The Criminal Law of Intellectual Property and Information: Cases and Materials
, by Moohr, Geraldine Szott- ISBN: 9780314154316 | 0314154310
- Cover: Paperback
- Copyright: 2/11/2008
Preface | p. v |
Acknowledgments | p. ix |
Table of Cases | p. xix |
Table of Authorities | p. xxv |
The Common Law of Theft and Misappropriation | |
Introduction | p. 2 |
"What Is Stolen Must Be Property" | p. 2 |
Criminal Conduct and New Forms of Property | p. 2 |
Expanding Conceptions of Property and Conduct | p. 4 |
United States v. Turley | p. 4 |
Notes and Questions | p. 8 |
Regina v. Stewart | p. 9 |
Notes and Questions | p. 13 |
Problem 1.A. The Case of the Missing Cookie Recipe | p. 14 |
Problem 1.A Supplement. The Recipe | p. 16 |
The Common Law of Theft | p. 17 |
Introduction | p. 17 |
The Mens Rea of Theft Offenses | p. 18 |
People v. Brown | p. 18 |
Notes and Questions | p. 20 |
Problem 2.A. The Case of the Missing Exam | p. 20 |
Morissette v. United States | p. 21 |
Notes and Questions | p. 25 |
People v. Kunkin | p. 25 |
Notes and Questions | p. 28 |
The Property Element of Theft Offenses | p. 29 |
Brooks v. State | p. 29 |
Notes and Questions | p. 32 |
State v. Miller | p. 33 |
Notes and Questions | p. 35 |
Problem 2.B. The Case of the Secretary's Electricity Bill | p. 36 |
People v. Ashworth | p. 36 |
Notes and Questions | p. 39 |
Property Issues Raised by Computer Use | p. 40 |
People v. Weg | p. 41 |
Notes and Questions | p. 45 |
State v. McGraw | p. 45 |
Notes and Questions | p. 48 |
Lund v. Commonwealth | p. 49 |
Notes and Questions | p. 52 |
Evans v. Commonwealth | p. 53 |
Notes and Questions | p. 55 |
Note on the Value of Intangible Property | p. 56 |
Notes and Questions | p. 59 |
Misappropriation and Conversion | p. 60 |
What Is Misappropriation? | p. 61 |
International News Service v. Associated Press | p. 61 |
Notes and Questions | p. 69 |
Modern Applications of Misappropriation Doctrine | p. 72 |
United States Golf Association v. St. Andrews Systems, Data-Max, Inc. | p. 72 |
Notes and Questions | p. 77 |
United States Golf Association v. Arroyo Software Corp. | p. 78 |
Notes and Questions | p. 81 |
Note on Misappropriation and Copyright Infringement | p. 82 |
Notes and Questions | p. 83 |
Problem 3.A. The Case of the Lost Idea | p. 84 |
Problem 3.B. The Case of the Framed Database | p. 85 |
Note on Criminal Misappropriation | p. 86 |
Notes and Questions | p. 86 |
What Is Conversion? | p. 87 |
The Tort of Conversion | p. 87 |
Moore v. Regents of the University of California | p. 87 |
Notes and Questions | p. 94 |
The Crime of Conversion | p. 96 |
Morissette v. United States | p. 96 |
Notes and Questions | p. 97 |
United States v. Girard | p. 98 |
Notes and Questions | p. 100 |
United States v. Collins | p. 101 |
Notes and Questions | p. 106 |
Problem 3.C. Literary Theft, Borrowing, or a Crime? | p. 108 |
Crimes of Intellectual Property and Information | |
Trade Secrets and the Economic Espionage Act | p. 112 |
What Is a Trade Secret? | p. 113 |
Schulenburg v. Signatrol, Inc. | p. 113 |
Notes and Questions | p. 117 |
Schalk v. State | p. 118 |
Notes and Questions | p. 126 |
Problem 4.A. A Finger Lick'n Trade Secret | p. 127 |
Why Are Trade Secrets Protected? | p. 128 |
The Conduct Rationale | p. 128 |
Du Pont v. Masland | p. 128 |
DuPont v. Christopher | p. 129 |
Notes and Questions | p. 132 |
The Property Rationale | p. 133 |
Ruckelshaus v. Monsanto | p. 133 |
Notes and Questions | p. 136 |
Rockwell Graphic Systems v. DEV Industries | p. 137 |
Notes and Questions | p. 143 |
The Economic Espionage Act | p. 144 |
Passage of the EEA | p. 144 |
United States v. Hsu (Hsu II) | p. 144 |
