All entries by this author

What is the “Essential Steps” defense in Copyright law?

Jan 16th, 2018 | By
defenses to copyright infringement

Copyright Defenses – The Essential Steps Doctrine! Introduction When faced with a copyright infringement lawsuit, a Defendant accused of willful copyright infringement needs to take a look at all the potential defenses to help defeat liability.   This blog discusses the “essential steps” defense. What is the “Essential Steps” defense to copyright infringement Here is some

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Software disputes with the government can trigger DMCA and copyright infringement claims

Jan 16th, 2018 | By

Copyright Case Briefs – Blueport Company, LLC v. USA (July 25, 2008), United States Court of Appeals, Federal Circuit SUMMARY: Blueport Co. (“Blueport”) brought this action against the United States for copyright infringement and violations of the Digital Millennium Copyright Act of 1998 (“DMCA”). FACTS: Blueport claimed that the U.S. Air Force infringed Blueport’s copyright on

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Orange County, California Copyright Infringement Lawyer

Jan 16th, 2018 | By
copyright lawyer OC california 949 714

Receive a Notice of Infringement, Subpoena Notice from your ISP or dealing with a technology dispute in the OC we can help! Types of infringement cases we can handle We can handle copyright registration, licensing, infringement, mediation, arbitration and litigation cases in the following areas: Video infringement Art Illustrations Music Books Manuscripts Screenplays Poetry Jingles

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Funimation Anime lawsuit in Texas

Jan 16th, 2018 | By
Anime Copyright notice

Copyright Watchdog® – Anime Infringement Lawyer   Introduction All types of digital content can be subject to claims of copyright infringement.  In this blog, we discuss “Anime” infringement from one of the larger companies, FUNIMATION!  If you received an infringement notice, or notice of subpoena from your ISP, call us at the number below, or

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California “Eraser Law” and minors right to DELETE internet information

Jan 15th, 2018 | By
Right to be forgotten california B&P 22580

California and the “Right to be Forgotten” law.  [Cal B&P 22580]  Social Media Privacy Law Firm. Introduction This blog discusses a relatively new law many people are probably unaware of.   It is known as the “Right to be forgotten law.”  Others have referred to it as the “Eraser law” and it deals with a minors

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Software Law Case Briefs – Microsoft Direct infringement case

Jan 15th, 2018 | By
Microsoft litigation attorney

Attorney Steve® Software Litigation case briefs!  Microsoft Corp. v. A&S Elecs., Inc., (N.D. Cal. Dec. 11, 2015) Summary Microsoft failed to plead contributory infringement because its allegations were vague and conclusory with respect to direct infringement, a requisite element of contributory infringement. Thus, Microsoft’s Complaint did not comply with Rule 8 pleading standards. The Court dismissed

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Copyright Case Briefs – Adobe Systems Inc. v. Stargate Software Inc., 216 F. Supp. 2d 1051 (N.D. Cal. 2002)

Jan 15th, 2018 | By
Adobe software infringement defense attorney

Attorney Steve® Copyright Case Briefs – This case comes from the United States District Court, N.D. California, San Jose Division. VIDEO: Click on the picture above to watch Attorney Steve explain this legal topic in depth. SUMMARY: Here is a case from the Northern District of California,  Plaintiff, Adobe Systems Inc. (“Adobe”) filed an action against defendant,

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Copyright case briefs – MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511 (9th Cir. 1993).

Jan 15th, 2018 | By
computer technology law firm

Attorney Steve® Copyright Case Briefs – This one from the United States Court of Appeal, Ninth Circuit   SUMMARY: Peak Computer, Inc. and two of its employees appealed a district court’s order issuing a preliminary injunction pending trial as well as the district court’s order issuing a permanent injunction following the grant of partial summary judgment. 

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Substantial similarity in infringement cases involving written materials

Jan 15th, 2018 | By
infringement of exam prep materials

Copyright Case Briefs:  RMC Publications, Inc. v. Phoenix Technology Solutions, LLC (E.D. Va. Oct. 27, 2015). Summary RMC, as the owner of the copyright in the PMP Exam Prep book, brought suit against a PMP exam preparation company Phoenix Technology Solutions for the unauthorized use of the PMP Exam Prep book materials in the class presentation

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Copyright case brief – Sun Microsystems, Inc. v. Microsoft Corp., 188 F. 3d 1115 (9th Cir. 1999)

Jan 15th, 2018 | By
Microsoft defense lawyer

Battle of the Technology Giants – U.S. Court of Appeals, Ninth Circuit SUMMARY: This case considers a license from plaintiff-appellee Sun Microsystems (“Sun”) to defendant-appellant Microsoft Corporation (“Microsoft”). The license involved Java, a computer programing language Sun developed to enable the writing of programs that work on any computer operating system.  FACTS: Sun filed suit for

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Microsoft and the First Sale Doctrine – Copyright case brief!

Jan 10th, 2018 | By
Defense of BSA audits and litigation

Copyright Case Briefs –  Microsoft Corp. v. Harmony Computer & Electronics, Inc., 846 F. Supp. 208 (E.D.N.Y. 19) United States District Court, Eastern District of New York   SUMMARY: Plaintiff Microsoft Corporation, sought declaratory and injunctive relief and treble damages against Defendants Harmony Computers & Electronics Inc. (“Harmony”) and its president, Stanley Furst (together the

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H.R. 3945 – a Bill to Create a Small Claims Copyright Court?

Jan 9th, 2018 | By
how to win copyright case

Attorney Steve® Discusses Copyright Small Claims Court!!! Introduction This blog discusses small claims court for copyright disputes.  This is an interesting bill that may help resolve copyright infringement disputes that may help free up the caseload for federal courts which are being flooded with illegal movie download cases and software disputes. Can I file a

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Wake Up & Ball LLC v. Sony Music Entertainment Inc. copyright case brief

Jan 4th, 2018 | By
music infringement attorney

Copyright Case Brief:  Wake Up & Ball LLC v. Sony Music Entertainment Inc., 119 F. Supp. 3d 944 (D. Ariz. 2015) Summary Plaintiff Wake-Up’s complaint sufficiently pled copyright infringement and fraud against the respective defendants, but the issue of whether the Court has personal jurisdiction must be further briefed. Facts Plaintiff Wake Up and Ball,

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The “Batmobile” federal copyright infringement case

Jan 4th, 2018 | By
copyright characters DC comics

Copyright Case Brief:  DC Comics v. Towle, 802 F.3d 1012 (9th Cir. 2015) – The Batmobile case!!! Summary Defendant Mark Towle infringed DC Comics copyright in the Batmobile character when he produced and sold replicas of the Batmobile. Facts Plaintiff DC Comics is the publisher and copyright owner of the comic books featuring the story

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Is your website ADA compliant for those with handicaps or disabilities?

Jan 4th, 2018 | By
website access lawyer

Did your company receive an ADA demand letter seeking monetary damages and attorney fees?  Our technology law firm can help you understand this important issue and help you settle your case. Introduction As if small business owners needed something else to worry about, the ADA act is being used to force some website operators across the

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Fotohaus Photo Infringement Lawsuits

Dec 30th, 2017 | By
Copyright defense lawyer

Copyright Watchdog – Overview of Fotohaus, LLC photo infringement cases   Introduction This blog discusses one company that files photo infringement cases in California (I also found one in Washington D.C.).  Photo infringement cases are a unique type of copyright infringement cases, mainly because the demands are often times too low to justify hiring a

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Overview of Trademark Cancellation Proceeding

Dec 29th, 2017 | By
TTAB trademark lawyer

Attorney Steve® Trademark College – What happens when someone wants to challenge your trademark? Introduction This blog discusses trademark cancellation proceedings.  Say you have a federally registered trademark and then a company comes along (usually an alleged competitor) and demands through their intellectual property law firm that you cancel your trademark, and if not, they

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Copyright pleading tips to avoid Rule 12(b) motions to dismiss

Dec 27th, 2017 | By
federal court litigation tips

Copyright Case Brief: Clifton v. Houghton Mifflin Harcourt Publ’g Co., 152 F. Supp. 3d 1221 (N.D. Cal. 2015) – Avoiding conclusory allegations in your complaint. Summary The professional photographers allegations “made on information and belief” met the plausibility standard because his general allegations put the publishing company on notice of how it infringed the copyrights,

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Filing a copyright lawsuit without first registering your copyright risks FRCP 12(b) dismissal

Dec 27th, 2017 | By
infringement attorney

Copyright Case Brief – Frazier v. Capitol CMG Publ’g, No. 3:14-CV-02310 (M.D. Tenn. Dec. 7, 2015) Summary The Court did have subject matter jurisdiction because, despite the claims being centered around breach of contract, Plaintiff did sufficiently plead a copyright infringement claim against Defendants for taking royalties, which was not part of the publishing agreement.

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How to find your Autodesk serial number when your company is in a software audit

Dec 26th, 2017 | By
autoCAD serial number

Autodesk Software Audit Updates – Finding the serial number and why that’s important. Introduction When your company gets a letter from Donahue Fitzgerald law firm or the Business Software Alliance (a trade association for the major software companies, one of them being Autodesk) you have to make the decision whether or not to engage in

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What is a motion for expedited discovery in federal court?

