Copyright terror: Man sentenced to 15 years in jail for selling 6 counterfeit discs

The Justice Department isn’t exactly winnings its war on intellectual property theft — the attorney general says so himself. Until then, though, that doesn’t mean they are going to start going soft.

A Mississippi man was sentenced to 15 years behind bars and another three under supervised release this week after pleading guilty to selling five counterfeit DVDs and one bootleg music CD to an undercover agent.

Patrick Lashun King, 37, was sentenced by Judge Lamar Pickard of Copiah County Circuit Court after he pleaded guilty to six counts of selling pirated material, charges that he was lobbed with after an undercover agent attempted to purchase just a half-dozen homemade copies of music and movies the defendant wasn’t authorized to have up for sale.

When investigators searched King’s home and businesses, they eventually turned up 10,510 counterfeit discs and the computer equipment they believe he used to manufacture the bootlegs. The Clarion Ledger notes that authorities also uncovered a number of weapons, including an assault rifle, from King’s Hazlehurst, MS home, but it was only the six counts of piracy that will put him away until 2027.

King’s sentencing is the second of two piracy cases resolved in Mississippi court as of late that resulted in hefty sentences for the accused. On October 31, Antwun Sharell Jones of Meridian, MS was sentenced to two years for selling a single pirated movie.

“Anyone who is selling counterfeit goods in Mississippi should be well aware by now that he or she will be arrested and will face a serious prison term,” State Attorney General Jim Hood remarked of the so-called successes.

Brad Buckles, executive vice president of anti-piracy for the Recording Industry Association of America RIAA), hailed the latest prosecution and told Hood it “demonstrates that theft of intellectual property is treated as a serious crime in Mississippi.”


The prosecution says Buckles, “highlights the fact that the individuals engaging in these activities are frequently serial criminals for whom IP theft is simply the most convenient and profitable way they could steal from others.”

Speaking before the crowd at the Intellectual Property Law Enforcement Grant Award Event in Towson, Maryland last month, US Attorney General Holder announced that the federal government would be handing out $2.4 million to more than a dozen law enforcement agencies across the country to help crack down on IP theft. Touting the Justice Department’s accomplishments under the Obama administration, Holder announced that alleged IP criminals are about to face a tough challenge if they plan on continuing to dabble in counterfeiting.

“I’m proud to report that we now have 40 prosecutors and four computer forensics experts serving in the Computer Crime and Intellectual Property Section; 25 Computer Hacking and Intellectual Property – or, ‘CHIP’ units – in our U.S. Attorney’s offices; more than 260 specially-trained CHIP prosecutors ; more than 50 FBI IP Special Agents; a robust international IP program; and strong partnerships with a broad range of IP rights holders,” Holder said.

Holder also celebrated the so-called “success” of the administration’s case against alleged pirate mastermind Kim Dotcom, the founder of Megaupload.com who has yet to be prosecuted in the US — but acknowledged that the fight against IP crime will be a tough one to follow through with.

“As much as we’ve accomplished in recent years, we’ve also learned that the Justice Department can’t win this fight – and keep pace with today’s IP criminals – alone,” said Holder. “We need your help. We need the assistance of industry leaders, law enforcement officials, and IP crime victims. And we will continue to rely on the leadership and engagement of each one of this year’s grant awardees.”

And, until then, it seems as if the Justice Department will be just fine with sentencing the hell off of anyone that comes.

Meanwhile, a Texas man was also sentenced this week to 15 years in prison. Jason Shern was sentenced to a decade and a half after pleading guilty in the 2011 murder of a Central State University football player.


http://rt.com/usa/news/king-couinterfeit-selling-ip-630/

Six discs?

15 years??

I doubt that anyone here can, or would want to, defend this.

It cannot be justified, or justice.

It is totally disproportionate to the offence, as can be seen by the fact that it's the same sentence as a man got for MURDER.

There is definitely an agenda here, I just cannot see the sense and logic in such a sentence, not to mention the massive related costs.

Thoughts?

Jack

 

Totally disproportionate, and any country which has a ludicrous law like 'three strikes' which could send you to jail for 50 years, isn't unlike Soviet Russia.

 

A child rapist would not get 15 yrs.

