What is the legal test for software infringement?

Software Law Essentials - Understanding the Legal test for Infirngement

In this episode of Vondran Legal Hour, Attorney Steve provides general infromation regarding the legal test for software infirngement.  Basically, in software audit cases, the Plaintiff (or should be say the auditing company that sent you an audit demand letter - ex SIIA, Autodesk or BSA), must show:

1.  Valid and current copyright registration in its product 

and

2. Unauthorized "copying" of their software (meaning installation on one or more computers, laptops, and/or servers.

If they can do this, the burden shifts to the defendant to show they have a license (affirmative defense), by showing proof of purchase, or other valid right to use the software (ex. Microsoft gave away free copies of the software at a trade show for example).

This is basically the legal test for infringement in a nutshell. Of course, there are other defenses to copyright infirngement.

If you need help call us.  We have helped small and medium sized businesses nationwide in software compliance disputes.

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