Dec 20th, 2017 | By
how to defend a torrrent lawsuit

Federal Court Torrent Law – From Strike 3 Holdings, LLC case Introduction This blog discusses the MOTION FOR EXPEDITED DISCOVERY that often occurs in Torrent illegal downloading cases.  This is general legal information only and not legal advice.  A motion to expedite discovery is basically a way for Plaintiff attorneys (often defending music, software, movie

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Wallert v. Atlan – music infringement case brief

Dec 11th, 2017 | By
Los angeles music lawyer

Music Infringement Lawyer – Case Briefs dealing with copyright infringement Case:  Wallert v. Atlan (S.D.N.Y. October 26, 2015),   Court: Southern District New York SUMMARY: This case involves claims of copyright infringement of a musical work and breach of a contract providing for licensing royalties relating to that work. FACTS: Plaintiff Charles Wallert (“Wallert”) alleges that

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Beware of the Torrent Defense Lawyer “settlement factory”

Dec 11th, 2017 | By
best torrent defense law firm

How to choose the best Bittorrent Law Firm Introduction There are a lot of newcomers to the Torrent Defense field (illegal file sharing of movies and software on the internet) and this blog is to give you a few things to think about when selecting a copyright lawyer to defend your case.  Getting a notice

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Twitter sued under DMCA

Dec 5th, 2017 | By
social media attorney DMCA

DMCA takedown notices – 2017 Updates.  Twitter Sued for slow take down process (90 days)   Introduction This is a case involving the Digital Millennium Copy Act (“DMCA”).  The Case was filed by FARRIMOND LAW OFFICES (San Francisco) in the Northern District of California (federal court) in 2017. Sample Allegations in the Complaint Here are a few

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Copyright Royalty Board distribution proceedings overview

Dec 2nd, 2017 | By
copyright royalty board attorney

Copyright Royalty Board Lawyer – Retransmission Royalties & SoundExchange Information Introduction The Copyright Royalty Board sets royalty rates that a company must pay when using copyrighted music under a compulsory license.  For example, say you are running an internet radio show and use music in your show (ex. you are a non-interactive music service provider)

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Fair Use and Derivative Works of Movie under Copyright Law [Case Brief]

Nov 25th, 2017 | By
fair use attorney

Copyright Case Law: Keeling v. Hars, 809 F.3d 43, (2nd Cir. 2015).  Second Circuit Court of Appeals BACKGROUND: This case is about a copyright infringement action involving a stage parody version of a famous movie.  If you are making a parody, it makes sense to have a intellectual property law firm review your script and storyboard

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Flagstaff AZ Federal Court Lawyer

Nov 25th, 2017 | By

Need a lawyer in Flagstaff Arizona Federal District Court? Introduction Our law firm can help with legal services involving litigation in the Federal District Court of Arizona in Flagstaff.  I have enjoyed this great city for so many years and we have extensive federal court experience across California and Arizona (we have offices in both

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Extrinsic test for considering whether two objects/toys are substantially similar

Nov 23rd, 2017 | By
toy IP attorney

Hoberman Designs, Inc. v. Gloworks Imports, Inc., 2015 WL 10015261, (C.D. Cal. 2015).  United States District Court Central District of California.   SUMMARY: This case questions the copyrightability of geometric plastic toys that expand and contract through a series of joints and trusses.  This case comes from the California Central District Court (covering Orange County and

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Strike 3 Holdings, LLC copyright porno file sharing lawsuits 2017

Nov 21st, 2017 | By
movie download defense lawyer

Strike 3 Holdings, LLC Lawsuits – 2017 Overview of adult pornographic video file sharing (torrents) Introduction As the Eagles song goes “there’s a new kid in town, I don’t want to hear it.”  Yes, there is a new copyright infringement (dear I say the “T” word) on the block and that is Strike 3 Holdings. 

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What types of “Damages” qualify under California Right of Publicity law?

Nov 17th, 2017 | By
Civ code 3344 damages

California Right of Publicity Law Firm – Damages Overview Introduction Many attorneys mistakenly believe that you have to have HARD DAMAGES to prove a right of publicity case (or invasion of privacy) in California.  However, the case law recognizes many different types of injury, financial and non-financial that needs to be considered in every case. 

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What is the Entertainment Software Association?

Nov 16th, 2017 | By
entertainment software association

Computer and Video Game Piracy – What is the Entertainment Software Association (“ESA”)   Introduction The ESA engages in copyright infringement (intellectual property) protection and lobbying for the computer and video game industry.  They are located in Washington D.C. near capitol hill. According to Wikipedia: The Entertainment Software Association (ESA) is the trade association of

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Using the FBI anti piracy warning (“APW”) to ward off copyright infringers!

Nov 16th, 2017 | By
APW anti piracy seal lawyer

Using the FBI Anti-Piracy Warning seal to protect your intellectual property?  How to do it and why you should consider doing it.  By Attorney Steve, software & copyright lawyer. Introduction Is your company getting tired of copyright infringement of your photos, videos, music, audio, film files, software programs, website, or other corporate materials?  Perhaps you

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All I want to do is Zimba Ku Ku Ku….Copyright baby!

Nov 13th, 2017 | By
Music Attorney infringement

New Old Music Group, Inc. v. Gottwald, 122 F. Supp.3d 78 (2015) case brief.  United States District Court, S.D. New York – [Summary Judgement in Music Infringement Case] SUMMARY: This this case demonstrates the standard for summary judgment on a copyright infringement claim where owner has a copyright protection of the composition of a song

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Did you receive an Autodesk audit demand letter from Global Licensing Consulting?

Nov 13th, 2017 | By
Autodesk audit lawyer

Software Audit Information – Compliance Enforcement Companies Introduction One company that might have sent you a demand (letter or email) to comply with a software licensing audit is Global Licensing Compliance.  Although their emails look a little “spammy” or like it is non-legitimate, according to one source I spoke with, this company APPEARS (do not

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What happens if the Federal Government infringes your copyright?

Nov 11th, 2017 | By
what is 28 u.s.c 1498

Copyright Infringement Lawyer –  Claims against the Government – Court of Federal Claims [28 U.S.C. 1498]  Introduction This blog discusses “The People’s Court” (the Court of Federal Claims) and what your legal options may be when the federal government or their agents infringe on your copyrights.   You may have a claim under Copyright Section 1498(b).  This

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How cases get to the United States Supreme Court (Writ of Certiorari)

Nov 11th, 2017 | By
Federal Copyright Infringement Lawyer

Litigation Warrior – The Federal Court System Overview – United States Supreme Court Writs of Cert. Introduction The Supreme Court of the United States is a fascinating place to be.  Standing at the steps of the Courthouse and looking up at the large pillars will truly overwhelm your senses.  You will feel a sense of

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Music Infringement Case dealing with Hutson v. Notorious B.I.G. [New York Federal Court]

Nov 8th, 2017 | By
Los Angeles Music Lawyer

Music Infringement Caselaw – Notorious B.I.G. case   Introduction This case deals with a federal lawsuit filed in New York Federal Court dealing with alleged music infringement and a motion to dismiss the case, which ultimately proved successful. Summary Plaintiff did not plead sufficient facts to survive a Rule 12(b)(6) motion to dismiss because it

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Legal liability of sharing account passwords (CFAA and DMCA)

Nov 1st, 2017 | By
Password sharing legal iiability

Illegal Account Access – [Sharing unauthorized passwords can lead to legal liability to a company and its officers and directors] – DMCA illegal access and Computer Fraud and Abuse Act discussed. Introduction When you produce web based software that offers users access to your product, data or information, there is nothing more frustrating than former

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Balboa Island Lawyer

Oct 27th, 2017 | By
balboa island ferry to fun zone

Newport Beach, Balboa Island Law Firm Introduction Balboa Island is one of my favorites places in the world.  Located in Newport Beach, California, this is home to our Fashion Island Newport law office.  Personally, I have lived on the island for many years and love all that it has to offer.  If you need a

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Cases We’re Working On

Oct 23rd, 2017 | By
software and copyright cases we are working on

PIPELINE REPORT – Sample cases we are currently handling, considered taking, consulted on, or recently closed Sample cases SPLA audit – closed BSA software audit (multiple cases) Autodesk software license audit (multiple cases) TV signal piracy case with Arizona sports bar (Settled) Cal. Right of Publicity case under California Civil Code 3344 (athlete rights infringement

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What are the requirements to file a DMCA takedown notice?

Oct 9th, 2017 | By
software illegal access attorney

DMCA take down notices explained by Attorney Steve® Introduction If you have been hanging around the internet long enough you may have heard the term “DMCA takedown.”  But what does this copyright term mean?  I will try to make it real easy with an example. Example infringement Youtube is one of the most popular sites

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Is over-installing software on your computer networks a “fair use” under Copyright law?

Oct 8th, 2017 | By
autodesk bsa adobe licensing

Wall Data, Inc. v. L.A. Cnty. Sheriff’s Dep’t, 447 F.3d 769 (9th Cir. 2006) – Fair Use Doctrine application in software licensing infringement cases.  Over Deployment issue.   Introduction The blog discusses a key issue that can pop up in software audit cases such as Autodesk licensing audits, and software compliance with Microsoft, Adobe and

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Overview of Copyright Licensing

Oct 1st, 2017 | By
breach of IP licensing agreement

Copyright & Trademark Licensing Law Firm.  IP Transactions Introduction Vondran Legal can assist clients with acquiring and licensing copyrights, and also enforcing and defending contractual rights.  This blog discusses our services in this area.  We have extensive litigation experience in both the state and federal courts, including having litigated software infringement disputes, copyright infringement matters,

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My early years – playing sports and learning about industry!

Sep 28th, 2017 | By

“Where Hustle’s the Name of the Game, and nice guys get washed away like the snow and the rain.  It’s been a load of compromising, on the road to my horizon, but I want to be where the lights are shining on me!” –   Like a Rhinestone Cowboy!  Glen Campbell. Can you guess which

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A free speech lawyer’s view of the Trump / NFL controversy (and the potential hidden issue)

Sep 25th, 2017 | By
Trump twitter free speech

First Amendment Law – How it (might) Apply to the NFL player “take a knee” protests.  Another Attorney Steve® legal insight.  Are taxpayer funded stadiums a “public forum” where free speech rights exist? Introduction I think most of us have heard by now about the NFL football players #TakeAKnee protest and POTUS Donald Trump’s reaction

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Copyright Watchdog – Did you receive a photo infringement demand letter from Higbee & Associates?

Sep 20th, 2017 | By
image copyright lawyer

Photo Infringement – Using a Copyrighted Image on your website without a license can be COSTLY!  Introduction If you received a photo infringement letter from companies such as Artist Defense, Masterfile, Getty Images, BWP Media, Sanders Law PLLC, or Higbee & Associates this blog will hopefully prove helpful.  We can help individuals who receive cease and

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“Live Face on Web” Lawsuits

Sep 20th, 2017 | By
Copyright lawyer Live Person web software

Copyright Watchdog – LIVE FACE ON WEB, LLC, Plaintiff, vs. DARYL LOFTON AGENCY, LLC And DARYL W. LOFTON, SR., Defendants.  [Case: 3:17-cv-00169-NBB-RP] Introduction This is a case involving technology alleged to be infringing.  If you are faced with responding to a federal court lawsuit contact us to discuss your case. Sample allegations from one complaint

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Star Fabrics Lawsuits being filed in California Central District Court

Sep 19th, 2017 | By
California fashion attorney

Copyright Watchdog – STAR FABRICS, INC., a California Corporation, Plaintiff, v. LOUISE PARIS, LTD., a New York Corporation; RAINBOW USA INC., a Delaware corporation; and DOES 1 through 10, Defendants Introduction This blog discusses Star Fabric lawsuits currently being filed by Doniger Burroughs APC law firm in Venice, California.  If you received a summons and complaint

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Joanne Fabric Lawsuits filed in Central District of California

Sep 19th, 2017 | By
copyright defense lawyer

Copyright Watchdog – JOANNE FABRIC, INC., a California Corporation; Plaintiff, vs. ZULILY, LLC., a Washington limited liability company; and DOES 1 through 10, inclusive.  FABRIC DESIGN INFRINGEMENT. Introduction Fabric design copyright infringement cases appear to be on the rise.  This blog provides a general legal overview of a fabric design case filed by the law

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How to handle image infringement cases – Masterfile v. Country Cycling case overview.

