All entries by this author

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 will seize your bicycle for allegedly pirating their movies?

Apr 7th, 2017 | By

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

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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ADA Website Accessibility Compliance Litigation on rise in Arizona?

Jan 25th, 2017 | By
technology lawyer website ADA letter

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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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

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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Dec 30th, 2016 | By
copyright infringement defense attorney


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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

Malibu Media Litigation – Movie Titles Research 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 copy

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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 – 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

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” type of case. Federal Caselaw In Online Policy Grp. v. Diebold, Inc., 337 F. Supp. 2d 1195, 1199–200 (N.D. Cal. 2004),

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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

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 law firm helps clients who are accused of illegally using Bittorent websites to download and share (seeders) movies through Torrent websites which is generally treated as

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Malibu Media Northern District Court filings

Nov 22nd, 2016 | By

We can help you settle your JOHN DOE lawsuit anonymously.  We offer no cost initial consultations 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 lawyer

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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

Internet Reputation and Online Defamation Lawyer (California and Arizona) 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

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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

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 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, 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

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,, 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

My interpretation of Pink Floyd’s “Time” Song This is a totally random blog, but I got to talking on facebook tonight with one of my old baseball friends and we got to discussing this song from our baseball playing days.  The song is TIME by Pink Floyd and is one of my favorite songs of

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

Jul 10th, 2016 | By

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) or Ansys 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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Car dealers taking advantage of an elder is despicable

Jun 6th, 2016 | By
consumers lawyers ECOA elder fraud abuse

Abusive treatment of elders on California boat, car, and RV dealerships CLICK FOR SAMPLE CAR DEALER FRAUD FINANCIAL ELDER ABUSE COMPLAINT Introduction The senior population in California is growingly rapidly. High pressure sales tactics by overly aggressive sales managers Can you rescind or VOID your car purchase contract? What is undue influence? What is the

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California Real Estate Licensing Law Firm – The Gold Standard!

May 31st, 2016 | By
real estate license lawyer

California Real Estate Licensing Resource Center Introduction Our law firm is a LEADER in real estate broker law in California.  We have handled a massive number of legal cases from Sand Diego to Los Angeles up to Fresno and throughout San Francisco and Sacramento areas.  We have been around the block, built many professional relationships and

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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 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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Sample case law and mediation brief for California financial elder abuse cases

May 2nd, 2016 | By
CAL elder lawyer

Financial Elder Abuse – Sample Mediation Brief! Introduction Persons over 65 in the state of California are a “protected class.”  This means, when you are doing business with an “elder” you need to make sure you are engaging in a fair transaction.  This is true whether you are a Real estate broker selling commercial real

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

Apr 5th, 2016 | By

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 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

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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Help I got a software infringement letter from Surfcam (by Vero Software)!

Mar 10th, 2016 | By
Reseller liability for software infringement

Software Audit Defense Lawyer – responding to infringement letters based upon fraudulent reseller conduct (selling bootlegged software) & General Surfcam Copyright Notices. Introduction Surfcam is a software product (owned by Vero Software) located in Thousand Oaks, California and also an address in the U.K.  They make a product known as “CAM” (computer aided manufacturing) for milling, turning

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Drone Law Basics for Real Estate Brokers

Mar 8th, 2016 | By
Real estate drone attorney

Set yourself apart from the crowd in the real estate business in 2016 – Drone Law Frequently Asked Questions! Introduction If your real estate company is thinking about using Drones in your business this year, (for example a property manager looking to showcase new rentals, or a residential broker or sales agent looking to highlight

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Is our company legally obligated to agree to a software license audit?

Mar 4th, 2016 | By
Autodesk and BSA compliance

Software Licensing Law – The Decision to Engage or Not Engage in Contractual of Sales Audits!   Introduction One of the tough decisions to make when your company is approached by a software publisher or their intellectual property lawyers is whether or not to engage in the “voluntary” internal software audit.  Is your company contractually

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Filing or responding to Etsy intellectual property complaints

Mar 2nd, 2016 | By
intellectual property attorney

Intellectual Property Law Firm – Online IP infringement Introduction What is Etsy?  It is a unique online marketplace where sellers can sell UNIQUE things.  According to their website: Etsy is a unique marketplace. Buyers come to Etsy to purchase items that they might not find anywhere else. Everything listed for sale on Etsy must be

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Are software piracy whistleblowers protected by the law?

