Man who uploaded 'X-Men Origins: Wolverine' gets a year in prison
Hugh Jackman in "X-Men Origins: Wolverine."
LOS ANGELES (AP) — A New York man has been sentenced to a year in federal prison for illegally uploading and distributing a copy of "X-Men Origins: Wolverine" before the movie's premiere.
Forty-nine-year-old Gilberto Sanchez was sentenced Monday in Los Angeles federal court. The judge also imposed a year of supervised release and numerous computer restrictions.
Sanchez pleaded guilty in March to one count of uploading a copyrighted work being prepared for commercial distribution. Prosecutors say he admitted uploading a "workprint" copy of the 2009 film about one month before it was released in theaters, then publicizing the upload on two websites.
Prosecutors said in court documents that the film proliferated like wildfire throughout the Internet, resulting in up to millions of infringements.
Sanchez has a prior conviction for a similar offense.
Copyright 2011 The Associated Press. All Rights Reserved.
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Login or create a HitFix account Login SignupClay
December 20, 2011 at 11:17AM EST Reply to CommentI honestly think this charlatan scum should have gotten 20-25 years, maybe parole after 15 or 16, and should have a LIFETIME computer ban imposed on him, and if he ever violates that he gets automatic life sentence.
What an utterly horrible human being who got off absurdly lucky with a measly one year in prison for his crime.
DefRef Is this a failed attempt at sarcasm or do you really believe that uploading an unfinished movie should garner harsher punishment than rape and murder? Really?
December 20, 2011 at 11:49AM ESTMay we send the authorities over to examine your computer to ensure that you don't have any infringing content?
Clay Mr Deref, I am sincere in my belief. This crime is essentially the equivalent of staging an armed robbery and thieving several million dollars in cash. I say this because untold thousands of people may have watched this stolen version or versions derived from it instead of paying money to see the real version, depriving the studio and crew etc etc of money for each time this happened.
December 20, 2011 at 3:34PM ESTSurely, it adds up to millions of dollars in the end. This individual is responsible for a theft of millions. If it was a theft of seven dollar I think he should pay seven dollars and face no jail time, but surely such a brazen and reckless crime resulting in millions of dollars in stolen revenue is deserving of a harsher punishment?
If you insist I am willing to compromise on my belief and say he should be sentenced to 15 years, and get off on parole in 10 years if his behavior is absolutely exemplary and he exhibits genuine remorse for the permanent damage he has done.
Steven K Clay I agree largely with your sentiment but for one fact: the criminal here didn't necessarily "steal" millions, because he did not profit from his crime.
December 20, 2011 at 3:58PM ESTI am reminded of the scene in Dark Knight (a much superior film to Wolvereine lol but that's another story) where the Joker just sets that huge pile of money on fire, he just wants to cause chaos, he just wants to "watch the world burn".
This guy didn't "steal" millions, he DESTROYED millions.
Somehow that seems even worse than stealing. Senseless destruction is worse than stealing for profit, in a way.
I think all reasonable people can concur that the destruction of millions of dollars for no legitimate purpose warrants more than one year in jail. This criminal should be supremely thankful, indeed, he's a lucky dude to get away with this crime!
Tim Clay, an "utterly horrible human being"? Now look, I'm sure you're a saint who has never done anything questionable in your life, but your tirade takes things a little--ok, way to far. Calm down.
December 20, 2011 at 5:02PM ESTMichael Vick got less than two years for what he did, which is lightyears worse than uploading an unfinished movie to the internet? 20 years??? Thank God you are not a judge in this country.
Clay im, with all due respect this "person" did, as Steven said, destroy millions of dollars.
December 20, 2011 at 6:27PM ESTIf an armed thug waltzed into a bank, demanded millions of dollars from the vault, and then shredded the money, would you not think he deserves a decade or so in jail, at least? There is absolutely not a difference here, it is the same exact thing.
He is a criminal responsible for the theft and destruction of millions of dollars. In some countries he'd get life.
Dave I Clay, the guy is a thief and cost Fox money. However, your would-be punishment does not fit the crime. He did not steal money at gun point, so your analogy is decidedly not the same thing. Plus, he ENABLED the theft. A better analogy is that he opened the back door to the bank and let anybody who wanted to make a wrongful withdrawal (apparently twice, sounds like he had done this before). So no, I do not think he deserved a decade or so in jail at least. An armed thug? That would be for the courts to decide. More than Michael Vick, or somebody who murders, rapes, or abuses others? Of course not. Obviously neither do the courts. The man was wrong, and in principle I agree he did something morally wrong and illegal, however I disagree rather strongly with your assertion he should get anything near what you are laying out there. Legally speaking, there is no way he would have ever gotten the kind of time you are throwing out there, nor should he.
December 20, 2011 at 6:51PM EST-Cheers
Vicki Oops meant to make this a reply to this thread, accidentally posted it below as its own thing sorry, but anyway:
December 20, 2011 at 6:59PM ESTI actually think that the sentence Clay is discussing is very inadequate. The justice system is all screwed up.
If you commit some sort of rape or a premeditated murder you should be in prison for life.
If you commit some sort of victimless crime like drug possession or selling small quantities of pot or spray painting a wall, you should not be in jail at all overcrowding our prisons with nonviolent offenders, you should be given community service or rehab or something.
If you commit theft, the amount of jail time should be based on the severity of the theft. If you steal a candy bar, you should just be made to pay for it. If you steal a television from somebody, you should get like a year or two of jail for a first offense. If you carry out some sort of crazy theft involving the stealing of millions of dollars, um hell yes you should be in jail for a long time. I would say 25-30.
