LOS ANGELES – A New York man who admitted illegally uploading to the Internet a pirated, nearly final “workprint” copy of the movie “X-Men Origins: Wolverine” was sentenced this afternoon to one year in federal prison.
Gilberto Sanchez, 49, who resides in The Bronx and who used screen names that were variations on “skillz,” was sentenced by United States District Judge Margaret M. Morrow, who described the offense as “extremely serious.” In addition to the prison term, Judge Morrow imposed one year of supervised release and numerous computer restrictions.
“The federal prison sentence handed down in this case sends a strong message of deterrence to would-be Internet pirates,” said United States Attorney André Birotte Jr. “The Justice Department will pursue and prosecute persons who seek to steal the intellectual property of this nation.”
Sanchez “uploaded the workprint more than one month before theatrical release, he has a prior conviction for a similar offense, he had been regularly uploading pirated movies for four or five years, and did not appear remorseful after charges were brought,” prosecutors wrote in a sentencing memorandum.
Sanchez pleaded guilty in March to one count of uploading a copyrighted work being prepared for commercial distribution. When he pleaded guilty, Sanchez admitted that he uploaded a “workprint” copy of the copyrighted “X-Men Origins: Wolverine” to www.Megaupload.com in March 2009, about one month before the motion picture was released in theaters. After uploading the Wolverine movie, Sanchez publicized the upload by posting links on two publicly available websites, so that anyone who clicked on the links would have access to the movie and be able to download it. Twentieth Century Fox Film Corporation owns the copyright to the movie.
“Although Fox was able to get defendant’s Wolverine Workprint removed from his Megaupload account within approximately one day, by then, the damage was done and the film had proliferated like wildfire throughout the Internet, resulting in up to millions of infringements,” prosecutors said in court documents.
This case is the result of an investigation by the Federal Bureau of Investigation.



some of you people crowing about the sentence being not harsh enough need to get some perspective.
Seriously.
Do the crime, do the time.
I go into a bookstore, looking for one particular book. I have a large backpack. There are thousands of other books in the store, but I’d never read those — at least that’s what I tell myself. So I put those books in my backpack but don’t pay for them. I buy the one book I want and leave the store, with the thousands of ‘unwanted’ other books in my backpack. Have I stolen anything?
The rationalization for theft on this board is pathetic, particularly from thieves who supposedly work in ‘the industry’. I say this as an independent producer/director.
Most film piracy is run by organized crime. You know, the same guys that make $ from smuggling, drugs, prostitution, etc. Piracy is another part of their income stream. Read the RAND study (or watch the video if you’re illiterate.)
You’d rather support that than make an honest purchase?
And to those who say that the film ‘didn’t lose money’, so it was a ‘victimless crime’. Like you have ANY idea how much money was lost. When a product made for purchase is stolen and given away/sold on the black market, VALUE IS INHERENTLY LOST. The amount is irrelevant. And that ‘victimless crime’ just provides money to the mob anyway.
Oh — and right, Edison pirated patents (I guess), and Wall St. ‘fat cats’ committed crimes. So therefore it’s ok to steal movies/IP today. Got it.
Sorry, all my work is creative commons. As long as he didn’t sell it, we’d have no problem.
But none of that changes the fact that rapists routinely get less than a year. Should this guy get the same sentence as the guy who rapes your wife/daughter?
I do not support piracy. However, I guarantee that virtually everyone who watched it online, later went and saw it in theaters. To argue that they lost millions as a result, is simply absurd.
Virtually every study conducted shows that studios benefit from piracy, because of the way it creates buzz.
Again, I do not support piracy. It is indeed dishonest. I would not do it on either end (purchaser or seller).
However, if the studios had any common sense or intelligence, they would use it to their benefit, rather than blindly combat it as they currently do.
What many posters here fail to grasp is this: It doesn’t matter whether the movie was good or not, it doesn’t matter if Wall Street crooks have not been prosecuted (well it matters, but not as it relates to this story), it doesn’t matter if you think studios, studio executives and actors make too much money. We have copyright laws in place for a reason and it is so pirating thieves do not steal from those that create entertainment, written work, art, music, etc in the same way that jewelry thieves rob jewelery stores or robbers rob banks.
