Intellectual Property | Real Estate | Technology | Software
autodesk bsa adobe licensing

Software Licensing Audits

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

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

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Copyright Litigation

image copyright lawyer

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

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

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Copyright lawyer Live Person web software

“Live Face on Web” Lawsuits

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

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California fashion attorney

Star Fabrics Lawsuits being filed in California Central District Court

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

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copyright defense lawyer

Joanne Fabric Lawsuits filed in Central District of California

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

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extortion letters

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

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

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streaming TV piracy defense

Dish Network v. ZemTV

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

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how to settle a software license review

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

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

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music infringement lawyer

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

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

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visual rights of artist under Copyright law

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

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

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facebook copyright attorney

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

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

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prohibiting photos at concert or theater

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

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

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design plans copyright

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

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

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autodesk audit atty

Reserving the right to sue the informant in BSA software settlements

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

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photo infringement lawyer

How to handle a photography infringement demand letter

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

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COPYRIGHT FAIR USE DEFENSE

Fair Use Disclaimer for Youtube channel

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

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copyright photo attorney

Artist Defense Photo Copyright overview

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

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photo infringement law firm

Photo Infringement Lawsuit hits Trump Organization

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

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streaming video atty

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

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

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Photo copyright attorney

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

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

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MPAA infringement notice

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

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

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got letter from autodesk

Autodesk files copyright infringement lawsuit in federal court in Texas

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

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Stella and ot demand letter

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

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

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DMCA software infringement attorney

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

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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Can you copyright a cheer outfit

U.S. Supreme Court Says Cheerleader Uniforms Copyrightable

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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dance compilation lawyer

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

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

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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Harry Houdini Copyright Story

Harry Houdini copyright trick!

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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Dash poem infringement atty

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

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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streaming video lawyer

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

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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Attorney for Photography infringement

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

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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La Gem Milord Associates

L.A. Gem & Jewelry Design Copyright Lawsuits

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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Third party liability in software copyright cases

What is “Inducement” of Copyright Infringement?

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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liability for employees piracy

Vicarious Copyright Infringement Explained

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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What is Contributory Copyright Infringement?

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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copyright DMCA bad faith lawyer

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

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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1201 DMCA litigation attorney

VBConversions, LLC copyright infringement lawsuits overview

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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anti-circumvention litigation DMCA

Hitek copyright infringement lawsuits overview

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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512(h) DMCA subpoena notice

DMCA subpoena under 512(h) – infringers beware!

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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Defendant wins copyright attorney fees

Copyright ‘non-infringement’ Attorney Fees for prevailing Defendants

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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body art infringement attorney

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

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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3 YEAR STATUTE OF LIMITATIONS SOFTWARE PIRACY

Statute of limitations for copyright infringement action is THREE YEARS

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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dishonest employee liability

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

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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Software infringement lawyer

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

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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IP law firm for software infringement letter

Siemens Software Lawsuits Update

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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youtube facebood video take down attorney

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

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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software defense atty

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

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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DMCA ISP Lawyer

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

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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Bittorrent Defense Lawyer

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

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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eBay software law

SIIA software auction piracy cases

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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CNC software license attorney

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

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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Youtube copyright legal issues

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

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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Lawyer for DMCA bully case

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

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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Movie piracy lawyer

What is the Copyright Enforcement Group (CEG)?

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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Best DMCA lawyer

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

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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Copyright infringement lawyer

Legal risks of buying and selling software products online

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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Copyright bully defense

The copyright bully and extortion practices with “confidentiality” clauses

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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cease and desist attorney

Should I respond to a copyright cease and desist letter?

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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P2P copyright infringement lawyer

Fathers & Daughters Nevada, LLC – Arizona illegal download 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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copyright litigation attorney

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

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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Best copyright lawyer

Sample Answer and Affirmative Defenses to Copyright Infringement Lawsuit

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

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?

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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BSA software defense lawyer

What is “innocent” copyright infringement?

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 337 lawyers

ITC Section 337 Investigations and international copyright infringement claims

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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intellectual property attorney

Filing or responding to Etsy intellectual property complaints

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?

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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17 USC 506 criminal copyright laws

when does copyright software infringement become a crime?

