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X-Men 'pirate' gets a year in the slammer

Allegedly uploaded unfinished movie to his Megaupload account
Tue Dec 20 2011, 17:03

A MAN has been sentenced to a year in US federal prison after uploading an X-Men film to a filesharing web site.

According to the Verge, Gilberto Sanchez allegedly uploaded an unfinished version of the film X-Men Origins: Wolverine to his Megaupload account, from which it was then shared across the internet. Prosecutors claimed this resulted in "millions" of copyright infringements, despite the fact that the film ended up grossing $373m worldwide.

Sanchez pleaded guilty in March to one count of uploading a copyrighted work being prepared for commercial distribution. He said that actually he had purchased the film on a Bronx street corner near his house. However, the original source of the working print was never identified.

US prosecutor Andre Birotte Jr said in response to the ruling, "The federal prison sentence handed down in this case sends a strong message of deterrence to would-be Internet pirates. The Justice Department will pursue and prosecute persons who seek to steal the intellectual property of this nation." µ

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Comments
Was it worth it?

I'll bet this guy is having second thoughts about piracy now. It's only going to get worse as countries increase the penalties for piracy.

posted by : Boris, 22 December 2011 Complain about this comment
Hmm... Another MAFIAA Troll?

@Bob

"denial and stupidity"

Seems to work for the MAFIAA rather than find a better solution.

posted by : OMG, 21 December 2011 Complain about this comment
Stupidity is not a good legal defense

As this lad learned the hard way denial and stupidity are not a good legal defense. See if it works any better for you when you get to court.

posted by : Bob, 21 December 2011 Complain about this comment
Mafiaa trolls?

@Kent, Derby and JT

Interesting view, so which people do you want to fill up your prisons with

1)Copyright infringers
or
2) Muggers, Drug dealers, rapists, armed robbers etc

Personally I know which I'd prefer behind bars.

Also do bare in mind that you the tax payer are paying for this, because these corporates have paid for this to become a criminal offence, so they don't have to cover the legal fees of a civil case. the real sting here is these same corporates will use every legal trick to avoid paying Corporation Tax, so you the US tax payer cover it. So who is dumb, the copyright infringer, or you the tax payer for letting your elected official play patsy to the MAFIAA

posted by : OMG, 21 December 2011 Complain about this comment
No, this was not "stealing", per existing USA case law

For all of those who say this was "stealing" or "theft", you are wrong. Look up the 1985 case of Dowling vs. United States. The US Supreme Court ruled that copyright infringement, while illegal, IS NOT THEFT. So, please, all of you who are claiming it's theft, please learn something about the law and *actual* judicial precedent. At worst, this should've been a civil case, and had it been a rich and/or famous defendant who can afford a good attorney or who is politically connected, it most certainly would have been a mere civil case.

posted by : Sum Yung Gai, 21 December 2011 Complain about this comment
So Now What And So What

Now the movie is old news and can probably be downloaded from likely a hundred places on the web. OR recorded off pay TV, OR Satellite, OR Cable feeds.
What he did IMHO is wrong but really in the end did it take away from box office or DVD sales? I enjoy the big screen experience of the theater and that is where I spend my money. So the guy is in prison and now society is so much safer and more secure.

posted by : Wayne, 21 December 2011 Complain about this comment
Addendum to other comment

They are basically using the term of stealing as one might say "He stole a glance of my wife" while we say such things in speech, you cannot press charges for "stealing a glance" because nothing has been REMOVED. Sure he might have (to use a digital concept) copied the image of your wife into his mind, but he didn't do anything to remove the image from your mind, or remove the possibility for you to continue to create new images in your mind.

posted by : BonezTheGoon, 21 December 2011 Complain about this comment
Stealing

Seriously, stealing is when something is removed from its rightful owner such that the owner can no longer use it. Unless they can prove that Gilberto's actions actually resulted in loss of income I don't see how it can be defined as theft. People need to wake-up and realize that in the digital era we need new words and concepts. Sure it's defined in law that his actions are unlawful, fine. Please don't call it theft or stealing though unless you can substantiate that something was actually TAKEN AWAY from the rightful owner.

posted by : BonezTheGoon, 21 December 2011 Complain about this comment
To the unintellectual masses

@worrisome Yes, there are people who are dumber than dimwits, unfortunately those people are usually called corporate politicians and run a majority of many countries such as the USA.