Theft is theft, and if it goes unpunished, then it sends a message that is is not a punishable offense. Then more people do it and the entertainment industry suffers as a whole putting thousands out of work – not just one relatively insignificant film. So you can say “He just uploaded a shitty film….” etc – but it’s a crime, he knew it was a crime and he’d done it before. He was caught yet again, and he was punished. What if he was an electronic banking thief that stole 10 cents out of the paychecks of 10,000 people? He would have only made $1,000 and not really hurt anyone. But would we not punish him? Of course we would. Otherwise the next guy will steal a dollar out of 1 million paychecks, and so on.
Of course he deserves to face the repercussions of theft. But do people honestly believe he deserves to be placed in an environment infested with rapists and murderers, where he will most likely be raped himself, and possibly killed? By saying he deserves prison time, you’re basically saying that if you pirate movies or music, you deserve to be physically abused, raped and have a significantly higher chance of being murdered.
That’s extremely evil, sadistic mentality.
There’s no way this guy deserved 1 year in prison for uploading a movie. Anyone who thinks that’s its too low of a sentence, are probably the same ones downloading the bootleg copies. Not only that, with as much debt as this country is in, do we really need to waste tax payer money on this guy. He deserved community service and a fine, that’s it. At least then, the country would get something from him, instead of us tax payers having to pay for this fool for a whole year.
Why didn’t they just give him a fine and/or disable his internet service or something? Putting him jail seems a bit too over the top.
So… many… fake… comments…
What goes around…
Jerry Siegel and Joe Shuster invented the superhero archetype.
No Superman, no Wolverine…
Both men died in poverty, after struggling to get a tiny portion of the revenue generated by one of the most popular characters of the century.
Their former publishers and a major Hollywood studio did everything in their power to deny them this.
If he gets a year, the filmmakers should also get time for torturing us with that crap.
Tell me, are all those people who work on the movie working for profit sharing, or does the paycheck of best boy grip end the day the movie is done? There will always be a paying audience for movies. It’s worse this guy was prosecuted for a movie people didn’t even have the option to pay for yet. You self-righteous ragers ought to stop considering yourself artists, and join the leagues of newspapermen and musicians who have been forced to alter their way of doing business as a result of the Internet.
I could understand the studios going after the man responsible for leaking a major motion picture, but this guy said that he bought a bootleg copy off a street vendor. So him uploading it is really no different from downloading a file and seeding it back.
If merchants were already selling the DVD, then the film was already out there. No harm done.
As for the guy who actually leaked the movie, the fact that he is still walking around while this guy is preparing for hard time should indicate that either they have no idea who it was, very sloppy, or that the leak was a deliberate marketing decision to generate buzz on the internet.
The funny thing about this story (and some of these comments) is that people forget we are a society structured on law and order (who loves to watch Law and Order-sorry).
Actually it is more accurate to say our society has order because of the law.
We all agree he committed a crime (a statutory/code violation). Some don’t like that it is criminalized (but have likely never written their Senator or Representative to complain about the sentencing guidelines at a state or federal level).
If you don’t like the law, change it (or work to change it). If you don’t like the sentence, change it (or work to change it). But, if something is illegal, don’t be surprised if you get arrested for doing it and sentenced to a jail as allowed under the law.
This dude is like one of those individuals on the “World’s Dumbest Criminals” shows. As a past offender, he stole something (and knew it was stealing/piracy); then he flaunted the fact that he stole it to the very folks who hate the fact that their shit gets jacked daily (by uploading it); then he made it worse by showing other people how cool he is for being a criminal (advertising it). As if that wasn’t enough, he then he admits he did it and continues to flaunt his antics to both the Federal Prosecutor and a Federal Judge. What exactly did you expect to happen here?
He was convicted by a court of law, not a court of justice.
you idiots act like he wont keep uploading videos just like the first time he got an offense. all it is is a setback its just a fucking movie and you act like youve never tried to find a free movie cause your too lazy to go rent one or go out and fork over 12-20$ for one fucking movie youll watch once every year.
Meanwhile the real culprits behind that movie run free.
Lets also not forget that Edison’s camera patents were themselves stolen through predatory contracts only to later be ruled invalid under Sherman. Edison was never the good guy. He should never have had those patents in the first place…as the courts later proved.
The comparison is BS.
As is your assertion that “most” studies show a neutral or even positive correlation between piracy and sales. What a joke. Cite your sources or STFU.
Those who say “the law is the law” or “theft is theft” are committing a logical fallacy- assuming equality. Stealing a car is not the same as stealing a lollipop.
Non-violent crime should not be treated like assault or worse. Jails are full enough, and studies show that increasing penalties are not effective deterrents.
People that disagree probably worship money more than respect other people.
An eye for an eye leaves the whole world blind