Sep 18th, 2017 | By
extortion letters

Copyright Watchdog – Masterfile Corporation v. Country Cycling & Hiking Tours By Brooks, Inc. – New York Federal Court. Photo infringement at issue. VIDEO:  Before you read about the case, you may want to watch this video on copyright infringement damages.  Make sure to subscribe to our channel which now has over 4,200 subscribers. Introduction

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WWE Studios Finance Corp “Eliminator” lawsuits

Sep 17th, 2017 | By
ISP copyright notice

WWE Studios Eliminator Movie Lawsuits Overview!Introduction Here is another movie to add to the torrent movie lawsuit list.  Eliminators is another movie, which when illegally downloaded or shared via P2P (peer to peer) bittorent protocals can be the subject of legal action.  Lawsuits have been filed in Utah, Hawaii, Pennsylvania, Connecticut, Nevada and Oregon.  This

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Dish Network v. ZemTV

Sep 17th, 2017 | By
streaming TV piracy defense

Copyright Watchdog – Dish Network Lawsuit Overview Introduction Here is the recent case that is grabbing a lot of headlines in the area of streaming TV law. Case allegations According to the lawsuit filed in the Southern District of Texas (Houston Division): “DISH is the fourth largest pay-television provider in the United States and delivers

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Venice PI, LLC “once upon a time in venice” lawsuits overview

Sep 15th, 2017 | By
Strike 3 subpoena comcast

VENICE PI, LLC Plaintiff v. DOES 1- 20 [Case No.: 17-cv-6412 ].  UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION. VIDEO:  Click on the picture above to hear Attorney Steve® explain how torrent lawsuits work.  Make sure to SUBSCRIBE to our popular youtube channel.  We are now up over 4,200 subscribers.  Thank

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Pornhub users beware, your identity may be disclosed by a DMCA subpoena

Sep 14th, 2017 | By
copyright lawyer DMCA

Copyright Watchdog – Adult Pornography at Issue Actual Subpoena filed in the Court case.  Introduction The news is getting out about Pornhub and their recent DMCA court case.   Foshan Ltd believes some of its copyrighted goods are being infringed on pornhub.com users who are uploading infringing content onto the website.  Foshan seeks to identify

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Autodesk v. Flores case brief (selling unauthorized software on Craigslist)

Sep 14th, 2017 | By
how to settle a software license review

Does Autodesk File Lawsuits against illegal internet sellers and retailers of their software?  In a word, YES!   Introduction This case deals with a infringement case brought in the Northern District of California, (San Jose Division).  It deals with a Defendant accused of selling Autodesk software online for a fraction of the real cost.  This

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Where you “SNATCHED” by a copyright infringement notice?

Sep 14th, 2017 | By

Torrent Defense Lawyer – Did you get snatched up by an infringement notice? Watch Attorney Steve® explain willful copyright infringement. VIDEO:  Click on the picture above to hear me explain this legal concept.  Make sure to SUBSCRIBE to our legal channel, and join over 4,200 other people who get free updates when we launch new

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Download Mechanic Resurrection movie on internet and pay $7,500?

Sep 11th, 2017 | By
deleting torrent movie file

Important things to teach your kids about internet law – Torrent movie downloading can lead to a federal lawsuit and a demand for thousands of dollars. VIDEO: Click on the picture above to go to our popular legal channel.  Make sure to SUBSCRIBE to get FREE legal information to your email inbox when we launch

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Karaoke Music Piracy? Yes, it happens and it can be costly.

Sep 10th, 2017 | By
music infringement lawyer

Has your bar, tavern restaurant or nightclub get hit with an infringement letter regarding karaoke piracy? Yes, it does happen Introduction Here is an interesting case I came across which I thought was blog-worthy.  If you own a night club or bar/restaurant that offers karaoke, you need to make sure you have the property music

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What is Microsoft Certificate of Authenticity?

Sep 1st, 2017 | By
BSA software audit law firm

Software Audit Basic Definitions – Microsoft Certificate of Authenticity   Introduction This is a potential form of proof that shows the Microsoft software you are using is properly licensed.  Usually when you get software pre-installed on your computer (ex. Microsoft Office Professional or Windows 10) you will have a “certificate of authenticity” that shows you

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Charter Communications – Siemens Software Infringement Lawsuits

Aug 28th, 2017 | By
Charter Communications Siemens Subpoena

There is another round of lawsuit being filed by Siemens over infringed software. VIDEO:  Click on the picture above to watch the video.  In these cases “fair use” is a defense.  You need aggressive legal counsel to fight for you and to try to either get your case dismissed, or negotiate the lowest (confidential and

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Are the Boxing match piracy “investigators” TRESPASSERS or RUNNERS for the law firm?

Aug 26th, 2017 | By
private trespasser boxing lawsuit atty

Busted for broadcasting the fight? – Here is how it probably happened with some tips to help!! Introduction I had the great fortune of recently speaking with a former investigator for law firms and “rights holders” involving the rights to broadcast championship fights.   This person was paid to infiltrate private bars, restaurants, and the

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Destruction of historical civil war statutes may raise monetary claims under VARA

Aug 20th, 2017 | By
visual rights of artist under Copyright law

Copyright Law in the midst of a Culture War – Potential Legal Implications of Tearing Down Civil War and other Statutes Introduction As the “new” society (i.e. Millennials, BLM, Antifa and others) seek to destroy vestiges of the “old” society (i.e. to tear down statutes that offend their sense of history and upset their sensibilities)

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Headhunter LLC “A Family Man” torrent lawsuit filed in Virginia, Texas, North Carolina, Oregon, PA

Aug 20th, 2017 | By
torrent defenders

Bittorent Defense IP Firm – Overview of Headhunter LLC Copyright Infringement Case Introduction This blog deals with Headhunter, LLC lawsuits and the move “A Family Man“.  These cases involve use of “torrents” to download and share videos which are the copyrighted products of the Plaintiff.  If you received a subpoena from your ISP (ex. Comcast)

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World Wrestling Entertainment (WWE) Studios Finance sues BitTorrent users for Eliminator Piracy

Aug 20th, 2017 | By
Silicon valley copyright atty

The high cost of Torrent Piracy – WWE “Eliminator” cases seeks damages from “John Doe” Defendants across the United States VIDEO:  What is a Bittorent file sharing lawsuit?  Click on the picture above to watch our popular video which explains how torrent lawsuits work.  Make sure to Click on the Red “V” to SUBSCRIBE. Introduction

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California Fashion Infringement Lawyer – Copyrighted prints, florals, designs, animal skins at issue

Aug 18th, 2017 | By
Fashion Infringement Law Firm CA

We can help Garment manufacturers and clothing retailers facing copyright lawsuits by UFI, L.A. Printex Industries, Star Fabrics, and Unicolors brought by Doniger Burroughs APC Law Firm or others.   Introduction California and New York are leaders of the fashion world.  Our firm is a leader in Copyright Infringement Law.  We can help both Plaintiffs and

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Flava Works in big court battle(s) with public figure over alleged copyright infringement / extortion

Aug 17th, 2017 | By
Malibu Media and Flava Works Porn Defense Atty

COPYRIGHT WATCHDOG – Flava Works Adult Pornography and Torrent Downloads/Uploads at Issue. Introduction – basic facts This case deals with a public figure who was accused by FlavaWorks of downloading and sharing (uploading to other websites) their adult porn featuring black and latino men in alleged copyright infringement.  Flava offers their videos through their website(s)

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Demurrer vs. Motion to Dismiss

Aug 17th, 2017 | By
motion to dismiss and demurrer definition

Litigation Warrior – Difference between a Demurer and a Motion to Dismiss by Attorney Steve® VIDEO:  Click on the picture above to watch our video on Demurrers in California.  Make sure to SUBSCRIBE to join (for FREE) our 4,000+ internet subscribers!  Just click on the Red “V” for Victory! Introduction We litigate alot of cases

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Facebook ‘Live Child Birth’ video copyright holder faces paying attorney fees after losing on “fair use defense”

Aug 16th, 2017 | By
facebook copyright attorney

Copyright Fair Use Defense Essentials – News Commentary case involving the alleged facebook post of a live child birth – from the Southern District in New York! Introduction – “Facebook’s First Live Birth” streaming video case This blog deals with an interesting case about a man who live-streamed his childbirth online on facebook.  Apparently he

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Examples of ‘Cultural Appropriation’ of Intellectual Property?

Aug 9th, 2017 | By
IP theft of culture

Theft of Intellectual Property?  Cultural Appropriation Cases in the News! Introduction Many people, including intellectual property practitioners, may not be familiar with the concept of “cultural appropriation” so I thought this would be a good blog to provide a general overview.  Basically, cultural appropriation can be considered “theft of a culture for commercial gain.”  

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Software audit law firm wants to do on-site inspection of computers?

Aug 9th, 2017 | By
on site software license audit

Software Audits 101 – Dealing with the request for in-house (on site) audit Introduction This is general legal information only and not legal advice or a substitute for legal advice. This short blog deals with another topic that could come up during a software compliance audit.  Your company may be requested to allow representatives of

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Does Autodesk really want companies to audit their independent contractor’s software licenses?

Aug 3rd, 2017 | By
Autocad piracy lawyer

Autodesk 2017 Updates – The Scope of Software Audits [independent contractors] Introduction Recently, I had a friendly encounter with one of Autodesk’s experienced software lawyers who suggested to me that my Client could be held liable for copyright infringement if their INDEPENDENT CONTRACTORS did not have licensed software.  I said, Geez, how could that be

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J&J Sports v. Mandell Family Ventures, LLC case brief dealing with authorized broadcasts

Aug 3rd, 2017 | By
J&J Sports Production Defense Law Firm

Potential defenses in J& J Sports Productions Satellite Piracy Cases – Cable operator “authorized broadcast.” Introduction This blog discusses one case dealing with alleged theft of pay per view boxing fights distributed by J&J Sports Productions, Inc.  These cases can be very difficult to defend against, but here is a case brief dealing with a

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The Eagles “No photo” Policy – give me a break.

