{ "id": 4272551, "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. PAUL WILLIAMS, Defendant-Appellant", "name_abbreviation": "People v. Williams", "decision_date": "2007-09-10", "docket_number": "No. 1-05-1141", "first_page": "875", "last_page": "899", "citations": [ { "type": "official", "cite": "376 Ill. App. 3d 875" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "N.Y. Penal Law \u00a7275.25", "category": "laws:leg_act", "reporter": "N.Y.", "pin_cites": [ { "parenthetical": "McKinney 2004" } ], "opinion_index": 0 }, { "cite": "362 U.S. 60", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6162530 ], "weight": 3, "year": 1960, "opinion_index": 0, "case_paths": [ "/us/362/0060-01" ] }, { "cite": "485 U.S. 1", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 13427 ], "weight": 3, "year": 1988, "pin_cites": [ { "page": "13" }, { "page": "15" }, { "page": "859" } ], "opinion_index": 0, "case_paths": [ "/us/485/0001-01" ] }, { "cite": "795 N.E.2d 953", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2003, "pin_cites": [ { "parenthetical": "noting that \"the legislature should not be required to carry the burden of carving out every possible [anomalous] exception at the risk of having its statute declared facially unconstitutional\"" } ], "opinion_index": 0 }, { "cite": "342 Ill. App. 3d 716", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3473884 ], "year": 2003, "pin_cites": [ { "page": "729", "parenthetical": "noting that \"the legislature should not be required to carry the burden of carving out every possible [anomalous] exception at the risk of having its statute declared facially unconstitutional\"" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/342/0716-01" ] }, { "cite": "179 Ill. 2d 367", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 801349 ], "year": 1997, "pin_cites": [ { "page": "377", "parenthetical": "the role of courts is not to judge the prudence of decisions by the General Assembly" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/179/0367-01" ] }, { "cite": "795 N.E.2d 240", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2003, "pin_cites": [ { "parenthetical": "recognizing that \"the General Assembly is free to enact any legislation that the constitution does not expressly prohibit\"" } ], "opinion_index": 0 }, { "cite": "206 Ill. 2d 480", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 1578240 ], "year": 2003, "pin_cites": [ { "page": "489", "parenthetical": "recognizing that \"the General Assembly is free to enact any legislation that the constitution does not expressly prohibit\"" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/206/0480-01" ] }, { "cite": "658 N.E.2d 445", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1995, "opinion_index": 0 }, { "cite": "168 Ill. 2d 107", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 307263 ], "year": 1995, "pin_cites": [ { "page": "114" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/168/0107-01" ] }, { "cite": "862 N.E.2d 235", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2007, "opinion_index": 0 }, { "cite": "222 Ill. 2d 611", "category": "reporters:state", "reporter": "Ill. 2d", "year": 2007, "opinion_index": 0 }, { "cite": "856 N.E.2d 551", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2006, "opinion_index": 0 }, { "cite": "368 Ill. App. 3d 288", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4265984 ], "weight": 10, "year": 2006, "pin_cites": [ { "page": "297" }, { "page": "297" }, { "page": "297" }, { "page": "294" }, { "page": "295" }, { "page": "295" }, { "page": "297" }, { "page": "295" }, { "page": "297" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/368/0288-01" ] }, { "cite": "481 N.E.2d 676", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1985, "opinion_index": 0 }, { "cite": "107 Ill. 2d 62", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3134711 ], "weight": 4, "year": 1985, "pin_cites": [ { "page": "64" }, { "page": "65" }, { "page": "66" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/107/0062-01" ] }, { "cite": "630 N.E.2d 797", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1994, "opinion_index": 0 }, { "cite": "158 Ill. 2d 36", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 780275 ], "weight": 4, "year": 1994, "pin_cites": [ { "page": "38" }, { "page": "42" }, { "page": "43" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/158/0036-01" ] }, { "cite": "581 N.E.2d 637", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1991, "opinion_index": 0 }, { "cite": "144 Ill. 2d 381", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5592803 ], "year": 1991, "pin_cites": [ { "page": "390" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/144/0381-01" ] }, { "cite": "740 N.E.2d 755", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 2000, "opinion_index": 0 }, { "cite": "194 Ill. 2d 1", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 1096297 ], "weight": 5, "year": 2000, "pin_cites": [ { "page": "24" }, { "page": "24" }, { "page": "28" }, { "page": "28" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/194/0001-01" ] }, { "cite": "861 N.E.2d 967", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2006, "opinion_index": 0 }, { "cite": "223 Ill. 2d 569", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3604511 ], "year": 2006, "pin_cites": [ { "page": "596" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/223/0569-01" ] }, { "cite": "798 P.2d 1146", "category": "reporters:state_regional", "reporter": "P.2d", "year": 1990, "pin_cites": [ { "parenthetical": "theft prosecution not preempted by federal copyright law" } ], "opinion_index": 0 }, { "cite": "115 Wash. 2d 434", "category": "reporters:state", "reporter": "Wash. 2d", "case_ids": [ 1379126 ], "year": 1990, "pin_cites": [ { "parenthetical": "theft prosecution not preempted by federal copyright law" } ], "opinion_index": 0, "case_paths": [ "/wash-2d/115/0434-01" ] }, { "cite": "28 U.S.C. \u00a7651", "category": "laws:leg_statute", "reporter": "U.S.C.", "year": 2000, "pin_cites": [ { "page": "et seq." } ], "opinion_index": 0 }, { "cite": "864 R2d 965", "category": "reporters:state_regional", "reporter": "P.2d", "weight": 3, "year": 1994, "pin_cites": [ { "page": "967", "parenthetical": "each invoking the extra element test to decide whether preemption applied" }, { "page": "968" }, { "page": "968", "parenthetical": "all noting that the packaging statutes at issue were consumer protection statutes intended to protect the public from false and deceptive commercial practices" } ], "opinion_index": 0 }, { "cite": "72 Wash. App. 373", "category": "reporters:state", "reporter": "Wash. App.", "case_ids": [ 1741854 ], "weight": 3, "year": 1994, "pin_cites": [ { "page": "376", "parenthetical": "each invoking the extra element test to decide whether preemption applied" }, { "page": "377" }, { "page": "377" } ], "opinion_index": 0, "case_paths": [ "/wash-app/72/0373-01" ] }, { "cite": "697 N.E.2d 624", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 1998, "pin_cites": [ { "page": "627" }, { "page": "628", "parenthetical": "the prosecution of an Ohio statute prohibiting the unauthorized uploading, downloading and posting of computer software was preempted by the Copyright Act because the activities the statute prohibits \"are unauthorized uses governed by the copyright laws\"" } ], "opinion_index": 0 }, { "cite": "83 Ohio St. 3d 41", "category": "reporters:state", "reporter": "Ohio St. 3d", "case_ids": [ 554855 ], "weight": 2, "year": 1998, "pin_cites": [ { "page": "43" }, { "page": "45" } ], "opinion_index": 0, "case_paths": [ "/ohio-st-3d/83/0041-01" ] }, { "cite": "155 Misc. 2d 261", "category": "reporters:state", "reporter": "Misc. 2d", "case_ids": [ 907497 ], "weight": 9, "year": 1992, "pin_cites": [ { "page": "265" }, { "page": "265-68", "parenthetical": "the defendant's prosecution for violating a New York antipiracy statute was preempted by section 301 where the statute dealt exclusively with distribution and prohibited matters related to distribution" }, { "page": "266", "parenthetical": "\" [differing mens rea elements, such as 'awareness' or 'intent' will not provide the 'extra element' to take it out of a copyright infringement claim\"" }, { "page": "265" }, { "page": "268" }, { "page": "268" }, { "page": "268" }, { "page": "268", "parenthetical": "a violation of consumer protection provision may occur even with permission of the copyright owner" }, { "page": "268" } ], "opinion_index": 0, "case_paths": [ "/misc2d/155/0261-01" ] }, { "cite": "588 N.Y.S.2d 991", "category": "reporters:state", "reporter": "N.Y.S.2d", "weight": 9, "year": 1992, "pin_cites": [ { "page": "994" }, { "page": "994-96" }, { "page": "995" }, { "page": "994" }, { "page": "996" }, { "page": "996" }, { "page": "996" }, { "page": "996" }, { "page": "996" } ], "opinion_index": 0 }, { "cite": "109 Md. App. 113", "category": "reporters:state", "reporter": "Md. App.", "case_ids": [ 4433353 ], "weight": 4, "year": 1996, "pin_cites": [ { "page": "124" }, { "page": "61" }, { "page": "125" }, { "page": "62" } ], "opinion_index": 0, "case_paths": [ "/md-app/109/0113-01" ] }, { "cite": "281 Ga. 329", "category": "reporters:state", "reporter": "Ga.", "case_ids": [ 5720922 ], "weight": 3, "year": 2006, "pin_cites": [ { "page": "331" }, { "page": "295" }, { "page": "295" } ], "opinion_index": 0, "case_paths": [ "/ga/281/0329-01" ] }, { "cite": "26 F.3d 100", "category": "reporters:federal", "reporter": "F.3d", "case_ids": [ 10506523 ], "weight": 3, "year": 1994, "pin_cites": [ { "page": "102" }, { "page": "102" }, { "page": "102" } ], "opinion_index": 0, "case_paths": [ "/f3d/26/0100-01" ] }, { "cite": "412 U.S. 546", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6174331 ], "weight": 6, "year": 1973, "pin_cites": [ { "page": "552" }, { "page": "171" }, { "page": "2307" } ], "opinion_index": 0, "case_paths": [ "/us/412/0546-01" ] }, { "cite": "406 F.3d 905", "category": "reporters:federal", "reporter": "F.3d", "case_ids": [ 1095716 ], "year": 2005, "pin_cites": [ { "page": "910" } ], "opinion_index": 0, "case_paths": [ "/f3d/406/0905-01" ] }, { "cite": "720 F.2d 1224", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 1904020 ], "weight": 4, "year": 1983, "pin_cites": [ { "page": "1225-26" }, { "page": "1225" }, { "page": "1226" }, { "page": "1226", "parenthetical": "holding the additional element of scienter did not distinguish the federal theft statute at issue in that case from the tort of copyright infringement because the federal statute requires scienter, and because scienter \"merely narrows the applicability of the statute\"" } ], "opinion_index": 0, "case_paths": [ "/f2d/720/1224-01" ] }, { "cite": "692 N.E.2d 1327", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1998, "opinion_index": 0 }, { "cite": "296 Ill. App. 3d 42", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 222622 ], "year": 1998, "pin_cites": [ { "page": "52" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/296/0042-01" ] }, { "cite": "805 F.2d 663", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 1111448 ], "weight": 2, "year": 1986, "pin_cites": [ { "page": "677" } ], "opinion_index": 0, "case_paths": [ "/f2d/805/0663-01" ] }, { "cite": "728 N.E.2d 1204", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2000, "opinion_index": 0 }, { "cite": "313 Ill. App. 3d 45", "category": "reporters:state", "reporter": "Ill. 