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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Injunctions in copyright infringement

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

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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Lawyers for Microsoft licensing audit

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

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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Respondeat superior copyright law

Is employer liable for employees copyright Infringement?

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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Copyright infringement lawyers

Officer & Director Liability for Software Infringement?

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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Adversary proceeding lawyers

Can copyright infringement judgments be wiped out in bankruptcy?

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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Internet lawyer for DMCA agent

Why you should have a law firm serve as your 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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Copyright lawyers for Software code

How to copyright protect your software code or “computer programs”

Intellectual property law for software developers Introduction So you have developed the next great software for personal or business computing, entertainment, bio-med, or some other type of web-based software (SaS).  Obviously, if you are serious about your business, you will want to protect this software with federal copyright registration, or in some instances, trade secret

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criminal copyright infringement

Criminal Copyright Statutes Explained

Overview of Federal Copyright Law Crimes Introduction If you are charged with a federal copyright crime, you need solid legal representation.  Below is a general overview of federal copyright civil and criminal statutes that you could be charged with.  If you have any questions, please contact us at the number below or fill out the

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Copyright infringement lawyers book

Help someone has copyright infringed my book or eBook!

Copyright Litigation – Infringement vs. Transformative Use! Introduction So say you have written an amazing book or eBook.  You give it to one of your friends to review or edit, and then one of their kids picks up the book, likes it, and basically steals most of the content but also tries to make it

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Copyright Defense Lawyers

Can officers and directors be held liable for software infringement?

Personal civil & criminal liability in copyright software infringement cases  Introduction What happens if a company is guilty of intentional, willful and malicious copyright infringement?  Obviously the company can be sued in federal court and if illegal copying or pirated software is found a judgment can be entered.  But companies can just file for bankruptcy

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Profits of defendant in copyright infringement cases

Can you recover Defendant’s profits in copyright infringement lawsuit?

Copyright Litigation [Damages & Remedies – Plaintiff’s Lost Profits due to infringing uses of software, games and other digital content] Introduction A question we got recently is from a photographer who found his pictures being used on the product packaging of another company.  He asked whether or not he could seek the “profits made by

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defenses to copyright infringement one satisfaction rule

Copyright “one satisfaction rule” explained

Copyright Litigation Basics – Affirmative Defenses to Infringement Introduction BitTorrent mass copyright lawsuits continue to make front page news.  Companies like Malibu Media are responsible for many of the copyright infringement lawsuits being filed in the Federal Courts in the United States.  The lawsuits claim that copyright adult pornography has been illegally downloaded on social

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Misuse defense under fed copyright law explained

The Copyright “Misuse” Defense explained

Federal Copyright Law – Infringement Defenses Introduction When you are a Plaintiff suing for federal copyright infringement or a DMCA violation, or a Defendant seeking to defend against such a claim, one of the issues that might come up is the “Copyright Misuse Defense.”  This blog post hopes to explain this topic and define some

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Potential damages in copyright piracy case

Calculating damages and remedies in a copyright infringement case

Legal risks of a Copyright lawsuit – Remedies a Plaintiff may seek against an alleged infringer or software pirate! Click on the picture above to watch Attorney Steve discuss federal copyright damages.  Click on the Red “V” to subscribe to our litigation channel for FREE legal updates! Introduction This blog discusses what “remedies” a Plaintiff might

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DMCA copyright lawyers Phoenix, AZ

DMCA Illegal circumvention of access control technology defined

Copyright Infringement claims – Anti-circumvention provision of DMCA.  WE TAKE DMCA LITIGATION CASES NATIONWIDE! Introduction If you are sued for federal copyright infringement, another related claim that may be brought (for example following a BSA or SIIA software licensing audit) is a claim for illegal circumvention of access controlled technology.  This blog helps define this

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Malibu Media affirmative defenses to copyright infringement lawsuit

Affirmative defenses to a Malibu media pornography copyright lawsuit

Copyright Infringement Law – Malibu Media Affirmative Defenses to Copyright Infringement (Adult porn movies), case review. Introduction There is an increase, at least in my opinion as an intellectual property lawyer, in copyright holders seeking to enforce their federally registered copyrights in federal court, and through legal demand letters seeking large settlements.  We have dealt with

