How did they determine a retail value on mostly obsolete games?
3 years seems a little harsh, but if they came up with a high enough
retail value the sentencing guidelines puts you in that range.
Any info would be helpful.
Thanks!
Here is a press clipping at the time of the incident:
March 1st, 2001
STUDENT ARRESTED ON CRIMINAL COPYRIGHT INFRINGEMENT CHARGES FOR
DISTRIBUTING FREE NINTENDO VIDEO GAMES OVER THE INTERNET
United States Attorney
Western District of Washington
601 Union Street, Suite 5100Tel: (206) 553-7970
Seattle, Washington 98101-3903Fax: (206) 553-0882
Katrina C. Pflaumer, United States Attorney for the Western District
of Washington, and Charles Mandigo, Special Agent in Charge, Federal
Bureau of Investigation, Seattle Division, today announced that RYAN
M. CAREY, age twenty-two, of Uniontown, Ohio, a student at Ohio
University, has been arrested based on an Indictment filed in the
Western District of Washington, charging him with criminal copyright
offenses in violation of Title 18, United States Code, Section 2319
and Title 17, United States Code, Section 506(a)(2).
The Indictment alleges that between March 30, 2000, and May 31, 2000,
CAREY, who operated as "maccarey.com," made illegal copies of
Nintendo Game Boy, NES and Super NES video game titles (known as
"ROMS") available for free downloads over the Internet. Visitors to
CAREY's web site reportedly could download illegal copies of games
and play them on their personal computers. Nintendo of America, a
Redmond, Washington based company, publishes its video games for use
only on its proprietary game platforms such as Nintendo 64, NES,
Super NES, or Gameboy systems, not on personal computers. Nintendo
cooperated fully in the investigation. If convicted, CAREY could face
a maximum penalty of three years in prison and $250,000 fine.
Prior to November 1997, criminal copyright violations could be
prosecuted only if the accused infringed a copyright for commercial
advantage or private financial gain. In November 1997, however,
Congress expanded the criminal copyright laws by criminalizing the
mere unauthorized distribution by electronic means of at least 10
copies of one or more copyrighted works which have a total retail
value of more than $2,500. The amendments, known as the No Electronic
Theft or NET Act, were enacted at the urging of the Software Alliance
and other trade groups representing businesses engaged in selling
copyrighted materials. Piracy of copyrighted intellectual property
costs American businesses millions of dollars a year.
The United States Attorney reminds the public that the Indictment is
only a charge and that the defendant is presumed innocent unless
proven guilty beyond a reasonable doubt in a court of law.
For additional information, please contact Stephen Schroeder,
Assistant United States Attorney, at (206) 553-7970, or Lawrence
Lincoln, Executive Assistant United States Attorney, at (206) 553-
4127.
Well. If you google his name, it appears he went on to becomes a writer
about Beanie babies (well, that was written in '98 so it was before
anyway)
Other than that, the only other information is the above article :
http://www.nintendovillage.com/press/releases/archives/pr1.asp
I would take a stab and say that the case probably never made it to
court.. the publish artcile above was probably what they wanted, but Im
sure they have Ryan agreeing to not distribute nintendo roms again.