120 STAT. 288
PUBLIC LAW 109–181—MAR. 16, 2006 an anti-circumvention device, or the item in which the defendant trafficked was infringing and also was intended to facilitate infringement in another good or service, such as a counterfeit label, documentation, or packaging, taking into account cases such as U.S. v. Sung, 87 F.3d 194 (7th Cir. 1996).
Protecting American Goods and Services Act of 2005. 18 USC 1 note.
SEC. 2. TRAFFICKING DEFINED.
(a) SHORT TITLE.—This section may be cited as the ‘‘Protecting American Goods and Services Act of 2005’’. (b) COUNTERFEIT GOODS OR SERVICES.—Section 2320(e) of title 18, United States Code, is amended— (1) by striking paragraph (2) and inserting the following: ‘‘(2) the term ‘traffic’ means to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of;’’; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: ‘‘(3) the term ‘financial gain’ includes the receipt, or expected receipt, of anything of value; and’’. (c) CONFORMING AMENDMENTS.— (1) SOUND RECORDINGS AND MUSIC VIDEOS OF LIVE MUSICAL PERFORMANCES.—Section 2319A(e) of title 18, United States Code, is amended by striking paragraph (2) and inserting the following: ‘‘(2) the term ‘traffic’ has the same meaning as in section 2320(e) of this title.’’. (2) COUNTERFEIT LABELS FOR PHONORECORDS, COMPUTER PROGRAMS, ETC.—Section 2318(b) of title 18, United States Code, is amended by striking paragraph (2) and inserting the following: ‘‘(2) the term ‘traffic’ has the same meaning as in section 2320(e) of this title;’’. (3) ANTI-BOOTLEGGING.—Section 1101 of title 17, United States Code, is amended by striking subsection (b) and inserting the following: ‘‘(b) DEFINITION.—In this section, the term ‘traffic’ has the same meaning as in section 2320(e) of title 18.’’. Approved March 16, 2006.
LEGISLATIVE HISTORY—H.R. 32 (S. 1699): HOUSE REPORTS: No. 109–68 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 151 (2005): May 23, considered and passed House. Vol. 152 (2006): Feb. 15, considered and passed Senate, amended. Mar. 7, House concurred in Senate amendment.
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