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Are Software Audit Raids Legal in the United States?

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AttorneySteve

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The legal side of software raids

Are software companies legally allowed to conduct a software raid on your business if they have a suspicion that your company is using software that is pirated, or illegally downloaded from file sharing websites such as "bittorrent" or others, or that you are using counterfeit software, or using crack-codes to run software without paying for it, and without a legal license?  This podcast from Steve Vondran, Esq. will address this key legal issue in general terms.

As the podcast points out, normally you will have an Insider (often called the "informant") who may be motivated by revenge, a sense of fear for associating with copyright "pirates" or other reasons.  These informants can approach companies like the SIIA or the business software alliance and seek a reward for reporting privacy.  If the information is deemed credible (sometimes the secret informant may have taken a screenshot of the infringing conduct) a lawsuit could be filed (federal court is where copyright cases normally are filed), and an ex parte application for a "seizzure order" could be sought by the Plaintiff.  The judge will hold this to a high standard of review.  Listen to the podcast for more information. 

If you need help responding to a software audit letter, we can help as we have helped many other companies across the United States.  Call us at (877) 276-5084 to speak with a copyright lawyer now.

Resources

1.  Software Audit Resource Center

2.  Copyright Bully Resource Center

3.  The legal process of conducting a software raid

 

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