Microsoft Corp. v. EEE Business Inc.

ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT

Now before the Court is the motion for partial summary judgment filed by Plaintiff Microsoft Corporation (“Microsoft”) against defendant Lifeng Wang, a/k/a Alice Wang (‘Wang”) for dismissal of claims one through four of the complaint for damages and injunctive relief. Having carefully considered the parties’ papers, oral argument, and the relevant legal authority, the Court hereby GRANTS Microsoft’s motion for partial summary judgment.

BACKGROUND

Defendant Wang was previously arrested for selling counterfeit Microsoft software, conduct which resulted in her prosecution, a sentence of two months in prison and an order to pay restitution in the amount $93, 611. (See Declaration of Deborah M. Johnson “(D. Johnson Decl.”), Ex. 1, Wang Tr. Ex. 7.) Wang was also civilly sued by Microsoft for copyright infringement and defendant settled that action in June 2006 for a large payment and her agreement to refrain from further acts of infringement. (See id., Wang Tr. Exs. 8, 9.)

Despite this prior conduct, Microsoft alleges in this lawsuit that defendant Wang is again liable for infringing its copyrighted works by setting up and running…