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App. 3d", "case_ids": [ 3560640 ], "weight": 3, "year": 1984, "pin_cites": [ { "page": "975" }, { "page": "976", "parenthetical": "where, at the time a violation of section 16 - 8 was a Class B misdemeanor, the court noted that persons dealing with counterfeit identified recordings \"may be considered more culpable than those *** dealing with unidentified sound recording who do not have similar information at hand\"" }, { "page": "976", "parenthetical": "\"we find that section 16 - 8, unlawful use of unidentified sound recordings, is an included offense of section 16 - 7(a)(2)\"" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/121/0968-01" ] }, { "cite": "4 N.Y.3d 540", "category": "reporters:state", "reporter": "N.Y.3d", "case_ids": [ 618842 ], "weight": 6, "year": 2005, "pin_cites": [ { "page": "555" }, { "page": "362" }, { "page": "260" }, { "page": "555" }, { "page": "362" }, { "page": "260" } ], "opinion_index": 0, "case_paths": [ "/ny3d/4/0540-01" ] }, { "cite": "17 U.S.C. \u00a7301", "category": "laws:leg_statute", "reporter": "U.S.C.", "year": 2000, "pin_cites": [ { "page": "(a)" } ], "opinion_index": 0 }, { "cite": "17 U.S.C. \u00a7506", "category": "laws:leg_statute", "reporter": "U.S.C.", "weight": 2, "year": 2000, "pin_cites": [ { "page": "(a)(1)(A)" } ], "opinion_index": 0 }, { "cite": "17 U.S.C. \u00a7106", "category": "laws:leg_statute", "reporter": "U.S.C.", "year": 2000, "opinion_index": 0 }, { "cite": "17 U.S.C. \u00a7102", "category": "laws:leg_statute", "reporter": "U.S.C.", "weight": 2, "year": 2000, "pin_cites": [ { "page": "(a)" }, { "page": "(a)(7)" } ], "opinion_index": 0 }, { "cite": "514 U.S. 645", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 1339053 ], "weight": 3, "year": 1995, "pin_cites": [ { "page": "654" }, { "page": "704" }, { "page": "1676" } ], "opinion_index": 0, "case_paths": [ "/us/514/0645-01" ] }, { "cite": "662 N.E.2d 397", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1996, "opinion_index": 0 }, { "cite": "169 Ill. 2d 325", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 909164 ], "year": 1996, "pin_cites": [ { "page": "335" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/169/0325-01" ] }, { "cite": "534 N.E.2d 962", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 1989, "opinion_index": 0 }, { "cite": "126 Ill. 2d 356", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5557014 ], "weight": 3, "year": 1989, "pin_cites": [ { "page": "361" }, { "page": "361" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/126/0356-01" ] }, { "cite": "852 N.E.2d 522", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2006, "opinion_index": 0 }, { "cite": "366 Ill. App. 3d 649", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4264239 ], "year": 2006, "pin_cites": [ { "page": "659" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/366/0649-01" ] }, { "cite": "857 N.E.2d 250", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2006, "opinion_index": 0 }, { "cite": "223 Ill. 2d 1", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3605098 ], "year": 2006, "pin_cites": [ { "page": "15" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/223/0001-01" ] }, { "cite": "842 N.E.2d 686", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2005, "pin_cites": [ { "parenthetical": "state law is \"without effect\" if preempted by federal law" } ], "opinion_index": 0 }, { "cite": "217 Ill. 2d 535", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3874959 ], "year": 2005, "pin_cites": [ { "page": "546", "parenthetical": "state law is \"without effect\" if preempted by federal law" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/217/0535-01" ] }, { "cite": "864 N.E.2d 758", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2004, "opinion_index": 0 }, { "cite": "209 Ill. 2d 19", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5461527 ], "year": 2004, "pin_cites": [ { "page": "27" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/209/0019-01" ] }, { "cite": "443 U.S. 307", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6182418 ], "weight": 3, "year": 1979, "pin_cites": [ { "page": "318-19" }, { "page": "573" }, { "page": "2788-89" } ], "opinion_index": 0, "case_paths": [ "/us/443/0307-01" ] }, { "cite": "382 N.E.2d 121", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1978, "opinion_index": 0 }, { "cite": "65 Ill. 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PAUL WILLIAMS, Defendant-Appellant." ], "opinions": [ { "text": "JUSTICE GARCIA\ndelivered the opinion of the court:\nFollowing a bench trial, the defendant, Paul Williams, was convicted of two counts of unlawful use of recorded sounds or images in violation of section 16 \u2014 7(a)(2) of the Criminal Code of 1961 (the Code) (720 ILCS 5/16 \u2014 7(a)(2) (West 2004)), and two counts of unlawful use of unidentified sound or audio visual recordings in violation of section 16 \u2014 8 of the Code (720 ILCS 5/16 \u2014 8 (West 2004)). He was sentenced to two years\u2019 probation and 60 days\u2019 time served in the Cook County jail and was assessed costs and fines.\nThe defendant contends on appeal that: (1) all four of his convictions are null and void because the federal Copyright Act of 1976 (17 U.S.C. \u00a7101 et seq. (2000)) preempts the State\u2019s regulation of his activities in this case; (2) section 16 \u2014 8 of the Code violates the due process clauses of the Illinois and United States Constitutions; and (3) the evidence was insufficient to prove his guilt beyond a reasonable doubt.\nBACKGROUND\nIt was established at trial that after midnight on March 10, 2004, the defendant entered the Bubble Land laundromat at 5101 South Western Avenue in Chicago, where Valerie Herrera was working as an attendant. Herrera testified the defendant attempted to sell compact discs (CDs) for $5 and digital video discs (DVDs) for $10 from a black suitcase while inside and outside the laundromat. Herrera notified the police by activating the laundromat\u2019s panic button.\nChicago police officer Tracy Hoover responded to the call and testified that she and her partner parked their squad car near the laundromat in an attempt to observe any transactions of the defendant. During this surveillance, lasting approximately 10 minutes, Hoover observed two transactions where the defendant and an individual exchanged money for what appeared to be CDs. She could not see the titles.\nOfficer Hoover and her partner approached the defendant, questioned him, and learned that he did not have a permit to sell merchandise. Hoover estimated that there were between 250 and 300 CDs and DVDs, which she perceived to be \u201cfake,\u201d in the defendant\u2019s suitcase. She recognized one DVD as that of the movie \u201cThe Passion of the Christ,\u201d which was playing in movie theaters at the time. She recognized certain CDs as those of \u201crap artists.\u201d The CDs lacked the colorings that CDs purchased from a store would have. Although the defendant\u2019s CDs were wrapped in plastic, they were not heat-sealed and did not have security tape on them. Hoover arrested the defendant and inventoried the suitcase with the DVDs and CDs inside. At trial, Hoover identified People\u2019s group exhibits 1 \u2014 A through 1 \u2014 C as photocopies of photographs of CDs or DVDs the defendant had in his possession.\nJ. Martin Walsh, a former postal inspector and the current supervisor of investigations for the Recording Industry Association of America (RIAA), also testified at trial. At approximately 11 a.m. on March 10, 2004, Walsh went to the Ninth District police station, where he was shown a black suitcase containing approximately 200 CDs. Walsh examined, \u201cpicked up\u201d and \u201clooked\u201d at, 10 to 20 of them. Defense counsel stipulated that Walsh was \u201can expert in determining counterfeit DVDs [and] CDs.\u201d\nWalsh discussed three types of CD piracy: (1) counterfeits; (2) piratical mixes; and (3) bootlegs. A \u201ccounterfeit CD\u201d results where an existing CD and the artwork from its covers are duplicated. A \u201cpiratical mix\u201d results where songs are taken from different artists and put together as a compilation or \u201cmix.\u201d A \u201cbootleg\u201d is an unauthorized recording of a live concert.\nAccording to Walsh, the discs he examined in the suitcase were not actually CDs but instead were \u201ccompact disc recordables\u201d or \u201cCDRs.\u201d Walsh looked to several factors in order to determine whether they were counterfeits or pirates. First, while all \u201clegitimate\u201d music is manufactured and distributed on pressed and molded CDs, \u201cillegal\u201d music is \u201cburned\u201d onto CDRs. Second, while CDs are manufactured at plants and contain artwork on their covers, the defendant\u2019s CDRs contained photocopies of the covers, which appeared faded and improperly cut. Third, the defendant\u2019s CDRs did not have \u201cthe true name and address of the manufacturer displayed on the cover.