COMMONWEALTH v. YOURAWSKI


384 Mass. 386 (1981)

425 N.E.2d 298

COMMONWEALTH vs. THOMAS YOURAWSKI (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

August 19, 1981.


Attorney(s) appearing for the Case

Michael F. Gaffney, Jr., Assistant District Attorney (John T. Dawley, Legal Assistant to the District Attorney, with him) for the Commonwealth.

Gerald Alch for Thomas Yourawski (Alan Chapman, for Dominic Rizzuto, joined in a brief).

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.


WILKINS, J.

The Commonwealth's appeal raises the question whether the intellectual property contained in a video cassette tape of a motion picture can be stolen property, the receipt of which is a crime as defined in G.L.c. 266, § 60. We are not concerned here with the receipt of stolen video cassette tapes, but only with the receipt of the allegedly stolen material contained on those tapes. A Superior Court judge dismissed the indictments, and the Commonwealth...

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