 

I'm not sure it's legitimate to compare sentencing for "crimes of passion" like (most) rape or murder with professional crimes. The sentencing for the former should (though doesn't) be focused of public protection and the possibility of rehabilitation. For professional criminals, punishment and deterrence is more relevant.

Based on the raw numbers 15 years (18 with three suspended in fact) seems very high, though that makes me doubt the accuracy and completeness of the reporting as much as anything else. In the wider context as reported in other sources (maybe with less of an ulterior motive than RT), this man was a repeat offender who was clearly involved in much more than the actual reported convictions and I have absolutely zero sympathy for him.

He must have known what he was doing was illegal and should have known the potential consequences of getting caught. I think any questions regarding the sentencing should be focused on the legislation and sentencing guidelines involved. I doubt anyone commenting on this (myself included) have any idea what those are.

 

It's not the point.

You may as well then pass a law of all laws, making the breaking of ANY law to be met with being shot, right away.

After all, you could then apply your same principle to it...

 

The big boys can steal billions and get a few months in a resort. The peons sell 30 buck worth of music and get 15 years in jail. Ain't democracy wonderful?

 

The piracy thing is evidenly being used as a pretext for something else, imo...

 

While the punishment is over the top, Joe's logic makes sense, and it is the way that the laws work.

 

15 years is kinda low for a murder conviction. Especially in Texas. Perhaps guy #1 should have gotten guy #2's lawyer.

 

No, these are surely new laws.

And they are moronic.

 

But Jack it was the law and it was broken with intent. 15 years? a little steep but still the law was broken with intent.

 

A LITTLE steep???

 

I'll put it this way. Intellectual property law in the U.S. and a lot of the West is pretty ridiculous to begin with, but the story in the OP is actually nowhere near as depressing as first time offenders who have been fined hundreds of thousands of dollars for downloading music.

 

Well in my view and breaking of the law where there is intent should be met with the harshest punishment. 15 years is a little harsh yes a little. better punishment would be a few lashes and community service as well as a fine commensurate with the estimated damages to the claimant.

 

Yes it is.

He got fifteen YEARS!

 

Then why not just make it 15yrs min for breaking ANY law...

 

Yeah thinking about it it is a waste of money. It is not a little harsh it is inappropriate to spend thousands to imprison the guy. Lashes, fine, reciprocation to the companies in question and community service!

 

If there is malicious intent or intent to intentionally deprive another person or entity of their income, rights or property then death would be fine with me.

 

Right.

15yrs as a min for commiting any crime.

And you cannot see any flaws there?

 

Death!

Only when there is clear intent! Everything else walks.

 

Death!

Only when there is clear intent! Everything else walks.

 

the punishment does not fit the crime. The eighth amendment and all.


from wiki:
In Furman v. Georgia, 408 U.S. 238 (1972), Justice Brennan wrote, "There are, then, four principles by which we may determine whether a particular punishment is 'cruel and unusual'."

The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity," especially torture.
"A severe punishment that is obviously inflicted in wholly arbitrary fashion."
"A severe punishment that is clearly and totally rejected throughout society."
"A severe punishment that is patently unnecessary."

.......

Traditionally, the length of a prison sentence was not subject to scrutiny under the Eighth Amendment, regardless of the crime for which the sentence was imposed. It was not until the case of Solem v. Helm, 463 U.S. 277 (1983), that the Supreme Court held that incarceration, standing alone, could constitute cruel and unusual punishment if it were "disproportionate" in duration to the offense. The Court outlined three factors that were to be considered in determining if the sentence is excessive: "(i) the gravity of the offense and the harshness of the penalty; (ii) the sentences imposed on other criminals in the same jurisdiction; and (iii) the sentences imposed for commission of the same crime in other jurisdictions." The Court held that in the circumstances of the case before it and the factors to be considered, a sentence of life imprisonment without parole for cashing a $100 check on a closed account was cruel and unusual.

 

Okay.

If this man gets 15yrs for this, what tends to be the sentence given to a man caught downloading kiddie porn?

 

Who cares? Activist courts are paid off as well.

 

It was obviously a plea bargain. I wonder what he was facing if he didn't take the deal.

People shouldn't get hung up on what he was officially convicted of: he obviously got the absolute maximum for what he was officially convicted of, but his record won't show the much worse charges he could have been convicted of.