David LaMacchia

In 1994 David LaMacchia was violated wire transfer fraud regulation from MIT former student David LaMacchia, in other words it was sued against illegal copying of software. When the world is different LaMacchia created two Web sites "Cynosure" and "Cynosure 2" and connected to the Internet from November 21, 1993 to January 5, 1994. On his website LaMacchia basically allows Internet users to access MIT 's Athena workstation. It consists of many workstations. Various programs and utilities used in university.

America v. Ramacchia Incident 871 F. Supplement. 535 (1994) is a lawsuit decided by the Massachusetts State District Court in the United States, under copyright and cybercrime law at the time copyright infringement is infringed by noncommercial motive under the Criminal Rights Act There is nothing. . According to the current legal standards, as long as there is no incentive for profit, the judgment will cause so-called "vulnerability of Ramakkia" and criminal proceedings of fraud or copyright infringement will be dismissed.

Because of his pain, LaMacchia was indicted for charges of forfeiting telegram fraud as "an unknown person." According to the indictment, the purpose of fraud is to promote "illegal copying and distribution of copyrighted software" on "international scale" without paying license fees and royalties to software manufacturers and suppliers is. The action of Ramakkia is not for monetary gain, so the government is forbidden to condemn him as a copyright violation.

The goal of the government deserves praise, but considering the facts claimed in this case in particular, the telegram fraud law interpretation not only makes people's behavior like LaMacchia a criminal act, but also countless home computers I will make it. The user dies due to motion. Even copying the temptation of software programs that are used personally. It is unknown whether a criminal who consumes a large number of computer software is the result that he thinks is even desirable in the software industry.