September 08, 2006

Software pirate gets record sentence

Web site owner ordered to pay $5.4 million in restitution for copyright infringement

A U.S. judge on Friday sentenced the owner and operator of iBackups.net to 87 months in prison, the longest sentence ever given for software piracy, according to a software trade group.

Nathan Peterson, of Antelope Acres, California, also forfeited nearly all of his assets to the U.S. District Court for the Eastern District of Virginia in Alexandria, and he agreed to pay more than US$5.4 million in restitution, the Software & Information Industry Association (SIIA) said. Peterson pleaded guilty to two counts of criminal copyright infringement in December.

At that time, the U.S. Department of Justice (DOJ) called Backups.net "the largest for-profit software piracy site ever shut down by law enforcement." The Web site illegally sold software that would have been worth $20 million on the retail market, the DOJ said.

Peterson will begin paying off the remaining $5 million in damages 60 days after his release from prison, at a rate of $200 per month.

In criminal piracy cases, the average damages resulting from pirated software are just over $9 million, or less than half of the $20 million caused by iBackups, SIIA said. The $5.4 million Peterson agreed to pay in restitution is eight times the average fine of $659,000, according to a SIIA study tracking U.S. Federal Bureau of Investigation cases on software piracy reported since 2000.

Peterson's site used Google.com text ads to find customers, SIIA said. Buyers should be aware of the possibility that software being sold through text ads might not be legal, the trade group said.

Neither the prosecutor nor Peterson's attorney immediately returned calls seeking comment.

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