\u201d Fourth, while the center ring of CDs has a \u201cSID code,\u201d consisting of an \u201cIFPI number\u201d identifying the plant where the CD was manufactured and a second IFPI number identifying the master copy from which the CD was made, the defendant\u2019s CDRs omitted this information. Fifth, while the underside of a \u201clegitimate\u201d CD is silver, the underside of the discs the defendant possessed had a bluish-green tint, indicating they were CDRs.\nAccording to Walsh, it is important to determine when looking at a compilation disc whether any work of the \u201cfive major labels\u201d\u2014 Universal, Sony, EMI, BMG, and Time-Warner \u2014 is included. According to Walsh, the five major labels covered approximately 90% of the recording industry. The remaining 10% are considered \u201cindependent\u201d and are free to manufacture, distribute, and sell their product \u201cin any format and in any arena.\u201d However, if a CDR contains 15 songs and one of them is covered by a major label, the entire disc is illegal. The following also transpired on direct examination.\n\u201cQ. Okay. When \u2014 Did you have an opportunity to examine on March 10, 2004, any compilation disks?\nA. Yes. I did.\nQ. When you examined the compilation disks, with regard to your determination of whether or not it was a pirate, what did you decide after looking at them?\nA. Yes. Those were also illegal copies. They were CDRs, and they contained songs by artists that were covered by the five major labels and clearly were not authorized for this distribution.\u201d\nWalsh also testified that while at the station, he examined one CDR entitled \u201cIt\u2019s Too Short.\u201d The photocopied advertisement label contained the trademark for Jive Records, a sublabel of an RIAA major label. The disc lacked the identifying marks of a legitimate CD. This indicated to Walsh that the CDR was \u201cillegally manufactured and [was] being distributed without at the very least the proper labeling and certainly without the consent of the licensee.\u201d Walsh identified People\u2019s group exhibit 1 \u2014 A as a photocopy of the disc and a photocopy of the front and back covers of the recovered disc.\nWalsh identified the second page of People\u2019s group exhibit 1 \u2014 A as a photocopy of a CDR entitled \u201cToo Short 2 B Married 2 Da Game,\u201d also released on Jive Records. Walsh identified the disc as a CDR because it contained the trademark for Hewlett-Packard, a CDR manufacturer. The disc lacked any identifying markings in its inner ring. In Walsh\u2019s opinion, the discs contained in People\u2019s group exhibit 1 \u2014 A were \u201ccounterfeit,\u201d \u201cburned\u201d copies.\nWalsh identified page one of People\u2019s group exhibit 1 \u2014 B as a photocopy of the front and back covers of a disc entitled \u201cBlood in My Eye\u201d by the artist Ja Rule, who is covered by one of the labels the RIAA represents. Page two of the exhibit was a photocopy of the actual disc, which was a CDR. In Walsh\u2019s opinion, the disc contained in People\u2019s group exhibit 1 \u2014 B was a \u201ccounterfeit,\u201d \u201cburned\u201d copy.\nWalsh identified People\u2019s group exhibit 1 \u2014 C as a photocopy of the back cover and CDR of a compilation of music by different artists. Walsh determined that it was a pirated copy and that at least five of the artists, including Ludacris and R. Kelly, were covered by one of the major labels. In Walsh\u2019s opinion, the disc contained in People\u2019s group exhibit 1 \u2014 C was a \u201cburned copy\u201d and \u201ca mix of various artists\u201d that was \u201cpiratical.\u201d According to Walsh, none of the 10 to 20 discs that he examined on March 10, 2004, were made with consent of the recording industry. Walsh was not asked, and did not testify, about whether he listened to any of the discs.\nWalsh testified on cross-examination that he did not look at all of the CDs in the defendant\u2019s suitcase, but viewed only a sampling. Walsh also acknowledged that some CDRs, in certain circumstances, are \u201clegal.\u201d He additionally stated that although he noticed that the suitcase contained DVDs, he \u201cdidn\u2019t look at those.\u201d He also stated that he did not represent the Motion Picture Association of America (MPAA).\nThe defendant moved for a directed finding of not guilty on counts II and IV charging the lack of consent on the part of the MPAA, arguing that the State failed to present any testimony on behalf of the MPAA. The trial court found Officer Hoover\u2019s testimony that she saw a DVD entitled \u201cThe Passion of the Christ,\u201d which was still in theaters, sufficient to prove lack of consent and denied the motion.\nThe defense rested. In his closing argument, defense counsel distinguished this case from a case involving a controlled substance, arguing that although it is a crime in Illinois to possess a controlled substance, with or without the intent to sell, the statutes the defendant was charged with violating only prohibited the intentional or knowing sale or offering for sale of unauthorized or unidentified DVDs or CDs. Mere possession of such DVDs or CDs was not a crime. Defense counsel continued:\n\u201cNow the expert in this case has testified that some CDRs are legal, and also more importantly, judge, he didn\u2019t examine the entire suitcase. There were some [200] to 300 DVDs and CDs in that suitcase. He looked at a sampling of them, and some of them were bootleg. We don\u2019t contest that, but possession of bootleg items is not a crime.\nAnd it\u2019s the State\u2019s responsibility, it\u2019s their duty to prove beyond a reasonable doubt that this defendant knowingly offered for sale bootleg movies.\nAnd since no one in this case saw or heard any of the titles that were allegedly offered for sale or sold and since the expert in this case didn\u2019t examine the entire thing to see if, perhaps, there were legal movies in there, the State has not met their burden of proving that this defendant offered for sale sounds recorded.\nAll they\u2019ve proven, judge, is that he had some in his possession. Again I reiterate possession is not a crime.\u201d\nDefense counsel also argued the State failed to prove the defendant knew the items in the suitcase \u201cwere bootleg,\u201d arguing that the defendant was a street seller without the expertise of a representative from the RIAA. The court rejected these arguments and found the defendant guilty of all four counts. The defendant was sentenced as indicated above, and this timely appeal followed.\nANALYSIS\nAt issue are sections 16 \u2014 7 and 16 \u2014 8 of the Code. Section 16 \u2014 7, entitled \u201cUnlawful use of recorded sounds or images,\u201d in relevant part, states:\n\u201c(a) A person commits unlawful use of recorded sounds or images when he:\n(1) Intentionally, knowingly or recklessly transfers or causes to be transferred without the consent of the owner, any sounds or images recorded on any sound or audio visual recording with the purpose of selling or causing to be sold, or using or causing to be used for profit the article to which such sounds or recordings of sound are transferred.\n(2) Intentionally, knowingly or recklessly sells, offers for sale, advertises for sale, uses or causes to be used for profit any such article described in subsection 16 \u2014 7(a)(1) without consent of the owner.\u201d 720 ILCS 5/16 \u2014 7(a)(1), (a)(2) (West 2004).\nSection 16 \u2014 8, entitled \u201cUnlawful use of unidentified sound or audio visual recordings,\u201d in relevant part, states:\n\u201c(a) A person commits unlawful use of unidentified sound or audio visual recordings when he intentionally, knowingly, recklessly or negligently for profit manufactures, sells, distributes, vends, circulates, performs, leases or otherwise deals in and with unidentified sound or audio visual recordings or causes the manufacture, sale, distribution, vending, circulation, performance, lease or other dealing in and with unidentified sound or audio visual recordings.\u201d 720 ILCS 5/16 \u2014 8(a) (West 2004).\nSection 16 \u2014 7(b) sets forth definitions of the various terms used in sections 16 \u2014 7 and 16 \u2014 8. \u201cOwner\u201d is defined as \u201cthe person who owns the master sound recording on which sound is recorded and from which the transferred recorded sounds are directly or indirectly derived.\u201d 720 ILCS 5/16 \u2014 7(b)(2) (West 2004). \u201cSound or audio visual recording\u201d is defined as \u201cany sound or audio visual phonograph record, disc, pre-recorded tape, film, wire, magnetic tape or other object, device or medium, now known or hereafter invented, by which sounds or images may be reproduced with or without the use of any additional machine, equipment or device.\u201d 720 ILCS 5/16 \u2014 7(b)(3) (West 2004). \u201cMaster sound recording\u201d is defined as \u201cthe original physical object on which a given set of sounds were first recorded and which the original object from which all subsequent sound recordings embodying the same set of sounds are directly or indirectly derived.\u201d 720 ILCS 5/16 \u2014 7(b)(4) (West 2004). \u201cUnidentified sound or audio visual recording\u201d is defined as \u201ca sound or audio visual recording without the actual name and full and correct street address of the manufacturer, and the name of the actual performers or groups prominently and legibly printed on the outside cover or jacket and on the label of such sound or audio visual recording.\u201d 720 ILCS 5/16 \u2014 7(b)(5) (West 2004). \u201cManufacturer\u201d is defined as \u201cthe person who actually makes or causes to be made a sound or audio visual recording.\u201d 720 ILCS 5/16\u2014 7(b)(6) (West 2004). An affirmative defense to any charge of unlawful use of recorded sounds or images exists where the sounds or images are \u201cpublic domain material.\u201d 720 ILCS 5/16 \u2014 7(i) (West 2004).