Police report for big time software pirate?

[mramerican1]

What is the name of your state NC

I have an on going dispute with a buyer who i have now seen resells computers, Will police open a report for software piracy?

The user currently has 60 laptops for sale on ebay
ALl claim to have Microsoft Office 2011 installed, and iLife
When contacting this person they confirm no CD is included no install media -
The cost of the software is more than the price they are selling the computers for
even if they are using a volume license, doesnt individually selling systems attached to that license break the law?

I can request serial numbers and maybe even purchase a few of the systems with the bootleg software on it and offer it to the police?

 

[mramerican1]

This person also has these systems for sale on craigslist if that matters, you could litterally set a meet with the guy to bring the equipment with the bootleg software on it the same day

 

[quincy]

What is the name of your state NC

I have an on going dispute with a buyer who i have now seen resells computers, Will police open a report for software piracy?

The user currently has 60 laptops for sale on ebay
ALl claim to have Microsoft Office 2011 installed, and iLife
When contacting this person they confirm no CD is included no install media -
The cost of the software is more than the price they are selling the computers for
even if they are using a volume license, doesnt individually selling systems attached to that license break the law?

I can request serial numbers and maybe even purchase a few of the systems with the bootleg software on it and offer it to the police?

Please add these questions to your other thread(s). Thanks.

https://forum.freeadvice.com/consumer-contracts-guarantees-warranties-22/i-am-seller-ebay-case-found-my-favor-buyer-does-chargeback-629087.html

https://forum.freeadvice.com/online-purchases-sales-87/paypal-chargeback-5400-items-not-described-help-please-629230.html

 

[mramerican1]

This is a different topic - does anyone have anything to contribue on this topic?

 

[quincy]

This is a different topic - does anyone have anything to contribue on this topic?

Your questions here appear to be directly related to your other threads, in the second thread of which you were told to keep all related questions to a single thread.

That said, I can tell you that nothing prevents you from making a police report. You can also report suspected piracy to the holder of the trademark. They will do with this information what they will.

To report software piracy to Microsoft: https://www.microsoft.com/en-us/piracy/reporting/default.aspx

To report software piracy to the Business Software Alliance: https://reporting.bsa.org/r/report/add.aspx?src=us&ln=en-us

To report software piracy to the FBI: https://www.stopfakes.gov/article?id=Federal-Bureau-of-Investigation-FBI

And again, you can report piracy to your local police.

 

[CdwJava]

You can REPORT the piracy to the local police, but do not expect them to do anything about it since YOU are not the victim. And, virtually all local law enforcement agencies in the US will lack the jurisdiction or capability to effectively pursue such an investigation even if it were in their purview to investigate. If they do anything it will be to refer the matter elsewhere for either civil action, or a state or federal agency that might look into it.

But, the best bet might be to report them to the agencies whose links were provided. They can choose to act if they choose.

Now, it is possible that a case for fraud can be made - if the agency of jurisdiction has a victim of the fraud. If you did not buy one of his computers which lacked a valid Office or iLife, then there is no victim. And, if the seller lives in another state from the victim, even THAT crime would likely go dormant as the police are unlikely to pursue a single purchase across state lines for what may be a misdemeanor only in that state.

 

[quincy]

You can REPORT the piracy to the local police, but do not expect them to do anything about it since YOU are not the victim. And, virtually all local law enforcement agencies in the US will lack the jurisdiction or capability to effectively pursue such an investigation even if it were in their purview to investigate. If they do anything it will be to refer the matter elsewhere for either civil action, or a state or federal agency that might look into it.

But, the best bet might be to report them to the agencies whose links were provided. They can choose to act if they choose.

Now, it is possible that a case for fraud can be made - if the agency of jurisdiction has a victim of the fraud. If you did not buy one of his computers which lacked a valid Office or iLife, then there is no victim. And, if the seller lives in another state from the victim, even THAT crime would likely go dormant as the police are unlikely to pursue a single purchase across state lines for what may be a misdemeanor only in that state.

I know that police agencies throughout the country will no doubt handle reports of piracy differently so a report by mramerican1 to his local police in North Carolina might not be as effective as making reports to the specific agencies I linked to.

That said, I know in Michigan it is possible to report piracy (counterfeiting/infringement/whatever or suspicions of same) to the police and the police will then transfer the report to the proper Michigan agency (generally a local FBI office, the office of which may also pass it on, possibly to the IP rights-holder) or will refer the person who is making the report to the proper agency.

 

[CdwJava]

Maybe. Slapping a very general report in an envelope and mailing it to another agency is a common means of passing such a thing along. Generally, though, this results only in said envelope being filed away at the agency where it has been mailed unless the sending agency makes some follow-up inquiries.

Many agencies - even in MI - will probably not even take such a report since there is no victim, and an eBay ad is not even proof that a crime had occurred ... anywhere ... much less within the local agency's jurisdiction - maybe not even within the state. If there is some agency that has the time to take non-crime reports that do not involve them, great. That's their choice and their money.

The local agency may be more inclined to provide contact info for the relevant agencies - as you previously provided - that might be interested in looking into the matter. Though a few dozen laptops resold on eBay may not be sufficient to intrigue federal law enforcement, it may draw a civil action by the relevant aggrieved parties if they have an interest to pursue the investigation.

 

[quincy]

... If there is some agency that has the time to take non-crime reports that do not involve them, great ...

