July 23, 2017

Updates on Federal Law Concerning Criminal Theft of Trade Secrets and Computer Hacking

Whether you are a criminal lawyer seeking guidance on intellectual property issues or a civil lawyer with questions about criminal law or the use of criminal statutes in civil litigation, you’ll want to get a copy of my book, Intellectual Property & Computer CrimesIt is a invaluable reference for you Internet and Computer Law practice. To obtain a copy click here.

Release 22 of my classic work was just published and this update features an analysis of the recent Supreme Court case, Kirtsaeng v. John Wiley & Sons. The Supreme Court considered whether the first sale provision of Section 109 applies to copies “lawfully made” outside the United States, which would permit purchasers of copies manufactured abroad to import such copies into the U.S.  and sell or otherwise distribute them without permission from the copyright owner, so long as copies were originally produced with the copyright owner’s authorization. The issue requires unraveling the copyright owner’s right of public distribution, its lesser included rights of importation and the first sale doctrine limitation’s on the distribution right.

Other topics discussed in this Release include:

*  Availability of preregistration for certain types of works considered by the Copyright Office to be especially vulnerable to piracy before their lawful release or publication.

* Criminal violations involving unlawful distribution of a work being prepared for commercial distribution under Section 506(a) of the Copyright Act.

* Whether a distributor of copyrighted works may, under the Mandatory Victims Restitution Act, qualify for restitution from a criminal infringer of the works.

*  Regulatory exemptions to liability under Section 1201(a)(1) of the DMCA.

*  Statutory maximum terms of imprisonment for defendants convicted of trafficking in counterfeit military goods.

*  Standing analysis under the CAN-SPAM Act.

Inellectual Property & Computer Crimes explains the criminal laws that apply to violations of intellectual property rights and unauthorized computer access, as well as civil violations under the Computer Fraud and Abuse Act — and their impact on your clients. Intellectual Property and Computer Crimes examines criminal infringement, the expanded scope of computer hacking laws, and the important legal issues that arise when these crimes are prosecuted.

To obtain a copy click here.

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