\nIn addition to challenging the sufficiency of the evidence to support his convictions, the defendant argues his convictions for violating sections 16 \u2014 7 and 16 \u2014 8 are preempted by federal copyright law and that section 16 \u2014 8 violates due process. Our supreme court has instructed that \u201ccases should be decided on nonconstitutional grounds whenever possible\u201d and that courts should \u201creach[ ] constitutional issues only as a last resort.\u201d In re E.H., 224 Ill. 2d 172, 178, 863 N.E.2d 231 (2006). Consequently, the defendant\u2019s contention that the evidence was insufficient to prove his guilt beyond a reasonable doubt on all counts is addressed first.\nI. Sufficiency of the Evidence\nThe defendant attacks the sufficiency of the evidence to support his convictions in two ways. First, the defendant argues that all four of his convictions must be reversed because the State failed to prove the items in the suitcase actually contained sound or audio visual recordings. Second, the defendant contends that one of his convictions for violating section 16 \u2014 7 (count II) must be reversed because the State failed to prove that he acted without consent of the MPAA.\nWhen a defendant challenges the sufficiency of the evidence, the issue is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. People v. Hagberg, 192 Ill. 2d 29, 33-34, 733 N.E.2d 1271 (2000); People v. Collins, 106 Ill. 2d 237, 261, 478 N.E.2d 267 (1985). When applying this standard, a reviewing court must construe all reasonable inferences from the evidence in favor of the prosecution, regardless of the nature of the evidence. People v. Bush, 214 Ill. 2d 318, 326, 827 N.E.2d 455 (2005).\nCounts I and II of the information alleged the defendant committed the offense of unlawful use of recorded sounds or images (720 ILCS 5/16 \u2014 7(a)(2) (West 2004)). Count I alleged the defendant \u201cintentionally or knowingly offered for sale any sounds or images recorded on any sound or audio visual recording, to wit: compact disc\u2019s [sic], without the consent of the owner to wit: [the RIAA].\u201d Count II alleged the same elements with regard to DVDs but without consent of the MPAA.\nCounts III and IV of the information alleged the defendant committed the offense of unlawful use of unidentified sound or audio visual recordings (720 ILCS 5/16 \u2014 8 (West 2004)). Count III alleged the defendant \u201cintentionally or knowingly for profit manufactured, sold, distributed, vended, circulated, performed, leased or otherwise dealt in and with unidentified sound or audio visual recordings, to wit: compact discs, without the consent of the [RIAA].\u201d Count IV alleged the same elements with regard to \u201cCompact Discs\u201d without consent of the MPAA.\nThe defendant first argues that all four of his convictions must be reversed because the State failed to introduce any evidence to prove that the discs he possessed actually contained any recorded sounds or audiovisuals. The defendant asserts that although expert J. Martin Walsh testified he examined 10 to 20 CDRs, he never stated that he listened to any of them and offered no testimony concerning the DVDs. The defendant also points out that none of the CDRs or DVDs were played for the court or even introduced at trial. Rather, the State introduced only photocopies of the covers of the CDs and photocopies of the CDs themselves. No tangible evidence was introduced regarding the DVDs. The defendant analogizes this case to controlled substance cases, such as Hagberg, 192 Ill. 2d at 34, and People v. Armstrong, 65 Ill. App. 3d 680, 685, 382 N.E.2d 121 (1978), which hold that the State must prove that the substance the defendant is convicted of possessing or delivering is in fact a controlled substance. The defendant contends that the State in this case failed to prove the corpus delicti of the offense \u2014 that actual recordings were present on the discs.\nTo support its theory that the evidence was sufficient, the State primarily relies on Herrera\u2019s testimony establishing that the defendant was offering to sell CDs and DVDs to customers of the laundromat and Walsh\u2019s testimony establishing that he examined 10 to 20 discs and concluded they \u201ccontained songs by artists that were covered by the five major labels.\u201d At oral argument, the State contended that the cumulative impact of this circumstantial evidence, along with defense counsel\u2019s concession during closing argument that the defendant\u2019s items were \u201cbootleg,\u201d was sufficient to prove the defendant\u2019s guilt beyond a reasonable doubt.\nWalsh, a conceded expert in determining counterfeit CDs, testified that the defendant\u2019s CDs were actually CDRs that \u201ccontained songs by artists that were covered by the five major labels.\u201d It is not clear from Walsh\u2019s testimony whether his conclusion that the CDRs \u201ccontained songs\u201d rests solely on his physical examination of the discs, as the defendant argues, or whether he actually listened to the recorded sound itself. Walsh\u2019s testimony supports either inference. As a reviewing court, we must consider the evidence in the light most favorable to the State and allow all reasonable inferences in its favor. Bush, 214 Ill. 2d at 326. With this view of the evidence in mind, we need only determine whether \u201c \u2018any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.\u2019 \u201d (Emphasis in original.) Bush, 214 Ill. 2d at 326, quoting Jackson v. Virginia, 443 U.S. 307, 318-19, 61 L. Ed. 2d 560, 573, 99 S. Ct. 2781, 2788-89 (1979).\nThe State\u2019s evidence established seven incriminating facts: (1) the defendant represented to customers of the laundromat that the CDs and DVDs he was offering for sale contained music, i.e., sounds, or movies, i.e., audiovisuals; (2) one CD purported to be a copy of \u201cToo Short 2 B Married 2 Da Game,\u201d another purported to be a copy of \u201cBlood in My Eye\u201d by Ja Rule, and one listed artists such as Ludacris and R. Kelly; (3) 10 to 20 of his CDs were examined by Walsh, an expert in determining counterfeit CDs; (4) the examined CDs were not in fact CDs, but instead were CDRs; (5) at least one examined CDR purportedly \u201ccontained songs by artists that were covered by the five major labels\u201d; (6) none of the examined CDRs were made with the consent of the recording industry; and (7) the examined CDRs were without the proper listing of the actual manufacturer, i.e., the transferor. Defense counsel did not dispute that the State proved the existence of recorded sounds in his closing argument, and even stated that \u201csome of them were bootleg. We don\u2019t contest that,\u201d and conceded that the State proved the defendant \u201chad some [recorded sounds] in his possession.\u201d Additionally, the medium in the possession of the defendant \u2014 recordable CDs \u2014 supports the inference that the discs contained sound recordings. This evidence, when considered in the light most favorable to the State, and in the course of common reasoning and logic, was sufficient to support the existence of sound recordings. We therefore conclude the State proved that the CDs the defendant possessed contained sound recordings as alleged and that the evidence was sufficient to support the defendant\u2019s convictions under counts I and III of the information in that the defendant knowingly offered for sale recorded sounds on discs without consent of the RIAA and the recorded sounds were \u201cunidentified\u201d as the actual name of the manufacturer was not the manufacturer listed on the covers.\nThe State, however, failed to prove that the DVDs in the possession of the defendant contained recorded images. Significantly, Walsh did not examine any of the defendant\u2019s DVDs and offered no testimony concerning their appearance or whether he believed they were counterfeit. Officer Hoover\u2019s testimony that she saw a DVD in the defendant\u2019s suitcase of \u201cThe Passion of the Christ,\u201d without any further description of the appearance of the actual DVD, amounts to no more than a description of what may have been the photocopied advertisement cover. Walsh and Officer Hoover identified each of the exhibits introduced by the State as having photocopied covers, identifying the CDs within. This appears to be the method of packaging for the CDs. No evidence was introduced that the packaging for the DVDs was any different. Unlike the CDs, no exhibit regarding any of the DVDs was presented to the trial court. Based on Officer Hoover\u2019s single ambiguous statement that she observed a DVD among the CDs, there is even a question whether an actual DVD was present inside the DVD packaging and on which was actually recorded the Mel Gibson film. The fact finder was given no other evidence from which to infer this element. Walsh, as a stipulated expert on both counterfeit CDs and DVDs, provided no testimony as to identifying counterfeit DVDs as he did for CDs. In fact, the substantial evidence introduced regarding the CDs makes pale by comparison the evidence supporting the defendant\u2019s convictions as to the DVDs. We decline to uphold the defendant\u2019s convictions regarding the MPAA without additional evidence. We conclude the evidence was insufficient to support the defendant\u2019s convictions under counts II and IV\nII. Preemption Claim\nWe next address whether the defendant\u2019s remaining convictions for violating sections 16 \u2014 7(a)(2) (count I) and 16 \u2014 8 (count III) of the Code are null and void because the federal Copyright Act preempts the State\u2019s regulation of his activities in this case. Contrary to the State\u2019s argument, the defendant\u2019s failure to raise this issue in the trial court does not render his contention forfeited, as \u201c[a]n argument that an order or judgment is void is not subject to waiver.\u201d People v. Thompson, 209 Ill. 2d 19, 27, 864 N.E.2d 758 (2004); see also People v. Mata, 217 Ill. 2d 535, 546, 842 N.E.2d 686 (2005) (state law is \u201cwithout effect\u201d if preempted by federal law).\nWhether state law is preempted by federal statute is a question of law reviewed de novo. Kinkel v. Cingular Wireless, LLC, 223 Ill. 2d 1, 15, 857 N.E.2d 250 (2006). Our de novo review begins with the presumption \u201cthat Congress did not intend to displace state law. [Citation.]