Notes and Questions | p. 146 |
Note on Federal Criminal Law | p. 147 |
Attempt to Steal a Trade Secret | p. 149 |
United States v. Hsu (Hsu II) | p. 149 |
Notes and Questions | p. 158 |
Defining a Trade Secret Under the EEA | p. 159 |
United States v. Hsu (Hsu IV) | p. 159 |
Notes and Questions | p. 165 |
United States v. Krumrei | p. 166 |
Notes and Questions | p. 169 |
United States v. Lange | p. 170 |
Notes and Questions | p. 176 |
Problem 4.B. Trade Secrets in the Executive Suite | p. 177 |
Policy Implications of the EEA | p. 177 |
Employee Mobility | p. 177 |
United States v. Martin | p. 177 |
Notes and Questions | p. 185 |
The Problematic Role of Criminal Law in Regulating Use of Information: The Case of the Economic Espionage Act Geraldine Szott Moohr | p. 186 |
Notes and Questions | p. 188 |
Reverse Engineering | p. 188 |
The Economic Espionage Act-Reverse Engineering and the Intellectual Property Public Policy Craig L. Uhrich | p. 189 |
Notes and Questions | p. 190 |
Problem 4.C. Reporter's Sources as Trade Secrets | p. 190 |
Fraudulent Misappropriation of Information | p. 192 |
Federal Mai and Wire Fraud | p. 193 |
Pereira v. United States | p. 194 |
Notes and Questions | p. 196 |
Problem 5.A. Click Fraud | p. 198 |
United States v. Siegel | p. 199 |
Notes and Questions | p. 205 |
Note on Honest Services Fraud | p. 206 |
McNally v. United States | p. 207 |
Notes and Questions | p. 212 |
Problem 5.B. Is the Honest Services Amendment Void for Vagueness? | p. 213 |
United States v. deVegter | p. 214 |
Notes and Questions | p. 219 |
Problem 5.C. Is It Honest Services Fraud? | p. 220 |
Fraud and Confidential Information | p. 221 |
Carpenter v. United States | p. 221 |
Notes and Questions | p. 224 |
United States v. Czubinski | p. 226 |
Notes and Questions | p. 232 |
United States v. Martin | p. 233 |
Notes and Questions | p. 236 |
Problem 5.D. The Case of the Missing Spleen | p. 237 |
Refining the Property Element | p. 238 |
Cleveland v. United States | p. 238 |
Notes and Questions | p. 242 |
Scheidler v. National Organization for Women, Inc. | p. 245 |
Notes and Questions | p. 248 |
United States v. Alkaabi | p. 249 |
United States v. Alsugair | p. 252 |
Notes and Questions | p. 257 |
United States v. Hedaithy | p. 257 |
Notes and Questions | p. 265 |
Problem 5.E. Cheating on the Bar | p. 267 |
Insider Trading | p. 267 |
Chiarella v. United States | p. 269 |
Notes and Questions | p. 274 |
Dirks v. Securities and Exchange Commission | p. 275 |
Notes and Questions | p. 280 |
United States v. O'Hagan | p. 281 |
Notes and Questions | p. 287 |
Problem 5.F. The Case of Martha Stewart's Trade | p. 289 |
Criminal Copyright Infringement | p. 291 |
The Rationale of Copyright Law | p. 292 |
Feist Publications, Inc. v. Rural Telephone Service Company, Inc. | p. 292 |
Notes and Questions | p. 298 |
Problem 6.A. The Red and Blue Attorney Directories | p. 300 |
United States v. Bily | p. 301 |
Notes and Questions | p. 303 |
Criminal Copyright Infringement-The Basic Offense | p. 303 |
Legislative Background | p. 304 |
United States v. LaMacchia | p. 304 |
Notes and Questions | p. 305 |
Mens Rea-Willful Infringement for Financial Gain | p. 306 |
United States v. Moran | p. 306 |
Notes and Questions | p. 312 |
United States v. Cross | p. 314 |
Notes and Questions | p. 317 |
Infringing a Valid Copyright-The Relevance of Civil Infringement | p. 318 |
United States v. Larracuente | p. 318 |
Notes and Questions | p. 320 |
Problem 6.B. Feist, Redux | p. 323 |
Copyright Infringement as Theft and Fraud | p. 324 |
Infringement as a Stolen Property Offense | p. 324 |