Aug 3rd, 2017 | By
prohibiting photos at concert or theater

IP thought of the day – Is it legal to prohibit taking photos at a baseball game or concert? Introduction I recently attended the “Classics” concert at Dodger Stadium in Los Angeles.  Two of the headline bands were Fleetwood Mac and the Eagles.  This blog concerns the Eagles “no photos” policy and whether that is

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J&J Sports Production, Inc. 2017 lawsuit updates

Jul 26th, 2017 | By
boxing piracy defese lawyer

 Does J&J Sports Production, Inc. file lawsuits for cable TV piracy?  2017 updates. Introduction If you received a legal demand letter from the Law Offices of Thomas P. Riley (Pasadena) this is likely a valid letter that you may have to (unfortunately) deal with.  Some clients have thought the letter was not legitimate and ignored

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Architect sues builder for copyright infringement of designs – 3.2 million award insurer must defend

Jul 25th, 2017 | By
design plans copyright

Copyright Infringement Indemnification – Mid Continent Casualty Company vs. Kipp Flores Architects.   Introduction Our firm can help Plaintiff’s and Defendants in copyright infringement matters.  In some cases, insurance may have to pick up the tab for wrongful conduct where an “advertising injury” is involved.  But just what does that mean?  This blog deals with

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Reserving the right to sue the informant in BSA software settlements

Jul 25th, 2017 | By
autodesk audit atty

BSA software alliance – audit essentials [third party liability]  Introduction Every now and again in a software audit defense case we come across a case where a company that was subject to the audit put into a position where they are asked to pay a large settlement for what amount to acts of corporate sabotage

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Do you need to switch lawyers to handle your software negotiation and settlement?

Jul 25th, 2017 | By
best BSA lawyer

How to hire a software audit law firm – Top 5 Tips Introduction We get calls all the time from companies both large and small that have hired a lawyer to represent them in a software audit.  Then, after the case gets going, something happens (a “red flag” is raised) where the business owner begins

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MUSIC LAWYER – Free legal representation possibility

Jul 23rd, 2017 | By
online libel slander attorney

2017 offer open to bands and artists This is a limited time offer to bands, singers, and musicians in the State of California.  We are looking for one or two bands to sponsor with PRO BONO legal services on a limited engagement basis.   We can help with contract review, trademarks, copyright issues, and other

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Software use and installation policy for employees, agents and contractors

Jul 21st, 2017 | By
employee software policy

Attorney Steve® SOFTWARE & HARDWARE INSTALLATION AND USE POLICY. Free sample policy Here is a sample software policy you might want to use to base your employee and contractor software use policy on.  We can also draft privacy policies, terms of use, EULA agreements, and social media policies.  This is not legal advice or a

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Does Solidworks file lawsuits for copyright infringement?

Jul 20th, 2017 | By
software defense law firm

Software Defense Attorney discusses Dassault Solidworks Infringement VIDEO:  Click on the picture above to see Attorney Steve review the Federal Court Pacer tool to see if Dassault Solidworks has filed lawsuits in the past few years.  Make sure to SUBSCRIBE to our popular legal channel (by clicking on the Red “V” for Victory) which is

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Informatica License Management Services (“LMS”) Software Audits

Jul 15th, 2017 | By
SOFTWARE AUDIT LAWYER

Software Audit Law Firm to help with Informatica Licensing Issues Introduction We are technology lawyers who understand technology and business.  Our firm can help with Informatica and third party audits including: A. License Reviews of Informatica customers dealing with system queries and installation of usage utilities / scripts to obtain product usage data.  Informatica may

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How to handle a photography infringement demand letter

Jul 14th, 2017 | By
photo infringement lawyer

Photo Infringement Basics – Negotiation tips from Attorney Steve® the Copyright lawyer! Introduction This blog is for companies and their webmasters and social media marketing companies.  It deals with a general strategy for handling photo infringement letters.  This blog is not legal advice or a substitute for legal advice.  This is general information only.  If

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Fair Use Disclaimer for Youtube channel

Jul 11th, 2017 | By
COPYRIGHT FAIR USE DEFENSE

Attorney Steve® Copyright Law Essentials – Building your Youtube Channel LEGALLY!!! VIDEO:  Click on the picture above to watch the video for important tips on using the disclaimer notice.  Make sure to SUBSCRIBE to our channel by clicking on the Red “V” for Victory.  As we like to say, be smarter than your friends! Introduction Building

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Mechanic Resurrection Torrent

Jul 7th, 2017 | By
ME2 torrent lawsuit

Sued by ME2 Production?  Contact us for a free consultation.  We are a Torrent Defense Law Firm. Introduction If you just received notice that you are being sued by ME2 productions for illegally downloading or streaming their movie Mechanic Resurrection, you are not alone.  ME2 has filed multiple lawsuits against many cable subscribers in Illinois,

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Artist Defense Photo Copyright overview

Jul 7th, 2017 | By
copyright photo attorney

Photo Infringement Lawyer – The high cost of using unlicensed photos on your website, blog or social media accounts. Introduction If you are located in the United States (including Alaska and Hawaii) and you receive a notice of copyright infringement from a photo rights agency such as Getty Images or Artist Defense this blog will

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Photo Infringement Lawsuit hits Trump Organization

Jul 6th, 2017 | By
photo infringement law firm

Photo Infringement Lawyer discusses Trump Organization Copyright Infringement Lawsuit VIDEO:  Attorney Steve talks copyright infringement damages.  Make sure to SUBSCRIBE to our IP law channel.  We are approaching 4,000 subscribers.  Thanks for all your support!  Just Click on the Red “V” when the video starts.  Introduction Donald Trump Organization is creating legal news once again. 

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INTERNET WARNING: Man shares Deadpool movie on facebook, ends up with criminal charges!

Jun 30th, 2017 | By
streaming video atty

Illegal movie sharing on the internet through torrents, streaming and facebook posting! Introduction This blog is a public notice and warning to be careful before sharing books, movies, software, and other digital content online.  While it may seem like a totally innocent act, as this blog notes, it could also lead to very serious legal

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Does D & O Insurance cover software audit demand letters from BSA or others?

Jun 30th, 2017 | By
Software insurance coverage attorney

Software Audit Essentials – Insurance Coverage Introduction When companies get a notice of audit from software companies like Microsoft, Adobe, Oracle, CNC, or Vero software, or from trade organizations and compliance groups such as “software compliance group” or “business software alliance” they often get very concerned about the potential legal liability to both the company,

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California post-mortem right of publicity, Lanham Act and the first amendment

Jun 25th, 2017 | By
Cal Civ Code 3344.1 attorney

California Right of Publicity Essentials – “Post Mortem” rights to name, image and likeness under ROP and Federal Lahnam Act. Introduction Does California have a post-mortem right of publicity?  The short answer is YES!!!  This blog will talk about it and how it works.  There’s an old saying in the law which says “you cannot

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Receive a demand letter from Pixel IP for alleged use of copyrighted Photo?

Jun 20th, 2017 | By
Photo copyright attorney

Unlawful use of copyrighted pictures, images, graphics, and logos on your website can lead to demand letters Introduction If you received a legal demand letter from Pixel IP law firm in Atlanta Georgia, this blog may be helpful to you.  More and more companies are sending out legal demand letters (many of our clients refer to

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Vero letter cites “Legends Never Die” Software Piracy Group – cracked software at issue

Jun 20th, 2017 | By
pirating software lawyer

Vero Software Letters – Notice of Infringement Explained   Introduction When you get the “love letter” from Vero Software (this is our joking terminology for received a notice of copyright infringement by Vero or one of its “certified fraud examiners.”  Generally, you are going to receive a letter informing you that you are infringing Vero’s

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The Alliance for Creativity and Entertainment (“ACE”) launches anti-piracy initiative

Jun 15th, 2017 | By
MPAA infringement notice

Call us if you received a copyright infringement notice, cease and desist demand, takedown letter, federal lawsuit or subpoena.    Introduction This blog discusses a new anti-piracy alliance that has formed by thirty of the leading entertainment companies to try to curb illegal download and distribution of copyrighted content.  The Alliance for Creativity and Entertainment

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First amendment and “public affairs” defenses under California Right of Publicity law

Jun 14th, 2017 | By
LA media and publicity attorney

First Amendment & Social Media Law Firm – Right of Publicity Defenses – News and Public Affairs! Introduction Before filing a lawsuit for misappropriation of identity (name, image and likeness) which can be a form of misappropriation as well as a form of invasion of privacy, it is important to understand the “first amendment aspects.”

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Autodesk files copyright infringement lawsuit in federal court in Texas

Jun 13th, 2017 | By
got letter from autodesk

COPYRIGHT WATCHDOG [U.S. District Court – Western District of Texas (Austin) – CIVIL CASE #: 1:17-cv-00018-SS] Introduction Some of my software audit clients (BSA and Autodesk) ask me: “Does Autodesk ever file lawsuits for copyright infringement?”  The straight answer is yes, they have.  This blog discusses one such case where a lawsuit was filed in federal court

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16 ways you can get sued using twitter

Jun 12th, 2017 | By
Twitter infringement attorney

Copyright issues relating to use of social media network sites such as Twitter Introduction Twiter is a fun application for young and old alike.  However, you can do some things on twitter that could get you into trouble.  This blog talks about a few of those things. Top 10 things you can do on twitter

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Critical information if you received a Stella and Dot Copyright infringement letter

Jun 9th, 2017 | By
Stella and ot demand letter

Copyright Infringement – Jewelry Designs [Dealing with Stella and Dot Demand Letters] Introduction Selling jewelry is a multi million if not billion dollar business.  Men and women are purchasing jewelry at very high levels. Moreover, the business of jewelry is booming with many people starting their creative businesses out of their homes, garages and small

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Tekla Trimble Software – did you receive an audit or demand letter?

