US v. Lundgren (11th Circuit 2018)
A pending scenario in opposition to recycler Eric Lundgren has now moved to the 11th Circuit Courtroom of Appeals. Lundgren pled guilty to criminal copyright infringement and was sentenced to 15 months incarceration. The fundamental principles are that he manufactured over 28,000 discs containing Dell/Microsoft Restore Discs and shipped them from China to the U.S. Lundgren argued that the discs need to be observed as publicly accessible due to the fact they really don’t perform with no an accessibility code and his genuine plan involved working with reputable accessibility codes that he experienced acquired from purchasers. Microsoft apparently pushed the Miami FBI to pursue Lundgren for counterfeiting and past year he pled guilty to equally Felony Copyright Infringement and Conspiracy to Visitors in Counterfeit Products.
- 17 U.S.C. § 506(a)(1)(A) (“Any man or woman who willfully infringes a copyright shall be punished … if the infringement was committed (A) for uses of professional benefit or non-public economic gain”).
- 18 U.S.C. § 2320(a)(1) (“Whoever intentionally— (1) traffics in products or solutions and knowingly uses a counterfeit mark on or in connection with these products or services”).
The conspiracy to targeted traffic in counterfeit products is, I consider, what genuinely drove the charges — the problem with the discs was not only that they were being Microsoft Restore discs, but that he experienced printed on them the Dell and Microsoft logos. Of training course, a person trick with Conspiracy is that it is a upcoming-crime – an agreement to dedicate a crime at some time in the upcoming.
For the reason that he pled guilty, Lundgren is not interesting his conviction, but rather is focusing on the 15-month prison sentence. Essentially, the sentence matches with the sentencing recommendations for the $700,000 in damage that the choose identified ($25 per disc). Lundgren argues on charm that this calculation is incredibly off-the-mark due to the fact the discs were being (at the time) presented absent for free of charge by the organizations.
Mark Rifkin and Randall Newman of Wolf Haldenstein (NY) are lead lawyers on the scenario.