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Nintendo ROM Distributor Busted! " Katrina C. Pflaumer, United States Attorney for the Western District of Washington, and Charles Mandigo, Special Agent in Charge, Federal Bureau of Investigation, Seattle Division, today announced that RYAN M. CAREY, age twenty-two, of Uniontown, Ohio, a student at Ohio University, has been arrested based on an Indictment filed in the Western District of Washington, charging him with criminal copyright offenses in violation of Title 18, United States Code, Section 2319 and Title 17, United States Code, Section 506(a)(2). The Indictment alleges that between March 30, 2000, and May 31, 2000, CAREY, who operated as "maccarey.com," made illegal copies of Nintendo Game Boy, NES and Super NES video game titles (known as "ROMS") available for free downloads over the Internet. Visitors to CAREY's web site reportedly could download illegal copies of games and play them on their personal computers. Nintendo of America, a Redmond, Washington based company, publishes its video games for use only on its proprietary game platforms such as Nintendo 64, NES, Super NES, or Gameboy systems, not on personal computers. Nintendo cooperated fully in the investigation. If convicted, CAREY could face a maximum penalty of three years in prison and $250,000 fine. Prior to November 1997, criminal copyright violations could be prosecuted only if the accused infringed a copyright for commercial advantage or private financial gain. In November 1997, however, Congress expanded the criminal copyright laws by criminalizing the mere unauthorized distribution by electronic means of at least 10 copies of one or more copyrighted works which have a total retail value of more than $2,500. The amendments, known as the No Electronic Theft or NET Act, were enacted at the urging of the Software Alliance and other trade groups representing businesses engaged in selling copyrighted materials. Piracy of copyrighted intellectual property costs American businesses millions of dollars a year. The United States Attorney reminds the public that the Indictment is only a charge and that the defendant is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law."
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