Online Pirate Faces Prison for Criminal Infringement

ALEXANDRIA, Va. — In a press release issued this week, The U.S. Department of Justice announced that a jury in U.S. District Court for the Eastern District of Virginia has found Barry Gitarts of New York guilty of conspiracy to commit criminal copyright infringement.

Gitarts faces up to five years in prison, a fine of $250,000, three years of probation and a requirement that he make full restitution.

Gitarts was reportedly a member of an Internet piracy group called the Apocalypse Production Crew (aPC). The DoJ claimed and the jury agreed that Gitarts paid for and administered a computer server located in Texas that aPC group members used to upload and download hundreds of thousands of pirated digital files that included music, movies, software and video games, work for which he was remunerated.

APC was a "first-provider" or "release group" of unauthorized materials online, the agency said. According to the DoJ, aPC was one of many such groups, which are considered original sources for a majority of illegally downloaded content.

"Music piracy is stealing and, unless you want to end up in a federal prison, don't do it," Chuck Rosenberg, U.S. attorney for the Eastern District of Virginia, said.

According to a blog post this week in the Los Angels Times, "Gitarts was actually the 15th member of the group to be convicted. The other 14 pleaded guilty to crimes related to the activities of the aPC, which once was one of the release groups that sat atop the online piracy pyramid. More interesting, all but one of these defendants were identified and charged months after the former leader of the aPC, then 21-year-old Mark Shumaker, pleaded guilty to federal charges of criminal copyright infringement stemming from a series of raids in December 2001."

The Recording Industry Association of America (RIAA) lauded the conviction.

"The crimes committed here — as well as the harm to the music community — are severe, and so are the consequences," RIAA executive vice president for antipiracy Brad Buckles said. "Groups like aPC that specialize in leaking pre-release music are at the top of the piracy pyramid, and the efforts of federal law enforcement have dealt a real blow to these kinds of operations."

US DoJ Press Release

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