On trial, thanks to the SPA, sort of ...
3 months ago, the NET act radically changed how software pirates could be prosecuted in America, removing not-for-profit loopholes that had been written before massive copying of copyrighted material took no more than an ftp client. 3 months later, the NET act has yet to make an appearance. Robert DePew was the most recent victim of the Software Piracy Association's (SPA) assault on copyright infringement. Though DePew's website, which provided visitors with serial numbers and cracks, was specifically mentioned by the SPA during debate before passage of the NET act, DePew was not prosecuted under the terms of the NET act. DePew was never even tried at all, as the case was settled outside of court. In an interview with scenelink, he discusses the experience.
Who are you? I'm 36, family of 4, work for International Paper on the loading dock where I am starting to think my talents are going to waste, addicted to the computer as most of you are or you would not be reading any of this. I pay my bills and taxes on time, Middle Class, served in the military in South Korea as Military Police assigned to the 501st M.I. Group - boy wouldn't the guys get a kick out of this now. What was the site like? 100+ Megs of cracks and serial numbers... If you needed something it more than likely was there. Why was it up? I still ask myself that question from time to time. It must have been for the reason most of us look for cracks and such. We are tired of paying the high cost of software that does not work as advertised. As for running it, it was like a natural high... I would get behind in updating it and I would feel guilty that it was not up to date. I must have put in 4-6 hours a day posting and changing things. Why do you think your site was chosen? As for how they found it, someone must have reported it somewhere. I was contacted via a summons delivered to the door around 6pm on Oct 23 while I was at work. Why was I chosen? I bet they did a credit check and saw that I did not have the resources to fight them for long. As to where my name on the site surfaced, a payback will come somewhere sometime, maybe not soon and not where it will be expected. Who was behind the trial? I think it was the SPA, I have found out that my site was brought up by Sandra Sellers of the SPA before the committee in charge of the new software law that was passed in Dec of 97. I was not charged under the new law, only under the old law. It seems like the SPA was trying to get another press release to make themselves feel important. How do you feel you were treated? Trial, there was no trial. Had no money for defense, and it would have cost $10,000+ to fight them. To them it was more like spare change. They started by wanting $180,000 (you can not get blood from a turnip), my system, and all papers concerning the site. What better way to fight them than with a copyright attorney for myself. It's funny that they try to nail you and their clients are just as guilty of having warez on their own servers. They later dropped to $9600, then $4800, and we still would not talk to them... then they dropped to $3600 and we offered $1200. They came back with $1800. My attorney fees were getting up there and the difference from the $1800 to what it would have cost to go on was not worth it When you ran the site, were you aware of the NET act? I didn't not really think about it at the time while running the site. You look at the punishments and it's mostly community service and such with suspended fines and court orders to stop doing it. How aware are/were you of the warez scene? All I will say on that is see no warez, speak no warez, hear no warez. I ran a bbs at one time for 9 years and have seen a lot. How has this incident affected your life, and your attitude towards the warez scene? Not really affected my life, or my attitude towards the warez scene. DO IT BUT DON'T GET BUSTED. IF BUSTED FIGHT THEM. If I had the money for the fight I would have fought them tooth and nail. Remember this was an out of court settlement, not a trial as the SPA seems to make everyone think. I never saw anyone connected with this from their side. 1.) $50 per month for 36 months or as the official papers say 36 timely payments (is that 1 per day for 36 days) or do it like they want me thinking of them for 36 months (that will be the day). 2.) Court Order against doing it again (if caught again it's the full $180,000. Wish I had 1% of that in the bank right now). 3.) A report on my activities. Too bad the sites in my report are missing and were they ever even up to begin with? I WILL NOT RAT ON ANYONE FOR ANYTHING, BUT DO NOT TELL ON ME OR YOU MAY FIND ME ON YOUR DOORSTEP SOME NIGHT WHEN YOU HAVE FORGOTTEN ABOUT ME. Maybe delivering a pizza you did not order.