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May 15, 2009 5:52 PM PDT

DMCA conviction for seller of bogus Microsoft product keys

by Greg Sandoval

Federal authorities accused Adonis Gladney of selling counterfeit Microsoft product keys, and on Thursday he was convicted of violating the Digital Millennium Copyright Act.

Gladney, 24, is believed to be the first person convicted for DMCA violations dealing with the circumvention of security protections on software, according to Assistant U.S. Attorney Craig Missakian. Typically, product keys are used to activate software and are printed on Certificate of Authenticity labels that accompany legitimate products.

Missakian, who prosecuted the case in Los Angeles along with Assistant U.S. Attorney Wendy Wu, said the conviction is a sign that administrators at the U.S. Justice Department plan to take these kinds of DMCA violations "more seriously."

"The defendant couldn't have executed his scheme without counterfeit access keys," Missakian said. "(The keys) allowed purchasers to load software on multiple computers."

Among those who unwittingly purchased phony keys from Gladney is the United States Marine Corp. Gladney's attorney, Frank Sanes Jr., declined to comment.

Convicted of one count of violating the DMCA and three counts of mail fraud, Gladney could face several years in prison, Missakian said, adding that Gladney's prison term will likely be based on the amount of monetary damage he caused.

"At this point we're still counting," Missakian said.

Gladney, who resides in Los Angeles, would advertise software licenses in large volume on his Web sites, abovegroundsolutions.com or agsolutionsspc.com. Customers paid their money and received licenses, which prosecutors say Gladney claimed legally covered between 25 and 750 users. Gladney would then ship them a CD loaded with software that authorities say was not designated as a retail product for sale to the general public, such as software that typically comes bundled in PCs.

"The licenses were essentially thin air," Missakian said.

The FBI, which spearheaded the investigation on behalf of the Electronic Crimes Task Force, a group that includes several law enforcement agencies, said that Gladney would obtain key codes and then tweak them so he could use them over and over.

"By repeatedly using and distributing the same key codes on multiple products," an FBI agent wrote in court documents, "Gladney is circumventing one of Microsoft's primary security features for legitimate product activation in violation of (trafficking in unauthorized access devices)."

According to the FBI, Gladney managed to turn his illegal enterprise into a cash cow while he was barely 20. Gladney told agents he had earned more than $3 million. Following his arrest, officials seized $74,038 and two custom-built Lamborghinis.

Greg Sandoval covers media and digital entertainment for CNET News. He is a former reporter for The Washington Post and the Los Angeles Times. E-mail Greg, or follow him on Twitter at http://twitter.com/sandoCNET.
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Add a Comment (Log in or register) (24 Comments)
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by NickH May 16, 2009 4:19 AM PDT
What's the USMC doing buying licences off a 20 year old kid?
Reply to this comment
by BtmnHatesRbn May 16, 2009 7:01 AM PDT
Don't ask don't tell.
by audubon1946 May 16, 2009 7:14 AM PDT
I haven't purchased any illegal activation keys, but I do believe I was shafted by a seller on eBay when I purchased what was suppose to be a new copy of Windows XP Pro. My first and most obvious clue was when the disc arrived and it was not the Microsoft signature holographic label. One can report these things to eBay and they do deny the seller access, but within a couple of hours a "new" seller is up auctioning the same thing. How is one to know when you see the Microsoft bright packaging that inside is a burned copy with a bogus key?
by pentest May 16, 2009 9:21 AM PDT
The DOD gave a billion dollar arms contract to a 18 year old and his stripper girlfriend a few years back.
by yacahuma May 16, 2009 4:31 AM PDT
And they say, crime doesnt pay. If he gets out of jail, with a million still in his pocket (which he probably will), is a good deal. Most people will never earn that kind of money in a lifetime.
Reply to this comment
by NickH May 16, 2009 5:15 AM PDT
"he had earned more than $3 million. Following his arrest, officials seized $74,038 and two custom-built Lamborghinis."