Apr 12th, 2017 | By
Timble software compliance defense attorney

Timble Software License Compliance overview.  Products may include Tekla structures, structural designer, BIMsight, Tedds, Field 3D.  Introduction Have you received a legal demand letter from Trimble / Tekla software based in Finland?  This company produces modeling software for the infrastructure, energy and construction industries (structural engineering).  If the letter is from the company directly, the

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Autodesk vs. Flores case brief (Default judgement for copyright infringement)

Apr 12th, 2017 | By
DMCA software infringement attorney

Autodesk lawsuits – Case brief (selling unauthorized software on ebay or Craigslist can lead to legal problems)  Introduction This blog discusses the case of Autodesk, Inc. v. Flores, No. 10-CV-01917-LHK, 2011 WL 337836 (N.D. Cal. Jan. 31, 2011).  Thing is case deals with alleged copyright infringement of Autodesk software, and a default judgement that was taken

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Beware of unsolicited phone call from someone claiming to be Microsoft software license representative

Apr 11th, 2017 | By
Microsoft BSA audit atty

Consumer warning when dealing with foreign callers claiming you have invalid Microsoft licenses   Introduction Yesterday I received a call from a guy speaking English, but in a manner I could hardly understand.  He was ranting and raving claiming his name was “Steve Williams” (apparently a total lie) and it was from the phone number

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London Has Fallen suggests it might seize your bicycle for allegedly pirating their movies?

Apr 7th, 2017 | By
how to settle torrent case

London Has Fallen Updates 2017 – Financial Hardship and the extent they might go to make you pay for allegedly downloading their movies on Bittorent. Introduction My firm has dealt with many types of financials demands before, but here is one I recently received that just made me go “whoa, really.”  It deals with an

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MCN Channel Network Contracts – get them reviewed by Youtube Lawyer!

Apr 6th, 2017 | By
MCN contract attorney

Youtube Lawyer Insights – MCN Contract Review Introduction If you are a Youtube video star and you entered into a MCN (Multi Channel Network agreement) with a private company that is, or has offered you the world, BEFORE you sign that agreement you should have an Internet & Youtube Lawyer review your contract and carefully

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U.S. Supreme Court Says Cheerleader Uniforms Copyrightable

Mar 22nd, 2017 | By
Can you copyright a cheer outfit

Copyright Law 2017 Updates – Decorative Elements of Cheerleading Uniforms can be subject to copyright protection!  Give me a V-I-C-T-O-R-Y! Introduction A recent big win for Varsity Brands, Inc. (“Varsity”) one of the country’s largest suppliers of cheerleading uniforms.   By a 6-2 vote of the US Supreme Court Justices Varsity’s competitor – Star Athletica

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Can you copyright a signature yoga pose or choreographed dance move?

Feb 24th, 2017 | By
dance compilation lawyer

Copyright Law Issues – Protection of creative yoga and dance move compilations! Introduction This blog discusses whether or not you can seek federal copyright protection by registering your unique dances moves, signature yoga poses, or other creative choreography. In general a yoga stance might not be easy to protect, nor would a simple dance move,

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Did your company receive an email about an “Autodesk Software Review”

Feb 20th, 2017 | By
software license lawyer

Autodesk Software Compliance Updates 2017 – SAM Review!   Introduction Did you receive a letter or email from Autodesk discussing a request that your company “participate in a software review.”  Sounds pretty friendly right?  But is it?  Are these letters legitimate or some type of scam?  Well we had a business owner present the letter

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Malibu Media Lawsuit Updates – Defendant wins!

Feb 14th, 2017 | By
Adult porn copyright lawyer

Malibu Media subpoena results in losing case in Chicago, Illinois.  Big win for Defendant.   Introduction Recent Malibu Media pornography movie lawsuits have been filed in Texas, Pennsylvania (Philadelphia), Michigan, Washington D.C. and New York.  However, this blog deals with a case filed in the Northern District of Illinois involving a “Doe Defendant” that decided

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“Back off buddy” – Intentional interference with prospective economic relations under California law explained

Feb 1st, 2017 | By
san fran business interference attorney

California Tort of Intentional interference with the prospective business relations of another company    Introduction One serious business tort that companies cannot seem to steer clear from (due to the  nature of business and competition is the tort of interference (either negligently or intentionally) with the prospective business advantage of another company, in other words,

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Did Trump sue Alec Baldwin for $445 billion for Copyright Infringement?

Jan 28th, 2017 | By

Copyright Watchdog – President Trumps shows litigious side over Baldwin Comedy Sketch – NOT!!! Here is a link to one story about Trump suing Baldwin I saw online.  When you read some of the viewer comments, it appears many people believe the story.  This is why it is important to always check the source and

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What type of proof do you need to show software license compliance?

Jan 18th, 2017 | By
Software OEM proof of purchase

Software Audit Essentials – Proving you have a valid license for software your organization is using.  If not, expect penalties, fines and audits.   Introduction The game – you are an infringer when you install software on your computer according to business software alliance attorneys.  You must PROVE your license (its an affirmative defense as

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Harry Houdini copyright trick!

Jan 14th, 2017 | By
Harry Houdini Copyright Story

Copyright protection can provide valuable benefits – the Harry Houdini Story Introduction One of the greatest magicians of all time was Harry Houdini.  This blog discusses how once upon a time he used the copyright laws to keep others from trying to profit off his intellectual property. Who was Harry Houdini? According to wikipedia: Harry

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Unauthorized commercial use of model photos on facebook can lead to right of publicity win

Jan 8th, 2017 | By
LOS ANGELES ENTERTAINMENT ATTORNEY

California Right of Publicity Updates – 2016 Verdict and discussion of assignability of rights of publicity to a image protection agency – Timed Out, LLC.  Introduction Here is one case I recently reviewed involving a California right of publicity case.  To learn more about our CA right of publicity practice area go here.  We have

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Linda’s Lyrics “Dash Poem” Copyright Infringement, seriously? Yep.

Jan 7th, 2017 | By
Dash poem infringement atty

Copyright Infringement Basics – Poetry and Poem cases filed by Lynda’s Lyrics, LLC Introduction I have to admit I got a kick out of reviewing these “Dash Poem” lawsuits.  Here is the general gist of it, this gal writes a (pretty cool poem known as the “Dash”).  Basically its a poem about how you are

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SOFTWARE INFRINGEMENT QUESTIONNAIRE

Dec 30th, 2016 | By
copyright infringement defense attorney

SOFTWARE INFRINGEMENT QUESTIONNAIRE – PLEASE COMPLETE AND FAX BACK TO (888) 551-2252 IF YOU ARE BEING ACCUSED OF SOFTWARE PIRACY.  WE OFFER A FREE INITIAL CONSULTATION FOR BUSINESS OWNERS AND OTHERS ACCUSED OF UNAUTHORIZED SOFTWARE USAGE.  Did you download and install any software which was not licensed (ex Microsoft, Autodesk, CNC Software, Vero, Siemens, Solidworks,

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Copyright Infringement risks of purchasing refurbished computers, PC’s and laptops

Dec 28th, 2016 | By
software piracy defense law firm

Microsoft Office, Windows and Visio Software Alerts – Refurbished computers must be valid and legit Introduction One thing that sometimes pops up when we are handling software audits is a company is charged with illegally using software on refurbished computers   The company will claim, for example, that they purchased the rehab computer from BestBuy

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List of Copyrighted Malibu Media videos

Dec 22nd, 2016 | By
tips to settle malibu media case

Malibu Media Litigation – Movie Titles Research Introduction Here is a list of Malibu Media from the United States Copyright Office which appears to indicate that these films are copyrighted.  If you are being charged with illegally downloading a film that is NOT on this list you might want to ask opposing counsel for a

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Motion to Quash and Court Response in Torrent Illegal Download Case

Dec 22nd, 2016 | By
Torrent subpoena ISP Cox Comcast

How to respond to a copyright infringement notice and subpoena notice from your ISP – No, it’s not a motion to SQUASH – its a motion to QUASH!! Introduction Here is one motion to quash that was filed in one Torrent illegal movie download case involving the London Has Fallen movie by LHF Productions, Inc..

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Can you use Windows 7 Home Premium for Commercial Use?

Dec 22nd, 2016 | By
EULA software audit law firm

Microsoft Licensing Quandries – will someone please explain whether or not you can use Microsoft Windows Home for commercial business purposes?  Introduction  This is not legal advice, but since I cannot seem to get a straight answer on this from BSA counsel, I am posting this with the hopes that someone out there in the

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Digital Forensics Companies you may encounter in Bittorent lawsuit

Dec 21st, 2016 | By
file sharing law firm defense

A look at the Digital Forensics Examiners behind some Torrent movie download cases – Maverickeye UG, Guardaley, or IPP   Introduction When you are involved in a torrent p2p file sharing lawsuit its always good to know who the “players” are and that includes the companies that allegedly found the ISP subscriber to be downloading

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Is the “fully loaded” Kodi application with firestick legal to watch movies, sports, PPV?

Dec 21st, 2016 | By
streaming video lawyer

Streaming Movies can lead to claims of federal copyright infringement Introduction What is this Kodi box application (formerly XBox Media Centra – “XBMC”)?  It’s like a killer media organization platform that allows you to gain access to all kinds of TV shows, sports pay per view, and movies but is it legal?  This blog discusses

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Septembers of Shiraz lawsuits, what you need to know

Dec 20th, 2016 | By
Best Torrent Defense Law Firm

Torrent Defense – September Productions files lawsuits for “Septembers of Shiraz” Illegal Movie Download and file sharing (P2P). Introduction This blog talks about another movie production company that may sue for illegal file sharing on the internet.  If you received a subpoena notice from your ISP such as Comcast, Cox, or Verizon, and need legal help,

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Pay-Per-View & Satellite TV Piracy Defense Attorneys

Dec 20th, 2016 | By
DMCA litigation lawyer

Joe Hand Promotions Inc., J & J Sports Production and G & G closed circuit cases – Satellite TV Piracy cases explained – [Unauthorized Commercial Exhibition of PPV programming such as Ultimate Fight Championships and Boxing Matches and other sports events]. Introduction Joe Hand Promotions (“JHP”) is in the television distribution industry.  For many years they have

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Characteristics of a software troll

Dec 20th, 2016 | By
best software troll defense law firm

We have heard about Copyright Trolls and Patent Trolls, but what about Software Trolls? Introduction  Our firm has dealt with many intellectual property law firms and trade associations for the software vendors (such as the BSA, SIIA, and Software Compliance Group).  These companies can be “barracudas” when it comes to sorting our your corporate license

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Mr. Church Illegal Movie Download Lawsuits

Dec 19th, 2016 | By
Torrent defense attorney

Cook Productions Inc. – Mr. Church Lawsuits may cause you to Pray for Help!  We can help! Introduction Apparently Mr. Church lawsuits over illegal downloads of the Eddie Murphy movie are coming to a theater near you in States such as Oregon, Indiana, and North Carolina.  According to Wikipedia: Mr. Church is a 2016 American

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Being sued by National Photo Group, LLC or BWP Media USA?