\u201d Village of Frankfort v. Environmental Protection Agency, 366 Ill. App. 3d 649, 659, 852 N.E.2d 522 (2006). Whether federal law preempts state law is a question of congressional intent. People v. Chicago Magnet Wire Corp., 126 Ill. 2d 356, 361, 534 N.E.2d 962 (1989). \u201cCongress\u2019 intent to preempt State law may be manifested \u2018by express provision, by implication, or by a conflict between federal and state law.\u2019 \u201d Busch v. Graphic Color Corp., 169 Ill. 2d 325, 335, 662 N.E.2d 397 (1996), quoting New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Co., 514 U.S. 645, 654, 131 L. Ed. 2d 695, 704, 115 S. Ct. 1671, 1676 (1995).\nThe defendant contends that the federal Copyright Act expressly \u201cpreempts Illinois\u2019 regulation of [the defendant\u2019s] activities in this case, [and, therefore,] his convictions under 720 ILCS 5 \u2014 16\u20147(a) and 720 ILCS 16 \u2014 8 are null and void.\u201d Where Congress \u201cexplicitly mandates the preemption of State law within a stated situation,\u201d a reviewing court need not look beyond the statutory language to determine whether the state law is preempted. Chicago Magnet Wire Corp., 126 Ill. 2d at 361. Pursuant to the constitutional authority granted through the copyright clause (U.S. Const., art. I, \u00a78, cl. 8), Congress enacted the Copyright Act of 1976 (the Act) (17 U.S.C. \u00a7101 et seq. (2000)). Section 102 of the Act grants copyright protection to \u201coriginal works of authorship fixed in any tangible medium of expression,\u201d including literary works, musical works, motion pictures and other audio visual works, and sound recordings. 17 U.S.C. \u00a7102(a) (2000). Section 106 grants copyright owners the exclusive right to reproduce, distribute, perform, and display the copyrighted work, and to prepare derivative works. 17 U.S.C. \u00a7106 (2000). Copyright infringement may be prosecuted criminally under section 506 of the Act. 17 U.S.C. \u00a7506 (2000).\nSection 301(a) of the Act states:\n\u201cOn and after January 1, 1978, all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright as specified by section 106 in works of authorship that are fixed in a tangible medium of expression and come within the subject matter of copyright as specified by sections 102 and 103, whether created before or after that date and whether published or unpublished, are governed exclusively by this title. Thereafter, no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.\u201d 17 U.S.C. \u00a7301(a) (2000).\nThe defendant argues his prosecution for violating sections 16\u2014 7(a)(2) and 16 \u2014 8 of the Code are preempted by the express language in section 301(a) of the Act. Sections 16 \u2014 7 and 16 \u2014 8 arose from House Bill 1357 and were added to the Code with little comment from the legislature by Public Act 79 \u2014 456 (Pub. Act 79 \u2014 456, eff. August 14, 1975), prior to the enactment of the 1976 Copyright Act. It has been noted that by the 1970s, the spread of record piracy \u201chad motivated about one half of the state legislatures *** to adopt criminal statutes prohibiting [record] piracy. [Citation.]\u201d Capitol Records, Inc. v. Naxos of America, Inc., 4 N.Y.3d 540, 555, 797 N.Y.S.2d 352, 362, 830 N.E.2d 250, 260 (N.Y. 2005). This court has found that \u201cthe intent of the legislature in enacting sections 16 \u2014 7 and 16 \u2014 8 was to prohibit and punish sound recording piracy.\u201d People v. Zakarian, 121 Ill. App. 3d 968, 975, 460 N.E.2d 422 (1984), overruled on other grounds, People v. Perry, 224 Ill. 2d 312, 864 N.E.2d 196 (2007). Indeed the legislature, when discussing a 1990 amendment to sections 16 \u2014 7 and 16 \u2014 8, noted the statutes were \u201cdesigned to get at pirateers.\u201d 86th Ill. Gen. Assem., House Proceedings, June 25, 1990, at 40 (statements of Representative Countryman). It was the spread of record piracy, and the states\u2019 reactions to it, that also prompted Congress to amend the 1909 Copyright Act to provide federal protection for sound recordings, or at least to those fixed on or after February 15, 1972. Capitol Records, 4 N.Y.3d at 555, 797 N.Y.S.2d at 362, 830 N.E.2d at 260.\nNumerous courts, including this one, have construed section 301(a) as requiring the preemption of state statutory or common law claims where: (1) the works at issue are fixed in tangible form and fall within the \u201csubject matter of copyright\u201d as defined in section 102 of the Act (the subject matter prong); and (2) the legal or equitable rights granted under the state law are equivalent to the exclusive rights set forth in section 106 of the Act (the equivalency prong). Chicago Style Productions, Inc. v. Chicago Sun Times, Inc., 313 Ill. App. 3d 45, 47, 728 N.E.2d 1204 (2000), citing Baltimore Orioles, Inc. v. Major League Baseball Players Ass\u2019n, 805 F.2d 663 (7th Cir. 1986); Bilut v. Northwestern University, 296 Ill. App. 3d 42, 52, 692 N.E.2d 1327 (1998); see also Crow v. Wainwright, 720 F.2d 1224, 1225-26 (11th Cir. 1983).\nAs to the subject matter prong of the preemption test of section 301(a), the sound recordings at issue in this case are unquestionably fixed in tangible form and those by modern artists such as Ja Rule and Ludacris are of such recent vintage as to unquestionably fall within the subject matter of copyright. 17 U.S.C. \u00a7 102(a)(7) (2000).\nWhen addressing the equivalency prong, we look to the nature of the right involved: \u201ca right is equivalent to one of the rights comprised by a copyright if it. \u2018is infringed by the mere act of reproduction, performance, distribution or display.\u2019 \u201d Baltimore Orioles, Inc. v. Major League Baseball Players Ass\u2019n, 805 F.2d 663, 677 (7th Cir. 1986), quoting M. Nimmer, Nimmer on Copyright \u00a71.01(B)(1) (1985). To determine whether a preemption challenge premised on the equivalency of protected rights is successful, courts apply the so-called \u201cextra element test.\u201d This test asks whether the state law requires an additional element that is qualitatively different from those necessary for copyright infringement. Chicago Style Productions, Inc., 313 Ill. App. 3d at 47. Put somewhat differently, courts question whether the state law \u201cregulate[s] conduct that is qualitatively distinguishable from that governed by federal copyright law \u2014 i.e., conduct other than reproduction, adaptation, publication, performance, and display.\u201d Toney v. L\u2019Oreal USA, Inc., 406 F.3d 905, 910 (7th Cir. 2005).\nBefore addressing whether the statutes at issue contain an extra element sufficient to save them from preemption, we address the State\u2019s contention that the extra element test does not properly function in the context of state criminal prosecutions. According to the State, the terms used in section 301(a) \u2014 \u201clegal or equitable rights\u201d and a \u201cperson\u2019s entitlement\u201d \u2014 are \u201cabsolutely inaccurate in the context of criminal proceedings.\u201d The State also points out that the power to prosecute criminal actions has historically been reserved to the states. The State argues that Congress, in enacting section 301(a), did not intend to prohibit the states from enforcing criminal laws such as those at issue in this case.\nWe disagree. First, the legislative history of section 301 indicates that it is to be construed as a broad, express preemption provision. See H.R. Rep. No. 94 \u2014 1476, at 130 (1976), as reprinted in 5 U.S.C.C.A.N. 5659, 5746 (\u201c[t]he declaration of this principle in section 301 is intended to be stated in the clearest and most unequivocal language possible, so as to foreclose any conceivable misinterpretation of its unqualified intention that Congress shall act preemptively\u201d). Congress\u2019s purpose in enacting section 301 was to adopt \u201ca single system of Federal statutory copyright from creation,\u201d rather than the \u201cdual system of \u2018common law copyright\u2019 for unpublished works and statutory copyright for published works\u201d that existed under the former 1909 Copyright Act. H.R. Rep. No. 94 \u2014 1476, at 129 (1976), as reprinted in 5 U.S.C.C.A.N. 5659, 5745. The legislative history of section 301 has been interpreted as \u201cclearly evidenc[ing] Congress\u2019 intent to overrule\u201d cases such as Goldstein v. California, 412 U.S. 546, 37 L. Ed. 2d 163, 93 S. Ct. 2303 (1973), which held that the 1909 Act preempted only state laws, including criminal laws, conflicting or interfering with the federal statute\u2019s provisions. Crow, 720 F.2d at 1225.\nSecond, the weight of authority leads us to conclude that Congress intended to preempt state criminal, as well as civil, actions when it reenacted section 301 in 1976. See Anderson v. Nidorf, 26 F.3d 100, 102 (9th Cir. 1994); Crow, 720 F.2d at 1226; Briggs v. State, 281 Ga. 329, 331, 638 S.E.2d 292, 295 (2006); Hicks v. State, 109 Md. App. 113, 124, 674 A.2d 55, 61 (1996); People v. Borriello, 588 N.Y.S.2d 991, 994, 155 Misc. 2d 261, 265 (1992); State v. Perry, 83 Ohio St. 3d 41, 43, 697 N.E.2d 624, 627 (1998); State v. Awawdeh, 72 Wash. App. 373, 376, 864 R2d 965, 967 (1994) (each invoking the extra element test to decide whether preemption applied). Although not every court that has addressed the issue of preemption of a state statute has found preemption, each court has impliedly concluded that the preemption rule in section 301 was intended to apply to state criminal prosecutions. Additionally, a noted authority on copyright law has concluded that state criminal piracy laws are preempted by the federal statute:\n\u201c[S]tate record piracy laws are pre-empted in their application to [sound recordings fixed on or after February 15, 1972,] under the rule set forth in Section 301(a). That is, such record piracy statutes postulate rights \u2018equivalent\u2019 to copyright in that they proscribe reproduction and/or distribution, and they apply to works that fall \u2018within the subject matter of copyright\u2019 as specified by Section 102(a)(7).\u201d 1 M. Nimmer & D. Nimmer, Nimmer on Copyright \u00a71.01(B)(2)(d), at 1 \u2014 59 (April 2007).