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Copyright Cases - U.S. v. Bailey (Barber) (S.D. Ind.)


 

Second Man Sentenced for Trafficking in Counterfeit Computer Software

June 1, 2001


Timothy M. Morrison, United States Attorney for the Southern District of Indiana, announced that ROOSEVELT TOBIAS BAILEY, JR., formerly of Indianapolis, and now a resident of the Atlanta, Georgia area, was sentenced to 18 months imprisonment today by U.S. District Court Chief Judge Larry J. McKinney following his guilty plea to trafficking in counterfeit computer software and tax evasion during the 1996 and 1997 tax years. The case was the result of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service with the assistance of the Adobe’s Anti-piracy Department and the Software & Information Industry Association.

ROOSEVELT TOBIAS BAILEY, JR., doing business as THE ATLANTA GROUP, ATLANTA MICRO SYSTEMS, INDIANA MICRO SYSTEMS, ATLANTA GROUP OF COMPANIES, and WORLD TECHNOLOGIES GROUP, operated businesses selling computer software and hardware by telephone, and through vendor booths at weekend computer shows in Indiana and other states in the Midwest. Beginning in December, 1997, and continuing until May 30, 1998, ROOSEVELT T. BAILEY, JR. and TERRY LORENZO BARBER sold numerous copies of computer programs which were produced without authorization from the legitimate copyright holders, which included Adobe Systems, Inc, and other software manufacturers. BAILEY and BARBER bought these unauthorized copies from sources in the United States and sold them to retail customers. BAILEY and BARBER also produced their own unauthorized copies by using compact disk recording hardware. In both instances, the true copyright holders were not compensated for the use of their software.

Adobe Systems, Inc. was the copyright holder of several programs, including Adobe Pagemaker 6.5 ®, Adobe Acrobat 3.0 ®, Adobe Dimensions 3.0®, Adobe Photoshop 4.0 ®, Adobe Illustrator 7.0 ®, and Adobe Acrobat Distiller 2.1 ®, which BAILEY and BARBER illegally sold on a compact disk labeled "Adobe Suite" for approximately $75. The MSRP of these programs totaled approximately $4,768.

Between December, 1997 and May 30, 1998, BAILEY and BARBER received a total of approximately $25,053 from the sale of illegal software. If the same software had been sold through authorized channels of distribution and with proper authorization, together with the inventory in infringing software which BAILEY and BARBER had on hand on May 30, 1998, then the copyright holders would allegedly have received approximately $1,434,589 for this software.

According to Assistant United States Attorney Steven D. DeBrota, who prosecuted the case for the government, Judge McKinney also imposed 3 years supervised release following BAILEY’s release from imprisonment. BAILEY was ordered to forfeit all of his computer equipment and inventory.

TERRY LORENZO BARBER, a co-defendant from Radcliff, Kentucky, was sentenced on May 10, 2001 by U.S. District Judge Larry J. McKinney following his guilty plea to trafficking in counterfeit computer software. BARBER received 4 months community confinement, 3 years of probation and was ordered to pay restitution in the amount of $25,053.00.

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