They simply want to use scare tactics to get a response such as "I'm afraid of what they might do" While they continue to make insurmountable profits. Sadly our society is at a level where it bows to such corporate greed rather than common sense and progression.

Only when our world is free of these chains such as religion, politics, and corporate greed will we ever become prove to be a race truly worth any value.

posted by : Michael G, 21 December 2011 Complain about this comment
YOU GUYS DONT GET IT?

THE GUY NEVER STOLE THE MOVIE? HE BOUGHT A COPY FROM SOME STRANGER ON THE SIDEWALK? WHAT HE DID WAS HE POSTED IT ONLINE FOR OTHERS TO STEAL? AND FOR NO PERSONAL BENEFIT TO HIMSELF?

HEAD SHAKE TIME? NO? OH.

WELL ANYWAYS I THINK YOU GUYS JUST FUNDAMENTALLY DONT UNDERSTAND WHAT HAPPENED.

posted by : SHOUTER, 21 December 2011 Complain about this comment
@worrisome

There is a good reason for sending him to prison. See a reasonable person knows that piracy is a crime and so they refrain from piracy. A dimwit who thinks they are above the law pirates figuring they'll never get caught and if they do they'll get a slap on the wrist.

Now they are working on laws for mandatory prison time for piracy because there are people even dumber than dimwits. Punishment is meant to be a disincentive and a few years in the slammer should prove educational for the slow learners and those in denial.

posted by : JT, 21 December 2011 Complain about this comment
Worrisome

The corporate Police now have corporate judges. I agree what he did is wrong and he should be punished but not to the extent of going to prison.

posted by : me, 21 December 2011 Complain about this comment
They make prisons...

...for those who can't live within the laws of society.

posted by : Darby, 20 December 2011 Complain about this comment
He should have mugged someone in the street

Well, he would have got off with a caution, wouldn't he?

posted by : leo maxwell, 20 December 2011 Complain about this comment
Boo Hoo

Pirate and go to prison. Have a nice life.

posted by : Kent, 20 December 2011 Complain about this comment
$373 million worldwide earning ..

$373 million worldwide earning, record earnings .., I thing they have to say thank you, not to jail him.

Film copy was best advertising worldwide for this movie, so after watching on PC most of the people were watching it in the theater

posted by : Mike, 20 December 2011 Complain about this comment
THERE YOU GO THEN

THE CURIOUS THING IS, WHEREAS 80% OF THE POPULATION HAS SHOPLIFTED SOMETHING AT ONE TIME OR ANOTHER, IT IS THE "CHOSEN FEW" WHO GO OUT OF THEIR WAY TO POST THEIR STOLEN IP ON THE INTERNET FOR EVERYONE ELSE TO STEAL, AND FOR NO PERSONAL PROFIT AT ALL.
ANOTHER CURIOUS THING IS, WHEREAS X-MEN IS A DUFF FILM FEATURING JEAN LUC PICARD OF ALL PEOPLE, AND YOU GET JAILED FOR IT, YET ONE CAN FREELY DOWNLOAD ALL THE VHS DUBS OF "THE GOODIES", "GOODY GOODY, YUM YUM", WITHOUT ANY REPERCUSSION AT ALL!
ITS LIKE, WHO WOULD BOTHER WITH X-MEN WHEN YOU CAN SCORE SCORES OF GOODIES FOR FREE AND NO POSSIBILITY OF PROSECUTION?
HEAD SHAKE TIME.

posted by : SHOUTER, 20 December 2011 Complain about this comment
bastards

US justice at its best ... can't find the culprit, so lock up the nearest Latino dude

posted by : I know, 20 December 2011 Complain about this comment
I got the impression

the released versions were unfinished.

posted by : Tom, 20 December 2011 Complain about this comment
aboutus
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