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prison for software copyright conviction

patentandtrademarkpatentandtrademark subscriber Posts: 103
edited March 2009 in Protecting Your Ideas
Gubment taking software piracy very seriously these days.  Even when a judge has somebody pay hundreds of thousands of dollars, prison time is sought on appeal.  see http://caselaw.lp.findlaw.com/data2/cir ... 62484p.pdf</A>
USA vs DMITRI I. KONONCHUK - guy will probably do hard time - probably 18 to 24 months.
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  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    A dude in prison ain`t gonna be able to pony up $265,000 restitution - that`s pretty much reality and far from a stupid argument in my opinion.  The appeal placed some weight on the fact that the guy might not pay the restitution anyway since he might be deported.  There is certainly an argument to the guy going to prison under the sentencing "guidelines" - though I`m not wild about guidelines in general [a whole different topic].  If there was much more certainty about the guy making the $265,000 restitution, the prosecutor probably might not have even filed the appeal.  As it was, he did not really have the money and might have been sent back to Russia before the $265,000 restitution was paid.  No money?  Go to jail.
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  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    The amount of restitution was greater than his salary - that does not make it tough or impossible to pay?  $265,000 is a lot for anybody - especially when you bring home $4,000 per month, which is what the opinion said.
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  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    agreed.  the point is not that the amount of restitution was too much but that he most likely will go to prison because he can`t pay it back - and that going to prison virtually guarantees he won`t be able to pay it back.  the real life choice is often either prison or money.  no money?  the choice gets easy.  it`s that way in many criminal cases.
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  • nothinglikeitnothinglikeit subscriber Posts: 27
    Yeah Nikole I get your point. As a student right now I can either spend all my time in the lab or buy the program. I can`t afford even the "student" version. That just leaves the alternative of "borrowing it". Most student I know are learing the programs to become legit. I agree there are barriers to entry in every industry, but if  you can find a way around it I`m all for it.Now I have to admit that most of the students I know aren`t reselling them. It`s a silly prospect seeing as how nearly anyone with a computer can get it for free. Further I myself have not used these programs  "For Profit" just for learning. I did it for the very reasons you highlighted. Getting fined 10k is not cool. When the  time comes for me to graduate I`ll buy the real stuff. Until then, there are smart alternatives if you search for them.All in all I don`t think the companies care about piracy until you try to RESELL thier stuff. Then you`re in their pocketbooks.
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  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    I bet you are right - we`ll never know who would win such a bet.
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  • nevadasculnevadascul subscriber Posts: 3 Member
    Hi patentandtrademark,
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  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    while that is true in theory, the cases discusses sentencing as either prison or restitution, not both.  there was discussion that restitution was not a good idea because it would have taken a long time to pay and the guy may have been deported to Russia.  thus, the only other alternative was prison.
    Plus, if victims [e.g. Microsoft] are actually interested in receiving the money, as opposed to simply being owed the money, prison is bad.  prison very very rarely helps the money actually get paid.
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  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    every single person I have ever represented that has gone to prison, and that`s more than a few, has come out of prison worse off financially and less able to pay restitution, child support, etc...
    I have not made an argument for or against prison - that`s why you are confused by my argument.
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  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    My first two years of law were almost completely criminal cases with the public defender`s office.  After my wife graduated from law school, I became a patent attorney.   It was good litigation experience - rape, robbery, drugs - everything but dead bodies.
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  • OrangeHRMOrangeHRM subscriber Posts: 1

























    My view about this topic is
    the same when I think about book prices and copyright. A book is knowledge and
    knowledge must be shared to create development. But if the book is free, what
    would motivate some one to write one and by consequence create development?


    The same is about software.
    I agree with nhgnikole when she says that the prices is too high and some
    people has as only option buy a copy to learn how to use and achieve noblest
    goal (a job for example).


    But I also agree with Jeff.
    The software development involved too much effort and money from some people. Is
    fair charge some price and have a return on that. If it not happens, they have
    no more why create a new and better version.


    The same disruptive change
    GOOGLE and some academic networking are making with knowledge, the Open Source
    and its General Public License are making with Software.


    The power of COLLABORATION
    is behind this change, and will help to solve many other questions. For
    example:  How fair is the price of a
    software license? How much cost a software (License + Implementation +
    Support)? How dependent of a software company (MS) I became when I use it in a
    large scale? What will happen if this company goes to bankrupt? Who will provide
    me support or change the platform once I have no access to the source code?


    We have been developing a
    HR Open Source App for the past 3 years. The results, the way clients and
    developers join the idea is simply great. We have been helping small and middle
    size companies, who has no money to hire (license + implementation + support) expensive
    software, to improve their production level and become more competitive by
    using our free application (you pay only for the support, if you want). Just
    take a look at http://weblog.infoworld.com/openresourc ... e_erp.html


    And its not only about
    OrangeHRM. A considerable number of other Open Source companies are
    contributing to this change as sugarCRM, OpenBravo, Linux, MySQL etc.


    As a Open Source advocate,
    my opinion is that the power of collaboration and the appearance of Open Source
    will make all those questions and discussions irrelevant in a near future.


    Regards,









    O


    range


    HRM



    Inc.







    Telephone:







    +1-914-458-4254
    (USA)





    +94-11-550-5500 (Asia)







    web



    :
    www.orangehrm.com



    538 Teal Plaza





    Secaucus, NJ 07094






    Open Source HR
    Management


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