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United States v. Wittich

Citations: 54 F. Supp. 3d 613; 2014 U.S. Dist. LEXIS 145784; 2014 WL 5113315Docket: Criminal Action No. 14-35

Court: District Court, E.D. Louisiana; October 10, 2014; Federal District Court

Narrative Opinion Summary

The case involves defendants Rainer Wittich and The Brinson Company (TBC) facing multiple charges related to copyright infringement, including conspiracy, circumvention of technological measures, and trafficking in circumvention technologies. The indictment, initially issued by a grand jury, was contested by the defendants through a motion to dismiss, arguing the necessity of copyright registration for criminal infringement claims and asserting constitutional vagueness. The court examined whether the indictment adequately alleged the existence of a copyright and the necessity of registration, ultimately ruling against the defendants. It found that copyright protection under 17 U.S.C. sections 102, 408, and others applies irrespective of registration in criminal contexts, and that the statutes are not unconstitutionally vague due to their requirement of willful conduct. The court also emphasized that the indictment sufficiently outlined the elements of the offenses, enabling the defendants to prepare a defense and invoke double jeopardy protections. Thus, the court denied the motion to dismiss, affirming the indictment's validity under the specified statutes.

Legal Issues Addressed

Criminal Copyright Infringement under 17 U.S.C. 506(a)(1)(A)

Application: The court ruled that copyright registration is not required for criminal copyright infringement under this statute.

Reasoning: The court emphasized that under 17 U.S.C. sections 102, 408, 506(a)(1)(A), 1201(a)(2)(A), and 1204(a)(1), copyright protection attaches to works irrespective of registration, and criminal copyright infringement claims do not necessitate copyright registration.

Pretrial Motion to Dismiss under Federal Rule of Criminal Procedure 12

Application: The court denied the motion to dismiss, finding that the indictment adequately stated offenses and did not suffer from legal deficiencies.

Reasoning: The court ruled that the applicable statute does not grant police the authority to arbitrarily punish conduct, as it is limited to negligent actions.

Rule of Lenity in Criminal Statutes

Application: The rule of lenity was argued by the defendants but rejected by the court due to the clear statutory language that does not require registration for criminal prosecution.

Reasoning: Wittich and TBC argue for the application of the rule of lenity and the incorporation of 17 U.S.C. 411, but the court finds the statutes clear and unambiguous.

Sufficiency of an Indictment

Application: The indictment was deemed sufficient as it included all elements of the offenses and allowed the defendants to prepare their defense and invoke double jeopardy.

Reasoning: The indictment satisfies the three Ratcliff prongs and is constitutionally adequate regarding violations of 17 U.S.C. 506(a)(1)(A), 1201(a)(2)(A), and 1204(a)(1).

Vagueness Doctrine in Criminal Statutes

Application: The statute is not unconstitutionally vague as it includes a requirement of willfulness, which provides sufficient notice of prohibited conduct and protects against arbitrary enforcement.

Reasoning: The Government maintains that the statutes necessitate a 'willful' mental state, which requires proof of intentional violation by Wittich and TBC, and claims that the allegations in the indictment sufficiently establish that they were aware their actions were unlawful.