Mar 1st, 2016 | By

Software Piracy & Infringement Law – The Whistleblower!   Introduction One thing that tips off software publishers regarding the topic of their software being infringed is the word from the insider.  Tipsters can be many different types of persons: 1.  Current employees 2.  Ex-employees (especially those recently fired) 3.  Contractors 4.  Temporary workers 5.  Interns (both

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Software audit legal checklist – 30 things every business must consider when they receive a demand letter

Feb 29th, 2016 | By

How to respond to a software audit demand letter – print out this checklist and call for a FREE consultation (877) 276-5084.  You can go it alone, but why would you? Checklist How to Respond to a Software Audit PDF by Steve Vondran Download our FREE sample checklist Click on the SCRIBD logo below to

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What your business needs to know about software raids

Feb 27th, 2016 | By
copyright criminal lawyer

Software Lawyer discusses the legalities of a corporate raid for copyright infringement issues. Introduction If you are concerned about widespread software piracy at your company you need to understand the important topic of what happens with a software raid.  Are these legal?  Is your business likely to be targeted?  Hopefully this blog will provide some

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when does copyright software infringement become a crime?

Feb 26th, 2016 | By
17 USC 506 criminal copyright laws

Criminal Software Infringement Law – Section 506 cases Introduction Software theft is a serious issue and where a company has widespread software installs without any proofs of purchase or without significant evidence that proper licenses have been obtained (ex. a partial or total lack of a defensible position in regard to properly licensing software) the

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Case brief – Autodesk, Inc. v. Feinberg & Associates, P.C.

Feb 25th, 2016 | By
copyright defense lawyer

Software infringement law   Case Summary On October 30, 2002, Autodesk, Inc. (“Autodesk”) filed a complaint in United States District Court, Northern District of California (“Court”), alleging Copyright Infringement against Feinberg & Associates, P.C. (“Feinberg”), an architecture firm in New Jersey.  The civil action arises under the copyright laws of the United States, 17 U.S.C.

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Can a software company obtain a preliminary injunction in an alleged software infringement case?

Feb 25th, 2016 | By
Injunctions in copyright infringement

Software infringement caselaw Introduction One question that pops up when we represent companies facing software audits is “can the software publisher shut our company down if they believe we are software pirates?”  The short answer is yes, it is possible your company could be subject to the highly publicized “software raids” and possible lawsuit seeking

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Tips to help complete a software audit excel worksheet

Feb 25th, 2016 | By
software compliance attorney

Software licensing lawyer shares audit survival tips (filling out the template)! Introduction When you get the letter asking your client to engage in a corporate wide voluntary self-audit of your companies software assets (ex. from the BSA, or Autodesk), your first thought will probably be “I never win anything what are the odds our company

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Sample response to receiving a software audit letter – unjustified “fishing expedition” cases

Feb 19th, 2016 | By
BSA software compliance lawyer

BSA software audit defense – potential sample response when you receive an unjustified demand to submit to an audit Introduction  Fighting a company that is determined to try to punish you for alleged software piracy is never easy.  In some cases a company may be unjustly accused of infringing software and not having a valid number

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Microsoft Audit Tips – SAM License Verification Process

Feb 13th, 2016 | By
SAM compliance lawyer

Microsoft Software Audit Defense – Microsoft SAM Audit “True-Ups” Introduction One of the things that can arise in the world of software audits is a request from Microsoft asking a company to submit to a voluntary “software licensing verification process.”  Also known as a SAM audit (software asset management).  When companies get this they might often ask

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What is a statement of issues?

Feb 11th, 2016 | By

California real estate licensing lawyer – fighting the denial of a real estate license!   Click on the picture above to watch the video.  Make sure to click on the Red “V” to subscribe to our business and real estate youtube channel. Stay in the know! Introduction  When you are trying to get your real

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Does insurance company have to cover software infringement losses of a company as an “advertising injury”?

Feb 10th, 2016 | By
Bad faith insurance law IP coverage

Intersection of Software Audits and Insurance Bad Faith Introduction Most people know by now that our firm has handled many different types of copyright and software infringement cases.   But what happens where software companies such as the business software alliance, SIIA, Microsoft, or Autodesk find your company to be a willful copyright infringer, and

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Can I buy new software when I am in the middle of a software audit?

Jan 12th, 2016 | By
attorney for software EULA

Software Licensing Essentials – Purchasing Tips During an Ongoing Audit! Introduction When your company is involved in a software audit things can get pretty stressful.  You are busy auditing your computer networks and seeking to locate receipts and proofs of purchases in order to prove your legal compliance, and meanwhile you need to purchase software

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What are the different types of “emotional damages” the Courts recognize?

Jan 9th, 2016 | By
Civil lawsuits and emotional damages

Introduction Types of emotional damages a Plaintiff or Cross-Defendant may seek recovery of damages for in a lawsuit Here is a list of many of the different types of emotional harms that can lead to money damages in a lawsuit.  For our Clients, please print this out and identify which apply to you.  We will

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Do I have to disclose arrest records on my CALBRE real estate salesperson or broker’s application?

Jan 7th, 2016 | By
DBO and BRE licensing tips

How to obtain a real estate license in California with prior criminal convictions. Introduction One question that pops up from time to time in our busy real estate practice is whether or not an “ARREST RECORD” (not an actual conviction) needs to be disclosed on CalBRE real estate license applications.  This is general legal information

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Checklist: Do you really have grounds to sue for defamation?

