"Hulk" Pirate Walks Plank
Don't mess with the big green man.
An Internet movie pirate who uploaded a rough-cut bootleg of The Hulk has been smacked with a three-year probation and fines.
Kerry Gonzalez, 26, who pled guilty to felony copyright infringement in June, was sentenced by U.S. District Judge Gerald Lynch on Friday to six months home confinement along with the probation. He'll also pay a $2,000 fine and $5,000 in restitution to Universal, confirmed the studio.
Granted, Gonzalez's restitution is peanuts compared to what Universal claims it potentially lost in ticket sales when he released an early version of Ang Lee's Hulk on the Internet before the movie's official debut. But it's a symbolic victory for the beleaguered industry, which feels preyed upon by online pirates.
"This outcome sends a strong message to anyone who steals or abuses intellectual property by uploading or downloading it on the Internet," Karen Randall, general counsel for Vivendi Universal Entertainment (Universal's parent company), said in a statement. "The Internet is not an anonymous place," continued Randall, who noted, "?illegal behavior is transparent and traceable."
A rough cut of Hulk, sans FX or soundtrack, was widely criticized after its release on the Web because of its poor quality, prompting Universal to sic its computer whizzes on the pirate's trail.
The leak was traced back to New Jersey-based Gonzalez, who had received a "work print" of the movie from a friend of a friend who worked at a Manhattan advertising agency that was involved in the marketing campaign with Universal. No word on what happened to the agency employee who originally passed out the tape.
Gonzalez, who made a copy of the work print on his personal computer, attempted to erase a digital security tag attached to the film (he failed, which is what ultimately led to his arrest) and then uploaded his bootlegged version to a Netherlands-based chatroom, where it quickly spread around the Web.
Once the studio fingered Gonzalez, it tipped off the FBI, who nabbed the Hulk enthusiast. Now, Gonzalez faces a permanent record for his feature film felony that will "undoubtedly have a profound effect on the rest of his life," said Randall.
The Motion Picture Association of America joined Vivendi in crowing at the legal victory, which both hope will dissuade others from posting digital copies of movies on the Internet.
"This sentencing makes clear that there are serious and permanent consequences for those who steal motion pictures," said MPAA prez Jack Valenti in a statement. Last year, his organization declared war on the increasing number of pirates who engage in illegal movie and video trading with special software designed to track and identify copyrighted movies being illegally shared on the Web.
Ultimately, the movie industry fears file-sharing will have a negative effect on its box office ticket sales, in much the same way song swapping has made a dent in record sales.
Just this month, the Recording Industry Association of America cracked down on file-swappers, filing a grand total of 261 federal lawsuits against music lovers it accused of copyright infringement.
On Monday, the trade group revealed it had settled 52 of the suits for an undisclosed amount. Meanwhile, another 12 people settled before they could be sued and 838 computer users applied for RIAA's Clean Slate amnesty program, whereby they promise to delete or destroy their "hot" tunes and avoid being sued.
Don't preach to Gonzalez, he's become one of the converted. At Friday's sentencing in New York, he lamented the damage to his reputation and his bank balance and spoke of how his family had been devastated by his actions. He also said that he wanted to use his experience to teach others about the consequences of piracy.





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