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The Last Member of Piracy Group Convicted

In US trial concerning copyright infringement

By Traian Teglet, Technology News Editor

28th of May 2008, 12:34 GMT

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This was the group's logo, featured on torrent sites
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One of the largest criminal music piracy cases in the United States has ended with 25-year old Barry Gitarts being convicted of copyright infringement. The man, who was part of the so-called Apocalypse Production Crew, was found guilty by a jury last week in the Eastern District of Virginia. The APC was an online piracy group that specialized in stealing and disseminating music.

Gitarts, who is expected to be sentenced on August 8, faces a
maximum of five years in prison and a fine of $250,000. The man has also been ordered to make a full restitution to injured parties.

According to a press release from the US Attorney's Office of Eastern District of Virginia, the man had collaborated with the piracy group starting at least with June 2003, through April 2004. Gitarts was known under the alias name of "Dextro" and was the group's 15th member.

Records and testimony introduced at the trial proved "Dextro" was the one who paid and administered a computer server located in Texas, which the APC members used to upload and download copies of pirated music, movies, software and video games. The number of these files is reported to have been in the range of hundreds of thousands. Evidence introduced at the trial also showed that Barry Gitarts received payment for his services from the leader of the APC group.

Assistant U.S. Attorney Jay V. Prabhu said that members of the APC group were responsible for 8,142 music releases stolen between 1997 and 2004. From the Assistant Attorney's statement, it looks like once the group released a pirated album, it was uploaded on servers all over the world, within just five minutes. Practically, the APC acted as a "first-provider" of pirated content on the Internet, which makes the group accountable for the majority of pirated works distributed and downloaded via the Internet.

Apparently, Gitarts tried to destroy the evidence by installing Linux software on his server and deleting his Windows applications. The Government forensic specialists managed to find fragments of emails in which Dextro talked about music piracy.

The case is part of an ongoing federal action to take down piracy groups, an action known by the name of "Operation FastLink". Up until now, FastLink is responsible for more than 200 search warrants executed in 15 countries.

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music | torrent | piracy | lawsuit
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Comment #1 by: Legal Help on 05 Nov 2008, 15:13 GMT reply to this comment

Several facts mentioned in the above article nedds to be straitened out -
1. Barry Gitarts ran a business with 4 clients - one of which was APC guy.
He received payment as a part of regular business transaction to pay for a server set up and maintenance. At the time of the transaction the "APC" person requested that he needs a backup server. He did not mentioned that he is part of APC and this server will be used by APC.

2. The server Barry Gitarts set up and maintained via a host company, was a private server, it was not accessible by public via Internet. Whatever APC did - cracking protection codes, setting MP3 formats and moving data, he was not involved. He did not maintained nor ever access any of the other so called "all over the world" servers. Prosecution never accused him of doing these activities but implied that he was involved.

3. He installed linux on his personal computer, not on a server. He thought he had a virus as he lost connectivity to the server. Connectivity was lost because FBI already seized the server, but Barry did not know this at the time. Prosecution maintained that he installed linux on purpose to vipe out the the hard disk, and cover the tracks. But if he wanted to do this he would use a special software or remove hard drive on his PC alltogether.
There were hacker attacks on server in the past, which were documented by the host company and when Barry lost connection he thought his machine caught a virus from a server and he needed to reinstall OS. He went with Linux as he thought it will reduce chance of being attacked. All of it happened on his private machine, which was used as a client to connect to a server. The server was never altered.

4. APC witness at the trial never said that he knew him or dealt with him. He thought he may have seen his id in a chat room, but that by itself does not conclusively points that he was part of APC.

Legal help.

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