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EliteTorrents admin wins a year and a half vacation behind bars

Daniel Dove, the 26-year-old Clintwood, Virginia resident and administrator of BitTorrent tracker EliteTorrents, was sentenced Tuesday to 18 months in prison and a $20,000 for his role in the site.

Dove pleaded “not guilty” in his trial, which wrapped up late last June. The jury was unconvinced, however, as prosecutors described a site rife with piracy: A Department of Justice press release of the conviction claimed EliteTorrents “attracted more than 125,000 members,” who downloaded pirated movies “more than 1.1 million times.”

That same release accused Dove of “[recruiting] members who had very high-speed Internet connections, usually at least 50 times faster than a typical high-speed residential Internet connection, to become Uploaders, as well as operating “a high-speed server, which [Dove] used to distribute pirated content to the Uploaders.”

EliteTorrents’ rise to fame, and its subsequent demise, can be traced to a copy of “Star Wars Episode III: Revenge of the Sith”, which the site pre-released approximately six hours prior to its theatrical premier. After attracting the attention of the MPAA, an investigation into the site by the FBI resulted in the site’s closure in May 2005 (“Operation D-Elite”), as well as the arrest of three administrators.

Of those arrested – Scott McCausland, Grant Stanley, and Daniel Dove – only Dove plead not guilty. McClausland and Stanley immediately received a far more lenient sentence: five months’ prison and five months’ house arrest, with Stanley facing an additional fine of $3,000.

Dove’s conviction is notable for the fact that it is the first criminal P2P case to reach a jury trial.

Elsewhere in the world, UK authorities charged the administrator for invite-only music BitTorrent tracker OiNK with “conspiracy to defraud,” after a joint investigation by the music industry and local authorities resulted in its closure last October. Two of OiNK’s users, whom rumors say uploaded unreleased music to the site, were also charged on one count of copyright infringement for the upload of a single CD.



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wow
By THEDUNECOON on 9/11/2008 8:00:07 PM , Rating: 1
this guy pays 20k and the women who dled like 10 songs gets to pay WAY more???




RE: wow
By dragonbif on 9/11/2008 8:13:41 PM , Rating: 4
Did she go to jail for 18 months or at all? Where did she get sentenced at compared to this case? I ask because I missed that one.


RE: wow
By ChoadNamath on 9/11/2008 8:27:46 PM , Rating: 2
Hers was a civil trial, not a criminal trial. They didn't have any authority to imprison her, although there apparently wasn't anything stopping them from giving her a ridiculously disproportionate fine.


RE: wow
By Samus on 9/12/2008 8:23:07 PM , Rating: 3
I'd make a joke about federal prison, but...you get the point :P


RE: wow
By Tamale on 9/11/2008 8:21:32 PM , Rating: 2
i thought the ridiculous fines were just what the RIAA had set the fine at.. I thought the sentence was actually much lower


RE: wow
By tmouse on 9/12/2008 10:19:06 AM , Rating: 2
They could still sue him in civil court, which now has a way better chance of succeeding due to the criminal conviction.


Huh
By gerf on 9/11/2008 8:01:36 PM , Rating: 2
So now do they arrest heads of Time Warner, Comcast, AT&T for providing the high speed Internet speeds?

Then they'll arrest the heads of Intel and AMD (and Via?) for providing faster processors necessary to run Bittorrent? The next week, they'll include the heads of Cisco, Microsoft, Apple, Linux's Linus, Seagate, Western Digital, Fujitsu, Sony, HP, Dell, Google, Yahoo........

Really, we need a more detailed article. It's not illegal to have a network. It is illegal to knowingly encourage copyright infringement, which can be a fine line to walk.

Lastly, I find it HIGHLY ironic that he's fined less than that woman who made available 24 mp3s online.




RE: Huh
By Fnoob on 9/11/08, Rating: -1
RE: Huh
By AFMatt on 9/11/2008 8:34:57 PM , Rating: 2
He wasn't busted for the site. This isn't like most of the other torrent sites, which are usually nothing more than links. He was busted for providing a server with pirated files, and recruiting people to seed them.

As far as the 24 song woman goes, the judge has since stated he made a mistake with how he instructed the jury to act on the case. The rules have changed for the RIAA where they have to prove download numbers to justify their fines. Her case will either go back to court or be thrown out because it will be difficult to prove anyone downloaded songs from her.


RE: Huh
By mindless1 on 9/11/2008 10:27:52 PM , Rating: 2
Yes the site was a factor and weighed as evidence. One count was conspiracy.


RE: Huh
By gerf on 9/12/2008 8:23:15 PM , Rating: 2
Ok, the feds never say the true reason he was convicted, just that he was sentenced for running a torrent site.

It's like the studios run their PR department.


RE: Huh
By AFMatt on 9/12/2008 11:02:43 PM , Rating: 2
Did you even look at the Dept of Justice link from the article?

"Dove was an administrator for EliteTorrents.org, an Internet piracy site that, until May 25, 2005, was a source of infringing copyrighted works, specifically pre-release movies. Elite Torrents used BitTorrent peer-to-peer (P2P) technology to distribute pirated works to thousands of members around the world. The jury was presented with evidence that Dove was an administrator of a small group of Elite Torrents members known as "Uploaders," who were responsible for supplying pirated content to the group. The evidence showed that Dove recruited members who had very high-speed Internet connections, usually at least 50 times faster than a typical high-speed residential Internet connection, to become Uploaders. The evidence also showed that Dove operated a high-speed server, which he used to distribute pirated content to the Uploaders."


What was missing?
By mindless1 on 9/11/2008 10:35:05 PM , Rating: 2
It seems as though a few central details were left to our imagination like exactly what the charges were and which he was found guilty of. A bit more digging makes it look like one count of conspiracy and one of copyright infringement.

I didn't dig long enough to find out of these were consecutive sentences, but the original FBI warning on EliteTorrents claimed it was up to 5 years which a conflicting report suggested 10.




Yeah the scumbag got off light
By Beenthere on 9/13/2008 9:33:28 PM , Rating: 1
He should have gotten a minimum 5 years in the slammer plus $10K per copy and all costs of prosecution and incarceration. Maybe on appeal they can add some time and costs on to this scumbags punishment.




By mindless1 on 9/11/2008 10:30:58 PM , Rating: 2
Way to stereotype, it's highly original. Oh wait, where was a lot of the pirated software developed? Oops.


By jajig on 9/11/2008 11:30:12 PM , Rating: 3
India?


By bodar on 9/12/2008 3:40:11 AM , Rating: 2
I'm sorry, what? Everything you say just sounds like "dee dee dee".

http://en.wikipedia.org/wiki/Shawn_Fanning


In the slammer?
By bigboxes on 9/11/08, Rating: -1
RE: In the slammer?
By elpresidente2075 on 9/12/2008 12:03:03 AM , Rating: 2
No, it is not the NY Post, it is a blog. What's your problem?


RE: In the slammer?
By JustTom on 9/12/2008 12:58:00 AM , Rating: 2
Actually it is an article on a tech site, not a blog.


RE: In the slammer?
By icanhascpu on 9/12/2008 11:47:09 PM , Rating: 2
Actually its a blog.


RE: In the slammer?
By akosixiv on 9/14/2008 7:24:46 AM , Rating: 2
[quote]Tom Corelis (Blog) - September 11, 2008 7:07 PM[/quote]

yep... there's gotta be a pretty big reason as to why the word blog is there just after the name of the member.


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