主题：【讨论】带盗版DVD进海关会不会被巨额罚款 -- landlord

我们学校毕业的一个家伙，有点BT，带了80张光盘，被查了，每张5000刀。

乖乖，那个是40万美元。

听说海关还会给被罚的人介绍贷款。。。利息率就不知道了

Articles bearing marks that are counterfeit or inappropriately using a federally registered trademark are subject to seizure and forfeiture.The importation of articles intended for sale or public distribution bearing counterfeit marks may subject an individual to a civil fine if the registered trademark has also been recorded with CBP.

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In regard to copyright infringement, articles that are determined by CBP to be clearly piratical of a protected copyright, i.e., unauthorized articles that are substantially similar to a material protected by a copyright, are subject to seizure. A personal use exemption for articles, similar to that described above also applies to copyrighted articles for the personal, non-commercial use of the importer and are not for sale or distribution.

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Products subject to copyright protection most commonly imported include software on CD-ROMs, sound recordings, toys, stuffed animals, clothing with cartoon characters, videotapes, DVDs, music CDs, and books. Products subject to trademark protection most commonly imported include handbags and accessories, and clothing.

An organization based in the Detroit area was responsible for importing counterfeit Zig Zag cigarette papers with an estimated value of $16 million and selling them well below the cost of the registered brand. The organization also laundered approximately $1 million in proceeds derived from the sale of the counterfeit merchandise. Seven individuals were convicted of federal violations associated with the ongoing criminal enterprise, including trafficking in counterfeit goods, conspiracy, money laundering, false statements and perjury. Defendants were ordered to pay over $6 million in restitution to the trademark holder and three of them will be removed from the United States on completion of their prison sentences.

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Operation Spring, the first U.S.-Sino joint undercover law enforcement operation in the People's Republic of China (PRC) resulted in the arrest of a U.S. citizen in Shanghai and the forfeiture of 160,000 counterfeit DVDs. The U.S. citizen was initially convicted of violating PRC counterfeiting laws prior to being expelled to the United States, where he was sentenced to 60 months incarceration and three years supervised release and fined $15,000 for conspiracy to traffic in counterfeit DVDs and other related charges. The individual also forfeited criminal proceeds of $823,833 to the U.S. government.

中国大陆一个旅美专业人士团体日前透露，其会员前不久在旧金山国际机场入境时，因携带了一百多张包括淫秽内容的盗版DVD影碟，遭机场海关重罚了十多万元。在循法律途径解决不果后，该会员不得已只好变卖房产，缴纳罚金。

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根据「1982年美国盗版和走私修正法案」，被查获的盗版制品持有人将面临最低罚款2万5000元或一年以下监禁，最高罚款25万元或五年以下监禁的处罚。

§ 506. Criminal offenses5

(a) Criminal Infringement. - Any person who infringes a copyright willfully either -

(1) for purposes of commercial advantage or private financial gain, or

(2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000,

shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement.

§ 2319. Criminal infringement of a copyright

How Current is This?

(a) Whoever violates section 506 (a) (relating to criminal offenses) of title 17 shall be punished as provided in subsections (b) and (c) of this section and such penalties shall be in addition to any other provisions of title 17 or any other law.

(b) Any person who commits an offense under section 506 (a)(1) of title 17—

(1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500;

(2) shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense under paragraph (1); and

(3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case.

(c) Any person who commits an offense under section 506 (a)(2) of title 17, United States Code—

(1) shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more;

(2) shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense under paragraph (1); and

(3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000.

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