Software piracy indictment

[David Farber <farber () tmail com>]

-----Original Message-----
From: Meeks, Brock (MSNBCi) <Brock.Meeks () MSNBC COM>
To: 'dave () farber net' <dave () farber net>
Subject: Software piracy indictment
Date: Wed, 12 Mar 2003 14:06:14 -0800

                                                                        U.S.
Department of Justice

                                United States Attorney

                                Eastern District of Virginia

Paul J. McNulty                                                         2100
Jamieson Avenue(703)299-3700
United States Attorney
Alexandria, Virginia 22314<Fax Number>





        NEWS RELEASE

FOR IMMEDIATE RELEASE                           For further information
contact
Alexandria, Virginia                                            Sam Dibbley
703-299-3822
Wednesday, March 12, 2003       

        United States Attorney Paul J. McNulty and Michael Chertoff,
Assistant Attorney General for the Criminal Division, announced today 
the
indictment of Hew Raymond Griffiths, of Bateau Bay, Australia, on 
charges
related to his leadership of one of the oldest organized software 
piracy
groups on the Internet.  The Department of Justice also announced that 
it
intends to seek his extradition in the coming weeks.

        A federal grand jury charged Griffiths, 40, with one count of
conspiracy to commit criminal copyright infringement and one count of
criminal copyright infringement.  If convicted on both counts, the 
defendant
could receive a maximum sentence of ten years in federal prison and a
$500,000 fine.

        The indictment charges Griffiths, known by his screen nickname as
"Bandido," with being co-leader of  Drink Or Die, an illegal internet
software piracy group founded in Russia in 1993. The Internet software
piracy (or warez ) group expanded internationally throughout the 
1990's.

        During the three years prior to its dismantlement by federal law
enforcement in December 2001, the group is estimated to have caused 
the
illegal reproduction and distribution of more than $50 million worth 
of
pirated software, movies, games and music.      

        "Griffiths thought he was beyond the reach of U.S. law enforcement,"
said U.S. Attorney Paul McNulty.  "He will be proved wrong. We will 
seek
formal extradition from Australia in the coming weeks, but for now, 
the
message should be clear:  no matter who you are or where you live, if 
you
steal the intellectual property rights of individuals and businesses, 
we
will not stop at our borders to find you and bring you to justice."

        "The internet makes this type of law enforcement cooperation across
international borders essential," said Michael Chertoff, Assistant 
Attorney
General for the Criminal Division.  "The indictment of Hew Raymond 
Griffiths
shows that international cooperation can result in effective criminal
enforcement on a global scale."


        "While combating terrorism is our top priority, agents with the
Bureau of Immigration and Customs Enforcement will continue to 
vigorously
pursue those who use the Internet to commit crimes," said Michael 
Garcia,
Assistant Secretary for Immigration and Customs Enforcement at the 
U.S.
Department of Homeland Security.  "Operation Buccaneer clearly 
demonstrates
federal law enforcement's resolve to stop cyber pirates and prosecute 
them
to the fullest extent of the law."

        According to the indictment, Griffiths oversaw all the illegal
operations of Drink Or Die, a warez group that specialized in  
"cracking"
(i.e., removing or circumventing embedded copyright protections) 
software
and then distributing the "cracked" versions to the warez scene.  
Members
stockpiled illegal software at huge Internet computer storage sites 
commonly
referred to as "FTP sites." They were filled with tens of thousands of
individual software, game, movie and music titles worth millions of 
dollars.
The group used encryption and an array of other sophisticated 
technological
security measures to hide their activities from law enforcement.

        In December 1999, the defendant granted an interview to an online
news source proclaiming he ran Drink or Die's day-to-day operations 
and
controlled access to more than 20 warez FTP sites worldwide.  He gave 
this
warning to others engaged in Internet software piracy:

                "I hope more people start to realize that we play a
dangerous game. . . when you play with fire, you can indeed get burnt. . 
. .
and prison is not a nice thing guys."
        
        Griffiths' indictment is the latest action arising from the joint
U.S. Customs/Department of Justice investigation known as "Operation
Buccaneer", the largest international online copyright piracy 
investigation
ever conducted by federal law enforcement.  To date, 20 defendants have 
been
convicted in the U.S. on charges of felony copyright infringement, 16 
of
those in the Eastern District of Virginia.  Ten defendants were 
sentenced to
terms of imprisonment of between 33 and 46 months, the longest 
sentences
ever imposed for online software piracy. Six additional defendants are
currently awaiting trial in the United Kingdom.  Spin-off investigations 
and
prosecutions are ongoing in the U.S., Finland, Norway and Sweden.  
Federal
officials credited the assistance of the Australian Federal Police in
identifying Griffiths and executing searches at his residence in 
Australia.


        Prosecuting the case for the United States are Assistant United
States Attorney Robert Wiechering; Michael DuBose, Senior Counsel, 
Computer
Crime & Intellectual Property Section (CCIPS), and Michael O'Leary, 
Deputy
Chief, CCIPS.
###
-- Dave

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