\nThird, the case upon which the State primarily relies to give us guidance as to its contention that state criminal actions cannot be preempted by federal law, Chicago Magnet Wire Corp., 126 Ill. 2d 356, 534 N.E.2d 962, is inapposite in that it deals with applying long-recognized criminal behavior in the context of workplace exposure to toxic substances that were also subject to regulations by the federal Occupational Safety and Health Act (OSHA) (28 U.S.C. \u00a7651 et seq. (2000)). Cf. State v. Smith, 115 Wash. 2d 434, 798 P.2d 1146 (1990) (theft prosecution not preempted by federal copyright law). This case, on the other hand, involves state statutes that were specifically enacted to address the problem of \u201crecord piracy\u201d by prohibiting the unauthorized distribution and reproduction of recordings not within the public domain \u2014 a matter which has generally been left to federal regulation as authorized by the copyright clause of the federal constitution. Moreover, as addressed above, the legislative history of section 301 indicates Congress\u2019s purpose was to federalize copyright regulation and to \u201cforeclose any conceivable misinterpretation of its unqualified intention that Congress shall act preemptively.\u201d H.R. Rep. No. 94 \u2014 1476, at 130 (1976), as reprinted in 5 U.S.C.C.A.N. 5659, 5746.\nWe therefore reject the State\u2019s contention that Congress did not intend to preempt state criminal statutes when it reenacted section 301. Accordingly, we turn to whether sections 16 \u2014 7(a)(2) and 16 \u2014 8 contain an extra element sufficient to save them from preemption.\nA. Section 16 \u2014 7(a)(2)\nSection 16 \u2014 7(a)(2) does not require any additional element that qualitatively distinguishes it from copyright infringement. Notably, the State does not contend otherwise. Section 16 \u2014 7(a)(2) forbids, among other things, the intentional, knowing, or reckless sale or use for profit of any sound or audiovisual recording without consent of the owner of the master sound recording. It is an affirmative defense if the sounds or images are within the public domain. It is clear that in enacting section 16 \u2014 7(a)(2), the legislature sought to criminalize record piracy \u2014 that is, to prohibit the unauthorized reproduction or distribution of sound or audiovisual recordings. Consequently, it is preempted by the federal Copyright Act. See Borriello, 588 N.Y.S.2d at 994-96, 155 Misc. 2d at 265-68 (the defendant\u2019s prosecution for violating a New York antipiracy statute was preempted by section 301 where the statute dealt exclusively with distribution and prohibited matters related to distribution); see also Perry, 83 Ohio St. 3d at 45, 697 N.E.2d at 628 (the prosecution of an Ohio statute prohibiting the unauthorized uploading, downloading and posting of computer software was preempted by the Copyright Act because the activities the statute prohibits \u201care unauthorized uses governed by the copyright laws\u201d).\nWe recognize that section 16 \u2014 7(a)(2) requires a criminal mental state, a matter not within the general scope of copyright. However, a criminal mental state has not been considered sufficient to qualify as an extra element. See Crow, 720 F.2d at 1226 (holding the additional element of scienter did not distinguish the federal theft statute at issue in that case from the tort of copyright infringement because the federal statute requires scienter, and because scienter \u201cmerely narrows the applicability of the statute\u201d); Borriello, 588 N.Y.S.2d at 995, 155 Misc. 2d at 266 (\u201c [differing mens rea elements, such as \u2018awareness\u2019 or \u2018intent\u2019 will not provide the \u2018extra element\u2019 to take it out of a copyright infringement claim\u201d); see also M. Nimmer & D. Nimmer, Nimmer on Copyright \u00a71.01(B)(1), at 1 \u2014 12 (April 2007) (\u201cin essence, a right that is \u2018equivalent to copyright\u2019 is one that is infringed by the mere act of reproduction, performance, distribution, or display. *** [T]he mere fact that a state law requires scienter as a condition to liability, whereas the Copyright Act does not, cannot save the state law from pre-emption\u201d). The statute\u2019s provision that the defendant use the recording or cause the recording to be used \u201cfor profit\u201d similarly does not qualify as an extra element, as one form of criminal infringement under the federal Act requires a defendant to act \u201cfor purposes of commercial advantage or private financial gain.\u201d 17 U.S.C. \u00a7506(a)(1)(A) (2000). We therefore conclude the defendant\u2019s prosecution for violating section 16 \u2014 7(a)(2) is preempted by the federal Copyright Act.\nB. Section 16 \u2014 8\nSection 16 \u2014 8, however, is not preempted. Under count III, the defendant was charged with violating section 16 \u2014 8 by engaging in unlawful use of unidentified sound recordings. A recording can be \u201cunidentified\u201d in either of two ways: by the absence of the name and address of the actual manufacturer of the sound recording (see Zakar ian, 121 Ill. App. 3d at 976 (where, at the time a violation of section 16 \u2014 8 was a Class B misdemeanor, the court noted that persons dealing with counterfeit identified recordings \u201cmay be considered more culpable than those *** dealing with unidentified sound recording who do not have similar information at hand\u201d)), or by the listing of a manufacturer that is not the actual or true manufacturer of the sound recording. In this case, the State was required to prove that the defendant was dealing in CDs that did not have \u201con the outside cover or jacket and on the label\u201d the actual name of the manufacturer. 720 ILCS 5/16 \u2014 7(b)(5) (West 2004). This element makes the offense \u201c \u2018qualitatively\u2019 different from a copyright infringement-type activity and distinguishing the underlying rights from those addressed by copyright law [so that it will] not be deemed \u2018equivalent\u2019 [citation].\u201d Borriello, 588 N.Y.S.2d at 994, 155 Misc. 2d at 265. The crucial element of this offense is that the cover, jacket or label is in a deceptive condition by the absence of the actual name of the manufacturer. No infringement of the rights of the copyright owner is necessary. In fact, as a New York court noted in finding a similar state statute not preempted by the federal Copyright Act, this provision can be violated even if the person dealing in such unidentified recordings has \u201cpermission and authority to sell the recording from the copyright owner.\u201d Borriello, 588 N.Y.S.2d at 996, 155 Misc. 2d at 268. Thus, the protection afforded by section 16 \u2014 8 is not to the copyright owner, but to the prospective consumer of the sound recording. Our legislature has determined that consumers of such recordings are entitled to be informed of the \u201cactual name and address of the manufacturer\u201d and mandates, subject to a criminal penalty, that such information be prominently displayed on the packaging of the CD. In this case, the defendant was charged with unlawful use of unidentified sound recordings in that the manufacturer listed on the photocopy of the CD covers was not the actual manufacturer of the CDRs he was dealing in. As we have previously found, the evidence was sufficient to sustain this charge.\nSection 16 \u2014 8 thus incorporates an extra element beyond those encompassed within section 106 of the Act and, consequently, is not preempted. See Anderson, 26 F.3d at 102; Briggs, 281 Ga. App. at 331, 638 S.E.2d at 295; Hicks, 109 Md. App. at 125, 674 A.2d at 62; Borriello, 588 N.Y.S.2d at 996, 155 Misc. 2d at 268; Awawdeh, 72 Wash. App. at 377, 864 P.2d at 968. Our holding is consistent with courts from other jurisdictions that have construed such \u201cpackaging\u201d statutes as consumer protection statutes that serve interests qualitatively different from those served by the federal copyright laws. See Anderson, 26 F.3d at 102; Borriello, 588 N.Y.S.2d at 996, 155 Misc. 2d at 268; Awawdeh, 72 Wash. App. at 377, 864 P.2d at 968 (all noting that the packaging statutes at issue were consumer protection statutes intended to protect the public from false and deceptive commercial practices). Our reading of section 16 \u2014 8, in light of similar statutes from other states, makes clear that our legislature had similar consumer protection goals in mind when it enacted section 16 \u2014 8.\nAccordingly, we conclude the defendant\u2019s remaining conviction under count III for violating section 16 \u2014 8 is not preempted by federal copyright law.\nIII. Due Process Claim\nWe next address the defendant\u2019s contention that section 16 \u2014 8 violates substantive due process because it \u201csweeps too broadly by punishing innocent conduct.\u201d His argument is founded on his claim that the statute lacks \u201ca culpable intent, [so that] the statute violates due process and is void.\u201d The constitutionality of a statute is reviewed de novo. People v. Jones, 223 Ill. 2d 569, 596, 861 N.E.2d 967 (2006). Whether a statute, not affecting fundamental rights, complies with substantive due process is determined under the rational basis test. People v. Wright, 194 Ill. 2d 1, 24, 740 N.E.2d 755 (2000). A statute will be upheld under this test where \u201cit \u2018bears a reasonable relationship to a public interest to be served, and the means adopted are a reasonable method of accomplishing the desired objective.\u2019 \u201d Wright, 194 Ill. 2d at 24, quoting People v. Adams, 144 Ill. 2d 381, 390, 581 N.E.2d 637 (1991). A statute violates the rational basis test where it could be used to punish innocent conduct. Wright, 194 Ill. 2d at 28.\nThe defendant relies on cases such as Wright, 194 Ill. 2d 1, 740 N.E.2d 755, People v. Zaremba, 158 Ill. 2d 36, 630 N.E.2d 797 (1994), People v. Wick, 107 Ill. 2d 62, 481 N.E.2d 676 (1985), and People v. Carpenter, 368 Ill. App. 3d 288, 856 N.E.2d 551 (2006), appeal allowed, 222 Ill. 2d 611, 862 N.E.2d 235 (2007), to support his contention that section 16 \u2014 8 violates due process because the statute \u201cdoes not require, as an element of the offense, that the manufacture or sale of a sound or audio visual recording be made without the consent of the owner or be done with a fraudulent purpose.