Jan 3rd, 2016 | By
Cal defamation lawyers

California Defamation Jury Instructions – Can you PROVE defamation?  If so, we might be able to help you recover significant money damages for libel and slander on the internet. Introduction Defamation used to be known as “the tort of the rich and famous.”  The main reason being that it was often difficult for a Plaintiff

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Sample software settlements by Vondran Legal

Jan 1st, 2016 | By
How to settle a software audit

We fight hard to limit your legal exposure in software compliance, audit and licensing cases.  In software cases, negotiation skills is everything and we have it! Sample settlement victories We are an experienced software audit defense law firm.  We have helped many companies from across the United States save their businesses from bankruptcy, limit their

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Will my BSA software settlement be kept confidential?

Dec 30th, 2015 | By
BSA confidential settlement

Software Audit Essentials – Keeping it confidential! Introduction When you finally get down to settling your case, and you have agreed on a settlement amount, payment terms, and other critical points, a draft of the settlement agreement will then be sent over to us, which will need to be closely reviewed.  As we have discussed

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The role of the Software Code of Ethics in software settlement agreements

Dec 30th, 2015 | By
BSA settlement agreements

Software Audit Defense Essentials – Negotiating the settlement agreement! Introduction When you finally get to the point where you believe you have your BSA, SIIA or Autodesk software audit settled, you then come to the settlement agreement.  Some people think the hard part is over (combatting the threats of filing a lawsuit for copyright infringement),

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What is the Business Software Alliance?

Dec 21st, 2015 | By
BSA defined

BSA Defense Lawyer explains the Business Software Alliance! VIDEO:  Click on the picture to watch the video which explains what the BSA is.  Make sure to click on the RED “V” (for Victory) to subscribe to our FREE legal updates!  We are now up over 1,100 subscribers thanks to your continued support!  Thank you!! Bonus

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Go on the offensive by filing a declaratory Judgment action against a trademark or copyright bully

Dec 2nd, 2015 | By
trademark declaratory judgement lawsuit

How to stop a Trademark or Copyright Bully exceeding the scope of their trademarks, copyrights or service marks! WE ACCEPT FEDERAL COPYRIGHT & TRADEMARK CASES NATIONWIDE! Introduction There is probably nothing worse than trying to run and grow your business and then you receive the CEASE AND DESIST or TAKE DOWN LETTER from some company

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A list of the BRE real estate lawyers we have worked with

Nov 30th, 2015 | By
Experienced CalBRE license lawyers

Overview of CalBRE Attorneys we have dealt with Introduction Some clients want to know which attorneys at the CalBRE that we have worked with, negotiated with, and/or dealt with on various real estate matters.  Here is a list:  John Barron  Angela Cash Mary Clarke Stephanie Sese Michael Rich Truly Sughrue Richard Uno Annette Ferrante Elliot

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When do you need to be licensed as property manager in California?

Nov 20th, 2015 | By
CalBRe property management attorney

California Real Estate Property Management Law Firm Introduction Our regional law firm helps property managers with BRE compliance issues.  This blog discusses the law in regard to when a company that manages residential or commercial real estate in California needs to be properly licensed or risk getting a desist and refrain order from the BRE

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Arizona Music Lawyer can help you with your contracts!

Nov 20th, 2015 | By
music lawyer arizona

Our entertainment law services for musicians and entertainers offers LOW FLAT RATE FEES!  Introduction Having a music lawyer on your team is extremely important. The music world runs on intellectual property, licensing and copyright law.  We can help you get the protection you need, defend your rights, expand your global reach and represent you in

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Can the C.A.R. ombudsman help with a Realtor commission dispute?

Nov 16th, 2015 | By
C.A.R. mediation lawyer

Attorney Steve’s Commission College – Tips to resolve a commission dispute in California Introduction Being involved in a commission dispute is never fun.  Knowing the proper buttons to push, and the options to seek a recovery is of the utmost importance.  This blog talks about one measure, contacting the C.A.R. ombudsman. Other measures may include

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How to respond to an ADRE cease and desist order

Nov 8th, 2015 | By
ADRE lawyers for licensing defense

Arizona Real Estate Law Basics – ADRE defense lawyer discusses the C & D! Introduction In Arizona, (as in California – we represent many real estate broker clients from San Diego to San Francisco) sometimes companies engage in licensed real estate activities when it does not have the license to do so.  For example, a

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How to sue the broker, Realtor or third party that interferes with your real estate transaction

Nov 8th, 2015 | By
Real estate lawyer theoris to recover a commission

Attorney Steve’s Commission College – Interference with Contractual Relationships and Prospective Business Advantage! Introduction When you are working hard on a deal as a real estate broker or agent (whether it be a real estate deal, lease, commercial transaction, etc.) you want to get paid for your efforts.  Especially when you are the “procuring cause”

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Arizona real estate broker unlicensed assistance guide

Nov 8th, 2015 | By
AZRE lawyer Maricopa county property management

AZRE Real Estate Broker Compliance – Unlicensed Assistants Introduction This blog discusses the important topic of unlicensed real estate assistants and what they CAN and CANNOT do in real estate transactions.  This is important to know to make sure you are complying with all rules and regulations of the commissioner.  This is super important in

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Are you sure you are the “procuring cause” of the real estate deal?

