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U.S. v. WHITEHEAD

Nos. 05-50458, 05-50506.

532 F.3d 991 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas Michael WHITEHEAD, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Thomas Michael Whitehead, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Vacated September 12, 2006.

Resubmitted July 14, 2008.

Filed July 14, 2008.

Attorney(s) appearing for the Case

Michael J. Raphael and Thomas P. O'Brien, Assistant United States Attorneys; Debra Wong Yang, United States Attorney, Los Angeles, CA, for the plaintiff-appellant.

Nina Marino, Kaplan Marino, Beverly Hills, CA, for the defendant-appellee.

PER CURIAM Opinion; Dissent by Judge BYBEE.

PER CURIAM:

Thomas Michael Whitehead sold over $1 million worth of counterfeit "access cards" that allowed his customers to access DirecTV's digital satellite feed without paying for it. The jury convicted him of breaking various federal laws, including the Digital Millennium Copyright Act, which forbids the sale of devices that are designed to "circumvent[ ] a technological measure" that protects copyrighted works. 17 U.S.C. § 1201(a)(2)(A). The district court...

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