United States v. Fair’s Empirical Analysis
699 F.3d 508 · 2012
Citation profile
6 federal appellate · 1 district ·
Relationships
Applies 17 U.S.C. § 504 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 506 (§ 101 of the Copyright Act of 1976) · 18 U.S.C. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 18 U.S.C. § 2319 · 18 U.S.C. § 3663A (§ 204 of the Antiterrorism and Effective Death Penalty Act of 1996) · 18 U.S.C. § 3664
Relies on Bigelow v. RKO Radio Pictures, Inc. · Story Parchment Co. v. Paterson Parchment Paper Co. · United States v. George · United States v. Harvey · United States v. Badaracco
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“restore a victim, to the extent money can do so, to the position [the victim] occupied before sustaining injury.”
2 later decisions quote this exact passage · from the majority“In cases involving copyright infringement and fraudulent sales, the victim’s actual loss typically equates to the profit the victim lost on the sales that were diverted from the victim as a result of the defendant’s infringing sales. Under this lost-profits on diverted-sales theory, the government must offer sufficient evidence to establish both the profit margin per sale and the number of sales lost. If the record does not demonstrate that the counterfeit goods ever reached the market, or that their introduction to the market in fact “thwarted” actual sales of the victim’s product, courts have held that no actual loss can be shown and restitution therefore is inappropriate. In this regard, the actual loss to the displaced (authentic) seller is the profit lost from the displaced sales — not the retail value of the goods that would have been sold. The gross proceeds that the defendant collects from infringing sales are similarly an inappropriate gauge of the victim’s lost profits.”
1 later decision quote this exact passage · from the majority“the court shall order restitution to each victim in the full amount of each victim's losses as determined by the court and without consideration of the economic circumstances of the defendant.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.