Sinking a music pirate

When the FBI came calling, all those 'free' songs suddenly came with a big price tag.
By Mickey Borchardt, MICKEY BORCHARDT is a senior at the University of North Carolina at Charlotte.
April 3, 2006

I THOUGHT THAT anything would be better than my early morning Spanish class, but I realized I was wrong on that day two years ago when a campus police officer pulled me out of class to inform me that an FBI agent was waiting for me at my dormitory room.

That was the start of the incident that would become the defining moment of my life so far.

As we drove, with me in the front seat, the officer assured me that it was most likely "not a big deal." The FBI, which I would later learn maintains its North Carolina office just down the road from my university, comes to campus "all the time."

There wasn't just one agent in my dorm room but a team. One stood at the door while another wheeled my computer out on a cart. One wearing a rubber glove dug through my trash while another sorted through my closet.

After sitting me down, the first question of my interview was, Is this the screen name you've been using to communicate on the Internet? It was.

In the previous year, I'd joined a private group on the Web whose purpose was sharing free music. In exchange for providing the group with albums, I was given access to a virtual library. In the few months of my membership, I uploaded a handful of CDs. I had no special industry access, so there was very little I could supply that wasn't already available: albums from local bands without national distribution, free music samplers given out in stores, etc.

I knew it wasn't right, but the temptation of endless new noise drowned out the ethical whispers. I knew it was illegal, but I never thought I'd face legal troubles. Although my method for obtaining MP3s was different from the common college pirate (who prefers Kazaa, LimeWire, Soulseek or other peer-to-peer systems), the degree of my infringement was similar.

For the authorities to single you out, you have to sell bootlegs, right? Or leak early versions of music before it is publicly available, or something equally serious, right? Wrong.

The series of events in the weeks after the FBI's visit was as dizzying as it was surreal. I had to find a lawyer; have lengthy, uncomfortable conversations with him in his high-rise office overlooking the city; meet with the dean of students and learn of my punishment on campus (probation, an essay about piracy, exile from student housing and computer labs); and the most intimidating of all: I had to go to the FBI's office downtown for a video teleconference with higher-ups in Washington.

I'm not even sure who was questioning me while I sat there, twiddling my thumbs and fidgeting with my tie, trying not to look as terrified as I was.



THE WORD TO describe it is "shame." The shame in realizing I'd been monitored for months, with paper logs of my online conversations; the shame of begging my university dean to allow me to remain a student; the shame of continuing to squander such a significant portion of my family's savings on legal fees; the shame of pleading with professors to reschedule tests; the shame of desperately searching for landlords on short notice; and, of course, the shame of knowing I'd stolen the property of others like me who are passionate about the art of music.

The other word is "fear." Fear that keeps me awake at night and distracted in class. Fear of my May sentencing date (I pleaded guilty in March) in the same courthouse as Zacarias Moussaoui; fear of the possible prison time I am facing; fear of my job prospects when I graduate college in December with a felony criminal record; and fear for the future I've recklessly damaged.

Everybody wants something for nothing, and I've come to learn that "free" music is anything but. The hidden cost is enormous. Although I am unqualified to opine on the price of piracy for the artists whose work is stolen, I can describe the price I've paid.

Stealing, no matter how little, or how easy, is never right. There is no justification for downloading music without paying. I'm not just saying this to reduce my sentence; I want to get the message out to young people who might not otherwise understand — copyright infringement, whether it is buying a bootleg album from a street vendor or downloading a song from the Internet, has very serious consequences.

I regret what I did. I had a lot of music on my PC that I'd never paid for, and now I have an enormous bill I will be paying for years to come. Is piracy worth it? It wasn't for me.

Boy does this sound familiar read:George orwell's 1984

"I uploaded a handful of CDs."

This has nothing to do with Orwell. This is just another dumbass who didn't listen to our advice. No pity.

Don't share RIAA music. They don't deserve it.

"THE WORD TO describe it is 'shame.'"
Try "stupid."

I don't think he asked for any sympathy. just relating his experience so others don't make the same mistake.

besides does the punishment fit the crime? yes he broke the law but.... If I go 10 miles over the speed limit then arrested for a felony and am fined 20,000 dollars along with a jail term does the punishment fit the crime? I think not. just because someone broke a law doesn't mean we shouldn't be outraged at a more severe than necessary punishment.

We can't just have a view that because someone broke a law (there are all sorts of outrages laws that shouldn't even be on the books) then they get what they deserve reguardless of the severity of the punishment.