Nov 8th, 2015 | By
what is procuring cause?

Attorney Steve’s Commission College – Procuring Cause Checklist! Introduction Commission disputes are no fun.  Neither are “ethics complaints” that often accompany the commission dispute, and the BRE complaint that also may be filed in a commission dispute involving brokers and their buyers and sellers.  Things can get messy if you do not GET YOUR AGREEMENTS

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Suing the “secret informant” in software audit cases

Oct 30th, 2015 | By
Software audit attorneys BSA defense

How to address corporate espionage and trade secret theft in software licensing audits  Introduction Having handled a large number of software licensing audit cases from large software companies such as BSA (Business Software Alliance), SIIA, Autodesk, and Microsoft and their intellectual property law firms, we have learned a few things we think  the public should know

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Sample response to USPTO “office action letter”

Oct 29th, 2015 | By

TRADEMARK TIPS – RESPONDING TOP THE TRADEMARK EXAMINER AT USPTO FOLLOWING REFUSAL TO REGISTER. To the Trademark Examiner and/or Commissioner for Trademarks: Application serial no. XXXXX (“Superstar Software Company”) has been amended as follows: ARGUMENT(S) In response to the substantive refusal(s), please note the following: Request to withdraw refusal as to trademark application #XXXXXXX  We respectfully

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Copyright violation by using wordpress plugins on multiple domains

Oct 29th, 2015 | By
terms of use for software plugin

Software Lawyer Warning for Web Developers! Introduction Building your corporate or personal wordpress website can be fun and good for business.  Adding “plugins” are something that just about every web developer or websmaster has to do to make a great functional wordpress website.  But each of these plugins are made by different companies, and each has

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Arizona real estate brokers storing documents electronically per SPS No. 2005.06

Oct 26th, 2015 | By
maricopa county real estate lawyer

Maricopa County Real Estate Property Management Compliance Law Firm! Introduction Property management and general real estate compliance in Arizona is an important topic.  One of the issues that can arise in a AZRE audit of real estate (residential or commercial), cemetery or those brokers working for property owners is the duty to keep and maintain

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Who can be a signor on an Arizona property management trust account?

Oct 26th, 2015 | By
phoenix ADRE property management audit

Arizona Department of Real Estate Compliance Law Firm Introduction Arizona Department of Real Estate takes trust accounting rules and property management compliance very serious.  How the trust account is handled is one of the biggest issues both in-state and out-of-state brokerages need to be concerned with.  This blog discusses who can be a signor on

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Will I get a “cite and fine” or an accusation?

Oct 22nd, 2015 | By
Cite and fine real estate accusations

California Regulations of the Real Estate Commissioner – Cite and Fine! Introduction In California, all brokers and salespersons are required to follow the “regulations of the real estate commissioner.” One of rules addresses the “cite and fine” process.  This blog discusses this disciplinary process in general.  When you are being audited (for example a California

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CalBRE compliance – appointing licenses to manage branch offices under B&P 10164

Oct 21st, 2015 | By
BRE compliance law firm

Real estate compliance tips – managing and growing branch offices!   Introduction When your real estate business is growing fast, you may need to appoint supervisors to manage your branch offices.  In California, this is legal, but you have to make sure you are following the rules.  We have seen this issue pop up in

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Common violations in an Arizona DRE property management audit

Oct 19th, 2015 | By
Arizona property management lawyers

ADRE Audit & Investigation – Property Management Audits on the Rise? Introduction Our firm has handled countless property management audits for our California real estate brokers and salespersons and the regulatory action in the Golden State is pretty high.  However, we have not seen as much from our Arizona clients, until recently, which leads us

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How to subpeona witnesses to OAH administrative hearing

Oct 19th, 2015 | By
Subpeona response lawyer

California Real Estate Administrative Hearings SAMPLE OAH SUBPOENA Introduction Our firm represents real estate brokers, sales agents, mortgage loan originators, CFL licensees, notaries and other real estate professionals in responding to affidavits and subpoena duces tecum which normally arise when a broker or sales agent is under investigation. This blog, however, tackles the issues of

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Types of discovery available in California administrative hearings

Oct 16th, 2015 | By

California DBO and BRE real estate licensing Attorneys Introduction When you are involved in a real estate related administrative hearing, you need to know your rights and have a licensing law firm that can help you fight for your real estate brokers, salesperson, MLO, NMLS, RMLA, or CFL license.  This blog discusses discovery in these

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Are you prepared for a CalBRE “broker office survey”?