Dec 18th, 2016 | By
Attorney for Photography infringement

Copyright Infringement Updates 2016 – Online Photo & Digital Image Infringement Law Introduction This blog discusses lawsuits filed by National Photo Group, LLC, BWP Media USA Inc., dba Pacific Coast News and FameFlynet a Plaintiff that provides “entertainment related photojournalism goods and services” including pictures of celebrities which are licensed to online and print publications.

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Will federal judges deny early discovery in Malibu Media Bittorrent cases?

Dec 17th, 2016 | By
Torrent Defenes

Malibu Media Defense Updates – Motion for Early Discovery [Subpoenas to ISP]    Introduction This blog discusses a federal court case from the Central District Court in California wherein Malibu asked the Court to subpoena the ISPs owning these 10 IP addresses, to uncover their subscriber logs to identify the names and addresses of the 10

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Attorney Steve’s Ultimate Deposition Tips

Dec 17th, 2016 | By
Tips to give a good deposition

Litigation Warrior – giving the best deposition possible.  Tips from the litigation trenches! VIDEO:  Click on the picture above to hear Attorney Steve explain his top 10 tips for CRUSHING your deposition and being the best witness possible.  Make sure to join over 2,500 subscribers who get our free video updates by clicking on the

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How to settle illegal movie downloaded cases for less using a financial hardship declaration

Dec 16th, 2016 | By
Settlement tips malibu media

Torrent defense issues – trying to settle your case for less, that’s what we do!!  Introduction When you are facing a lawsuit or threat of copyright infringement for downloading a movie on the internet (ex. a Malibu Media adult porno movie, London Has Fallen, Mechanic Resurrection, Flava Works movie, or other) this declaration MIGHT help

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The software alliance is trying to close out cases year end 2016?

Dec 16th, 2016 | By
BSA defense atty

Software Audits with the Software Alliance – www.BSA.org VIDEO:  Click on the picture above to learn more about who the BSA is, what they do, and how software audits work. If you need help, call us at the number below or email me at the address on the right side of this page. We have

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Microsoft “crash reports” and the copyright statute of limitations

Dec 15th, 2016 | By
copyright statute of limitations in software audits

Software Audit Defenses – Copyright Statute of Limitations [Crash reports]  Introduction This blog discusses one potential defense that may be used in software audit cases involving companies like the BSA, SIIA, Adobe, Vero, Siemens, Autodesk, Solidworks, CNC Mastercam, and other companies.  It relates to a statute of limitations defense. Bonus Materials: We discuss common defenses

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How to make money as an online Juror – YEAH BABY!

Dec 12th, 2016 | By
How to become online juror

Attorney Steve’s – SHOW ME DA MONEY [Online Jurors]!!! CLICK HERE if you were looking for our popular youtube legal channel.  Over 350,000 video views!!  Make sure to SUBSCRIBE by clicking on the Red “V” for Victory! Introduction Ever wish you could make money sitting at home doing what you love (listening to interesting legal disputes

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L.A. Gem & Jewelry Design Copyright Lawsuits

Dec 7th, 2016 | By
La Gem Milord Associates

Copyright in Jewelry Designs – Infringement Lawsuit Updates.  L.A. GEM & JEWELRY DESIGN, INC., a California Corporation, Plaintiff, vs. MICHAELS STORES, INC., a Delaware Corporation; HALCRAFT USA, INC., a New York Corporation; BARBARA WALLACH, an individual; ALFRED WALLACH, an individual; and DOES 1 through 10. Introduction Yes, if you create a unique jewelry design you

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What is “Inducement” of Copyright Infringement?

Dec 3rd, 2016 | By
Third party liability in software copyright cases

Copyright Infringement Essentials – What you need to know about the Secondary liability Claim for “INDUCEMENT” of Copyright Infringement Introduction This blog discusses one of the third party liability grounds under the United States copyright law.  We have discussed “contributory infringement” and “vicarious infringement” on other blog posts.  These allegations can be raised in a

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Vicarious Copyright Infringement Explained

Dec 3rd, 2016 | By
liability for employees piracy

Copyright Infringement Essentials – What you need to know about “Vicarious” Infringement Introduction This blog will discuss “vicarious copyright infringement” which is sometimes alleged in a lawsuit dealing with a violation of a copyright holders legal rights whether it relates to books, video games, artist drawings, music, pirated software, architecture or other creative works of

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Successful FRCP 12(b) motion to dismiss in Torrent illegal movie download case

Dec 3rd, 2016 | By
P2P file sharing attorney

Defense Strategies in Torrent Download Cases – The Motion to Dismiss Introduction Here is one federal court case from Oregon where a Defendant claimed he did not download a Cobbler Nevada movie, and filed a motion to dismiss the case which alleged copyright infringement and contributory copyright infringement.  You can find the case on Federal

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Oregon court recommends Attorney Fees in Cobbler Nevada Torrent case

Dec 3rd, 2016 | By
Cobbler subpoena attorney

Torrent Law Updates 2016 – Cobbler Nevada Attorney Fee Case [Oregon] Introduction This blog discusses a recent case from Oregon Federal Court discussing how a Defendant MIGHT be able to recover their attorney fees in an Torrent illegal movie download case.  Here is a citation to the case which you can find on the Federal

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What is Contributory Copyright Infringement?

Dec 3rd, 2016 | By
infringement defense atty

Copyright Infringement Essentials – Understanding “Contributory Infringement” Introduction This blog discusses what you need to know about a cause of action for “contributory” copyright infringement, which in essence is a type of “aiding and abetting” of infringing software, books, movies, films, videos, jewelry, literature, poems, art, photographs or other items. What does it take to

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Does an insurer have a duty to defend in software audit cases?

Nov 30th, 2016 | By
software audit bad faith insurance

The intersection of insurance “BAD FAITH” law and software audits! Introduction Our law firm is licensed to practice law in California and Arizona.  We accept federal copyright infringement software audit cases nationwide.  This blog discusses a case out of Ohio.  Bear in mind our firm is not licensed to practice law in Ohio, and this is

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Sample monetary demand letter from the business software alliance

Nov 29th, 2016 | By
Penalties for unlicensed software BSA

How much money with the Software Alliance demand after the licensing compliance audit? Introduction If you got to this page by reading our blog on the Eight Floor Promotions vs. The Cincinnati Insurance Company case here is the demand letter that the BSA sent Eight Floor following them submitting audit results (which showed a licensing

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Fraudulent DMCA take down notices can be costly [Online Policy Group v. Deboid]

Nov 28th, 2016 | By
copyright DMCA bad faith lawyer

Digital Millenium Copyright Act Essentials – Sending fraudulent DMCA takedown notices Introduction If your company is doing business online (ex. selling software, running an eBay or Etsy store, engaged in photography or simply running your own eCommerce or streaming video / broadcasting website) and you receive a DMCA take down notice, or worse, have your

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Software Compliance Group, your partner for business success?

Nov 28th, 2016 | By
audit letter from software compliance group

Who is the Software Compliance Group?  What do they want when they send you a audit letter? Introduction Did you receive a letter from the Software Compliance Group (“SCG”)?  Were you served a copy of a summons and complaint from the Milord & Associates?  If so, call to speak with a copyright infringement lawyer to

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Tips to getting an injunction to stop willful copyright infringement [FRCP 65]

Nov 27th, 2016 | By
how to get an injunction in federal court

Federal Court Injunctions in Trademark and Copyright Infringement Cases – FRCP 65 Introduction When an infringer is illegally reproducing, distributing, or publicly performing or rebroadcasting your copyrighted works (ex. music, lyrics, eBook characters, art, photos, film, videos, software), you want them to STOP.  To do this legally, you need to consider seeking an “injunction” which

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Did you download a movie from I.T. Productions on a torrent website?

Nov 26th, 2016 | By
internet defense lawyer

Defense Attorney for Illegal Movie Download cases Introduction Our intellectual property (“IP”) law firm can help you with legal issues dealing with online infringement of book, movie, music, software and other copyrighted digital content such as photos, lyrics, comics, art, illustrations, architecture and other creative works of authorship. This blog discusses Video Downloads from I.T.

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Criminal Productions Inc. Torrent lawsuits for illegal movie file sharing

Nov 23rd, 2016 | By
TORRENT DOWNLOAD LAWYER

Illegally downloading and sharing a movie on a torrent website can result in a very costly movie viewing (without the popcorn)! Introduction Here is another blog about a movie company that has a registered copyright that they seek to enforce against a “P2P” (peer-to-peer) file sharing torrent user.  In this blog, we discuss the CRIMINAL

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Mechanic Resurrection torrent download movie infringement lawyer

Nov 22nd, 2016 | By
Mechanic resurrection ISP subpoena notice

Bittorrent Defense Updates – Did you receive a subpoena notice from your ISP regarding “Mechanic Resurrection” movie? VIDEO:  Click on the picture to play our video advertisement. Introduction Our copyright defense law firm helps clients across the United States who are accused of using the torrent protocal to illegally download and share movies online which

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Malibu Media Northern District Court filings

Nov 22nd, 2016 | By
Malibu subpoena ISP

We can help you settle your JOHN DOE lawsuit anonymously.  We offer no cost initial consultations! Introduction We are seeing a lot of filings of Malibu Media lawsuits in the Northern District of California.  If you need help defending against one of these lawsuits and trying to settle your case anonymously, call a copyright infringement

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VBConversions, LLC copyright infringement lawsuits overview

Nov 21st, 2016 | By
1201 DMCA litigation attorney

Illegal use of crack codes to get around trial software limitations can lead to DMCA and copyright infringement charges Introduction Did your company receive a infringement notice, or worse, served a federal lawsuit for using VB Conversion software?  If so, this blog may be helpful.  If you were sent a legal demand letter, infringement notice

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Hitek copyright infringement lawsuits overview

Nov 21st, 2016 | By
anti-circumvention litigation DMCA

DMCA illegal access to software programs online can cause serious legal troubles Introduction Did your company receive a infringement notice, or worse, served a federal lawsuit for using Hitek software?  If so, this blog should be helpful.  Hitek is a software company located in Santa Barbara, California.  The letter you received may have come from Law Offices of

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Attachmate [Micro Focus International] software audit letter overview

Nov 19th, 2016 | By
Microfocus Software Audit

Attachmate / Micro Focus software audit overview Introduction Did you receive a letter from a copyright infringement or intellectual property law firm (or from the consulting firm Deloitte and Touche) asking your business to submit to a software compliance audit?  If so, contact our firm, we can help you explore your software audit rights and help

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Digital Defamation lawyer explains how to fight back against libel and slander online!

