D.J. Rivera is the only attorney in the United States to have won a federal jury trial against the FBI and the U.S. Department of Justice in a federal criminal copyright infringement case. That victory — United States v. Cassim, tried in the Eastern District of Virginia — makes him uniquely qualified to defend criminal copyright charges.
D.J. Rivera represented the alleged leader of the world's most prolific Internet music piracy group, prosecuted by the FBI and DOJ in the Eastern District of Virginia. Rivera's deep technical knowledge of Internet technology, peer-to-peer networks, copyright law, and digital evidence provided the decisive advantage — resulting in the first and only defense victory against the FBI and DOJ in a federal criminal copyright infringement jury trial. The case was covered by the BBC, New York Times, Washington Post, and Federal Computer Weekly.
17 U.S.C. § 506(a) — Criminal Infringement
Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed — (A) for purposes of commercial advantage or private financial gain; (B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or (C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public.
Criminal copyright infringement is distinct from civil copyright infringement in two critical ways: it requires proof of willfulness, and it requires either commercial motivation or distribution of works with a total retail value exceeding $1,000 in a 180-day period. The willfulness requirement is the primary battleground in most criminal copyright prosecutions.
Criminal copyright cases frequently involve peer-to-peer file sharing networks, online piracy groups, and digital distribution of copyrighted content. The government typically builds these cases through online monitoring of file sharing networks, undercover operations, and cooperation with copyright holders who provide evidence of the infringement.
| Offense | Maximum Prison | Notes |
|---|---|---|
| Infringement for commercial advantage (1st offense) | Up to 5 years | 18 U.S.C. § 2319(b)(1) |
| Infringement for commercial advantage (repeat) | Up to 10 years | 18 U.S.C. § 2319(b)(2) |
| Distribution of pre-release works | Up to 3 years | 18 U.S.C. § 2319(c) |
| Forfeiture and restitution | Full retail value of infringed works | Can be substantial in large-scale cases |
The willfulness requirement is the most important element in criminal copyright cases. The prosecution must prove that the defendant knew their conduct constituted copyright infringement and intentionally engaged in it anyway. Good faith belief that the conduct was lawful — including belief that the content was in the public domain, that a license existed, or that fair use applied — is a complete defense to willfulness. D.J. Rivera develops evidence of the defendant's good faith belief and the absence of willful infringement.
Criminal copyright cases built on peer-to-peer network monitoring depend on technical evidence that is frequently more complex than it appears. IP address attribution, the identification of specific files as infringing copies, and the determination of the retail value of the infringed works are all subject to technical challenge. D.J. Rivera's expertise in Internet technology and digital forensics allows him to challenge this evidence at a level that most defense attorneys cannot match — as demonstrated by his victory in United States v. Cassim.
The prosecution must prove that the infringed works had a total retail value exceeding $1,000 in a 180-day period. The methodology used to calculate this value — particularly in cases involving digital content that is freely available through legitimate streaming services — is frequently contested. D.J. Rivera challenges the prosecution's valuation methodology and retains independent experts where appropriate.
In online piracy cases, the government typically identifies defendants through IP addresses and online handles. D.J. Rivera challenges the government's attribution methodology, demonstrating that an IP address identifies a network connection — not a specific person — and that online handles can be used by multiple individuals or can be spoofed.
No other attorney in the United States has won a federal jury trial against the FBI and DOJ in a criminal copyright infringement case. D.J. Rivera did it in the Eastern District of Virginia — the same district where most Virginia federal copyright cases are prosecuted. His victory in United States v. Cassim was built on his deep technical knowledge of Internet technology, peer-to-peer networks, and digital evidence — knowledge that he brings to every criminal copyright defense.
The case was covered by the BBC, the New York Times, the Washington Post, and Federal Computer Weekly. It established D.J. Rivera as the preeminent defense attorney for criminal copyright infringement cases in the United States.
D.J. Rivera — the only attorney to beat the FBI and DOJ in a federal criminal copyright trial — is available 24/7 for a free, confidential consultation.
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