Oct 15th, 2015 | By
CalBRe broker office survey

California real estate compliance – the “surprise visit” Introduction The BRE has expansive investigative authority to monitor real estate licensees for compliance in the state of California.  This blog discusses the “Broker office survey” and what you can do to prepare for this. What happens at a Broker Office Survey The California Bureau of Real

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Grand v. Griesinger – the problem of the property management rent-a-broker

Oct 14th, 2015 | By
Administrative hearing attorney

CalBRE licensing law basics  Introduction In handling a large number of real estate licensing cases over the years, one theme that pops up quite frequently is the property management “rent-a-broker.”  In these cases, you have a salesperson or officer of a company fighting a broker after an accusation is filed, and both are pointing fingers

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“Fair Use” Defense must be considered under new DMCA ruling

Oct 14th, 2015 | By
Lawyers for Microsoft licensing audit

Copyright holders must evaluate “fair use” defense before sending DMCA take down notices   Bonus materials:  Click on the podcast icon above to hear an episode of “Vondran Legal Hour” where Attorney Steve explains this intellectual property law concept. Introduction In the ‘good ole’ days if you (as a copyright holder, ex. author, filmmaker, photographer, software

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How to respond to USPTO “office action letter”

Oct 13th, 2015 | By

Trademark Law Basics – Dealing with Denial! VIDEO: Click on the picture above to watch our trademark video.  Make sure to click on the RED “V” to subscribe to our business and real estate youtube channel!!  We are now over 2,000 subscribers and one of the fastest growing legal youtube channels!  Thank you all for

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Can I get a CFL license from DBO with prior criminal convictions?

Oct 3rd, 2015 | By
lawyer to respond to DBO statement of issues re criminal conviction

California DBO Statement of Issues Overview – Call us at (877) 276-5084! Introduction The California Department of Business Oversight oversees CFL licensing (California Finance Lender) and also California Residential Mortgage Lending.  For persons and companies seeking CFL licensing, some hurdles to licensing may be:  Making false statements on the application  Being previously disciplined by the

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Negligent Infliction of Emotional Distress Explained

Oct 3rd, 2015 | By
California tort lawyer

Negligent Infliction of Emotional Distress Explained (Direct Victim Case).  Essential Factual Elements a Plaintiff must prove. Introduction This blog discusses the tort or negligent infliction of emotional distress (“NIED”).  If you need legal help, please fill out the contact form below.  NIED is NOT an individual tort, but basically is just a form of negligence.

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BRE questions for Broker Escrow Audits

Sep 14th, 2015 | By
CalBRE broker escrow audits

Tips for handling DRE and BRE real estate audits Introduction This blog discusses some general questions that might come up if you are facing a Department of Real Estate (“DRE”) audit, or California Bureau of Real Estate (“BRE”) broker-escrow audit.  This is not an exclusive list and other questions may be asked.  These questions provide

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Vondran v. Competition – comparing BRE defense lawyers

Sep 10th, 2015 | By
dre defense lawyers

Facing a real estate subpoena, investigation, audit or accusation?  If you are deciding which BRE defense law firm to choose from this blog might help. Introduction This blog is posted as a consumer guide to share information that might help them make a tough decision on which lawyer or law form to hire for a

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How to attack a real estate association award on Due Process grounds

Sep 5th, 2015 | By
Realtor due process explained

How to succeed in making a “Due Process” procedural challenge to a real estate board arbitration or ethics hearing. Introduction Due process rules for real estate disputes involving Realtors are confusing.  I don’t even believe, respectfully, that the local board arbitration and ethics panels understand fully what “due process is.”  In fact, I was not

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Top 5 Tips to help you win your Realtor arbitration hearing in California

Aug 31st, 2015 | By
best Cal real estate ethics lawyers

Before you go into a Realtor arbitration hearing here are some key tips to know! Introduction Going into a real estate arbitration with your local Realtor association may seem like an easy task, but ask anyone who has been though it and you will often find this is simply not the case.  You will argue

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Sample California Mutual Release and Settlement Agreement

Aug 25th, 2015 | By
Free California legal pleadings

Arbitration, Mediation and Litigation Essentials Introduction This blog provides a general overview of what a typical settlement agreement in a case might look like.  To purchase a WORD document with all the terms and conditions set forth below, click on the Scribd document above. Bonus materials: Click on the picture above to watch Attorney Steve

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Duty to report criminal convictions under Cal. B&P 10186.2

Aug 20th, 2015 | By
Real Estate License Compliance convictions reporting

California Real Estate License Compliance Lawyers Introduction Under California law, when a real estate licensee (either a salesperson or broker) must report certain crimes to the California Bureau or Real Estate (“CalBRE”) or face license discipline such as revocation or suspension.  This blog discusses the duty to disclose criminal convictions, license discipline actions, and indictments

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Tips to help remove BRE real estate license restrictions

Aug 20th, 2015 | By
CalBRE lawyers san francisco

California BRE FAQ regarding removal of license restrictions Introduction Following an accusation made by the California Bureau of Real Estate (“CalBRE”) the case often gets settled with the broker (or sometimes a salesperson) settling the case with a “restricted license.” A restricted license basically means that the real estate licensee has handed over their “due

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California purchase and sale agreements and the duty to mediate!