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porno and movie infringement lawyer

What to do if you receive an internet porn demand letter

Copyright Troll 101 – Receiving a Porn Demand Letter JUMP TO VONDRAN LEGAL HOUR PODCAST ON COPYRIGHT INFRINGEMENT IN ADULT VIDEOS Introduction We have talked so many times about the digital jungle, cyber-risk and copyright trolls.  This blog derives from the Copyright Troll variety, or should we say the dark side of the internet.  What happens

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federal copyright lawyer phoenix arizona

Willful copyright infringement defined

What is the definition of “willful copyright infringement” under the Federal Copyright Laws? JUMP TO VONDRAN LEGAL HOUR PODCAST EXPLAINING DEFINITION OF WILLFUL COPYRIGHT INFRINGEMENT Introduction Whenever a company is faced with a legal demand letter (or an individual for that matter) dealing with the subject matter of federal copyright infringement due to having infringing

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copyright infringement law firm

What is the Digital Millennium Copyright Act?

 Digital Millenium Copyright Act (DMCA Overview) Sample DMCA takedown letter and right of publicity to Facebook PDF Introduction The DMCA is a law that basically allows a copyright holder to send a “take-down” notice to an online service provider or web host (such as eBay, or Facebook, or Youtube, Google, Pinterest) and force them to

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software license audit bsa autodesk copyrights

Vernor v. Autodesk copyright case brief [First Sale Doctrine in Software cases]

Autodesk software federal copyright infringement case brief – reselling software online! JUMP TO THE VERNON V. AUTODESK PODCAST Introduction This is a BIG case that discusses whether or not you can get in trouble for online copyright infringement by selling licensed software online. As you will read, yes you can.  If you “owned” the software

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defenses against copyright infringement

Common copyright infringement defenses (I have a license)

Our law firm helps individuals and companies fight against claims, charges and allegations of federal copyright infringement.  Federal copyright law is a very powerful law for copyright holders, and lawsuits involving infringement can be some of the most damaging allegations made against you or your brand which your opponent will try to paint as a

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Right of Publicity

Cal Civ Code 3344.1 attorney

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

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

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LA media and publicity attorney

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

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

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LOS ANGELES ENTERTAINMENT ATTORNEY

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

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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LA lawyer publicity law

Right of Publicity Sample Demurrer Language

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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LA publicity attorney

California right of publicity and punitive damages

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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Right of Publicity Attorney

Real Estate Reality TV, listing videos and the right of publicity

Real Estate Social Media Series – Reality Shows, Listing Videos, Firm Commercials & Open House Videos. Introduction As the world becomes more innovative, and real estate companies enter “the real world” as far as marketing and advertising is concerned, and given the growth of digital video technology even a small real estate company can now

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LA right of publicity attorneys

What to do when a Defendant violates your right of publicity?

Digital dispute series – Unauthorized commercial use of image and identity – California right of publicity and celebrity endorsement cases Introduction Every person has the right to control the commercial use of their identity 9name, image, voice, likeness etc.).  This has sometimes been called “personality rights” and to prevent the invasion of privacy which results

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Celebrity rights lawyer

Does Arizona have a right of publicity law?

Does Arizona recognize a “Right of Publicity.” Attorney Steve Vondran chimes in on this important intellectual property law topic.  Many states, like California, have a statutory right of publicity that protects all persons and their name, image, and likeness, and gives to each person a right to control the commercial exploitation of their identity (or

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Software Licensing Audits

autodesk bsa adobe licensing

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

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

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BSA software audit law firm

What is Microsoft Certificate of Authenticity?

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

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on site software license audit

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

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

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Autocad piracy lawyer

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

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

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best BSA lawyer

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

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

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employee software policy

Software use and installation policy for employees, agents and contractors

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

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software defense law firm

Does Solidworks file lawsuits for copyright infringement?

