Microsoft Corp. v. Pronet Cyber Technologies, Inc.

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

At issue in this counterfeiting case is whether plaintiff is entitled to partial summary judgment on defendants’ liability pursuant to 18 U.S.C. § 2318, which makes unlawful knowing trafficking in counterfeit labels in connection with a copy of a computer program. Defendants oppose partial summary judgment solely on the ground that they did not know their conduct was unlawful, and hence they did not “knowingly” traffic in counterfeit labels.

For the reasons that follow, plaintiff is entitled to partial summary judgment. Specifically,…