Susan W. Brooks, United States Attorney for the Southern District of Indiana announced that COURTNEY SMITH, 36 of Anderson, Indiana, was charged in an Information filed by the U.S. Attorney’s Office with one count of criminal copyright infringement. SMITH’S charge was the result of an investigation by the Federal Bureau of Investigation.
The charging Information alleges that from on or about March 6, 2004, to on or about May 26, 2004, SMITH willfully infringed the copyright of copyrighted works for purposes of commercial advantage and private financial gain by reproducing and distributing several infringing copies of Rockwell Automation software products.
In other pleadings filed today, SMITH informed the court that he sold the counterfeit Rockwell Automation software in 32 or more separate eBay auctions, receiving $4,149.97 in proceeds. The actual retail value of the counterfeit software sold by the defendant was in excess of $400,000 but less than $1,000,000. SMITH admitted to the investigators that he knew it was illegal to sell this copyrighted software and that he not only manufactured the counterfeit software and sold it on eBay, but also made his own Rockwell Automation software labels to affix to the counterfeit software.
Federal Bureau of Investigation agents identified SMITH as a suspect and executed a search warrant at his residence in Anderson, Indiana, on December 15, 2004, resulting in the seizure of numerous computers, CDs, and other evidence used to manufacture the counterfeit software and sell these items on eBay.
In other pleadings filed today, SMITH informed the Court that he intends to plead guilty as charged pursuant to a plea agreement with the United States.
SMITH faces up to five years' imprisonment and a fine of not more than $250,000. At the time of sentencing, the United States and the defendant reserve the right to present evidence and arguments concerning the appropriate sentence in this case. In addition, SMITH will be required to pay restitution to Rockwell Automation in an amount to be determined by the court, but no less than $5,200.45.
The case is being prosecuted by Matthew J. Bassiur, Trial Attorney, U.S. Department of Justice, Computer Crime and Intellectual Property Section, and Steven D. DeBrota, Assistant United States Attorney in the Southern District of Indiana.