Legal Question in Technology Law in Florida

Software Piracy

I have a friend, who 6 months ago got raided by the FBI for selling pirated software. When my friend sent out the copied software to customers, he included a disclaimer and a copy of section 117 (copyright info) stating if they did not own the original software, the copy they bought from him must be destroyed. In essence, he was selling a backup service. Could he still be charged- even with the information he sent out to the customers?

Also, when the FBI was at his house, they told him if he cooperated fully, he would most likely not get any jail time- and also he would get his computers back in 4-6 weeks. It has now been 6 months with no computers returned. They offered him a plea deal where he could get 6 months in prison versus going to trial and possibly getting up to 5 years in prison. It seems as though the FBI lied to get a statement- they also never read him his Miranda Rights or asked him if he would like a lawyer present during the 6 hour interrogation.

Please help on this situation since time is crucial.


Asked on 6/29/04, 9:59 am

2 Answers from Attorneys
Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: Software Piracy

Your friend needs to hire a criminal lawyer to advise him on accepting a plea or going to trial. Anytime someone sells software that does not belong to them to another person, they may face civil and criminal penalties regardless of whether the buyer already has the software and is purchasing a back up copy.

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Answered on 6/29/04, 10:26 am
Regina Mullen Legal Data Services, PLC

Re: Software Piracy

Your friend needs a lawyer, and not an on-line service. it's not just his rights to get his computer gear back that are at issue, but his right to a fair trial should he contest it later. Police ALWAYS tell you that if you co-operate, things will go better. What they DON'T tell you is that you can still "co-operate" after having received advice of counsel.

With the Supreme Court the way it is, if you know about Miranda, then don't wait for the cops to tell you about it. Insist on your right to counsel, even if they threaten to lock you up for a few days. Your first phone call is to someone who can reliably get you a lawyer.

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Answered on 6/29/04, 2:25 pm


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