Litigating Copyright Infringement Claims

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Software copyright infringement litigation, frequently software anti-piracy claims, involve disputes between software publishers and their end-user customers. Suits by one software publisher against another over trade secrets and copyright ownership generally involve competing works. However, “competing works litigation” typically requires substantially more effort from the parties and the tribunal than anti-piracy software disputes. In these cases, the developer or owner of one program complains that a different product created or distributed by the defendant consists, in whole or in part, of the work in which the plaintiff holds the copyright. These cases on average involve significantly higher stakes than other software copyright disputes. The legal analyses and factual development in such matters can approach the level of complexity usually associated with patent disputes, and, indeed, many of the judicial frameworks regarding infringement analysis are similar to patent jurisprudence.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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