and not able to be extended (for any reason).

So... To sum up:

Language evolves (neat trick, that)
You make interesting jumps of logic (another neat trick)
We actually agree on something (Kiss your loved one's, the end is nigh)

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Ethic Value is dead........

This guy deserves heavy sentence.

Monetary damage is as high as one serious offense to personal injuries.

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How do we go from Software to Rapists? Its up to the state judge and state law. I hear some guy in Idaho got life in prision for growing 1 pot plant... and? so? Sh*t happends... This software pirate was just lucky enough to draw the wanka ticket in the "im f*cked" lottery.. get over it.

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Sh*t happends

This attitude (and spelling) are exactly why this country is going to hell. No-one cares, due in no small part to a complete lack of focus on education.

get over it

Yeah. We wouldn't want to work on fixing it...that'd be too much like...work.

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Going to hell? This man broke the law.. too bad.. he got caught.. . want some whine with that cheese? Go back to France, you sound like a Lib :)

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I wasn't talking about the dude in the article. I was talking about your attitude.

Nice deflection, though.

Never been to France...I hear it's nice this time of year. I will probably have to hit Prague again this year though. Beautiful city, that.

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Come on, people...

This guy got at least what he desrved; and probably not enough. Does that have anything at all to do with rape or other crimes? No, not a bit. That's another problem altogether. But a rapist getting a light sentence is something to take up with your judiciary or legislature all on its own, and has nothing to do with what this guy got. You shouldn't use a bad rape sentence to judge every other sentence in the system!

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Add Telcos to yer list of pirates.

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This is s***...

Rapists and some people who murder get a lower jail time then this.

That 19 year old girl who raped a NEW BORN child with an old man got a few months in jail, this is so thick

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"Through the money made on the site, Ferrer was able to buy airplanes, a fighter jet simulator, and numerous cars. In order to repay the companies affected, Ferrer has been ordered to sell his assets."

Not an unfair punishment if you ask me. However, the fact that other crimes are not punished as they should be is indeed insane.

IMHO, ALL rapists should get the death penalty--before screaming at me, consider what I'm saying for a moment. The "over-crowded" (sigh) prisons would be emptied, even former "serial rapists" would think twice about doing it again, it would PREVENT more problems than it would punish. All it would take is a few failed attempts at appeal by those commies at the ACLU and the point would come accross.

Never gonna happen sadley, but that would be the best cure IMHO.

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"The "over-crowded" (sigh) prisons would be emptied, even former "serial rapists" would think twice about doing it again, it would PREVENT more problems than it would punish. All it would take is a few failed attempts at appeal by those commies at the ACLU and the point would come accross."

What? You mean in the same way that sentencing murderers to death prevents any other murders from taking place?

Yeah right.

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The number of murderers sentenced to death in this country is insanely low.

Compare it, just for a moment, to the number of murders committed.

Yeah. We need to work on that.

If there is incontrivertable proof (DNA, more than one witness, etc...) The death sentence should be mandatory for murderers.

/off-topic

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When you used the word "commies" your argument fell apart for me.

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I agree that prison is not the answer to serious criminals/crimes (or any crime for that matter) but i also believe that even the death penalty wouldn't deter *serial* rapists, they don't do what they do as a logical selfish decision (oh screw it, i've gone long enough without, i'm just gonna rape someone close to me, to hell with the consequences), no, they do it cause they have serious metal problems and don't think like normal people and not even the best punishment we could throw at them would worry them one bit.

Anyway, this article is about a greedy software pirate that got nailed, he deserved every bit of his sentence! ;)

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I remember getting spam from this chap a year or so back. I turned his a** in at MS'd anti-piracy site. I'm glad to see this dink brain got what was coming to him.

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Ha! Ha!

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...

Let this be a warning to all the
file-sharing crooks out there, too.

"Share a file. Go to jail !"

...

The Computer Rodent

...

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Wrong. Sell a pirated software and go to jail. That is where the true problem with piracy lies. Not in downloading itself, but selling it. Studies have shown that downloading alone has zero effect on sales.

In Canada it is not illegal to download for personal use.

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....and rapests are getting out in 1 - 2 years on parole.

I gotta tell ya, I'm not saying this guy did'nt do wrong but this country needs to go after real criminals. Not the goofballs.

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This goofball was ripping off companies like Adobe and Macromedia and others. Ferrer was able to buy airplanes, a fighter jet simulator, and numerous cars, does that sound like a goofball, he deserves at least 6 years, I would have given him more.

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...or both.

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The real issue is rapists and the like getting out of prison so early. The punishment should fit the crime. Which gives me an idea. Make this guy be a software salesman or do tech support for abusive customers.

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damn, if I get this money of money from selling bootleg, I would retire in an exotic island already. what's wrong with him by staying in the US?

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airplanes and a jet simulator!!!!!
this guy didn't know when to quit.
idiot!

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yeah - but he just wanted the "real" thing, not those Flight-"Simulators" on the desktop . . .

°_°

incredible that he got this amount of money. must have some nerves, he will now need in jail . . .

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Hope he's got plenty of vaseline.

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LoL :)

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