In this particular instance, we can agree he stole/destroyed millions of dollars, at least. I would say a 30 year sentence would be justified, perhaps 15 years if there is some sort of agreement that he can never use a computer or watch a feature film in theatres again.
Oh as for Michael Vic, I say 5-7 years for what he did, plus must donate 80% of his fortune to a pro-dog company.
Carlos 30 years is a bit extreme. 1 year on the other hand is extremely short. Seem like a correct middle ground would be 15 years, although honestly I think 10 would be reasonable or even slightly less for good behavior.
December 20, 2011 at 8:29PM ESTI do agree with the suggestion that this person should be barred from technology/seeing films in theaters after he is released. Makes sense.
Dave I @Vicki, part of why stealing a candy bar is more than ~$1 is probably prevention. Otherwise, there is little deterrence and not enough would come in from the prosecuted to pay for enforcing the laws.
December 20, 2011 at 10:57PM EST@Clay, Vicki, & Carlos, banning him from technology or going to theatres would be a bad idea. It is unenforceable. Passing unenforceable sentences or legislature undermines the system. It also might not necessarily fit the crime. He might need that technology to make a living (maybe his job is computer-related), and it is not like they do not want him seeing movies, they just do not want him illegally uploading/pirating them. From there, finding sensible laws that fit the crime AND that will pass not to mention being enforceable and Constitutional is not as easy as it looks on the Internet. Not to mention any lawyer should be able to make such a proposed punishment disappear for any number of reasons. Hence, you make him go to jail a/o pay a fine. Part of which is to allow the offender to pay for their crime and move on with their life, and part of which is to deter said activity. Sending him to jail in a federal prison, and fining him (if they did), does ostensibly deter others from following suit.
Just one opinion on the matter. I would agree the justice system has issues though. Finding a legitimately better way to fix it that enough people will agree upon to put in place as a solution? Good luck.
-Cheers
Ellis 25 years should be mandatory for this heartless wretch of a thug. Throw away the damned key.
December 21, 2011 at 2:41PM ESTRick
December 20, 2011 at 12:05PM EST Reply to Comment...and yet Gavin Hood is allowed to roam free for distributing that same movie.
I agree, somebody needs to go to prison for it, and it's never the 1% who made the films, it's always the 99% of us who paid to watch them.
Occupy Hollywood!
sbruce1154 You guy's are wearing out this 99% crap. He stole from the people who made the movie and needs to pay for his crime. And it doesn't matter what the previous user has done in his past, we are talking about this bum that stole the movie and up loaded it to the internet. People always try to deflect from the subject.
December 20, 2011 at 6:24PM ESTClay
December 20, 2011 at 6:26PM EST Reply to CommentTim, with all due respect this "person" did, as Steven said, destroy millions of dollars.
If an armed thug waltzed into a bank, demanded millions of dollars from the vault, and then shredded the money, would you not think he deserves a decade or so in jail, at least? There is absolutely not a difference here, it is the same exact thing.
paulyearwig you people are crazy. the movie made many millions (sorry for the alliteration) in spite of bad reviews and this leaked workprint. the special effects were unfinished and the quality was bad. this leaked copy served as an extended trailer and whetted fans' appetite to see the finished article in cinemas bluray etc.
December 21, 2011 at 1:16AM ESTVicki
December 20, 2011 at 6:58PM EST Reply to CommentI actually think that the sentence Clay is discussing is very inadequate. The justice system is all screwed up.
If you commit some sort of rape or a premeditated murder you should be in prison for life.
If you commit some sort of victimless crime like drug possession or selling small quantities of pot or spray painting a wall, you should not be in jail at all overcrowding our prisons with nonviolent offenders, you should be given community service or rehab or something.
If you commit theft, the amount of jail time should be based on the severity of the theft. If you steal a candy bar, you should just be made to pay for it. If you steal a television from somebody, you should get like a year or two of jail for a first offense. If you carry out some sort of crazy theft involving the stealing of millions of dollars, um hell yes you should be in jail for a long time. I would say 25-30.
In this particular instance, we can agree he stole/destroyed millions of dollars, at least. I would say a 30 year sentence would be justified, perhaps 15 years if there is some sort of agreement that he can never use a computer or watch a feature film in theatres again.
Oh as for Michael Vic, I say 5-7 years for what he did, plus must donate 80% of his fortune to a pro-dog company.
Vicki Sorry for the double post.
December 20, 2011 at 7:00PM ESTkennard
December 21, 2011 at 8:56PM EST Reply to CommentThe sentence may have been a result of an attempt by the judge to degter others. IP Theft is a serious issue, especially for small businesses, although we only hear about the big business cases. One case involving a small enterprise is seen here: http://www.smuggled.com/trademark-infringement-online-breach-bootlegger-loses-over-800-illegal-webpages.htm and shows that theft of IP is a serious problem and needs to be dealt with by the authorities.
Kenard Allow me to make a clarification on what I mean by "IP", it stands for International Pancake.
December 21, 2011 at 10:17PM ESTWhat makes an International Pancake different from a regular Pancake? (No it doesn't refer to IHOP!) An International Pancake is a pancake composed of ingredients verified to originate in separate countries. A true International Pancake is crafted by a licensed expert in a very specialized recipe to best match and compliment the various flavors.
Many people or even companies steal recipes for International Pancakes and try to pass them off as their own recipes.
What any of this has to do with movie stealing I can't tell you, other than the fact that pirating a film is in some ways similar to pirating the unique recipe of an International Pancake. It results in a low quality copy even though it is derived from similar or even identical ingredients.
Kennard HOW DARE YOU USE MY NAME!!!!!!!!!!!! OOOOOOOOOOHH!!! I BE FRETTING ON THIS, YOU BEST KNOW!!!!
December 22, 2011 at 4:27AM EST