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

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SOFTWARE AUDIT LAWYER

Informatica License Management Services (“LMS”) Software Audits

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

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Software insurance coverage attorney

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

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

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pirating software lawyer

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

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

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Timble software compliance defense attorney

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

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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Microsoft BSA audit atty

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

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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software license lawyer

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

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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Software OEM proof of purchase

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

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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copyright infringement defense attorney

SOFTWARE INFRINGEMENT QUESTIONNAIRE

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

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software piracy defense law firm

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

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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EULA software audit law firm

Can you use Windows 7 Home Premium for Commercial Use?

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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best software troll defense law firm

Characteristics of a software troll

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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BSA defense atty

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

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

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copyright statute of limitations in software audits

Microsoft “crash reports” and the copyright statute of limitations

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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software audit bad faith insurance

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

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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Penalties for unlicensed software BSA

Sample monetary demand letter from the business software alliance

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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audit letter from software compliance group

Software Compliance Group, your partner for business success?

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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Microfocus Software Audit

Attachmate [Micro Focus International] software audit letter overview

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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software infringement piracy atty

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

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

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software atty audit leter

Seeking idemnification or contribution from the informant who installs unlicensed software

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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commercial use of student internet software

BUSTED for using Autocad STUDENT software for commercial purposes!

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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Autodesk audit information

Overview of common Autodesk software products

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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The Software Audit Lawyer

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

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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Craiglist eBay software infringement

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

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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Best IP attorney SF

What is the Canadian Alliance Against Software Theft?

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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Attorney SIIA

How to stand firm against an SIIA lawyer

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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microsoft audit attorney

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

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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illegal software dowloads

Ostensible agency in software infringement cases dealing with resellers

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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EXTORTION LAWYER

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

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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Reseller liability for software infringement

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

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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Autodesk and BSA compliance

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

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

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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copyright criminal lawyer

What your business needs to know about software raids

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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copyright defense lawyer

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

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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software compliance attorney

Tips to help complete a software audit excel worksheet

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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BSA software compliance lawyer

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

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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SAM compliance lawyer

Microsoft Audit Tips – SAM License Verification Process

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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Bad faith insurance law IP coverage

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

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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attorney for software EULA

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

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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How to settle a software audit

Sample software settlements by Vondran Legal

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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BSA confidential settlement

Will my BSA software settlement be kept confidential?

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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BSA settlement agreements

The role of the Software Code of Ethics in software 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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BSA defined

What is the Business Software Alliance?

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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Software audit attorneys BSA defense

Suing the “secret informant” in software audit cases

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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Copyright Litigation

image copyright lawyer

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

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

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Copyright lawyer Live Person web software

“Live Face on Web” Lawsuits

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

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California fashion attorney

Star Fabrics Lawsuits being filed in California Central District Court

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

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copyright defense lawyer

Joanne Fabric Lawsuits filed in Central District of California

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

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extortion letters

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

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

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streaming TV piracy defense

Dish Network v. ZemTV

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

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how to settle a software license review

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

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

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music infringement lawyer

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

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

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visual rights of artist under Copyright law

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

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

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facebook copyright attorney

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

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

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prohibiting photos at concert or theater

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

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

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design plans copyright

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

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

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autodesk audit atty

Reserving the right to sue the informant in BSA software settlements

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

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photo infringement lawyer

How to handle a photography infringement demand letter

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

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COPYRIGHT FAIR USE DEFENSE

Fair Use Disclaimer for Youtube channel

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

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copyright photo attorney

Artist Defense Photo Copyright overview

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

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photo infringement law firm

Photo Infringement Lawsuit hits Trump Organization

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

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streaming video atty

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

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

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Photo copyright attorney

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

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

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MPAA infringement notice

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

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

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got letter from autodesk

Autodesk files copyright infringement lawsuit in federal court in Texas

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

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Stella and ot demand letter

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

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

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DMCA software infringement attorney

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

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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Can you copyright a cheer outfit

U.S. Supreme Court Says Cheerleader Uniforms Copyrightable

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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dance compilation lawyer

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

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

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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Harry Houdini Copyright Story

Harry Houdini copyright trick!

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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Dash poem infringement atty

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

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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streaming video lawyer

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

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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Attorney for Photography infringement

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

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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La Gem Milord Associates

L.A. Gem & Jewelry Design Copyright Lawsuits

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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Third party liability in software copyright cases

What is “Inducement” of Copyright Infringement?

