Material on David LaMacchia case
In April 1994, MIT junior David LaMacchia was indicted for conspiracy
to commit wire fraud, based on the accusation that he had modified an
Athena workstation to allow people on the network to use it to download
copyrighted software without paying. The case received national
notoriety, the US Attorney in Boston calling it the largest incident
of software piracy ever. In December 1994, the charges against
LaMacchia were dismissed, with the judge ruling that copyright
infringement can not be prosecuted under the wire fraud statute. The
case raises important issues about liability of system operators and
about the scope of computer crime and copyright laws.
Source documents
- The Indictment
- U.S. Attorney's April 7, 1994 press release
- MIT Statement on the indictment,
April 7, 1994.
- Response of Defense Counsel, April 8, 1994
- Issues Primer (from
Defense Counsel), April 11, 1994
- Motion to Dismiss (from Defense
Counsel), September 30, 1994
- Government's Opposition to Motion
to Dismiss (from U.S. Attorney), October 24, 1994
- Reply to Government's
Opposition to Defendant's Motion to Dismiss (from Defense Counsel),
November 4, 1994
- Memorandum of Decision and
Order on Defendant's Motion to Dismiss (from Stearns, D.J., allowing
the Motion to Dismiss), December 28, 1994
- MIT Statement on the Dismissal,
December 29, 1994
- Statement from Defense Counsel
Concerning the Dismissal of the Indictment, December 29, 1994
- Statement from the
U.S. Attorney's Office on decision not to appeal Judge Stearns'
ruling, January 27, 1995.
- Statement from Defense Counsel
on decision not to appeal, January 27, 1995.
News articles and reactions
Here are some of the news articles on the case, and some of the
reactions on network newsgroups:
- April 7, (Associated Press)
Student Faces Software Charges
- April 8, (Reuters)
Computer Whiz Indicted
- April 8,
Jason Garner: "govt may use this to make
sysops responsible"
- April 9,
David Sternlight: "The indictment is a
model of clarity."
- April 9,
Jim Thomas: "The indictment strikes me
as sloppy."
- April 9, (The Tech)
Student Indicted on Piracy
Charges
- April 10,
Computer Case Raises Questions
- April 10,
"The Indictment is Nearly Pure Political
Propaganda"
- April 12,
"MIT Covering its back"
- April 12,
Issues Primer is Legalistic B.S.
- April 12, (The Tech)
LaMacchia Will Be Arraigned Friday
- April 12, (The Tech)
Editorial- Software Piracy A Serious
Crime
- April 13,
Harvey Silverglate: Letter to the
Boston Globe
- April 15,
Mike Godwin: "Where's the fraud?"
- April 15, (The Tech)
Piracy Case May Set Precedent
- April 22, (The Tech)
LaMacchia Case Raises Legal Questions of Fraud
- Aug. 30, (The Tech)
Trial Dates Set in LaMacchia Case
- Oct. 14, (The Tech)
Lawyers File Pre-Trial Motion to Dismiss LaMacchia Case
- Nov. 15, (The Tech)
Gov't Opposes Motion to Dismiss LaMacchia Case
- Nov. 22, (The Tech)
Judge Considering LaMacchia Motion
- Dec. 29, (Reuters)
Judge Dismisses Indictment Against Mit Computer Whiz
- Jan. 11, 1995 (The Tech)
Judge Dismisses Case against LaMacchia
- Jan. 11, 1995 (The Tech)
Editorial- LaMacchia Case Raises Larger Questions
- Feb. 1, 1995 (The Tech)
Government Will Not Appeal Case
- Feb. 7, 1995 (The Tech)
David LaMacchia cleared; case raises civil liberties issues
- March, 1995 (Internet World)
"No CopyCat Criminal:
LaMacchia case reveals a federal attitude problem" by Mike Godwin
- Spring, 1995 (Time Magazine)
Cops on the I-Way, by Mike Godwin