In the first two known criminal convictions involving peer-to-peer online file swapping, a New York man and a Texas man each pleaded guilty January 18 to felony copyright infringement and face up to five years behind bars and a $250,000 fine each at their April 29 sentencing.
William Trowbridge of Johnson City, N.Y. and Michael Chicoine of San Antonio, Texas were part of a probe known as Operation Digital Gridlock, which took aim at online piracy by way of the Underground Network, a group of seven thousand users who swap films, music, software, and computer games.
Perhaps needless to say, the Recording Industry Association of America was pleased with the guilty pleas.
“The RIAA welcomes and applauds today's unprecedented announcement. The Department of Justice and the U.S. Attorney for the District of Columbia have made it clear that those who operate peer-to-peer systems to flout the law by intentionally trading in copyright works will face the consequences," executive vice president Brad Buckles said in a statement. "These guilty pleas further demonstrate that the campaign of federal law enforcement against online piracy is both serious and steadfast.
Trowbridge and Chicoine were said to have owned, maintained, run, and moderated Underground Network hubs offering various digital media files from August 2002 through August 2004, according to the U.S. Justice Department, which said investigators downloaded about 35 copyright works from Chicoine's hub and over 70 from Trowbridge's.
What made the case different from other P2P court actions – such as attempts by the music and movie industry to thwart popular and high-profile P2P networks like Grokster and Morpheus – is that the Underground Network was managed by centralized computers that restricted participation.
Two federal court rulings in the past two years held that Grokster and Morpheus, which didn't maintain centralized databases, could not be held responsible for any copyright infringement committed by their users.
Trowbridge and Chicoine also pleaded guilty to acting for commercial advantage or private financial gain in the case.
“The copyright industries are one of this nation’s leading economic exports," Buckles said in his statement. "The illegal theft of music, movies, games and software is a threat to our economic security. It’s imperative and appropriate that federal law enforcement agencies do their part to help protect this vital economic and cultural sector.”
