Constructure Technologies, LLC Also Enters into Deferred Prosecution Agreement to Resolve Charge Related to Illegal Installation of Software between 2011 and 2018
Michael Calabria, Joseph Keegan and Casey Silver pleaded guilty yesterday in federal court in Central Islip to criminal copyright infringement. Calabria and Keegan were principals of Constructure Technologies, LLC (“Constructure”), located in Melville, New York, and Silver was a Constructure employee. The charge relates to the defendants’ installing unlicensed versions of software by using “cracking” programs or “key generators,” which allowed Constructure employees to activate copies of the software without paying for a license and obtaining a key. In addition to the guilty pleas, Constructure itself is charged with a felony violation of the Digital Millennium Copyright Act (“DMCA”) and agreed to pay a $60,000 fine. The fine is part of a deferred prosecution agreement that Constructure has entered into with the United States Attorney’s Office for the Eastern District of New York. The relevant portion of the DMCA prohibits the criminal circumvention of copyright protection systems, including encryption systems.