U.S. Department of Justice - CyberCrime.gov Archived

Copyright Cases - U.S. v. Rodriguez (S.D.N.Y.)

August 17, 2004

Department Of Justice
Southern District of New York
United States Attorney
Herbert Hadad, Megan Gaffney
Public Information Office
(212) 637-2600
Joseph A. Valiquette
James M. Margolin
(212) 384-2715, 2720
(212) 637-2600

Manhattan Man Arrested On Federal Charge Of Selling Pirated Computer Software

DAVID N. KELLEY, the United States Attorney for the Southern District of New York, announced that ALEX RODRIGUEZ was arrested today on federal charges stemming from his alleged sale of, and supplying others with, pirated computer software in Manhattan.

According to a criminal Complaint unsealed today, RODRIGUEZ operated a stand on East 14th Street in Manhattan, from which he sold unauthorized copies of copyrighted computer software. According to the Complaint, in July and August 2004, RODRIGUEZ, operating from this stand, twice sold pirated software to an undercover FBI agent. On one of those occasions, the Complaint alleges, RODRIGUEZ sold an illegal copy of Macromedia Flash MX -- a program related to Web site development that normally retails for approximately $499 -- to the undercover agent for $30.

Additionally, according to the Complaint, RODRIGUEZ supplied illegal computer software to another individual who operated a stand on East 23rd Street in Manhattan and that individual supplied pirated computer programs to another individual who sold the illegal software over the Internet Web site, Cheap-Student.com, in 2003.

The Complaint charges RODRIGUEZ with one count of criminal copyright infringement for selling more than 10 copyrighted software titles with a total retail value in excess of $5,000.

If convicted of the charge, RODRIGUEZ faces a maximum sentence of 10 years in prison and a fine of $250,000 or twice the gross gain or gross loss from the offense.

Mr. KELLEY praised the outstanding efforts of the Federal Bureau of Investigation's computer crimes squad. Mr.

KELLEY also thanked the Business Software Alliance and Macromedia, Inc. for their assistance in the investigation of this case.

Mr. KELLEY said the investigation is continuing.

RODRIGUEZ, 27, a resident of Manhattan, was arrested this morning by FBI agents and will be presented later today before United States Magistrate Judge HENRY B. PITMAN. Assistant United States Attorney ALEXANDER H. SOUTHWELL is in charge of the prosecution.

The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty. 04-178


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