Aug 16th, 2015 | By
C.A.R. mediation law firm

Real Estate Mediation & Arbitration (ADR) under the California PSAG Introduction When you get involved in a real estate dispute in California in a residential purchase or sale (either as the buyer or the seller) it is important to NOT FORGET the contractual duty to mediate any disputes that arise under the transaction.  This assumes

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Arizona financial exploitation of an elder explained

Aug 15th, 2015 | By
AZ elder abuse atty

Taking care of senior citizens: their property, their health, and their investments. Introduction The concept of Elder Abuse violations in Arizona can be tricky.  This blog sets forth some general legal principles that might help you in your case, whether a civil lawsuit, mediation, or arbitration.  For specific questions, please fill out our contact form

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New reasons to fight Realtor Code of Ethics violation allegations!

Aug 11th, 2015 | By
NAR code of ethics attorneys

Realtor Code of ethics violations can result in negative publicity and place your license in a false light! Introduction In case you haven’t heard, there is a new crackdown in ethics in the practice of real estate.  A California real estate license allows you to do many things, such as property management, residential sales and leasing,

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How to respond to California form interrogatories DISC-001

Aug 1st, 2015 | By
California litigation attorneys

Litigation Warrior Series – Discovery responses to form interrogatories Introduction After a lawsuit is filed in California, the parties are entitled to engage in “discovery.”  This is basically each parties opportunity to gather evidence to help them with their burden of proof in a case.  The six main types of discovery tools are: 1.  Form

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Microsoft CAL licensing explained

Jul 25th, 2015 | By
Lawyers for Microsoft and BSA softwrae audits

Software Audit Essentials – “CAL” license shortages! Introduction Microsoft software runs the world.  Many businesses both large and small rely on a wide variety of Microsoft software products to run their business.  One of the trending areas of software audit defense we see is the rise of calls from Clients who are being audited for

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Software Lawyer Resources & Self Study

Jul 25th, 2015 | By
Lawyers for Microsoft licensing audit

Steve Vondran, Esq – the Software Lawyer’s self study resources! Introduction In the “old days” you had to go to school for everything.  Get into a good college, spend tons of money if you wanted to learn a skill or a trade that you had a passion for.  In the modern age, you simply don’t

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Autodesk Compliance Lawyer FAQ

Jul 24th, 2015 | By
San Francisco Software Lawyers

Software Compliance Tips & Frequently Asked Questions for Autodesk! Introduction This blog is not specific legal advice and should not be relied on in making any decisions to move forward in your software audit case with Autodesk.  This blog will discuss some general legal areas of interest to business owners, engineers, architects, land surveyors, students and other

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Arizona IIED law explained

Jul 19th, 2015 | By
IIED AZ law explained

Intentional Infliction of Emotional Distress Law in Arizona – by statutes, common law or both? Introduction We have written other articles about the tort of intentional infliction of emotional distress (“IIED”).  But what is the law in Arizona in regard to IIED?  Arizona looks to both the restatement 2d of Torts, and to the common

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Burden of proof in computer software infringement cases

Jul 19th, 2015 | By
copyright defense attorneys

Software Compliance, Copyright Law & Burdens of Proof! Introduction When your company is involved in a software audit, you will need to document your usage of software on your networks, servers and computers, and provide proofs of purchase.  When it comes down to it, who has to proof to prove copyright compliance?  Is it the

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How was the “running of the bulls” scene shot in City Slickers?

Jul 18th, 2015 | By
San francisco Sports & Entertainment lawyer

Attorney Steve recalls his “3 seconds of fame” in Hollywood and explains how the Running of the Bulls scene was made!! If you click on the picture above you can watch the scene which was shot in Universal Studios.  My debut is running across at 1:55 of the video. My hollywood story – the “Running

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CalBRE Real Estate “Statement of Issues” defined

Jul 11th, 2015 | By
CalBRE Defense Attorneys

CalBRE Defense Law – What is a “Statement of Issues?” Introduction We have talked in other blogs on this website about suspension or denial of real estate licenses due to fraud, deceit, misrepresentation, or material misstatements of fact.  This is a serious issue.  As a real estate licensee, if the CalBRE finds out you lied

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Failure to disclose criminal convictions on real estate or insurance applications

Jul 10th, 2015 | By
California real estate licensing law firm

Professional licensing lawyers – Challenging honest mistakes in failure to disclose prior felony or misdemeanors! Introduction As a real estate licensing defense firm, we handle quite a few different types of licensing issues, from property management trust fund audits, to complaint and investigation response letters, accusations, and denial of real estate licenses.  This blog deals

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Witness and Mileage fees California non-party depositions

