Tuesday, October 01, 2013

United States v. Liu, No. 10-10613 (10-1-13) (Nguyen with Noonan and Fisher). 

The 9th reverses and remands convictions for criminal copyright infringement and trafficking in counterfeit labels.  The reversals were for errors in the jury instructions.  The defendant in willfully making copies had to know specifically that he was acting illegally and that to knowingly traffic means that he acted with the knowledge he had to know that the labels were counterfeit.  Here, the defendant made copies of DVDs and CDs that supposedly infringed on copyright protection and also software.  He argued that he simply did not know they were illegal.  The court's instructions were erroneous in not requiring that the defendant know his acts were illegal or that the counterfeits were indeed counterfeits.


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