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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liability for employees piracy

Vicarious Copyright Infringement Explained

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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What is Contributory Copyright Infringement?

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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copyright DMCA bad faith lawyer

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

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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1201 DMCA litigation attorney

VBConversions, LLC copyright infringement lawsuits overview

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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anti-circumvention litigation DMCA

Hitek copyright infringement lawsuits overview

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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512(h) DMCA subpoena notice

DMCA subpoena under 512(h) – infringers beware!

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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Defendant wins copyright attorney fees

Copyright ‘non-infringement’ Attorney Fees for prevailing Defendants

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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body art infringement attorney

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

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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3 YEAR STATUTE OF LIMITATIONS SOFTWARE PIRACY

Statute of limitations for copyright infringement action is THREE YEARS

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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dishonest employee liability

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

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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Software infringement lawyer

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

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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IP law firm for software infringement letter

Siemens Software Lawsuits Update

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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youtube facebood video take down attorney

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

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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software defense atty

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

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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DMCA ISP Lawyer

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

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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Bittorrent Defense Lawyer

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

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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eBay software law

SIIA software auction piracy cases

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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CNC software license attorney

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

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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Trademark Litigation

trademark declaratory judgement lawsuit

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

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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Sample response to USPTO “office action letter”

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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How to respond to USPTO “office action letter”

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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AZ trademark litigation, USPTO, TTAB, UDRP

Help, my AZ business is being threatened with trademark litigation

This blog discusses Arizona trademarks law under A.R.S. 44-1441.  What do you do when you have a state registered trademark but get sued for violating another companies federal trademark?  First thing you do is retain trademark counsel.  Does Arizona have a state trademark law? Yes.  If you plan to operate only in Arizona (which is probably

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federal trademark on nickname

Can you trademark your sports nickname?

Right of Publicity & Trademark Law Firm – We can help protect and enforce your IP Rights!   Introduction Here is an intellectual property question that comes up every now and again – CAN I GET A TRADEMARK ON MY SPORTS NICKNAME or on a famous sports phrase I heard on TV like “Tebowing” or

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Internet Law

copyright lawyer DMCA

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

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

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Twitter infringement attorney

16 ways you can get sued using twitter

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

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

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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Cal defamation lawyers

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

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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terms of use for software plugin

Copyright violation by using wordpress plugins on multiple domains

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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California tort lawyer

Negligent Infliction of Emotional Distress Explained

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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Attorney Steve's social media law course

Attorney Steve’s social media law online class

Social media marketing & internet law class Introduction There is no business or industry immune from the effects and opportunities of social media marketing. But there are not enough law professors teaching social media or digital marketing law.  Attorney Steve is looking to change all that.  We are proposing offering the following social media and

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intentional infliction of emotional distress tort

Legal Definition of Intentional Infliction of Emotional Distress (IIED)

Attorney Steve Legal Definitions – the TORT of Intentional Infliction of Emotional Distress (IIED).  If you have suffered severe emotional distress due to internet related activities call to discuss with a California Internet Attorney.  You may be entitled to recover significant monetary damages. Introduction There is one TORT every bar student can expect to see

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Internet privacy illegal recording and filming attorney

Unlawful photography and illegal filming law Arizona

A.R.S. 13-3019. Surreptitious photographing, videotaping, filming or digitally recording or viewing; exemptions; classification; definitions. If you have been filmed, taped, or photographed without your consent you may be entitled to monetary damages! Introduction – Digital Pranks can backfire legally! In today’s digitally connected internet world, you have to teach your kids to be careful what they

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Reputation and brand protection law firm california

How to legally protect your company against bad reviews on Google

Internet defamation, right of publicity, publication of private facts and unfair competition law.  We can help protect your company and brand from maniacs on the internet! Introduction As a business professional you work like the Dickens to build your brand.  In a digital age, all it takes is ONE KNUCKLEHEAD to make your life miserable

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eBay bidding fraud & online liability legal issues

eBay litigation fraud – ZipCounsel Cease & Desist Letters, Internet Litigation Firm  Introduction Have you ever found an item you wanted to purchase on eBay and started bidding on it.  Then, you get other notifications telling you someone else has outbid you.  Then, when an other buyer has officially outbid your highest bid (for example by

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lawsuit liability for parents due to kids facebook bullying

Can parents be held liable for their kids facebook posts?