Nov 18th, 2016 | By
online libel slander attorney

California Business Defamation Lawyer Introduction – Digital Defamation is a companies worst nightmare! IF YOU WERE LOOKING FOR OUR DEFAMATION CHECKLIST CLICK HERE False and negative online reviews can severely injure and cripple your business.  You can lose customers (both potential customers and those who refuse to do business with you once they saw or

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DMCA subpoena under 512(h) – infringers beware!

Nov 14th, 2016 | By
512(h) DMCA subpoena notice

Digital Millenium Copyright Act (DMCA) – Power of the Subpoena! Introduction If you received a subpoena notice from your ISP (internet service provider) this is an important blog.  Sometimes when you receive a notice of subpoena its because you are involved in a federal court lawsuit (ex. “John Doe” torrent file sharing lawsuit).  However, there

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Copyright ‘non-infringement’ Attorney Fees for prevailing Defendants

Nov 13th, 2016 | By
Defendant wins copyright attorney fees

Copyright Infringement Damages – Prevailing Defendant seeking its attorney fees! Introduction The Copyright Act of 1976, 17 U.S.C. § 505, provides in relevant part that in any copyright infringement action “the court may award a reasonable attorney’s fee to the prevailing party as part of the costs.”  Individuals and business owners who receive copyright infringement

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“Tattoo” Copyright Litigation, yes you heard that right!

Nov 8th, 2016 | By
body art infringement attorney

Copyright litigation updates – “You are infringing my tattoo art” Introduction Federal copyright protection, as defined by 17 U.S.C. §102(a), is available for “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid

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Statute of limitations for copyright infringement action is THREE YEARS

Nov 8th, 2016 | By
3 YEAR STATUTE OF LIMITATIONS SOFTWARE PIRACY

Copyright Infringement – Time Limits to Bring Claims Introduction For a party to bring a cause of action for federal copyright infringement, the cause of action must be brought within three years. But what does that mean?  When is the start date?  Is there “tolling”?  This blog discusses some of the topics related to this

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Challenging the period of infringement in torrent illegal swarm download cases

Nov 7th, 2016 | By
torrent defense atty

Defenses to Bittorrent adult movie infringement – Challenging ISP retention policies, laches, consent, estoppel and statute of limitations. VIDEO:  Click on the picture above to watch Attorney Steve discuss Bittorrent lawsuits.  Make sure to click on the Red “V” for Victory to subscribe to our legal channel. Introduction When you get sued by adult movie

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How to confirm whether or not Autodesk reseller is valid BEFORE you buy software on eBay

Nov 6th, 2016 | By
software infringement piracy atty

Illegal Software Purchases on eBay, Craigslist and Amazon.com can lead to infringement claims. Introduction One thing that pops up time to time while handling software compliance audits is the company that purchased software online from retailers such as Amazon.com, Craigslist or auction sites like eBay.  This might sound like a legitimate arms length transaction, but

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Do commercial crime & employee dishonesty insurance cover illegal acts of software informant?

Nov 5th, 2016 | By
dishonest employee liability

Copyright infringement damages – will your corporate insurance policy cover your losses? Introduction We have written other blogs regarding whether or not a business can recover money under their insurance policie(s) where they are subjected to paying a fine for unlicensed software on their laptops, computers and servers.  See “advertising injury” insurance blog.  This blog

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Seeking idemnification or contribution from the informant who installs unlicensed software

Nov 4th, 2016 | By
software atty audit leter

Software Audit Essentials – [Seeking Indemnification & Contribution from the “Secret Informant”]. Introduction We recently had a mid-sized business come to us with a software audit letter demanding that they engage in a license compliance audit.  After we discussed the case in detail, and after reviewing my Client’s internal laptops, computers, and networks they noticed

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BUSTED for using Autocad STUDENT software for commercial purposes!

Oct 25th, 2016 | By
commercial use of student internet software

Autodesk Software Audit – Student and Intern Issues (FAQ) VIDEO:  Attorney Steve explains software audits dealing with use of unlicensed students versions of Autocad and Autodesk (for commercial projects).  Make sure to LIKE to our FACEBOOK FAN PAGE for future legal updates. Introduction As a software lawyer, I handle many cases with Autodesk counsel from the prestigious

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Overview of common Autodesk software products

Oct 24th, 2016 | By
Autodesk audit information

Autodesk Audit – Basic Product Descriptions Introduction When companies are asked to engage in a “voluntary” audit with Autodesk software company of San Rafael, one of the questions I get is “what products am I looking for?”  This is a list of some of the more common products that architects, designers and engineers might want

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How to get a law firm to accept your case

Oct 19th, 2016 | By
copyright contingency lawyer

THE LAW OFFICES OF STEVEN C. VONDRAN, P.C. – How to PITCH YOUR CASE to a law firm so they might accept it! VIDEO:  Click on the Red “V” above to watch Attorney Steve explain his tips to best help you find an attorney who will accept your case.  Make sure to SUBSCRIBE to your popular

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Software publishers suing for breach of End User License Agreement (EULA)

Oct 7th, 2016 | By
Software infringement lawyer

Is Breach of a software EULA (or other terms of use for a copyrighted work) considered a breach of contract or copyright infringement? Introduction When dealing with software publishers and copyright holders it is important to know whether you have a license to use their copyrighted works.  Users should also know what the terms, conditions,

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Does a software license transfer from an old employer to a new business?

Oct 4th, 2016 | By
The Software Audit Lawyer

Software Audit Tips and Tricks – Did your license transfer from the old employer? Introduction A common type of case that arises in representing software clients is the situation where a current company (ex. Speedy Architect & Design) claims a software license is valid due to its being purchased and registered at an old company

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Welcome to Attorney Steve’s Website – You Found Us!

Sep 26th, 2016 | By
technology law firm

Welcome to Vondran Legal and the Official Website of Steven C. Vondran, Esq. (Attorney Steve®).  We appreciate you visiting our website and invite you to learn more about what we do!  To contact us now call (877) 276-5084. CLICK HERE FOR ATTORNEY STEVE’S PROFILE CLICK HERE FOR OUR WEBSITE TERMS OF USE Our law firm

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Copyright infringement for purchasing what appears to be a valid software license online?

Sep 13th, 2016 | By
Craiglist eBay software infringement

Software Licensing Compliance Law Firm Introduction The public needs to know this and know what goes on in the “software infringement trenches.”  My firm deals with many different types of software companies including but not limited to Microsoft, Adobe, Bentley, CNC, Autodesk, Siemens, Vero and others.  The business model of many software companies is to

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Sample UDRP domain disputes in the Software context

Sep 12th, 2016 | By
Domain dispute lawyer

California Domain Name Dispute Lawyer Introduction Here are three domain cases that highlight how the UDRP domain dispute process works, and why a buyer of domain names should carefully think through the potential implications of intellectual property law (particularly trademarks) before purchasing domains, especially those related to “CAD” which seems to be a popular domain to

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Films & Movies that MAY be tracked for online infringement on Torrent websites

Sep 6th, 2016 | By
Streaming Video Lawyer

Illegal File Sharing or Streaming of Movies, Videos & Film Clips online can have serious financial consequences! Introduction Here is a list of certain movies which MIGHT have special code attached to track it on peer to peer file sharing websites such as the Pirate Bay, KickassTorrents, ExtraTorrent, RARBG, 1337x, EZTV.ag, Torrentz and other websites

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Siemens Software Lawsuits Update

Aug 23rd, 2016 | By
IP law firm for software infringement letter

Software Infringement – Siemens 2016 Updates  Introduction We are seeing more incidents of Siemens filing lawsuits against companies that are alleged to have infringed their copyrights by not paying for the proper software licenses.  This blog provides general resources and updates in this area and answers some important questions business owners have been asking us.

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Help, facebook took down my video due to copyright infringement!

Aug 22nd, 2016 | By
youtube facebood video take down attorney

What can you do if facebook pulled down your video? Introduction Recently over the weekend I was hanging out with friends in Newport Beach.  We pulled up our “facebook live” application and started shooting a video to test out their software.  We were just having fun and trying to see how the application worked.  A

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Is a software audit protected by the Attorney-Client privilege?

Jul 30th, 2016 | By
software defense atty

Software Law Essentials – [protecting the audit results with the Attorney-Client privilege] Introduction Here is a question I recently received by an astute professional on LinkedIn.  He asked whether or not a company can protect the audit results via the lawyer-client “privilege” and basically wanted to know how this legal concept applies in real life.

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San Diego Copyright Torrent Defense Law Firm for Malibu Media cases

Jul 19th, 2016 | By
SD malibu media atty

If you are facing being named as a “Jane Doe” or “John Doe” in a federal district court lawsuit in San Diego, contact us to discuss your legal rights. Introduction One of the most aggressive movie companies that enforces the rights of their adult porno videos is Malibu Media, LLC.  They have become known as

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We interrupt this legal blog to bring you an interpretation of “Time” song by Pink Floyd

Jul 11th, 2016 | By

“So you run and you run to catch up to the sun but its sinking, racing around to come up behind you again.” SONG: Click the picture above o play the song while you read this for best results!! My interpretation of Pink Floyd’s “Time” Song This is a totally random blog, but I got

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Can parents be held liable for their kids illegal downloading of movies, games, software, videos online?

Jul 10th, 2016 | By
DMCA ISP Lawyer

Parental Liability for Online Infringement Conduct by their Kids Introduction This is general information for persons of all ages to better understand potential legal risks of using the internet. Parents should be on notice that you might be held legally liable if your kids get caught downloading and/or sharing copyrighted media, such as adult movies, video

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Motion to Quash Subpoena under F.R.C.P. 45 explained by Attorney Steve

Jul 7th, 2016 | By
Bittorrent Defense Lawyer

F.R.C.P Rule 45 Explained – Motion to Quash ISP Subpeona NO, it is not called a “Motion to Squash!” : ) Introduction Our firm handles software audits, copyright bully defense, Bittorrent defense and we represent copyright rights holders in a wide variety of legal transactions from drafting and reviewing agreements, drafting website terms of use,

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Podcast lawyer discusses 10 things to think about when launching your online show

Jun 29th, 2016 | By
Podcast lawyer

California Podcast Attorney – Basic overview of the legal side of Podcasting Podcast:  Click the image above to hear my legal podcast. Introduction This blog will focus on the best tips I can give to young persons out in the internet world who seek to make a name for themselves by podcasting.  This form of

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SIIA software auction piracy cases

Jun 29th, 2016 | By
eBay software law

Digital Content and the Internet – Beware eBay sellers and other auction site sellers! Introduction – legal issues with knowingly selling pirated software online! Selling software on the internet is not without its risks.  There are companies that monitor these sales and are looking for infringing software, books, magazines, comics, selling academic versions of software

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What is the Canadian Alliance Against Software Theft?

