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Shane Pitman, leader of the warez group Razor 1911: life after prison (2005)

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111–120 of 231 posts

Re: Shane Pitman, leader of the warez group Razor 1911: life after prison (2005)

#113

Earlier quoted context omitted.

I'm the last person to defend corporations. That said, US corporations definitely don't avoid "paying taxes." The corporate income tax rate imposed by the federal government is 21%. Employees pay income and social security taxes on top of those earnings after. From the moment a company earns income until it lands in the hands of employees the government can take as much as HALF of it. This includes everyone on salary…

> That said, US corporations definitely don't avoid "paying taxes." Multinational corporations definitely do. They'll register themselves in a country with a cheaper corporate tax burden then argue that their income / sales is generated from that country rather than their actual country of origin. Thus reducing the amount of tax they have to pay in the US (or UK, etc).

Irrelevant due to Global Intangible Low-Taxed Income (GILTI)

Re: Shane Pitman, leader of the warez group Razor 1911: life after prison (2005)

#114
post #91

Earlier quoted context omitted.

That's why it's always important the jury be educated on their rights to decide verdicts however they see fit.

Juries do not have the “right” to ignore the law. Juries are required to follow the law as set forth in the judge’s jury instructions. Their job is just to determine the facts and apply the law to the facts. As a legal matter, nobody gives a shit what twelve random people think about the law enacted by the democratically elected legislature. “Jury nullification” therefore isn’t a “right” it’s a loophole. It arises fr…

When you consider the fact that police are lying sacks of garbage, you don't need to nullify anything. You just find the state's witnesses non-credible.

I think most will admit, they have a bias to believe agents of the state. This preconceived bias should be treated no different than a preconceived bias to the contrary.

Re: Shane Pitman, leader of the warez group Razor 1911: life after prison (2005)

#115
post #26

I'm pretty sure that I'd have stopped with just probation, yes. Having the feds raid your house, confiscate all your gear, and put you through the hell of their investigations for a year was enough of a wake up call for me. The gap between a sufficient punishment and what he actually got is the harshest reality in all this. It's very similar to what people have gone through for small marijuana related offenses.

This is why I never understand people who get mad at ‘lenient’ sentences for crimes. There are no crimes I would commit where, say, 1 year in prison wouldn’t be a deterrent but 5 years would be. If the point of prison is to deter crime, then adding longer sentences isn’t going to change anything.

It is interesting to see the raw visceral reaction to the DC council attempting to reduce prison sentences for crimes committed in the city. Congress even got involved to make sure it didn't happen, which has not happened in decades. Apparently a 14 year sentence for carjacking is not enough deterrent, it must be 20 years according to Congress, the President, and even the mayor of DC.

Re: Shane Pitman, leader of the warez group Razor 1911: life after prison (2005)

#116
post #79

It doesn't serve society at all for this type of non-violent crime to result in prison time.

It's never made sense for copyright violations to be a criminal offense.

Naaah. If you're doing it for profit, and running a big duplicator farm or selling things online, it can make sense for it to be a criminal offense. But the laws are not crafted that well.

Re: Shane Pitman, leader of the warez group Razor 1911: life after prison (2005)

#117

Why do people like him think copyright laws are bad and made by rich people, but also support open source software, which relies on the same copyright laws to exist. If hes an anarchist then fine, but it looks like he wants laws that benefit him and not people that actually write software. I read the whole thing and I still don't know why he did it. He says there was no money incentive and his work had no impact on p…

While it's possible that he did it for clout or as a FU to software companies, I think many people, including myself, pirated software in the early days of computing because the software itself was rare and cool. There were no demos back then to try software before you buy, and many people used software like Photoshop, Flash, 3D Max, etc for personal projects that made no profit. Even today, it's hard to justify paying $600 for a program that you aren't sure you actually like just to hopefully create some cool stuff to show your friends.

