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Intellectual Property News
Justice Department Announces Fifth Guilty Plea In P2P Piracy Crackdown
A fifth defendant has pleaded guilty in connection with Operation DElite, the first criminal enforcement action targeting individuals committing copyright infringement on a peer-to-peer (P2P) network using BitTorrent technology, Assistant Attorney General Alice S. Fisher of the Criminal Division and U.S. Attorney Eric F. Melgren for the District of Kansas announced today.
Sam Kuonen, 24, of Columbus, Ga., pleaded guilty to a two-count felony information charging him with conspiracy to commit criminal copyright infringement and criminal copyright infringement in violation of the Family Entertainment Copyright Act. The plea was entered before Judge Carlos Murguia, U.S. District Court Judge for the District of Kansas. Mr. Kuonen faces up to five years in prison, a fine of $250,000, and three years of supervised release. He is scheduled to be sentenced on July 16, 2007 at 10:30 a.m.
Mr. Kuonen’s conviction is the fifth in a series of convictions arising from Operation DElite, an ongoing federal crackdown against the illegal distribution of copyrighted movies, software, games and music over P2P networks employing the BitTorrent file sharing technology. Operation D-Elite targeted leading members of a technologically sophisticated P2P network known as Elite Torrents. At its prime, the Elite Torrents network attracted more than 133,000 members and facilitated the illegal distribution of more than 17,800 titles—including movies, software, music and games—which were downloaded over 2 million times. The virtually unlimited content selection available on the Elite Torrents network often included illegal copies of copyrighted works before they were available in retail stores or movie theatres. Mr. Kuonen was an “uploader” to the Elite Torrents network, responsible for supplying the network with the first copy of a particular movie or other content that was then made available to the entire network for downloading. Read more at cybercrime.gov.
The life of a copyright is longer than other IP rights.
Copyrights also endure longer than some other forms of IP. The copyright period protection cover the life of the author plus 50 years.
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Business information that is the subject of reasonable efforts to preserve confidentiality and has value because it is not generally known in the trade.
Fair use
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A statutory exeption that allows the use of copyrighted work for cetain purposes without requiring permission
Permission
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This is an agreement from a copyright owner allowing another party to exercise one or more of the exclusive rights provided the copyright owner under the Copyright Law (See FAQ Section 2.1.5. Permission generally does not involve the transfer of any fees or reimbursements. Permission may also be referred to as a Copyright Release.
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