Jun 29th, 2016 | By
Best IP attorney SF

International Copyright & Software Piracy – Canada  Introduction According to Wikipedia: “The Canadian Alliance Against Software Theft (CAAST) is a Canadian trade group affiliated with the Business Software Alliance.  Its mission statement is to “reduce software piracy in Canada through education, public policy and enforcement.  The CAAST was established in 1990.” CEG-TEK notices to Canadian

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Basic information when dealing with a CNC (Mastercam) software investigation

Jun 29th, 2016 | By
CNC software license attorney

Software Law Essentials – Dealing with BSA audits involving CNC Mastercam products or Ansys Demand Letters Introduction CNC makes many different software products and they have been around for a while now.  According to Wikipedia: “Founded in Massachusetts in 1983, CNC Software, Inc. is one of the oldest developers of PC-based computer-aided design / computer-aided manufacturing

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California CCP 425.17 commercial speech exemption to Anti-SLAPP law

Jun 29th, 2016 | By
Free speech attorney

Internet & Free Speech Cutting Edge Legal Issues [The SLAPP Suits & Motions]   Introduction – Case hypothetical I am going to try to make this blog easy to understand by starting right off with a case example.  Okay, let’s say your company sells SOFTWARE and you a technology company headquartered in the East Bay

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Youtube Content ID system, copyright infringement and how to strike-back!

Jun 27th, 2016 | By
Youtube copyright legal issues

Social Media Law Essentials – Youtube Copyright Strikes, Content ID and Infringement Explained Introduction Everyone knows Youtube is the greatest thing there on the web.  The ability to post, watch and share movies is nothing short of amazing.  However, there are copyright legal issues that can arise where one company claims another is infringing their

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Do I have a claim for false advertising under the federal Lanham Act?

Jun 27th, 2016 | By
Attorney for false advertising case

False and Misleading Advertising under Federal “Unfair Competition” Law (Lanham Act) Introduction Here is a blog discussing the Federal Lanham Act and how it creates a cause of action for false and misleading advertising (and also false association) by competitors.  Companies should be careful to avoid using the name, image or other identifying characteristic of

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How to handle the DMCA “Bad Faith” Bully with a 17 U.S.C. 512(f) lawsuit

Jun 22nd, 2016 | By
Lawyer for DMCA bully case

Intellectual Property Bullies can be Stopped – Here’s One Way to Do It! Introduction This blog discusses the general procedure that occurs in DMCA “take down” notice cases.  These cases can get very contentious because in many cases, people are trying to make a living by buying and selling things online, such as books, music,

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Right of Publicity Sample Demurrer Language

Jun 20th, 2016 | By
LA lawyer publicity law

Litigation Warrior – Opposing a Demurrer in California ROP cases (sample language)  Introduction Right of publicity, to me, is a form of intellectual property.  A person (whether famous or not) has a legal right to control the commercial use of their identity – name, image, nickname, likeness, voice, photo, signature etc.  Yet in a competitive

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What is the Copyright Enforcement Group (CEG)?

Jun 19th, 2016 | By
Movie piracy lawyer

Copyright Law Essentials – Understanding who the CEG is. RESOURCE: Go to our Bittorrent Defense Page. Introduction As we have talked about on many other podcasts and on our Vondran Youtube Legal Channel, copyright holders are out in full force monitoring and protecting their legal rights.  They are monitoring peer-to-peer file sharing and sending out infringement

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What are the “exclusive rights” of a copyright holder under 17 U.S.C. 106?

Jun 18th, 2016 | By
Best DMCA lawyer

Copyright Law – Exclusive Rights Enjoyed by a Federal Copyright Holder! Introduction There are benefits to registering your creative works with the United States Copyright office.   17 U.S.C.. § 106 sets forth the rights a copyright holder enjoys which are some of the benefits of copyright protection.  This blog discusses these legal rights in general. §

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Legal risks of buying and selling software products online

Jun 18th, 2016 | By
Copyright infringement lawyer

Copyright Bullies & Trolls – Tales from the Trenches! Introduction – risks of buying and selling software online The variation of copyright trolls is virtually limitless.  Here is an email from another case we handled recently.  Basically, in this case our Client purchased a printer on Ebay.  The printer came with a separate piece of

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California right of publicity and punitive damages

Jun 16th, 2016 | By
LA publicity attorney

Are PUNITIVE damages available for misappropriation of identity invasion of privacy cases in CA?   Introduction Some Defendants are surprised to learn that merely using someone elses name, picture, or image on their website, newspaper, podcast or other area could trigger a right of publicity cause of action (which is a form of invasion of

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The copyright bully and extortion practices with “confidentiality” clauses

Jun 10th, 2016 | By
Copyright bully defense

Copyright Bully Nonsense – When the IP law firm crosses legal and perhaps ethical lines Introduction There is an old saying “when you are slaying the dragon try not to become the dragon.”  In civil litigation, this takes on a real life meaning from time to time.  My firm is a civil law firm.  We

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How to stand firm against an SIIA lawyer

May 31st, 2016 | By
Attorney SIIA

Sample conversation with a lawyer for the Software and Information Industry Association (“SIIA”) VIDEO:  Click on the picture above to get an introduction into the SIIA.  Make sure to Click on the Red  “V” to subscribe to our legal channel for free general legal information updates. Introduction Here is an email I had with a

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Legal risks of a flash mob!

May 30th, 2016 | By
Social media flash mob attorney

Flash Mob Law Basics – Things to think about before planning your next flash mob! Introduction Flash mobs are fun as heck to watch and even harder to put together as a planner.  There are many “moving pieces” and also many “legal risks” that need to be considered.  This blog provides a general legal overview

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Should I respond to a copyright cease and desist letter?

May 28th, 2016 | By
cease and desist attorney

Copyright Infringement Essentials – The Demand Letter (respond or ignore)? Introduction This blog discusses general tips ever individual or business owner should keep in mind in making the TOUGH DECISION whether or not to respond to a “cease and desist” letter or a copyright infringement demand letter (what some people refer to as legal extortion). 

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Sample Joint Case Management Statement Northern District California

May 15th, 2016 | By
Sample Jt Case management statement Northern District

Attorney Steve Litigation Warrior – Initial Case Documents (Federal Court) Introduction This is a sample of what a case mgmt. statement looks like.  When you are in federal court in Northern District of California (ex. counties such as Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa

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Fathers & Daughters Nevada, LLC – Arizona illegal download lawyer!

May 15th, 2016 | By
P2P copyright infringement lawyer

Copyright “DOE” BitTorent lawsuits – what you need to know! Introduction This blog discusses the lawsuit filed in Arizona District Court on February 2016 alleging illegal copying, downloading and distributing of a copyrighted film.  The lawsuit was filed against 33 “DOE” defendants (which is how a Plaintiff files a lawsuit if the identity of the

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Software audit damages – can Microsoft really “unbundle” Office products?

May 15th, 2016 | By
microsoft audit attorney

Damages and Penalties in Microsoft Audit Cases – Unbundling Explained Introduction If your business is being subjected to a Microsoft audit (or SIIA or BSA audit for that matter), this is an important blog to read. In this blog I address the issue of what monetary damages a software publisher like Microsoft might be seeking

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Legal issues in BUYING or SELLING software online [First Sale Doctrine]

May 9th, 2016 | By
copyright litigation attorney

Copyright Law Basics  – The First Sale Doctrine Explained!  Introduction When you buy a piece of software, do you OWN IT or are you just LICENSING IT?  This is an important question.  If you own it, you should have the legal title to it, and this would suggest that you can turn around and sell

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Sample Answer and Affirmative Defenses to Copyright Infringement Lawsuit

May 8th, 2016 | By
Best copyright lawyer

Sample Federal Court Pleadings – Northern District California Introduction If your company is sued in Federal Court by a software company (ex. in California in the Central District, Eastern or Northern District, or Southern District, or in Arizona District Court) the following is a sample of the “Answer” you would file.  Your answer would normally

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Ostensible agency in software infringement cases dealing with resellers

May 7th, 2016 | By
illegal software dowloads

Software Law and Reseller Agency Principles Introduction There are many different types of agency.  For example, someone can be an “actual agent” of your company.  For example a real estate agent properly licensed is an agent of the brokerage where he or she hangs their license.  There may also be “implied agency” where it appears

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Copyright Protection for your Site Plan, Building, Engineer Drawings and other “Architectural Works”

Apr 5th, 2016 | By
Copyright infringement attorney

Legal Protection for Architectural Works and Designs? Introduction Your custom-designed dream home is uniquely yours.  The site plan, architectural drawings, and structure itself may be protected from copyright infringement by other architects, contractors, or other owners.  Even in the world of real estate, copyright protections can exist for unique works of authorship that are fixed

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Is fair use as a defense to software copyright infringement claims?

Mar 29th, 2016 | By
Copyright lawyer

Copyright Law – Computer Software Programs Introduction When the Copyright Act was initially passed in 1976, Congress surely anticipated that the “fair-use” defense should and would evolve over time to take on the new challenges of the times.  In our age, to adapt to new digital technologies, computing in the cloud and other challenges created by novel

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What is “innocent” copyright infringement?

Mar 26th, 2016 | By
BSA software defense lawyer

Copyright Law Basics – “I made an honest mistake” defense Introduction As a litigation attorney we have handled all kinds of intellectual property disputes, from trademark bully cases to software infringement disputes.  One of the main issues in copyright cases is defining whether or not there was “willful” infringement.  In many cases the business owner

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ITC Section 337 Investigations and international copyright infringement claims

Mar 17th, 2016 | By
ITC 337 lawyers

Copyright Law Basics – the ITC 337 proceedings Copyright Infringement, the ITC, and Section 337: What You Need to Know From the moment your creative expression materializes into a fixed, tangible form, copyright protection attaches.  There is actually no need to formally register your creative works, although federal registration certainly has its advantages (such as allowing

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Sample letter to software company that alleges infringement due to their own fraudulent reseller

Mar 10th, 2016 | By
EXTORTION LAWYER

Software Audit Defense Tips Introduction This is a sample letter.  This is not for commercial use.  We do offer a copy of this letter for sale to other attorneys by clicking on the document and going to Scribd page. Sample “back off Jack” infringement response letter (pirate reseller) October 15, 2015 Cutting Edge Software Inc.

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