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The True Cost of Defending Against Copyright Infringement Litigation -Interesting read to consider when choosing settlement v. litigation

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The True Cost of Defending Against Copyright Infringement Litigation Software publishers and entities like the BSA| The Software Alliance and the SIIA regularly audit companies to investigate copyright infringement claims. These entities seek monetary penalties if any infringement is discovered, and in the majority of cases, reach an out of court settlement for an agreed upon sum.\ Sometimes, settlement negotiations break down and one or both parties resort to pursuing claims in court. In many instances, the auditing entity will pursue litigation if it believes that the audit target is refusing to participate in the audit process or is unwilling to reach an amicable resolution. In other instances, a company may choose to fight any potential copyright infringement claims in court rather than participate in an arbitrary auditing process defined by the publisher or auditing entity. There are a few key costs to consider when determining how to defend against software ...

Court upholds Autodesk’s right to audit its licensee to prevent Piracy

The license compliance endeavor by Autodesk post audit at BMM Ispat Limited (BMM), a Bangalore based company resulted in strong reaction in the form of lawsuit against Autodesk India Private Limited (Autodesk) before the Additional City Civil Judge, Bangalore. BMM sought to restrain Autodesk from interfering with the business activities of BMM. The court dismissed the interim injunction application filed by BMM and concluded that Autodesk possesses enforceable audit rights in their software license agreement and, being a reputed company, the question of interference by them does not arise. The court  permitted Autodesk officials to inspect  the premises of BMM to verify/ audit the use of its software. Facts of the case In December 2007 and March 2013, BMM purchased a total of 5 Auto CAD software’s/applications whereupon a Software License Agreement (SLA) was signed between Autodesk Inc. (parent company of Autodesk) and BMM. As per SLA generated at the time of installat...