Software Pirates Sentenced

On August 20, 2009, a district court in Suzhou, Jiangsu Province, sentenced and fined four software pirates for distributing counterfeit versions of Microsoft's Windows XP and other computer programs over the Internet.

In December 2006, a website called “Tomato Garden” was established, offering pirated software, mainly Windows XP, for free. The company operating the website generated revenues by advertising. It was estimated that millions of Internet users had downloaded Windows XP and other computer programs for free.

In June 2008, Microsoft lodged complaints with the National Copyright Administration and Ministry of Public Security against the website on the ground of its copyright. Four operators of the website were arrested between August and December, 2008.

The court found the four operators were guilty of violating copyright of Microsoft and sentenced the founder and executive officer of the website to 3.5 years in prison and a fine of RMB one million ($146,000) each. Their two colleagues got smaller fines and shorter jail sentences. In Addition, the court decided to confiscate the illegal income of the company operating the website and impose a fine of RMB eight million, three times of the illegal income, on the company.

There is no report on whether the defendants will appeal the decision.