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 infr...
California Podcast Attorney – Basic overview of the legal side of Podcasting 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 na...
Internet & Free Speech Cutting Edge Legal Issues [The SLAPP Suits & Motions] Introduction – Case hypothetical I am going to try to make this blog easy to understand by starting right off with a case example. Okay, let's say your company sells SOFTWARE and you a technology company headquart...
Software Infringement Defense Law Firm – We handle BSA audits involving CNC Mastercam products and Federal Court lawsuits alleging piracy or unlicensed installations. Copyright Watchdog 2018 Alert – CNC has filed another lawsuits in California (9th Circuit) through its copyright counsel Milord...
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 ...
False and Misleading Advertising under Federal “Unfair Competition” Law (Lanham Act) Introduction Here is a blog discussing the Federal Lanham Act and how it creates a cause of action for false and misleading advertising (and also false association) by competitors. Companies should be care...
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 thi...
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,...
Copyright Law Essentials – Understanding who CEG is. RESOURCE: Go to our . 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-...
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 pr...
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....
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 ...
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. ...
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. Introduct...
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 genera...
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 deman...
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...
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 ...
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...
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 ...
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 al...
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...
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,...
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 ther...
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 creativ...
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