He's 21, has a couple of years of the good life, now he's had his assets siezed, and is maybe looking at 2-5 years of anal-rape, and record when he gets out. I don't pity him, but I don't think he's got away with much either.
by kojacked May 16, 2009 10:00 AM PDT
@NickH: LOL! I wish so many more deserving people got what he's going to get for the next couple of years. A pretty young man will go far in prison! The gift that keeps on giving!
by BtmnHatesRbn May 16, 2009 7:00 AM PDT
Use Linux with WINE.
Reply to this comment
by shootfirst May 16, 2009 7:32 AM PDT
Don't we have better things to do than to prosecute some idiot who sells to other idiots something that does no actual harm? Why don't we spend our time figuring out what to do with overcrowded prisons. I sure the heck do not want to pay for this dbag to go to prison.
Reply to this comment
by cpopken May 16, 2009 8:18 AM PDT
Theft is theft, regardless if you think it is a harmless crime. It doesn't really matter how big or evil you think the corporation is, they still have the right to protect their product.
by contentcreator--2008 May 16, 2009 8:37 AM PDT
No actual harm? The $3M of licenses should have been worth how much? $10M? Microsoft is laying people off due to revenue shortfall --- that $10M is people's jobs. So ask those laid-off people if there was "no actual harm" as they wait in the unemployment line. Better yet, let this idiot do the asking, stand well back, and see what happens.
by pentest May 16, 2009 9:24 AM PDT
Even if MS got the $10 million, they would still be laying off those people.

MS isn't laying them off because they can't pay them, they are doing it because they are bracing to lose billions in the near future.

$10 million is chump change to MS.

Nice try on the outrage.

"Theft is theft, regardless if you think it is a harmless crime. It doesn't really matter how big or evil you think the corporation is, they still have the right to protect their product."

Then MS can sue him into oblivion. It should not be a criminal matter.
by SlimGem May 16, 2009 9:54 AM PDT
"It should not be a criminal matter."

Yeah, and poor Bernie Madoff was simply misunderstood and shouldn't have been prosecuted either. Let those stupid investors sue him instead and lessen the burden on our overcrowded prisons.
by pentest May 16, 2009 9:19 AM PDT
The DOD gave a billion dollar arms contract to a 18 year old and his stripper girlfriend a few years back.
Reply to this comment
by pentest May 16, 2009 9:21 AM PDT
In other news, a rapist is getting released early to help relieve congestion in the prison system...
Reply to this comment
by kojacked May 16, 2009 10:01 AM PDT
This is what the DMCA was for and not that crap the RIAA and MPAA are trying to pull like having ISP police and protect their content.
Reply to this comment
by unknown unknown May 16, 2009 10:47 AM PDT
Anti-circumvention needs to be repealed.
Reply to this comment
by paulej May 16, 2009 2:48 PM PDT
While I think the kid ought to be punished, what I'd like to know is why it takes sooooo many people to handle such a simple crime. Heck, they knew how to reach the kid and Microsoft could verify the validity of the keys. Yet, they had to use several people in the FBI, work together with the "Electronic Crimes Task Force", and use two prosecutors? This is a good example of prudent use of tax dollars?
Reply to this comment
by monkeyfun14 May 16, 2009 4:44 PM PDT
Do you realize how hard it is to locate a e-criminal?
by sanenazok May 17, 2009 4:27 PM PDT
@paulej Gotta have reasons to keep people on the government payroll. It's the change everyone voted for. Try to get something done at any government institution.

@monekyfun14: this kid was advertising online and accepting cc payments. It's not like he was based in Antigua.

Seriously, he should have moved off shore when he made his first 100K. Kids are dumb. Instead of buying fancy cars he could have kept his good name and made money for a few years then came back to the US and used the money to run for Congress.
by cp256 May 17, 2009 7:56 AM PDT
Bogus keys for bogus software with extortionist licensing schemes, oh no, oh my.

Certainly a waste of my tax dollars to apprehend, prosecute and jail that luser. M$ should bear the costs, not the taxpayers. Let M$ get restitution out of his enterprising little tuchus, not the taxpayer funded inmates. And before the fanbois start caterwauling, I think macs are a big cash scam too!
Reply to this comment
by Expat type May 17, 2009 7:17 PM PDT
This is just a scare tactic.... They are still selling anything you want on the corner near the computer stores in Riyadh, not to mention Bangkok, Amman, Jordan, Dubai..... Many have been there, bought there, saved scads of money there. Actually, the bogus copies work better than the legal ones. No hassle with Windows Advantage Genuine Ripoff, no problems getting updates. It is nice to see some truly competent computer people are still out there.
Reply to this comment
by Stang5150 May 18, 2009 6:17 AM PDT
"Federal authorities accused Adonis Gladney of selling counterfeit Microsoft product keys"


You know with a name like "Adonis" he's gonna be the belle of the ball in prison. His dance card is sure to be filled.
Reply to this comment
by wontonbob May 18, 2009 11:47 AM PDT
So am I to understand there are folks here that believe it is OK to walk into a store and take out $3M of software and resell it, because dislike the software company in question?

What is the difference when it comes down to this vs. selling via web? Would you to expect the police to let this happen?

Silly comments here...Let him go? don't prosecute? Are you all high?

$187,500 in sales tax just went bye bye. With all the state employees being layed off in my area, I'm sure there was no harm!
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