Autodesk Audits explained by Attorney Steve®

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GENERAL OVERVIEW OF AUTODESK SOFTWARE LICENSING COMPLIANCE AUDITS

We have handled more software licensing audits with Autodesk than any other law firm in the United States, to the best of our knowledge. We have handled HUNDREDS of cases.

NOW YOUR COMPANY CAN GET BUSTED SIMPLY BY POSTING A JOB AD ON "INDEED".

1:13 Autodesk v. Instrument Control Services (N.D. Cal)

2:00 Officers and Directors can potentially be held liable for copyright infringement

2:45 Be careful you could become a defendant in a lawsuit

3:00 The need to have receipts (proofs of purchase)

4:15 willful intentional infringement explained

4:55 [17 U.S.C. 505]

5:19 Types of complaints alleged in lawsuits

5:40 DMCA (access control technology)

6:15 Injunction & remedies typically sought in a lawsuit

Attorney Steve® discusses a federal copyright infringement lawsuit dealing with Autodesk software. When a software licensing issue arises, one of the things that might happen f your case cannot be settled with a confidential settlement communication is a federal software copyright infringement case might be filed. This would become a public event for a company and could end up financially bankrupting the company.

In a federal copyright action, such as the Autodesk v. Instrument Control Services et al case (ND Cal.) 5:14-cv-03318 described in this video, you might see two or three different causes of action filed.

1. Unauthorized reproduction and use of copyrighted software under 17 U.S.C. 501 (direct infringement, contributory infringement);

2. Circumvention of copyright protection measures under 17 U.S.C. 1201(a) (violation of the DMCA);

3. Breach of contract (ex. violating the terms and conditions or exceeding the scope of the EULA license).

The Plaintiff in the case may also choose to sue an officer or director of the company PERSONALLY, as they did, in this case, being discussed in this video, by using the CFO (Chief Financial Officer Micheal LeBlanc) or other officers and directors including but not limited to the CEO, CIO, or CTO. These are things you need to consider in every copyright infringement case and show why it is so important to try to get a software audit resolved confidentially.

When a lawsuit is filed, some of the remedies you might see Plaintiff suing for are:

1. Injunction to stop the infringing use;

2. Attorney fees for willful, intentional, and malicious copyright infringement under 17 U.S.C. 505 and 17 U.S.C. 1203(b).

3. Actual or statutory damages, including possibility profits of Defendants attributable to the infringement under17 U.S.C.1203(c)

and

4 Destruction of the infringing copies under 17 U.S.C. 503(b).

To learn more about potential damages a company can face for software infringement go to www.CopyrightPenalties.com to see our video on this subject.

Autodesk audits can be very trying on your company. If you are faced with a letter demanding a "voluntary" self-audit, you should contact us to discuss your legal rights BEFORE you ever contact their lawyers or the lawyers for the BSA, of which Autodesk is a member. When you call their IP lawyers, they will be taking notes and may try to force you to make damaging statements that you cannot retract later. Believe me, these lawyers, (many times the firm of Donahue Fitzgerald), know their stuff and they know the copyright laws cold. It is important to have a legal representative on your side as they have lawyers fighting for you.

NO, it does not make you GUILTY to hire a lawyer and there are many things we can do to protect your interests including making sure the settlement discussions are protected by FRE 408 confidentiality, exploring potential defenses and mitigating factors to help you negate allegations of "willful" infringement (to try to reduce the infringement multiplier), and help you negotiate the best settlement terms possible under the circumstances.

Check out our web link above for more detailed information, podcasts, and videos at our Software law resource center. Very few firms can match us in experience dealing with Autodesk audits so call us for a free consultation at (877) 276-5048. We offer a free initial consultation and low flat rate fees for most non-litigation cases.

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Make sure to watch our 2019 Autodesk Audit Trends Update: https://www.linkedin.com/pulse/autodesk-2019-software-audit-trends-steve-vondran-esq-/ This is an advertisement and communication. This is not legal advice.

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