60 million people in the US are not criminals. it's an obvious sign that there are serious problems with the law. it's called civil disobedience.

"I knew it wasn't right, but the temptation of endless new noise drowned out the ethical whispers." "ethical whispers"?? This little college essay writtin' bitch deserved to be sued... pussy.

"I don't think he asked for any sympathy. just relating his experience so others don't make the same mistake."

Read it again Rick,

(I know you ain't that damn gullible...)

This "article" smells like pure BS. (scripted and PLANTED propaganda.)

READ it again and laugh! (Don't run off in another direction.)

==========

mixerjaexx, if a REAL college student/person wrote this article, the author is a simple pud.

But, I think it is JUST as likely that an RIAA actor/author PRETENDING to be a "sued victem" wrote it.

planted, I would agree. it sounds like something the RIAA would do. but if it's on the up and up then my former assertion stands.

I can assure you, a team of FBI agens did not show up at a dorm and take someone away over a few downloaded songs. there's either a lot more to the story or it's total bullshit.

Why would a student from North Carolina write an OpEd piece for the LA Times anyway? This familliar pile of poo smells like it came from RIAA offices.

"In the previous year, I'd joined a private group on the Web whose purpose was sharing free music."

If it was private, how would the FBI ever find out??

I agree with Shmoo, THIS IS PURE PROPAGANDA!!!

It's a shame the FBI doesn't have better things to do.

I agree this is propoganda. Searches at both Google and Yahoo through news items only produced hits based on the article in the LA Times. I even did a search on Google through newsgroups, but could not find anything with his name on it that said anything about the FBI or this situation.

http://www.nineronline.com/vnews/display.v/ART/2004/04/28/408ecabb37098

Try Google - UNCC FBI

Nothing in the local news archives, I don't remember hearing about this though.

The Charlotte FBI people need to catch up, not a weekend goes by when I don't see people hawking pirated dvd's and cd's in Monroe or Rockingham flea markets.

I haven't been to pineville flea market recently, but their proximity to charlotte didn't stop the bootleggers there either.

I agree it was probably a propoganda piece. but the point of my comment obviously has been missed.

You sure this wasn't printed on 4/1? he mentions a felony conviction. To date, no downloader has been charged criminally. They (FBI) have been concentrating on the professional bootlegging operations. He never mentions a civil suit from the RIAA at all. Sounds like a snowjob.

If it is planted, someone went to the trouble of forging an entry on a website dated 2003 where a Mickey Borchardt posted a message and left an email address that appears to be hosted by the University of North Carolina at Charlotte.

http://www.nineronline.com/vfeedback/frontend.v?ACTION=display_prev_post&Post_ID=41c24a0839abc2174445263cad734013

I wouldn't be surprised if it's legit, but coached. The details aren't clear in the article however. It sounds like the confusion is that he's being charged with the fact that he uploaded cds, not that he downloaded the music. If he were stupid enough to join some private group and the group is being tracked by someone, why wouldn't the FBI make a bust if they had an easy opportunity with an indiscreet and stupid college kid? I do have to admit that the tangible details of the situation are scarce.

I could see it being planted as well, but I'm just saying there is a possibility it's not and the kid is just a bad writer who left out significant details (which would fit the "I'm just writing this as a part of my punishment/deal" part of the story).

And:
"There is no justification for downloading music without paying. "

What about "the artist wants me to" Yes, artists like at sites like Dmusic.com allow their works to be shared for free, am I supposed to think it is wrong to even download from there just because this asshat was brainwashed enough to believe it?

"I agree it was probably a propoganda piece. but the point of my comment obviously has been missed."

No, it hasn't. Your overall point is correct. Punishment for this "offense" is way out of line, as are the means of pursuing it.

But he's not talking about that. He says, "I can describe the price I've paid," but he doesn't. Doesn't complain about the amount being out of line. If we take it back to the "10 miles over the speed limit" story, he's not bitching about the fine at all. His story is about his shame and fear as the result of being such a hardened criminal, which we are supposed to take as a warning.

We've been telling people not to share RIAA music longer than this guy has been in college. Which is why many of us never worry about this crap in the first place.

It does seem like "BS", but not actually "BS" because it's fake, but "BS" because it... well, BS. I mean, some shit sounds fishy... but who's to say some little college bitch won't fold? You know, totally kissing ass. You know "Please please please... I'll do anything you want!!" "Well for starters, you need to tell your fellow college students the wrong path you took..." "Oh oh oh!! I'll do it! No problem! In fact, I can make that my English term paper!"