\u201d\nWhile it is true that proof of the lack of consent of the owner is not required under section 16 \u2014 8, we perceive no due process requirement that culpable intent turn solely on the absence of consent of the copyright owner. In fact, it is the absence of that element that qualitatively distinguishes the rights protected by section 16 \u2014 8 from the underlying rights addressed by copyright law. See Borriello, 588 N.Y.S.2d at 996, 155 Misc. 2d at 268 (a violation of consumer protection provision may occur even with permission of the copyright owner). If lack of consent were an element of the offense, section 16 \u2014 8 would, for all practical purposes, be indistinguishable from section 16\u2014 7(a)(2), which we have found to be preempted. Under section 16\u2014 7(a)(2), lack of consent of the owner is an element of the offense. If there is lack of consent of the owner of the \u201cmaster of the sound recording\u201d (720 ILCS 5/16 \u2014 7(b)(2) (West 2004)), then it necessarily follows the manufacturer of any such sound recordings would not be authorized by the owner of the master recording (720 ILCS 5/16 \u2014 7(h) (West 2004)) to produce such recordings. A person selling such discs from that manufacturer would violate section 16 \u2014 7(a)(2) if he knowingly sells for profit such sound recordings because they would be without consent of the owner, whether with or without the actual name and address of the manufacturer on the packaging. In the case where the actual name and address of the manufacturer are not on the packaging, a person that knowingly sells such discs would also violate section 16 \u2014 8 under the defendant\u2019s added element theory. In the first instance, the discs offered for sale would be counterfeit recordings in violation of section 16 \u2014 7(a)(2) that may also be \u201cunidentified\u201d; in the second instance, the discs offered for sale would be \u201cunidentified\u201d recordings in violation of section 16 \u2014 8 that would also necessarily be counterfeit. Thus, if lack of consent were to provide the \u201cculpable intent\u201d of section 16 \u2014 8 to pass the defendant\u2019s due process test, a violation of that provision would be a violation of section 16\u2014 7(a)(2) and thus, equivalent to, or qualitatively the same as, the protection afforded by the federal Copyright Act. Adding such an element would provide a basis to challenge under a preemption claim section 16 \u2014 8 with lack of consent as an element. In that instance, the protection afforded by section 16 \u2014 8 would go to the benefit of the copyright holder and only secondarily to the consumer. We are not persuaded that due process requires that section 16 \u2014 8 have a culpable mental state based on the absence of consent of the copyright owner as the defendant urges. Nonetheless, we examine section 16 \u2014 8 as written to determine whether it is a reasonable method of accomplishing the desired objective of the legislation, without \u201cthe capacity to sweep in innocent people who could reasonably believe they were engaging in lawful activity.\u201d Carpenter, 368 Ill. App. 3d at 297.\nThe cases upon which the defendant relies have what has been described as \u201c[a] common theme\u201d running through them. Carpenter, 368 Ill. App. 3d at 297. \u201cEach statute had the capacity to sweep in innocent people who could reasonably believe they were engaging in lawful activity. That is, the acts that comprised the offenses were not necessarily criminal in nature. The statutes did not accomplish their legislative purpose.\u201d Carpenter, 368 Ill. App. 3d at 297.\nIn Zaremba, the supreme court identified the fault with the theft-related legislation as the absence of a culpable mental state, beyond the knowing' possession of the stolen item itself. Under the challenged provision, even a law enforcement official would violate the provision in the course of carrying out his duty. The provision \u201cwould criminalize the actions of a police evidence technician who took from a police officer for safekeeping the proceeds of a theft.\u201d Zaremba, 158 Ill. 2d at 38. Thus, the court determined that the legislation would \u201cpotentially subject[ ] wholly innocent conduct to punishment.\u201d Zaremba, 158 Ill. 2d at 42. In other words, the method used to further the interest \u201cof breaking up fencing operations\u201d cast too great a net as to capture wholly innocent conduct. Zaremba, 158 Ill. 2d at 43.\nIn Wick, the supreme court considered a due process challenge to the aggravated arson statute. The unlawful purpose required for simple arson was not required for aggravated arson. Wick, 107 Ill. 2d at 64. In its analysis the court noted, \u201cproof of the elements of aggravated arson cannot themselves constitute proof of arson.\u201d Wick, 107 Ill. 2d at 65. Ultimately, the court concluded that the absence of the requirement of proof of an unlawful purpose in setting a fire (as is required in simple arson), \u201csweeps too broadly by punishing innocent as well as culpable conduct in setting fires.\u201d Wick, 107 Ill. 2d at 66. Once again, as in Zaremba, the reach of the aggravated arson statute went beyond the criminal conduct defined by simple arson to reach innocent conduct. The \u201cmethod\u201d chosen by the legislature to combat arsonists swept too broadly in that the set of activities penalized by the aggravated arson statute was much greater than the set of activities penalized by the simple arson statute.\nIn Carpenter, part of the challenge to the statute at issue was that \u201cit requires no criminal mental state and potentially punishes innocent conduct.\u201d Carpenter, 368 Ill. App. 3d at 294. The purpose behind the legislation was \u201cto stop the use of vehicular secret compartments to hide guns, narcotics, and other contraband.\u201d Carpenter, 368 Ill. App. 3d at 295. Against the State\u2019s contention that the legislation would not punish individuals that conceal lawful items, this court found that the legislation would also penalize individuals that used \u201cconcealed compartments to keep legally possessed items from the view of law enforcement officers [even though such individuals had] no criminal purpose.\u201d Carpenter, 368 Ill. App. 3d at 295. The fault with this legislation was that it \u201chad the capacity to sweep in innocent people who could reasonably believe they were engaging in lawful activity.\u201d Carpenter, 368 Ill. App. 3d at 297. There again, the set of activities the secret compartment statute sought to penalize went beyond dealing \u201cwith illegal contraband.\u201d Carpenter, 368 Ill. App. 3d at 295.\nFinally, in Wright, the supreme court addressed the constitutionality of a section of the Illinois Vehicle Code that made it a felony to knowingly fail to maintain records relating to the acquisition and disposition of vehicles and parts. The court found that the legislative purpose in enacting the statute was to combat the transfer or sale of stolen vehicles or parts. However, because the statute potentially punished innocent conduct, such as the failure to maintain records due to disability, family emergency, or incompetency, the court found it was not reasonably designed to serve that legislative purpose. Wright, 194 Ill. 2d at 28. Once again, the fault in the legislation was that the method selected to combat stolen vehicles or parts would reach a greater set of activities \u2014 conduct that had nothing to do with either stolen vehicles or parts \u2014 than the set of activities the legislation was aimed at combating.\nAgainst the background of these cases, we address the defendant\u2019s due process claim that section 16 \u2014 8 may potentially punish innocent conduct. According to the defendant, the legislature\u2019s purpose in enacting section 16 \u2014 8 was \u201cto protect the rights of owners of sound or audio visual recordings from theft or misappropriation.\u201d\nWhile it is true the interests that sections 16 \u2014 7 and 16 \u2014 8 were enacted to protect include the rights of owners of sound recordings from theft or misappropriation, sections 16 \u2014 7 and 16 \u2014 8 each serve a different function in the overall scheme of the legislation. The focus of protection afforded by section 16 \u2014 7 is on the owner of the copyright holder. One cannot transfer (section 16 \u2014 7(a)(1)) or offer for sale (section 16 \u2014 7(a)(2)) sound recordings without consent of the owner. The focus of section 16 \u2014 8, on the other hand, is to protect the consumer from buying what is represented to be an authorized sound recording when the packaging of the sound recording fails to provide the legislatively mandated information that defines an authorized sound recording. Because section 16 \u2014 8 is a consumer protection statute, a violation of section 16 \u2014 8 turns on the information provided on the packaging of the sound recordings. While section 16 \u2014 8 may also serve to protect the rights of owners of sound recordings, it does so indirectly, by seeking to protect consumers from being sold deceptive CDs.\nIn each of the cases set out above, the method adopted by the legislature captured activities that were outside the set of criminal activities the legislation was meant to penalize. In fact, \u201cthe acts that comprised the offenses were not necessarily criminal in nature.\u201d Carpenter, 368 Ill. App. 3d at 297. The courts identified such \u201cacts\u201d as lacking a \u201cculpable mental state.\u201d Adding a culpable mental state would have narrowed the set of activities punished by the challenged legislation to criminal conduct. Here, however, the set of criminal activities the legislation was meant to penalize is identical to the activities captured by section 16 \u2014 8. The desired objective is to punish dealings in \u201cunidentified\u201d sound recordings. Sound recordings are unidentified when the packaging fails to identify the actual manufacturer. Requiring that the packaging of CDs (or CDRs for that matter) placed into the market stream \u201cfor profit\u201d accurately identify the manufacturer of the CDs is a reasonable method to accomplish the desired objective of protecting the interest of consumers in the course of buying sound recordings. The method used to protect the interest of consumers of sound recordings captures activities that are no more or no less than the prohibited dealings in \u201cunidentified sound recordings.