Copyright Infringement - Software Piracy Questions

[Knowledge Kick]

What is the name of your state (only U.S. law)? New Jersey

Hey Guys,

I have a few concerns and questions that I need answered. I have Googled the laws extensively but would like some human perspective.

I have a friend who downloaded software from Vuze.com. The software is a language software and the torrent he downloaded contained files from a bunch of different languages offered by the company. My friend can burn the files onto a DVD and the DVD can be used on any computer. There is no installation required or anything like that. He has posted the software for sale or trade in various cities on Craigslist.com. Originally he was posting the listings and including the name of the software. Soon after he received a cease and desist letter from company demanding that he remove the listings and stop. After that, my friend decided to post the listings but this time not include the actual name of the company. In the postings he does not write the actual name of the software, but rather posts listings such as "language learning software for sale or trade". Since then he hasn't received anymore notices from the company. Once my friend receives emails from people who are interested he informs them of the name of the software and arranges to mail them the software. He later received payment via mail or PayPal. Like I said, I looked up all the technical legal punishments such as $250,000 fines, etc. I need your input on a few different questions.

1. Does the fact that the name of the software isn't publicly advertised matter at all?

2. How exactly are people usually caught? I've read that the FBI investigates these matters, but is that typical? Are they doing it on their own or are they asked to by the companies?

3. If caught, what is a realistic punishment? I have seen people sent to prison, but in the story I read the defendant had made millions off of the pirated software and had cars, etc. seized. Could you really go to prison?

4. If you are found guilty in civil court and are demanded to pay an astronomical figure in the hundreds of thousands, what do you do? Would you be forced to claim bankruptcy? Are you allowed to claim bankruptcy since theres no practical means for obtaining that kind of money?

5. Would you have any further warnings or would your house just get raided in an attempt to look for evidence?

6. What kind of lawyer would you need to defend yourself and how much would it cost? What could they do to help you?

Obviously this is a serious matter and your advice is greatly appreciated. I am aware of the laws and have looked up as much as I can but I value your personal input and would like to hear opinions on what would happen realistically.

Thank you for your time.

 

[TheGeekess]

Software piracy is software piracy. The FBI won't notify him/her when the raid will happen. People can get caught all sorts of ways; how does your friend know that he/she hasn't already sold copies of this software to an FBI agent or informer? Yes, one can go to prison for pirating software and the fines are meant to be punitive, so it doesn't matter how much actual money your friend is making off his piracy. You can always drop a dime on your buddy by contacting the Business Software Alliance.

Business Software Alliance

 

[FlyingRon]

This is exactly the type of things the criminal prosecutions are looking for. Do you think law enforcement hasn't figured out that Craigslist isn't a good place to look for criminals? It's like hanging around outside of bars at 2AM looking for drunk drivers. The legal term is "shooting fish in a barrel."

Even if he manages to dodge a criminal prosecution, many of the software publishers pursue very active civil actions that can be just as unpleasant for him.

Either way, lawyers will cost. He's looking at thousands of dollars in legal fees for even simple cases.

As for probabilities and strategies...this isn't the "how do I break the law forum." Maybe some of the WAREZ bbs's would be better suited for that.