Intellectual Property | Copyright Infringement | Technology | Software


Dec 30th, 2016 | By | Category: Software Licensing Audits


copyright infringement defense attorney

  1.  Did you download and install any software which was not licensed (ex Microsoft, Autodesk, CNC Software, Vero, Siemens, Solidworks, etc??  If so, what did you download?
  1.  If so on what dates did you download?  Please least the dates of download, from the first, to the last.
  1. What product(s) were installed.  Please list all installed products and identify how many copies of each product were installed on your personal and business computers, laptops and servers?
  1.  Did you pay for any of the licenses?  If so, please send me any proof you have.  Typically the software publishers want dated proofs of purchase, paid invoices (not box tops, or product key codes)
  1.  If you did not install the software, who did (to the best of your knowledge)
  1. Was the software used to generate profits for your business?  If so, how much approximately?
  1.  What is your approximate gross annual income for the company?  If your company has a “financial hardship” please explain the nature.
  1.  How many employees?
  1.  Did you, or any other officer or director have knowledge of using unlicensed software at any time (please explain).
  1.  Did you receive software as a gift, or in exchange for services?
  1.  Did you buy software from an authorized reseller?  Did you buy refurbished software?  Software off eBay, Craigslist, or Bestbuy?  Do you have EOM receipts (where for example, Microsoft Windows, and Office may have come pre-installed)?
  1.  Were you contacted by any third party, for example the Software Compliance Group or copyright law firm to try to settle your case before a lawsuit was filed?  Please explain the interactions, if any.
  1.  Did you ever attempt to contact a re-seller after receiving notice of infringement, and attempt to negotiate the purchase of any software such as Revit, Autocad, Maya, Windows, Photoshop, Final Cut Pro, CNC Mastercam or other product?
  1.  Did you use any of the products you are alleged to be using?
  1.  What product(s) of Microsoft, Adobe, IBM, Autodesk, SAP, Oracle or other company at issue could you use (going forward) if a settlement can be reached?
  1.  If you believe someone else installed the software, please let me know who you think it might be (identify individual).  You may have legal rights for indemnification against that party.
  1.  Are you aware of a potential “informant” (someone disgruntled, ex. recently terminated) who may have reported your company for software piracy?
  1.  Are you currently using software from the software vendor (ex. CNC software)?  Or have you deleted it?
  1.  Are there any other relevant facts you want to make me aware of pertaining to your defense of the case?
  1.  Please preserve all relevant evidence in this case, do not destroy or delete any information, documents, or software that may relate to this case.

Also, please forward us any and all emails, letters, correspondence, text messages or other communications you sent or received to the software company and/or any of its representatives.

Thank you – ATTORNEY STEVE.  If you need help, call us at (877) 276-5084 or email me at the email address on the side bar of this website.

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We are a business and civil litigation firm with a focus on copyright infringement cases involving illegal movie downloads (torrent cases such as London Has Fallen, ME2 Productions and Malibu Media defense), software audits (ex. Microsoft audits, SPLA, Autodesk audit notification letter, Siemens PLM defense, SIIA, Adobe and Business Software Alliance defense) and other software vendors threatening piracy and infringement. We also handle cases involving internet law, anti-SLAPP, media law, right of publicity, trademarks & domain name infringement, and we have a niche practice area handling California BRE licensing disputes, accusations, subpoena response, statement of issues and investigations. We have offices in San Francisco, Beverly Hills, Newport Beach, San Diego & Phoenix, Arizona and accept federal copyright and trademark cases nationwide. All content on our website is general legal information only and not a substitute for legal advice, and should not be relied upon. Decisions to hire counsel should not be based on advertising alone. Blogs, videos and podcasts are authored by Steve Vondran, Esq. unless otherwise noted. We can be reached at (877) 276-5084.

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