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Copyright Cases - U.S. v. Herr (C.D. Cal.)

Press Release
For Immediate Release
February 26, 2001

U.S. Department of Justice
United States Attorney
Central District of California
Thom Mrozek, Public Affairs Officer
(213) 894-6947


An Orange County man has pleaded guilty to federal charges that he manufactured, labeled and sold counterfeit Microsoft software, United States Attorney Alejandro N. Mayorkas announced today.

Adrian Frederick Herr, 30, of Laguna Hills, pleaded guilty Thursday afternoon to one count of infringing Microsoft’s copyrights on a variety of computer software products, including Microsoft Windows 98, Microsoft Windows 2000, Microsoft Office 2000 and Microsoft Publisher 2000. Herr also pleaded guilty to one count of labeling the counterfeit products with phony Microsoft labels.

Pleading guilty to the two felony counts before United States District Judge Alicemarie H. Stoler in federal court in Santa Ana, Herr admitted that he manufactured – or "burned" – illicit copies of copyrighted Microsoft products without Microsoft’s authorization or approval. Herr further admitted to placing an advertisement on the Internet and in the Recycler magazine, and then selling his counterfeit software out of his house.

Previously, the government offered Herr a chance to get out of the counterfeit software business in return for not filing charges. But Herr was back advertising, manufacturing and selling counterfeit software within weeks of entering into an agreement with the government in April 2000.

Investigators believe that Herr sold between $20,000 and $30,000 worth of counterfeit software.

Herr is scheduled to be sentenced by Judge Stotler on May 21. The two felony charges in this case carry a maximum penalty of 10 years in federal prison and fines of up to $500,000.
This case was investigated by the Federal Bureau of Investigation.

CONTACT: Assistant United States Attorney David S. Lavine
(714) 338-3593



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