Jul 10th, 2015 | By
federal court witness fees

Litigation Warrior – how to respond to a deposition subpoena as a non-party Introduction Can a “non-party” to a lawsuit (ex. a federal copyright infringement, breach of contract of financial elder abuse lawsuit) be dragged into a lawsuit and forced to testify as a witness in a deposition?  The answer is YES, non-parties can be

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Use of Federal Rules of Evidence 408 in Software Compliance Audits

Jul 8th, 2015 | By
software compliance lawyers

Federal Rules of Evidence – FRE 408 Confidentiality in Software Audit Cases! Introduction When you get a letter from a major software manufacturer your stress level goes up.  You start thinking about all the time you put into building your company, and you think about whether or not there are unlicensed copies of software on your

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IBM software license audits overview

Jul 8th, 2015 | By
copyright infringement attorneys

Federal Copyright Litigation – IBM Software License Compliance Cases! Introduction Towns, Cities and businesses run on software and IBM software is a leading brand many companies trust and rely on to handle a wide variety of functions such as: Application infrastructure Business analytics City management eCommerce (B2B / B2C) Continuous engineering Databases Data warehousing Enterprise

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Is employer liable for employees copyright Infringement?

Jul 3rd, 2015 | By
Respondeat superior copyright law

Copyright Infringement Basics – Respondeat Superior Introduction Copyright infringement can be costly.  As a business owner, your primary objective is to enhance your profits in your business.  Getting hit with a federal lawsuit due to the actions of one of your employees defeats and works against you.  But under what circumstances can an employer be

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CalBRE regulation 2831 – Trust Fund Records to be Maintained

Jul 2nd, 2015 | By
fines and fees for statutory violations

CalBRE Compliance Issues for Property Managers Introduction California property managers need to be cognizant of the rules for trust fund accounting.  While they may seem relatively simple, there are strict requirements for compliance.  In the current regulatory environment, many property managers are being audited randomly.  Still others are being audited following a complaint to the

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Officer & Director Liability for Software Infringement?

Jul 2nd, 2015 | By
Copyright infringement lawyers

Software Compliance Legal Issues – D & O liability Introduction One question that often pops up in a SIIA or BSA software audit is whether the officers or directors of the company will be held liable for money damages, attorney fees, or even punitive damages if a company is found to have software licensing shortages

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Software infringement – is clickwrap enforceable?

Jun 30th, 2015 | By
BSA defense lawyers

 Software audit defenses – licensing agreement issues Introduction When you are in a software audit situation, the representative for the software company will usually get bullish and aggressive with you.  One think you will often hear them say is “you have to audit your entire network for all instances of software installs and report back.”

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What is the SIIA?

Jun 29th, 2015 | By
Intellectual property lawyers SIIA defense

Overview of SIIA software audits and copyright infringement allegations! What does the SIIA stand for? The SIIA stands for the Software & Information Industry Association.  The SIIA is a trade association for software companies (not a law enforcement agency as some business owners might think) and digital content industry and one of their goals is

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What are “enhanced remedies” under CA financial elder abuse law?

Jun 22nd, 2015 | By
What is ehnaced remedies under ca elder laws

California financial elder abuse series – enhanced remedies for reckless conduct! Introduction California’s elder abuse statutes is one of the best in the nation.  It is not perfect, but it is good and provides incentives to attorney to fight the unscrupulous acts of real estate agents, financial planners, life insurance agents, stock brokers, used car

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Sample Litigation hold letter – ESI

Jun 20th, 2015 | By
Duty to preserve evidence

Sample litigation hold letter & consequences for spoilation! Introduction When you are about to go into litigation, you want to consider sending a “litigation hold letter” to the opposing party or their attorney. This blog provides a little information on this topic and a sample letter to use. What is a “litigation hold letter” When you

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How to respond to a “motion to strike” in California

Jun 18th, 2015 | By
legal definitions motion to strike pleading

Litigation Warrior – Attacking the Pleadings with a Motion to Strike!!! Introduction This blog discusses what a “Motion to Strike” is under California state law, and how it plays out in litigation. What is a Motion to Strike? Under California law the Court may strike from a pleading any irrelevant, false or improper matter. See

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Social media tips for new lawyers

Jun 14th, 2015 | By
How to build a social media empire for attorneys

How to succeed as a new lawyer – Hang out your shingle!!! Introduction This blog provides some basic things that I think will help any new lawyer succeed after they pass they bar, and when they want to “hang out their own shingle” (which is the only real way to live anyway – building your

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Will the bureau of real estate remove criminal and other information from the public database?

Jun 13th, 2015 | By
BRE public records database removal

Reputation and Brand Management for Real Estate Professionals Breaking Real Estate News – 2016 Cal BRE updates.  California Governor signs AB 1807 that will allow you to remove negative information from the public records database.  Watch Attorney Steve explain in this video! VIDEO:  Make sure to SUBSCRIBE to our legal information channel for future legal

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What is an “adversary proceeding” in Bankruptcy Court?