\u201d The reach of the statute is no greater than the desired goal. By statutory definition, no truly innocent conduct is captured by the method selected to accomplish the desired objective. We are unpersuaded that there exists a method more reasonable to accomplish the legislative objective than that which the legislature has decided upon. A culpable mental state beyond that which section 16 \u2014 8 requires is unnecessary because by statutory definition those that deal in \u201cunidentified\u201d recordings are necessarily engaged in acts that are criminal in nature; they are not engaged in wholly innocent conduct.\nThe defendant posits the hypotheticals of a home-produced DVD by parents of a \u201ccharming and vivacious toddler\u201d that the parents plan to distribute for profit and of the independent performer seeking to sell her own CDs, each of whom knowingly fails to identify themselves or herself as the manufacturer and performer in the packaging of the audiovisual or sound recordings as examples of innocent conduct captured by section 16 \u2014 8. While we cannot deny that the dealing in either such improperly packaged DVDs or CDs would expose the parents or independent performer to literal violations of section 16 \u2014 8, we recognize as well that \u201c[t]he legislature is granted broad discretion in defining crimes and affixing their punishment.\u201d People v. Arna, 168 Ill. 2d 107, 114, 658 N.E.2d 445 (1995). In the course of balancing the interests between consumers and independent performers seeking to vend their recordings, the legislature has sided with the consumer. As previously noted in our discussion of the claimed preemption of section 16 \u2014 8, this type of consumer protection provision can be violated even \u201cif the transferor has permission and authority to sell the recording from the copyright owner if the labels or packages are deceptive.\u201d Borriello, 588 N.Y.S.2d at 996, 155 Misc. 2d at 268. Those are the strictures of the law passed by our legislature. While the sanctions imposed are criminal sanctions, it is not within our purview to question the wisdom of the legislation passed by our elected representatives, except when it violates constitutional rights and we see no such infirmity here. See City of Chicago v. Holland, 206 Ill. 2d 480, 489, 795 N.E.2d 240 (2003) (recognizing that \u201cthe General Assembly is free to enact any legislation that the constitution does not expressly prohibit\u201d); Best v. Taylor Machine Works, 179 Ill. 2d 367, 377 (1997) (the role of courts is not to judge the prudence of decisions by the General Assembly). In order to protect against record piracy and protect consumers against deceptive recordings, the rules regarding listing the actual manufacturer on CD packaging must be followed by all who deal in such items. Thus, unlike the statutes involved in Wright, Carpenter, Wick and Zaremba, the reach of section 16 \u2014 8 extends no further than to the very activity that the legislature seeks to prohibit \u2014 the sale of unidentified recordings \u2014 whether that activity is engaged in by a party unaware of what the law requires or one with full knowledge that he is dealing in counterfeit recordings. Section 16 \u2014 8 seeks to protect the consumers of sound and audiovisual recordings by making it illegal to deal in unidentified recordings. We are compelled to find section 16 \u2014 8 bears a reasonable relationship to that interest and the method used to protect that interest is reasonable.\nHaving found no constitutional infirmity in section 16 \u2014 8, we are left with the concern expressed for the parties set out in the defendant\u2019s hypotheticals. Our only response is that the prosecution of either of the uninformed vendors under section 16 \u2014 8 appears remote, if not nonexistent. In the two counts under section 16 \u2014 8 filed against the defendant in this case, the charges alleged a lack of consent of the copyright holder. This allegation, while not an element of the offense, suggests before a prosecution such as envisioned by the defendant by his hypotheticals, the lawful owner of the recording would be determined. As such, the scenarios of the parents of the vivacious toddler and the independent performer present \u201cnonrecurrent anomalies, the prosecution of which could well be left to prosecutorial discretion.\u201d People v. Marin, 342 Ill. App. 3d 716, 729, 795 N.E.2d 953 (2003) (noting that \u201cthe legislature should not be required to carry the burden of carving out every possible [anomalous] exception at the risk of having its statute declared facially unconstitutional\u201d).\nThe defendant\u2019s alternative suggestion that no fraudulent conduct is required under section 16 \u2014 8 also falls short of the mark. By its very nature as a consumer protection statute, section 16 \u2014 8 serves to protect consumers against deceptive conduct as to the actual or true manufacturer of the sound recordings offered to the public even where the deceptive conduct amounts to no more than the absence of mandated information of the manufacturer or performer on the packaging of the CD or DVD.\nAccordingly, we reject the defendant\u2019s contentions. As addressed above, while section 16 \u2014 8 was passed as part of an effort to curtain record piracy, the specific purpose of section 16 \u2014 8 is to protect consumers. Consumer protection is a legitimate state interest (Pennell v. San Jose, 485 U.S. 1, 13, 99 L. Ed. 2d 1, 15, 108 S. Ct. 849, 859 (1988)), and the packaging requirements of section 16 \u2014 8 are narrowly tailored to serve that purpose.\nThe defendant also argues section 16 \u2014 8 runs afoul of the first amendment \u201cbecause it compels the disclosure of a speaker\u2019s identity by those wishing to remain anonymous for legitimate reasons.\u201d The defendant cites to the Supreme Court\u2019s decision in Talley v. California, 362 U.S. 60, 4 L. Ed. 2d 559, 80 S. Ct. 536 (1960), for support. However, the defendant\u2019s discussion of this issue in his brief, contained in approximately one-half of one page, is so lacking in analysis that under Supreme Court Rule 341, we need not consider it. 210 Ill. 2d R. 341(h)(7).\nCONCLUSION\nFor the reasons stated above, the defendant\u2019s conviction under count III is affirmed. His conviction under count I is reversed as preempted by the federal Copyright Act. His convictions under counts II and IV are reversed based on the insufficiency of the evidence.\nAffirmed in part and reversed in part.\nCAHILL, P.J., and R. GORDON, J., concur.\nThe exhibits are not in the record.\nA fourth type of piracy involves music downloaded from the Internet.\nThe parties do not address the scrivener\u2019s error of the use of \u201cCompact Discs,\u201d rather than \u201cDigital Video Discs,\u201d in count IV\nThe defendant acknowledges that \u201c[w]hile the sale of blank discs which purport to be sound or audio visual recordings may subject an individual to criminal liability under another statute, it would not subject an individual to criminal liability under either of the statutes in question here.\u201d\nBecause the issue was not presented, we do not consider whether count III under section 16 \u2014 8 is an included offense of count I under section 16\u2014 7(a)(2). See People v. Zakarian, 121 Ill. App. 3d 968, 976, 460 N.E.2d 422 (1984) (\u201cwe find that section 16 \u2014 8, unlawful use of unidentified sound recordings, is an included offense of section 16 \u2014 7(a)(2)\u201d), overruled on other grounds, People v. Perry, 224 Ill. 2d 312, 864 N.E.2d 196 (2007). Nor do we consider the significance of the additional burden assumed by the State in count III that the unlawful use occurred \u201cwithout the consent of the [RIAA].\u201d\nIn general, only sound recordings fixed on or after February 15, 1972, are subject to federal statutory copyright protection. See Goldstein v. California, 412 U.S. 546, 552, 37 L. Ed. 2d 163, 171, 93 S. Ct. 2303, 2307 (1973).\nNumerous state antipiracy laws expressly apply only to sound recordings fixed prior to February 15, 1972. See Cal. Penal Code \u00a7653h(i) (West 2004); Md. Code Ann. Criminal Law \u00a77 \u2014 308(b)(1) (West 2004); N.Y. Penal Law \u00a7275.25 (McKinney 2004).\nWhile the State charged this element in count IV\u00a1 we agree with the defendant, based on the language in section 16 \u2014 8, that lack of consent of the owner is not an element of the offense. But see 2 J. Decker, Illinois Criminal Law \u00a711.28, at 11 \u2014 41 (2d ed. 1995) (stating \u201cwithout authorization of the owner\u201d is an element of section 16 \u2014 8).\nThe defendant used the mental state of \u201cnegligently\u201d in his brief. Section 16 \u2014 8 includes the mental states of intentionally and knowingly. The defendant does not suggest that his argument turns on the use of \u201cnegligently.\u201d", "type": "majority", "author": "JUSTICE GARCIA" } ], "attorneys": [ "Michael J. Pelletier and Ahmed A. Kosoko, both of State Appellate Defender\u2019s Office, of Chicago, for appellant.", "Richard A. Devine, State\u2019s Attorney, of Chicago (James E. Fitzgerald, Veronica Calderon Malavia, and Scott D. Criss, Assistant State\u2019s Attorneys, of counsel), for the People." ], "corrections": "", "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. PAUL WILLIAMS, Defendant-Appellant.\nFirst District (1st Division)\nNo. 1 \u2014 05\u20141141\nOpinion filed September 10, 2007.\nMichael J. Pelletier and Ahmed A. Kosoko, both of State Appellate Defender\u2019s Office, of Chicago, for appellant.\nRichard A. Devine, State\u2019s Attorney, of Chicago (James E. Fitzgerald, Veronica Calderon Malavia, and Scott D. Criss, Assistant State\u2019s Attorneys, of counsel), for the People." }, "file_name": "0875-01", "first_page_order": 893, "last_page_order": 917 }