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ATTORNEY STEVE® BLOG

IS YOUR SOFTWARE VENDOR ILLEGALLY SNOOPING OR WIRETAPPING YOUR NETWORK TO TRY TO
GET PIRACY EVIDENCE? FIGHT BACK

Posted by Steve Vondran | Aug 02, 2018 | 0 Comments

ATTORNEY STEVE® SOFTWARE PIRACY DEFENSES – ILLEGAL “WIRETAPPING” UNDER
CALIFORNIA LAW (CHECK THE STATE LAWS IN YOUR JURISDICTION).

INTRODUCTION

So here's the situation. You purchase (or illegally download a software product
over the internet) and while installing the software there may be a little box
that you have to check saying “I agree” before you can proceed with the
installation. The “I agree” is usually linked to an End Use License Agreement
(“EULA”) that explains the terms and conditions of use. In some cases, it may
also state that your company will be monitored by special “monitoring
technology” that will allow the software vendor to determine if you are
over-using or over-installing software licenses. I have seen some situations
where this is clearly disclosed and other situations where its not very clear at
all what's going on or what's going to happen. Then, one day you get a legal
demand letter from a copyright infringement law firm accusing you of
infringement of their intellectual property and potentially demanding thousands,
if not hundreds of thousands of dollars. Yes, we see this situation fairly
often.

The question or issue this blog explores is if their snooping on the client's
corporate network is not CLEARLY AND CONSPICUOUSLY DISCLOSED IN THE EULA, can
this constitute an ILLEGAL WIRETAP? And if so, what are the potential penalties
and ramifications of that?

CALIFORNIA LAW ON ILLEGAL WIRETAPPING

Under California Penal Code section 631:

(a) Any person who, by means of any machine, instrument, or contrivance, or in
any other manner,

intentionally taps, or makes any unauthorized connection,

whether physically, electrically, acoustically, inductively, or otherwise,

with any telegraph or telephone wire, line, cable, or instrument, including the
wire, line, cable, or instrument of any internal telephonic communication
system,

or who willfully and without the consent of all parties to the communication, or
in any unauthorized manner,

reads, or attempts to read,

or to learn the contents or meaning of any message, report, or communication
while the same is in transit or passing over any wire, line, or cable,

or is being sent from,

or received at any place within this state;

or who uses, or attempts to use, in any manner, or for any purpose, or to
communicate in any way, any information so obtained,

or who aids, agrees with, employs, or conspires with any person or persons to
unlawfully do, or permit, or cause to be done any of the acts or things
mentioned above in this section, is punishable by a fine not exceeding two
thousand five hundred dollars ($2,500), or by imprisonment in the county jail
not exceeding one year, or by imprisonment pursuant to subdivision (h) of
Section 1170 , or by both a fine and imprisonment in the county jail or pursuant
to subdivision (h) of Section 1170 .

If the person has previously been convicted of a violation of this section or
Section 632 , 632.5 , 632.6 , 632.7 , or 636 , he or she is punishable by a fine
not exceeding ten thousand dollars ($10,000), or by imprisonment in the county
jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of
Section 1170 , or by both that fine and imprisonment.

EXCEPTIONS

(b) This section shall not apply:

(1) to any public utility engaged in the business of providing communications
services and facilities, or to the officers, employees or agents thereof, where
the acts otherwise prohibited herein are for the purpose of construction,
maintenance, conduct or operation of the services and facilities of the public
utility,

(2) to the use of any instrument, equipment, facility, or service furnished and
used pursuant to the tariffs of a public utility,

(3) to any telephonic communication system used for communication exclusively
within a state, county, city and county, or city correctional facility.

(c) Except as proof in an action or prosecution for violation of this section,
no evidence obtained in violation of this section shall be admissible in any
judicial, administrative, legislative, or other proceeding.

(d) This section shall become operative on January 1, 1994.

If the software company is violating your rights, you may need to report them to
federal or state law enforcement. Moreover, a civil lawsuit might also be
possible or possibly a lawsuit seeking declaratory relief (although check with
your legal counsel and do not rely on this article which is general legal
information only).

Attorney Steve Tip: Spying on your customers is NOT GOOD BUSINESS PRACTICE, and
trying to bully your clients into a settlement based upon illegally obtained
wiretapping of computer networks, and internet systems can land you in more
trouble than its worth. Especially if this evidence is deemed inadmissible in a
court of law. In fact, going into Court with this type of evidence could result
in having to “take the 5th amendment” because explaining to the judge how the
software infringement data was compiled and gathered could be an admission to a
crime.

CIVIL PENALTIES

As noted above, a civil suit might also be possible for wiretapping. As noted
in Cal Penal Code Section 637.2

“(a) Any person who has been injured by a violation of this chapter may bring an
action against the person who committed the violation for the greater of the
following amounts:

(1) Five thousand dollars ($5,000).

(2) Three times the amount of actual damages, if any, sustained by the
plaintiff.

(b) Any person may, in accordance with Chapter 3 (commencing with Section 525)
of Title 7 of Part 2 of the Code of Civil Procedure, bring an action to enjoin
and restrain any violation of this chapter, and may in the same action seek
damages as provided by subdivision (a).

(c) It is not a necessary prerequisite to an action pursuant to this section
that the plaintiff has suffered, or be threatened with, actual damages.

SOFTWARE PIRACY PENALTY VIDEO

VIDEO: Click here to watch our video discussing potential damages and remedies
for federal copyright software infringement. Make sure to SUBSCRIBE to our
popular legal channel with has over a MILLION VIDEO VIEWS and over 7,500
subscribers.