As for the "people that actually write software", I couldn't care less. It's been shown over and over that piracy never made the effect on thier bottom line that large software companies led many to believe. Simply put, people didn't buy these things because they considered them overpriced luxuries for simple hobbyists. The only choice was to pirate the software, or to never get to use it. As someone who writes software myself, I have no sympathy for people who want harsh punishments for someone who steals their stupid little program. Sure you put hard work into it, but so did a lot of people who offer their software for free. Generally, my thought is that these people are more upset that their software failed to make the impact that they thought it would or failed to generate the profit that they had dreamed of. Piracy was never at fault for either of those. They need to cope

Re: Shane Pitman, leader of the warez group Razor 1911: life after prison (2005)

#119
post #109
post #77

Earlier quoted context omitted.

https://www.justice.gov/archives/jm/criminal-resource-manual... > The principal criminal statute protecting copyrighted works is 17 U.S.C. § 506(a), which provides that "[a]ny person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain" shall be punished as provided in 18 U.S.C. § 2319. Section 2319 provides, in pertinent part, that a 5-year felony shall apply if the…

I'm not a lawyer, but how does the "for purposes of commercial advantage or private financial gain" apply to this guy, when he apparently didn't make any money from that?

(digging)

A Road to No Warez: The No Electronic Theft Act and Criminal Copyright Infringement - https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?refer...

> The Act effected six principal changes to criminal copyright law. First, the NET Act expanded the Copyright Act's definition of "financial gain" to include the receipt (or expectation of re­ ceipt) of anything of value, including other copyrighted works.24 Second, in addition to willful infringement for commercial ad­ vantage or private financial gain, the Act criminalized the repro­ duction or distribution, in any 180 day period, of copyrighted works with a total retail value of more than $1,000.25 Third, the Act said that evidence of reproducing and distributing copy­ righted works does not, by itself, establish willfulness.26 Fourth, the Act changed the punishments for criminal infringement. For infringements of more than $1,000, the punishment includes im­ prisonment of up to one year and a fine.

This was passed in 1997 which is what he was convicted under.

The text of the law is: https://www.congress.gov/bill/105th-congress/house-bill/2265

which... is rather short:

No Electronic Theft (NET) Act - Amends Federal copyright law to define "financial gain" to include the receipt of anything of value, including the receipt of other copyrighted works.

Sets penalties for willfully infringing a copyright: (1) for purposes of commercial advantage or private financial gain; or (2) by reproducing or distributing, including by electronic means, during any 180-day period, one or more copies of one or more copyrighted works with a total retail value of more than $1,000. Provides that evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement.

Extends the statute of limitations for criminal copyright infringement from three to five years.

Revises Federal criminal code provisions regarding criminal copyright infringement to provide for a fine and up to five years' imprisonment for infringing a copyright for purposes of commercial advantage or private financial gain, by reproducing or distributing, including by electronic means, during any 180-day period, at least ten copies or phonorecords of one or more copyrighted works which have a total retail value of more than $2,500.

Provides for: (1) up to three years' imprisonment and fines in infringement cases described above (exclusive of commercial gain intent considerations); (2) up to six years' imprisonment and a fine for a second or subsequent felony offense under (1); and (3) up to one year's imprisonment and a fine for the reproduction or distribution of one or more copies or phonorecords of one or more copyrighted works with a total retail value of more than $1,000.

Requires, during preparation of the presentence report in cases of criminal copyright infringement, unauthorized fixation and trafficking of live musical performances, and trafficking in counterfeit goods or services, that victims of the offense be permitted to submit, and the probation officer receive, a victim impact statement that identifies the victim and the extent and scope of the victim's injury and loss, including the estimated economic impact of the offense on that victim.

Directs the U.S. Sentencing Commission to ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property is sufficiently stringent to deter such a crime and adequately reflects consideration of the retail value and quantity of items with respect to which the crime against intellectual property was committed.

---

Note that (2) in the second paragraph is an or, doesn't require commercial or private gain and the expansion of "personal gain" to include "got access to other works."

Re: Shane Pitman, leader of the warez group Razor 1911: life after prison (2005)

#120

Earlier quoted context omitted.

"...adults got sent to jail and had their lives ruined." I'm sure it is a polemic terrain, but I really wonder if this is fair. Eager to hear opinions.

I think it depends on the case. Some of the leaders of those groups were basically using minors like myself as cover in the same way street gangs did, and doing a lot more than piracy. I think the folks that got hit for their actual fraud deserved it, but folks that just cracked and released games were unfairly targeted, very few profited from it, and I think a profit incentive is where I consider the crime to be mor…

Thanks for your comments. I've been pirating one way or another for a couple of decades. Always always saw the crackers as someone who did it for anything but money.
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