Piracy of rights-protected goods is a crime. The word piracy has become the common (but not legal) term used to describe criminal infringement.

I agree that an eBay ad will probably be of more interest to the rights-holder than to the local police. The trademark holder (in this case Microsoft) will investigate the eBay ad, the sales and the seller. Whether the FBI becomes involved depends on the origin of and the extent of the illegal sales.

 

[mramerican1]

This person has 50+ computers up with said bootleg software, does this effect things ? also you can see his sales history he has sold hundreds

 

[quincy]

This person has 50+ computers up with said bootleg software, does this effect things ? also you can see his sales history he has sold hundreds

Use the links provided to report any suspicions you have. You will probably not learn the results of any investigation into the seller that might be conducted.

 

[CdwJava]

Piracy of rights-protected goods is a crime. The word piracy has become the common (but not legal) term used to describe criminal infringement.

Remember the words, "Probable cause." The OP pointing out to his local PD that a guy is selling laptops on eBay is NOT probable cause to believe a crime has been committed. They will not look into it. If they take a report even for basic info it would be a huge surprise.

If they do anything, they will offer him possible resources for organizations that may be interested. Most of those will deal with the matter civilly, not criminally. The FBI does not tend to take on small value cases. The dollar value to get the feds involved in anything must generally be quite high - mid to high five figures, usually. And, with just an ad? They couldn't even get a search warrant!

If the local police were so inclined, and the seller was within their state and nearby, the local police MIGHT be willing to order a laptop and see if there can be a case for fraud. But, I can't imagine them doing this on speculation, and certainly not on if the seller is out of state.

 

[CdwJava]

This person has 50+ computers up with said bootleg software, does this effect things ? also you can see his sales history he has sold hundreds

Does the ad state he has bootleg software?

Have you purchased any of these items and found them to be illegal?

Where does the seller live? Does he live in your jurisdiction? Another state?

You can certainly call your local police, but if they do anything it will be to refer you to the links already provided by quincy and MAYBE some local or state offices that might investigate these matters. Your typical police or sheriff's department is not going to get embroiled in this.

The police, state, or federal law enforcement are not going to look into an ad if that is all you have. There are many thousands of ads every day on eBay, Craigslist, and local newspapers that offer for sale items that MAY have bootleg software, counterfeit audio CDs, movies, handbags, shoes, etc. The ads, by themself, do not constitute enough to open an investigation and divert resources.

 

[quincy]

Remember the words, "Probable cause." The OP pointing out to his local PD that a guy is selling laptops on eBay is NOT probable cause to believe a crime has been committed. They will not look into it. If they take a report even for basic info it would be a huge surprise.

If they do anything, they will offer him possible resources for organizations that may be interested. Most of those will deal with the matter civilly, not criminally. The FBI does not tend to take on small value cases. The dollar value to get the feds involved in anything must generally be quite high - mid to high five figures, usually. And, with just an ad? They couldn't even get a search warrant!

If the local police were so inclined, and the seller was within their state and nearby, the local police MIGHT be willing to order a laptop and see if there can be a case for fraud. But, I can't imagine them doing this on speculation, and certainly not on if the seller is out of state.

I doubt that the local police will do anything except take the report and forward it to the proper agency (often the local FBI office).

Again, the FBI and the trademark holder generally will be the ones most interested. The FBI typically becomes involved in piracy and counterfeits after an investigation by the trademark holder but sites like eBay are patrolled by trademark holders, copyright holders and federal agents on a regular basis.

Although a rights-holder can file an infringement lawsuit, the DOJ will file criminal charges against those involved in widespread counterfeiting or the marketing of pirated goods.

mramerican1 should do nothing but make a report. If he suspects the goods are illegal goods, he should not purchase any. His suspicions should not be used in his other eBay action against the laptop buyer. mramerican1 should not accuse this seller of any illegal act. Let those who know how to investigate these crimes do the investigation.

 

[CdwJava]

I doubt that the local police will do anything except take the report and forward it to the proper agency (often the local FBI office).

I am going to speculate that they won't even take the report. Report for what? An ad? For what MIGHT be a crime in an outside jurisdiction? Agencies lack the resources to take courtesy reports for things that MIGHT be a crime in outside jurisdictions. I can go onto Craigslist right now and find all manner of questionable things that MIGHT be crimes. The police are rarely in the business of taking reports for things that MIGHT be a crime. A referral, sure. But, a guy coming in and saying that this ad is selling bootleg software on computers and he knows it because they are bad people? That's not going to get very far.

Again, the FBI and the trademark holder generally will be the ones most interested. The FBI typically becomes involved in piracy and counterfeits after an investigation by the trademark holder but sites like eBay are patrolled by trademark holders, copyright holders and federal agents on a regular basis.

Hence the reason he should follow those links, first, and not deal with the locals. Dealing with the local police may either get him frustrated, or a false sense of completion if they say they will act on it and do not.

Although a rights-holder can file an infringement lawsuit, the DOJ will file criminal charges against those involved in widespread counterfeiting or the marketing of pirated goods.

Widespread ... which, for the feds, tends to involve a dollar value. I cannot say what their current practices are, but if this seller is large enough, maybe they will get involved.

I suggest he go to the copyright holders and, maybe the feds. If they are so inclined to act, they will. Though the OP may never discover what - if anything - they do. If he wants his pound of flesh, this will likely not grant him that satisfaction.