Also, who's to say the FBI shit ain't bull shit, but it don't mean this ain't some little boot lickin' save-ass.

I REALLY wouldn't put it past a real college bitch writtin' this... serious. I don’t know why everyone I thinkin’ this is fake propaganda…

To independentm... , compmore , captdunsel , anal-log-hole , Capt-n-Jack , DWolfman … this fucker IS REAL. I don’t know how ‘yer searchin’, but a simple search brought up this baby… http://www.nineronline.com/vfeedback/frontend.v?ACTION=display_prev_post&Post_ID=41c24a0839abc2174445263cad734013 which reads

“Seriously, quit whining... the school isn't nearly that bad. Maybe you're used to better living in a white suburban mansion, but there's not a damn thing wrong with our classrooms.
Mickey Borchardt
daborcha@uncc.edu”
And to anyone who wants to e-mail him… there ya go.
I’m glad ‘yer all hatin’ on the RIAA ‘n’ shit… but realize that there ARE people who will turn on the underground in the blink of an eye when their own personal life is at stake… (shit… I wouldn’t put it past some of you here.)

I sent an email to the address mixer found. I'll let you know what he says.

"I don’t know why everyone I thinkin’ this is fake propaganda… "

Possibly a real person.
Possibly a real case.
Just as possible paid ( or coerced )
to spout propoganda.
College costs a LOT of money.

Why is it so impossible that this is a
paid shill. After all, these are the industries whose expertise is to manufacture fantasy.

Too many holes.
Paid endorsement.

Oh... you think he was paid? Serious? But wait... why pay someone? When you are sueing someone... and you tell them they owe $22,000… or no, let’s say $33,000, you know that person isn’t going to be able to pay. That person either has to fight it in court, or reach for a settlement. The easiest targets are college students because not only have they just cross the line from “untouchable minor” to “sue-able adult” and also at the stage where they aren’t living under their parents protection anymore AND have already started to accumulate a vast amount of debt… and the RIAA knows this.

So, in the “settlement”, from the bull shit, but legal aspect of things, the person is agreeing to a settlement to drop from $33,000 down to let’s say $3,000, from the RIAA’s “generous” proposal. Well in that settlement, with the RIAA out “$30,000” or whatever bull shit number, in that settlement, they can make people do whatever they want. It’s either you agree to lick boot, or pay fuckin’ $30,000 or try fighting it in court. And no, this isn’t the RIAA “paying” someone.

So, why on Earth would the RIAA pay a college student to do this? Also, you don’t think there are people like US in college… my girl is in college, fuckin’ freeculture.org are ALL in college… you don’t think someone would step up and say “Hey, this guy was never sued…”

And Capt-n-jack, let us all know of your findings from e-mailing this guy… this topic will probably be dead by the time you find out anything, to make sure to send it to BC-R’s feedback forum to let us all know… or also, ‘freakin’ submit your findings as news to supportUG and we’ll post it. http://www.supportug.com/modules.php?name=Submit_News

"So, in the “settlement”, from the bull shit, but legal aspect of things, the person is agreeing to a settlement to drop from $33,000 down to let’s say $3,000, from the RIAA’s “generous” proposal. Well in that settlement, with the RIAA out “$30,000” or whatever bull shit number, in that settlement, they can make people do whatever they want. "

See,
That's it in a nutshell.
Pay $ 30.000 or ......
Pay 3,000 and do exactly what we tell you
It's not a money issue for them, really, it's control. The "fear campaign" is worth it's weight in gold.

So, if it's a real case ...
Is it really so unbelievable to think that the RIAA would blackmail the victim into writing something like this for publishing in a major publication ?? Major media is guaranteed to push this out for them ( same owners ). In this case, paid is not necessarily the correct word ... Extortion, I think is the term.

If it's NOT a real case .....
Still, is it so unbelievable to think that a group like the RIAA would pay someone
( like a college student ) to reinforce the propoganda campaign ?
After all, this is an industry the creates fantasy data about nearly every aspect of their business. As stated above, the propogand support is worth what they may have had to shell out to a paid shill,
( a modest amount could convince a brokeass college student ).


"Also, you don’t think there are people like US in college "

Of course there are.
Do you really believe that their opinion, if contrary to the RIAA/MPAA goal of control, would ever be published or seen outside of the internet.

"you don’t think someone would step up and say “Hey, this guy was never sued…”

That's what we wait for now .. the story hasn't been out that long, so very soon, some enterprising people ( most likely like the ones you mentioned ) will get the word out about the legitimacy of the claim.

