Piracy Of Software Prosecutions Under Us Statutes
🔍 Software Piracy: Legal Framework
What Is Software Piracy?
Software piracy involves the unauthorized copying, distribution, or use of software protected by copyright. It violates the intellectual property rights of software developers and companies.
Relevant Laws
Copyright Act (17 U.S.C. §§ 101 et seq.)
Protects original software as literary works; illegal copying is copyright infringement.
18 U.S.C. § 2319 (Criminal Infringement of a Copyright)
Criminalizes willful infringement for commercial advantage or private financial gain.
18 U.S.C. § 2320 (Trafficking in Counterfeit Goods)
Covers trafficking in counterfeit software.
Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030
Sometimes used in cases involving unauthorized access to software or systems.
⚖️ Key Software Piracy Prosecution Cases
1. United States v. LaMacchia, 871 F. Supp. 535 (D. Mass. 1994)
Facts: Defendant ran an online bulletin board distributing pirated software.
Issue: Can criminal copyright infringement be applied if there’s no commercial gain?
Holding: Court dismissed the criminal charges, stating current law required proof of commercial advantage or financial gain.
Significance: Led to the enactment of the No Electronic Theft Act (NET Act) in 1997, which criminalized piracy even without profit.
2. United States v. Aleynikov, 676 F.3d 71 (2d Cir. 2012)
Facts: Defendant downloaded proprietary software code from his employer before leaving.
Issue: Whether downloading code violated CFAA or copyright law.
Holding: Court overturned CFAA conviction (code wasn’t “access” in a criminal sense) but affirmed theft under other statutes.
Significance: Clarified limits of CFAA in software theft; focused on copyright and trade secret law.
3. Microsoft Corp. v. Harmony Computers & Elecs., Inc., 846 F. Supp. 208 (D. Ariz. 1994)
Facts: Defendant sold unauthorized copies of Microsoft software.
Issue: Liability for selling counterfeit software.
Holding: Court ordered injunction and damages for copyright infringement and trafficking in counterfeit goods.
Significance: Demonstrated civil remedies alongside criminal enforcement.
4. United States v. Marrero, 904 F.3d 251 (5th Cir. 2018)
Facts: Defendant was convicted of pirating and distributing software for financial gain.
Issue: Application of 18 U.S.C. § 2319 for software piracy.
Holding: Affirmed conviction, emphasizing the intent for financial gain.
Significance: Reaffirmed criminal liability under copyright law.
5. United States v. Spies, 371 U.S. 49 (1962)
Facts: Although older, important precedent for criminal copyright infringement.
Issue: Intent and conspiracy in copyright violation.
Holding: Established that willful infringement for commercial purposes is criminal.
Significance: Foundation for criminal piracy prosecutions.
6. United States v. Walker, 191 F.3d 326 (2d Cir. 1999)
Facts: Defendant copied and distributed software illegally.
Issue: Willfulness and knowledge in copyright infringement.
Holding: Court upheld conviction, showing that ignorance of copyright status is no defense.
Significance: Reinforced that defendants must be aware their conduct is illegal.
7. United States v. Harkins, 1999 WL 459041 (E.D. Pa.)
Facts: Defendant sold pirated software over the internet.
Issue: Jurisdiction and applying federal statutes to online piracy.
Holding: Court accepted jurisdiction and convicted under federal law.
Significance: Showed reach of federal statutes to online software piracy.
🧠 Summary Table
| Case | Key Issue | Takeaway |
|---|---|---|
| LaMacchia | Profit requirement for criminal | NET Act removed profit requirement |
| Aleynikov | CFAA limits on software theft | CFAA not always applicable; focus on copyright |
| Microsoft v. Harmony | Counterfeit software sale | Civil and criminal remedies enforce piracy |
| Marrero | Financial gain intent | Intent is key to criminal liability |
| Spies | Willful infringement foundation | Basis for criminal copyright infringement |
| Walker | Knowledge of infringement | Ignorance no defense |
| Harkins | Online software piracy | Federal reach extends to internet piracy |
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