Jun 13th, 2015 | By
How to file an adversary proceeding in a bankruptcy court

Litigation Warrior Series – Bankruptcy Adversary Proceedings (trying to wipe out “Willful Copyright Infringement” Claims and Software Piracy may be attacked in a BK court). CLICK HERE FOR CAN YOU WIPE OUT SOFTWARE PIRACY IN BANKRUPTCY COURT.  Introduction This blog discusses what an “adversary proceeding” is in bankruptcy Court and how this plays out in

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Can copyright infringement judgments be wiped out in bankruptcy?

Jun 13th, 2015 | By
Adversary proceeding lawyers

Intellectual Property – Discharge of Willful Copyright Infringement Claims in Bankruptcy Court Introduction Software licensing audit lawyers who handle BSA, SIIA and Autodesk audit cases, Bentley software, Corel, Rosetta Stone and other software copyright infringement cases will often use every high pressure technique known to the law to try to get a company or business

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Common defenses in a software licensing audit cases

Jun 11th, 2015 | By
Software license audit lawyers

Software Licensing Defenses in BSA, Microsoft, SIIA and Autodesk audits! Introduction What do you do when you get a legal demand letter from a law firm asking your company to audit all of your servers, networks, servers, and laptops and report back on what software programs you have on each, and to prove (with dated

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Defenses to raise in a BRE or DBO real estate accusation

Jun 10th, 2015 | By
Tips to defend your real estate license

Administrative Hearings Law in California Introduction When you receive a formal “accusation” served on you by the Cal DBO or CalBRE in regard to your real estate license, your stress level will go through the roof because everything you have worked for is on the line.  Your life, your passion, your career, your income.  When

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What is a CCP 998 offer and when should you use it in litigation?

May 31st, 2015 | By
Tips to settle my lawsuit or arbitatration

Litigation Warrior Series – the CCP 998 Offer to Compromise! Introduction When you are in litigation, it is usually the goal of most parties to try to settle it as quickly as possible (assuming they can achieve their objectives in the case).  This is because the costs, stress and uncertainty of litigation and possible public

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How an MLO license applicant can establish financial responsibility, character, and general fitness

May 26th, 2015 | By
Best lawyer for MLO license hearing

MLO mortgage licensing rights – California Mortgage Lending Lawyers Introduction You want to get your MLO lending endorsement, but the California Department of Business Oversight (DBO) or Bureau of Real Estate (“CalBRE”) sees it differently.  An accusation is filed an an administrative hearing is scheduled.  What will YOU have to PROVE (burden of proof) in

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Statutes of limitations and laches issues in administrative hearings

May 26th, 2015 | By
Accusation defense attorney

Unreasonable delay in filing of administrative charges or commencement of hearing Introduction Say you committed a crime twenty years ago (ex. theft, DUI, shoplifting, drunk in public, robbery, larceny, forgery, etc.) and 10 years after that you earned a real estate license (disclosing and explaining your prior convictions and showing that they were not substantially

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What happens at a real estate board arbitration commission dispute in California?

May 26th, 2015 | By
Realtor board arbitration attorney

California Real Estate Arbitration Hearings – Attorney Steve’s “Commission College” Introduction You feel you were the “procuring cause” on a deal and entitled to be earn a real estate commission.  The selling agent doesn’t see it that way and you want to file a complaint with your local board of realtors and get your commission.  What happens

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Writ of attachment process in California financial elder abuse cases

May 25th, 2015 | By
Tips to settle financial elder abuse cases CA

Financial Elder Abuse Lawyers – Writ of Attachment explained (watch the videos)     Bonus materials:  Click on the pictures above to watch our 2-part video series on how to obtain a writ of attachment in California financial elder abuse cases.  Make sure to SUBSCRIBE to our real estate law youtube channel by clicking on

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Does abandonment of a client terminate a real estate listing contract?

May 23rd, 2015 | By
Abandonment of exclusive listing agreements

California Broker Law – Terminating agency and breaking exclusive listing agreements through revocation, abandonment, or renunciation. Podcast:  Listen to Attorney Steve discuss abandonment of exclusive listing agreements on our real estate law podcast. Introduction This blog is about the real estate broker that gets a listing and fails to perform any services (prompting the seller to assume

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Why you should have a law firm serve as your DMCA Agent!

May 22nd, 2015 | By
Internet lawyer for DMCA agent

Copyright Infringement Attorney Service – DMCA Agent Introduction If your website allows any third party content to be posted on your website you need to think about having a DMCA agent registered for your business.  There are many benefits to having a law firm serve this function.  This blog discusses our DMCA agent service for

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5 questions to ask before you hire your next BRE defense attorney

May 21st, 2015 | By
real estate license lawyers

Real Estate Compliance, Licensing & Defense Lawyers Introduction Your real estate license is your “ticket to the show” and your means of earning a living for you and your family.  With everything riding on it the stakes could not be higher.  So when you are facing real estate issues that impact your business and your

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