"Oh... you think he was paid? Serious? "

So, in a nutshell ....
I don't know exactly "what" this IS, but,
I don't think it is what it appears.
More information is necessary, and
I am sure it will come.

Dreddsnik “It's not a money issue for them, really, it's control.” Exactly. You hit the nail on the head. Hehe, I sorta’ forgot to mention that… but yes, the Chronicles of Dreddsnik is right… it’s about control.

"Chronicles of Dreddsnik ... "

LOL ..
You are soooo right .. I REALLY need learn brevity

"daborcha@uncc.edu "

This e-mail addy belongs to ...
Derek Adam Borchardt .. crrently enrolled at UNCC .

Majoring in ..... wait for it ...
English.

hmmm .. NOW it's getting interesting ..
Operation Fastlink

Busted in Operation Fastlink.
A member of a pre-release group.
A little bit bigger than just simple P2P.

Now, facing up to 5 years in prison, and $250,000 in fines, AND being an english major, what use could someone like that be to the RIAA ?

"Although my method for obtaining MP3s was different from the common college pirate "
Very different indeed.

"For the authorities to single you out, you have to sell bootlegs, right? Or leak early versions of music before it is publicly available "

Hmm, Isn't Apocalypse Crew an early release group.

This article is VERY cleverly written, but it is becoming more clear that it is EXTORTED PROPOGANDA.

This dude is NOT to be equated with the everyday college sharer.

Raid ....
This is an area I KNOW you have a lot of expertise in ....
Your take ?

I think this post from User TM on Slyck.com says it the best .....

"Even if this article was not part of his official punishment, the fact that he is facing sentencing next month means he's still got a need to show the judge that he's remorseful for his actions, so of course he'd be stupid to say anything that might upset his defense. You can bet that his lawyer went over this article with him. (maybe even helped him write it)

The article is very vague in many places - no doubt intentionally so - and skips over many important issues. He makes no mention of the name or the inner workings of the release group he was in (and their achievements as well as his pride in being part of that group) or whether he ratted out his friends (he probably did) and certainly no mention of a key critical issue: exactly how he got caught.

But then this article was not intended as his magnus opum. It is a simple groveling apology by a person under duress trying to save his own neck. Just like any prisoner, detainee, or P.O.W., he's going to say whatever pleases his jailers. "

OK, I got a reply. It would appear this guy is legit, he does exists, and is being prosecuted. He was reluctant to offer any details, probably because of the ongoing case, but he did point me to the usdoj website. From the doj website it would appear his group of friends weren't so private after all. Go here to read the press release:

http://www.usdoj.gov/opa/pr/2006/February/06_crm_103.html

It would be nice to get Derek's side of things, but if he feels reluctant to speak at this time we'll have to wait a bit.

"OK, I got a reply. It would appear this guy is legit, he does exists, and is being prosecuted. "

Plead Guilty.

"He was reluctant to offer any details "

I am sure he can't.
The paper he wrote for the times is deliberately misleading. It is constructed in such a way as to lead common P2P users that he is just like them, so therefore they could be CRIMINALLY prosecuted.
A scare tactic, and probably part of his plea bargain.

"It would appear this guy is legit "

He got busted for something other than
common P2P use.
Writes a paper that insinuates that P2P
is the reason he got busted ( false ).

not the least bit legit.

"It would be nice to get Derek's side of things, but if he feels reluctant to speak at this time we'll have to wait a bit. "

He's not reluctant, he CAN'T.
He plead Guilty, and his cooperation is probably essential to keeping him out of jail.

Dred,

"I am sure he can't.
The paper he wrote for the times is deliberately misleading. It is constructed in such a way as to lead common P2P users that he is just like them, so therefore they could be CRIMINALLY prosecuted.
A scare tactic, and probably part of his plea bargain."

I believe this is what is happening.

"not the least bit legit."

I meant "legit" as in, this is a "real" person, not someone ficticious.

"He's not reluctant, he CAN'T.
He plead Guilty, and his cooperation is probably essential to keeping him out of jail."

I believe this as well. Supposedly he wasn't sentenced yet, but I'd expect he made some kind of plea bargain to reduce his sentence.

"I believe this as well. Supposedly he wasn't sentenced yet, but I'd expect he made some kind of plea bargain to reduce his sentence. "

So that means it is up to the IC ( internet community ) to spread the truth about this paper, as far and as quickly as possible.
Let people know that he was ...

NOT an average P2P user, as implied.
CIVIL law, not CRIMINAL law is what is
applied to the average P2P user.
This paper is designed to mislead them.

Point it out, spread it around.