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1985 United States Supreme Court case
Dowling v. United States United States Supreme Court case that discussed whether copies of copyrighted works could be regarded as stolen property for the purposes of a law which criminalized the interstate transportation of property that had been "stolen, converted or taken by fraud" and holding that they could not be so regarded under that law.[ 1]
Background
Paul Edmond Dowling ran a
Burbank, Los Angeles County, California
.
The federal government brought its initial case against Dowling in the
mail fraud
. The charges of mail fraud arose out of his use of the United States Postal Service to distribute the records.
Dowling appealed all convictions besides those of copyright infringement and the case moved to the Ninth Circuit Court of Appeals , where he argued that the goods he was distributing were not "stolen, converted or taken by fraud", according to the language of 18 U.S.C. 2314 - the interstate transportation statute under which he was convicted. The court disagreed, affirming the original decision and upholding the conviction. Dowling then took the case to the Supreme Court, which sided with his argument and reversed the convictions. From the Reporter of Decision's syllabus:
The phonorecords in question were not "stolen, converted or taken by fraud" for purposes of [section] 2314. The section's language clearly contemplates a physical identity between the items unlawfully obtained and those eventually transported, and hence some prior physical taking of the subject goods. Since the statutorily defined property rights of a copyright holder have a character distinct from the possessory interest of the owner of simple "goods, wares, [or] merchandise," interference with copyright does not easily equate with theft, conversion, or fraud. The infringer of a copyright does not assume physical control over the copyright nor wholly deprive its owner of its use. Infringement implicates a more complex set of property interests than does run-of-the-mill theft, conversion, or fraud.
See also
References
External links
Dormant Commerce Clause
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