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Defending "unsophisticated" persons in Copyright Infringement cases

Posted by Steve Vondran | Oct 04, 2019

Copyright Defenses & Mitigating Factors in Photo infringement, Video, Software piracy, unauthorized Boxing Matches (UFC / Joe Hand) and other illegal download, file sharing or illegal broadcast cases.

Joe Hand defense lawyer



Our firm handles many different types of internet piracy cases whether it be individuals or companies accused of:

  • Using photos and images on a company website without a permission or license
  • Installing and/or using unlicensed software including software obtained through BitTorrent
  • Illegal downloading and sharing of adult pornographic movies such as those being sued in the Northern, Central and Southern District of California
  • Font infringement
  • Illegal broadcast at restaurants, bars and taverns of soccer or boxing matches (Joe Hand, G&G Closed Circuit, J&J Sports)

Many of my clients are new to this country or minorities who have limited knowledge of the laws of the United States (let's face it, even 20 year lawyers need to look up the law).  They may have no advanced education beyond high school, yet many are very good people, and very hard working honest people.  However, when a copyright troll gets these people in the crosshairs and have a chance to make money for themselves and their clients, they can turn very aggressive and ignore the fact that the law may consider their educational and sophistication status as a mitigating factor in a copyright infringement case.

The opportunity for financial mitigation in an infringement or piracy case was established in the D.C. Comics vs. Mini Mart case:

“Plaintiffs' own evidence also established that the defendants were unsophisticated merchants. The level of sophistication of the defendant in business is an entirely proper means of determining whether or not his infringement was innocent. See Warner, 877 F.2d at 1126 (court "may take into account the attitude and conduct of the parties).”

This is something every defense counsel should consider in taking on large companies and artists and their IP lawyers who use the threat of a lawsuit as a club to seek to extract large settlements.  Making an 998 Offer at a lower amount may be a tool to look at in each case.

Contact a Copyright Infringement Defense Law Firm

We can help you explore you potential defenses and mitigating factors in your case.  Whether you received a demand letter from Strike 3 Holdings, LLC or a software audit demand letter from Business Software Alliance or Autodesk, or a photo infringement legal demand letter.  We have experience in the infringement "trenches" and can help you review you case.  Call us at (877) 276-5084.

About the Author

Steve Vondran

Thank you for viewing our blogs, videos and podcasts. As noted, all information on this website is Attorney Advertising. Decisions to hire an attorney should never be based on advertising alone. Any past results discussed herein do not guarantee or predict any future results. All blogs are written by Steve Vondran, Esq. unless otherwise indicated. Our firm handles a wide variety of intellectual property and entertainment law cases from music and video law, Youtube disputes, DMCA litigation, copyright infringement cases involving software licensing disputes (ex. BSA, SIIA, Siemens, Autodesk, Vero, CNC, VB Conversion and others), torrent internet file-sharing (Strike 3 and Malibu Media), California right of publicity, TV Signal Piracy, and many other types of IP, piracy, technology, and social media disputes. Call us at (877) 276-5084. AZ Bar Lic. #025911 CA. Bar Lic. #232337

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