Social Media & Internet Law Firm.  Feel free to share this content on your social media blogs. WARNING:  THIS LEGAL POST CONTAINS GRAPHIC CONTENT NOT SUITABLE FOR ALL AGES. Jump to our podcast on Internet Liability to Parents for Facebook Posting Introduction Do you know what your kids are doing online?  Of course you do.  Or

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best az personal injury lawyer

How we fight for every dime in seeking legal recoveries!

In every case (whether internet defamation, invasion of privacy, cybertorts, social media account takeover/impersonation, revenge porn) we will fight for your interests and seek to recover everything your case is worth.  As we like to say, “we fight for every last dime” in all of our litigation cases.  What your case is worth depends upon

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Domain Name Disputes

Domain dispute lawyer

Sample UDRP domain disputes in the Software context

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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Partition decree for real estate

Partition actions for co-owners of domain names?

Attorney Steve internet law essentials – What is a partition action and can you do it for domain names? Introduction What happens when an elderly husband and wife own a home together (and each is on title) and the wife is tired of walking up two flights of stairs to get to her bedroom, and the

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UDRP domain name lawyer

Don’t buy domain names without escrow

Buying and selling a domain name is just like buying and selling a piece of land.  You want to make sure you are paying fair market value for the domain, and you should be using an escrow, preferably an attorney escrow. Introduction Here’s a situation that popped up last week.  A guy had a domain

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Entertainment Law

MUSIC LAWYER – Free legal representation possibility

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

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Podcast lawyer

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

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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Social media flash mob attorney

Legal risks of a flash mob!

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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music lawyer arizona

Arizona Music Lawyer can help you with your contracts!

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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San francisco Sports & Entertainment lawyer

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

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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Parody attorneys cease and desist

Will the parody defense save me from infringement?

Overview of the parody defense in Intellectual Property litigation Introduction Parody is basically making a new work of art by commenting and criticizing another work of art.  For example, you may hear a song that really bugs you.  And you might decide “I want to make a parody song of that song.” So you write

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az sports attorney personal injuries on field

What is a sport tort?

Our law firm is a leader in civil litigation cases.  We have filed and defended a large number of state and federal lawsuits.  This blog post deals with “sports torts.” What is a Sports Tort? A “tort” is a civil injury committed by one person against another.  In the context of sports law, this refers

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Bittorrent Defense

ISP copyright notice

WWE Studios Finance Corp “Eliminator” lawsuits

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

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

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

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Where you “SNATCHED” by a copyright infringement notice?

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

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deleting torrent movie file

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

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

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torrent defenders

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

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

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

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

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Malibu Media and Flava Works Porn Defense Atty

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

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

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ME2 torrent lawsuit

Mechanic Resurrection Torrent

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

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

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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Adult porn copyright lawyer

Malibu Media Lawsuit Updates – Defendant wins!

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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List of Copyrighted Malibu Media videos

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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Torrent subpoena ISP Cox Comcast

Motion to Quash and Court Response in Torrent Illegal Download Case

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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file sharing law firm defense

Digital Forensics Companies you may encounter in Bittorent lawsuit

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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Best Torrent Defense Law Firm

Septembers of Shiraz lawsuits, what you need to know

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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Torrent defense attorney

Mr. Church Illegal Movie Download Lawsuits

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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Torrent Defenes

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

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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Settlement tips malibu media

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

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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P2P file sharing attorney

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

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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Cobbler subpoena attorney

Oregon court recommends Attorney Fees in Cobbler Nevada Torrent case

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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internet defense lawyer

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

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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TORRENT DOWNLOAD LAWYER

Criminal Productions Inc. Torrent lawsuits for illegal movie file sharing

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 ISP subpoena notice

Mechanic Resurrection torrent download movie infringement lawyer

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

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Malibu Media Northern District Court filings

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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torrent defense atty

Challenging the period of infringement in torrent illegal swarm download cases

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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Streaming Video Lawyer

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

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

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SD malibu media atty

San Diego Copyright Torrent Defense Law Firm for Malibu Media cases

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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