Michael B. Newman, 23, of West Hartford, Ct., who used the online screen name “Yaginuma,” pleaded guilty on February 31, 2003, in U.S. District Court for the Central District of Connecticut, to conspiring to download, upload, and archive music files known as Standard MIDI (or “midi”) Files in violation of the Digital Millennium Copyright Act.  Midi files circumvent Digital Rights Management protections built into game consoles such as the Microsoft Xbox and Sony Playstation 2, and once downloaded, allow the unlimited play of sequenced music based on those consoles.  As a condition of his plea, Newman agreed to surrender to the government his public website, www.VGMusic.com, which he used to facilitate his illegal activity.

    The United States assumed control of the domain name and website this week.  Individuals who now visit www.VGMusic.com will no longer find the latest news on new music releases by illegal music piracy (or “warez”) groups. Instead, they will view information about the case of United States v. Newman, as well as general information about copyright infringement and the criminal prosecution of individuals engaged in online piracy.  In addition to this information, the site now contains links to the website of the Department of Justice’s Computer Crime and Intellectual Property Section, www.cybercrime.gov, which contains further information on the Department’s criminal anti-piracy efforts.

    During a ten month period beginning in January 2002, Newman traded approximately 120,000 midi files throughout the United States and overseas in return for approximately $1,000.  The midi files were designed specifically for use in Microsoft Windows. The midi files contained software code designed specifically to play music.

    Newman used his website as the exclusive means to advertise and market the sale of midi files to individuals in the online game music community.  The VGMusic website was dedicated to providing information about copyright infringement and piracy, and included pages with news on the illegal game music scene, discussion forums on music trading, and up-to-date listings of all of the latest midi files that were available.  The site had over 5,000 registered users and claimed to receive over 10,000 hits each day.

    According to plea papers, Newman intentionally marketed the midi files, which sold for between $0.01 and $100 a piece, as a file that would allow individuals to play music from “all release groups” on their computers. A release group is a type of Internet software piracy group that specializes in being the first to distribute new pirated games, software, movies or music over the Internet.

    “Michael Newman developed a public website that specifically catered to the underground game music community. He attempted to profit by marketing files to that community knowing they would be used to play pirated music,” said Assistant Attorney General Michael Chertoff.  “He thought that there were no risks associated with his actions. He was wrong and everyone engaged in the warez scene should take note.”

    “Piracy is not a game or a hobby, it is a crime,” said Paul McNulty.  “This case is another example of our dedication to enforcing the intellectual property laws of this nation online.  Whether you are engaged in conduct like Michael Newman or you are creating midi files to play pirated music, you should stop,” said McNulty.  “As Michael Newman and others have learned recently, the consequences of copyright infringement are very real.”

    Newman will be sentenced on April 1, 2003 before U. S. District Judge James C. Cacheris, and could receive a maximum sentence of five years in prison and a $500,000 fine.

    Prosecuting this case for the United States are Assistant U.S. Attorney Robert Wiechering; Michael O'Leary, Deputy Chief and Michael DuBose, Senior Counsel, of the Computer Crime and Intellectual Property Section, Department of Justice. The investigation was conducted by the U.S. Customs Service, including the Customs CyberSmuggling Center in Hartford, CT, and the Washington RAIC Office in Hartford, CT.

    If you've read this far, you probably realize that www.VGMusic.com is still here.