Software Pirate Faces Criminal Charges

Prosecutions continued in a year-old U.S. government sting of Internet software piracy group DrinkOrDie Wednesday, as U.S. Attorney Paul McNulty announced the indictment of Hew Raymond Griffiths on charges of criminal copyright infringement.

Griffiths, who lives in Bateau Bay, Australia, is alleged to be one of the leaders of DrinkOrDie, using the screen nickname "Bandido," according to a statement issued by the U.S. Attorney's Office.

The U.S. will seek Griffiths' formal extradition from Australia, according to the U.S. Attorney's Office.

Operationg Buccaneer

DrinkOrDie was the subject of "Operation Buccaneer," a joint investigation by the U.S. Department of Justice and the U.S. Customs Service, as well as agencies in other countries.

The government cracked down on the group in December 2001, executing more than 65 searches in the U.S. and five foreign countries, including Australia. Twenty individuals have been convicted of felony criminal copyright offenses and ten sentenced to federal prison terms ranging from 33 to 46 months as a result of those raids, according to the DOJ.

In the three years prior to being broken up, DrinkOrDie is estimated to have pirated and distributed more than $50 million worth of movies, software, and music, according to the U.S. Attorney's Office.

In Control?

According to the indictment, Griffiths was a senior member of DrinkOrDie, controlling access to a server on which computer software was uploaded prior to being "cracked" (having its copyright protections compromised) and a network of FTP servers through which the pirated software was distributed.

Griffiths also informed DrinkOrDie's membership about the availability of newly pirated software programs, according to the indictment.

In court, Griffiths may find himself facing many of his former DrinkOrDie companions. Many of those who have already been convicted of piracy charges have agreed to cooperate with the U.S. government in its prosecution of Griffiths, according to Bob Wiechering, assistant U.S. Attorney for the Eastern District of Virginia.

Griffiths is the first foreign national to be indicted in Operation Buccaneer, though charges relating to the case may soon be filed against more individuals outside the U.S., including in the U.K., according to Wiechering.

Griffiths' extradition from Australia may draw out the process of bringing him to trial, according to Wiechering.

"We intend to seek extradition. How long it will take varies in every case and is dependent on many things, such as whether he contests his extradition," Wiechering said.

If convicted of both the charges against him, Griffiths could face a sentence of up to ten years in federal prison and a $500,000 fine.