17 February – LAWFUEL – The Law News Network – A Corona man was charged today with criminal copyright infringement for uploading onto a computer server a copy of the Johnny Cash biopic Walk the Line that had been sent to a member of the Academy of Motion Picture Arts and Sciences.
Luis Ochoa, 25, was named in a federal criminal complaint filed this morning with violating the criminal copyright laws, a charge that carries a penalty of up to one year in federal prison and a fine of up to $100,000.
According to the affidavit in support of the complaint, Ochoa boasted to others in an online chat community that he had a copy of Walk the Line and wished to upload it onto the Internet. One of the chat room members contacted the MPAA, which created a website on one of its internal computers that looked like a website typically used by persons who illegally swap movies. On December 21, 2005, just a month after Walk the Line debuted in theaters, Ochoa uploaded his copy of Walk the Line onto the MPAA’s server. Digital fingerprint testing revealed that the copy of Walk the Line Ochoa uploaded had been created for purposes of screening for the Academy Awards. Further investigation revealed that the screener had been intercepted in the mail before it reached the intended recipient.
Ochoa is scheduled to appear in federal court in Los Angeles on March 28.
A complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was investigated by the Federal Bureau of Investigation.
CONTACT: Assistant United States Attorney Brian M. Hoffstadt
Cyber and Intellectual Property Crimes Section
Release No. 06-022