As the multi-billion-dollar software industry is more and more financially lucrative, some of the more unethical entrepreneurs in the U.S. is trying to participate in the action by distributing money pirated software. Often online, software can piracy costs the industry millions of dollars in lost revenue, and the offensive can be high fines and prison sentences of punitive damages.

According to reports from the United States Department of Justice Computer Crime and Intellectual Property Section (http://www.cybercrime.gov/), Operation Fast Link, a federal program called "the largest global enforcement action ever against online piracy" has been 2004 responsible for collecting about $ 50 million pirated media distributors. In addition USDJ Intellectual Property Task Force recently its 2006 progress report, with the benefits of the organization in more than the targets set in its 2004 report. The federal government is the crucial steps to combat software piracy and illegal copies of other media like movies and music, and games, and the consequences for trade in counterfeit goods is always difficult.

The term software piracy is in relation to the copying and selling for profit of copyrighted software without permission of the copyright holder. Distribution of pirated software is also in violation of copyright law in the U.S., even if no profit is made, with the exception of copies for educational purposes and other circumstances, under U.S. "fair use" laws. Under current U.S. law, "fair use" allows for playback of a particular work for purposes such as "criticism, comment, news reporting, teaching, science and research. "Four factors, in sections 107 to 118 of the Copyright Act must be met when claiming fair use:

1. The purpose and method of use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. Amount and substantiality of the portion in relation to the copyrighted work as a whole
4. The impact of the use upon the potential market for or value of copyrighted work


"Fair Use" does not apply, of course, on the distribution or sale of illegally copied software, or the resale of original software.

In June 2006, 37-year-old Danny Ferrer, pleaded guilty to a number of conspiracy and a number of criminal copyright infringement for selling pirated software online. Ferrer ran what one of the largest online distribution of illegal software in the U.S., and is responsible for the loss of up to 20 million U.S. dollars for the software industry. He served www.BUYUSA.com, sales of reproductions of copyrighted software at reasonable prices, from 2002 to 2005, when the Federal Bureau of Investigation shut down the site. He is currently awaiting his sentencing Aug. 25, 2006, at which time he could with a maximum of 10 years in prison and fines of up to $ 500,000. Federal investigators hope that these and similar cases as a warning to those who try to profit from software piracy.