Dowling v. United States | p. 324 |
Notes and Questions | p. 331 |
United States v. Brown | p. 332 |
Notes and Questions | p. 336 |
Copyright Infringement as Fraud | p. 341 |
United States v. LaMacchia | p. 341 |
Notes and Questions | p. 346 |
New Copyright Crimes | p. 348 |
The No Electronic Theft Act | p. 348 |
Notes and Questions | p. 349 |
Problem 6.C. The Case of the Pharmaceutical Sales Rep | p. 350 |
United States v. Slater | p. 350 |
Notes and Questions | p. 355 |
The File-Sharing Phenomenon | p. 358 |
Metro-Goldwyn-Mayer Studios, Inc. v. Grokster | p. 358 |
Notes on File-Sharing | p. 360 |
Problem 6.D. Is File-Sharing a Crime? Should It Be? | p. 363 |
The Family Entertainment and Copyright Act | p. 363 |
Quasi-Copyright Crimes | p. 365 |
The Digital Millennium Copyright Act | p. 365 |
United States v. Elcom Ltd. | p. 366 |
Notes and Questions | p. 372 |
Bootlegging | p. 374 |
Problem 6.E. Tape Trading or Bootlegging? | p. 376 |
Camcording | p. 377 |
Notes and Questions | p. 377 |
Problem 6.F. The "Transformed" Movie | p. 378 |
Related Offenses | |
Identity Theft | p. 380 |
What Is Identity Theft? | p. 381 |
United States v. Wells | p. 381 |
Notes and Questions | p. 384 |
Problem 7.A. Creating a New Identity | p. 386 |
Note on TRW v. Andrews and Civil Remedies | p. 387 |
Notes and Questions | p. 388 |
Problem 7.B. Wrong Choice at ChoicePoint | p. 391 |
The Federal Criminal Scheme | p. 391 |
The Offense of Identity Theft | p. 392 |
United States v. Della Rose | p. 392 |
Notes and Questions | p. 396 |
United States v. Quinteros | p. 398 |
Notes and Questions | p. 400 |
United States v. Harrison | p. 402 |
Notes and Questions | p. 406 |
Enhanced Punishment | p. 407 |
United States v. Montejo | p. 408 |
Notes and Questions | p. 416 |
Note on Sentencing for Identity Theft | p. 418 |
Notes and Questions | p. 418 |
Problem 7.C. The Renter's Dilemma | p. 419 |
Computer Fraud and Abuse | p. 420 |
The Computer Fraud and Abuse Act | p. 420 |
Pacific Aerospace & Electronics, Inc. v. Taylor | p. 420 |
Notes and Questions | p. 422 |
Damaging Computers | p. 423 |
United States v. Trotter | p. 423 |
United States v. Mitra | p. 426 |
Notes and Questions | p. 430 |
United States v. Morris | p. 431 |
Notes and Questions | p. 436 |
Problem 8.A. Morris, Redux | p. 437 |
United States v. Middleton | p. 438 |
Notes and Questions | p. 442 |
Problem 8.B. The Disgruntled Employee | p. 443 |
Using Computers to Defraud and Misappropriate | p. 444 |
United States v. Czubinski | p. 444 |
Notes and Questions | p. 446 |
Problem 8.C. Republicans v. Democrats | p. 446 |
United States v. Ivanov | p. 447 |
Notes and Questions | p. 452 |
Shurgard Storage Centers, Inc. v. Safeguard Self Storage, Inc. | p. 453 |
Notes and Questions | p. 460 |
P.C. Yonkers, Inc. v. Celebrations the Party and Seasonal Superstore, LLC | p. 461 |
Notes and Questions | p. 467 |
Using Computers for Spam | p. 468 |
Prohibited Conduct | p. 469 |
United States v. Kilbride | p. 469 |
Notes and Questions | p. 476 |
Mens Rea Issues | p. 477 |
United States v. Twombly | p. 477 |
Notes and Questions | p. 480 |
Statutory Appendix | p. 482 |
Index | p. 515 |
Table of Contents provided by Ingram. All Rights Reserved. |
The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.
The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.
Digital License
You are licensing a digital product for a set duration. Durations are set forth in the product description, with "Lifetime" typically meaning five (5) years of online access and permanent download to a supported device. All licenses are non-transferable.
More details can be found here.