CONTACT A SOFTWARE PIRACY LAW FIRM

Our law firm can assist both Plaintiff software copyright owners and Defendants
in litigation and piracy actions. We have extensive federal court experience
and offer tenacious legal representation. Call us for a no-cost initial
consultation at (877) 276-5084. We take federal copyright cases nationwide
subject to local federal court admission rules.

Unfortunately, an error occurred:
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Watch some of our most popular videos over the years and SUBSCRIBE to join over
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* Software Piracy
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14:32

How to win a small claims court lawsuit
10/6/2013
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SMALL CLAIMS TIPS

Here are some general court tips to hopefully help you win your small claims
lawsuit. Whether you are dealing with breach of contract, fraud, business
disputes, landlord-tenant issues, or other claims for money damages, this video
will hopefully help you whether you are the plaintiff or defendant in the small
claims case.

TOP 10

1. Prepare your case - make sure you understand all the facts of the case
2. Have evidence - any evidence pertaining to your case make sure you bring it
with you and have copies for the judge and your opponent
3. LISTEN to the judge and DON'T INTERRUPT
4. If you are winning - SHUT UP!!
5. Don't get into an arguing match with your opponent - keep the Order in the
Court.
6. Show up on time
7. Be neatly dressed - "Dress how you want to be addressed"
8. Be short and concise and hit your 3 KEY POINTS (or more if you are given the
time), but many times these cases go fast so have your main points ready.
9. Relax and take a few deep breaths before you get up there.
10. Enjoy you get to act like the lawyer today!!
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_________________________
Copyright Policy Institute Office:

Washington D.C. https://www.copyrightpolicy.org/ (support fair copyright
policies such as fair use and fair royalties for artists)
_________________________
NOTICE: This website is general legal information only and not legal advice.
Some information may not be accurate. We are licensed in CA and AZ. Check your
local rules. Parts of our videos may constitute “fair use” under the copyright
laws, if you have an issue, please call us at (877) 276-5084. We are not liable
for your viewing, use, or reliance on any of our videos. Seek legal counsel. The
best money you will ever spend with a law firm is for a consultation designed to
keep you OUT OF COURT. Thank you all for your continued comments, likes, and
support.
________________________
© 2020 Attorney Steve Vondran. All rights reserved.
• 348K Views • 13K Likes • 1.1K Comments
03:02

Be careful not to use Autodesk Crack Codes like 666-69696969 or 484848484
3/8/2016
https://vondranlegal.com/autodesk-audit-survival-guide/ [over 625 videos and
growing]. Subscribe for new videos: https://bit.ly/38vXDzk .

Thank you for supporting LEGAL EDUCATION and EQUAL ACCESS TO JUSTICE! Yes, you
can share our videos on your social media networks.

NOTE: WE DO NOT CONDONE POSTING LINKS TO PIRATED SOFTWARE.

Our law firm is a national leader in the area of software audit defense. We have
been helping small and large businesses respond to legal demand letters,
contractual audits, internal audits, and software litigation for many years now.

Autodesk takes its intellectual property very serious (including products such
as AutoCAD, Maya, Revit, 3ds max) and if your company is found to be using
unlicensed software in your business, on company-owned computer laptops, PC's.
MAC and on servers, your company can face a federal court lawsuit for willful
copyright infringement. Especially where crack codes are found to be installed.
You can check this by looking at the serial number for copies of Autodesk
products that you are running. If it says 666-6969669 or 484848484 or some
variation, then you are running "hacked" software which can also violate the
DMCA anti-circumvention laws (federal law). This can lead to unwanted liability
for the company and its officers and directors (who can be held personally
liable despite the "corporate veil."

RESOURCES:

Autodesk Audit Survival Guide -
https://www.linkedin.com/pulse/attorney-steves-autodesk-audit-survival-guide-steve-vondran/

If you received an audit demand letter from the law firm of Donahue Fitzgerald,
LLP, let us know, we can help.

Public service announcement - be careful not to illegally download Autodesk
Autocad software especially using “crack-codes” that can lead to a copyright
infringement audit.

Attorney Steve Vondran, the federal copyright lawyer explains problems with
illegally downloading free software over the internet, especially using codes
that may be provided on websites setup to attract software pirates.

Using these crack codes could lead to legal action against your company and
force you to face a software licensing audit. Once you submit a worksheet
disclosing the use of these crackcodes such as

666-69696969

667-98989898

400-45454545

066-66666666

The use of these numbers to download free software can lead you to a costly
audit, a federal lawsuit, or worse yet, end up on a federal prosecutors desk
seeking charges for criminal copyright infringement.

We can help protect your company if you are facing a BSA, SIIA, Autodesk,
Microsoft, IBM, Oracle, or Adobe audit. We have helped many companies stay in
business and helped officers and directors avoid filing for bankruptcy or facing
jail time. In most cases, we can get your case settled with confidentiality
under FRE Rule 408.

🔥 Check out my video on WINNING SMALL CLAIMS LAWSUITS here 🔥
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NOTICE: This website is general legal information only and not legal advice.
Please do not rely. Some information may not be accurate. We are licensed in CA
and AZ. Check your local rules. Parts of our videos may constitute “fair use”
under the copyright laws, if you have an issue, please call us at (877)
276-5084. We are not liable for your use or viewing of our videos. Thanks for
watching!

Burdens of proof in a civil lawsuit
3/1/2014
http://www.vondranlegal.com [over 650 videos and growing]. Subscribe for new
videos: https://bit.ly/38vXDzk

TikTok Special - Book a “coaching” call
with Attorney Steve® or Frontline Lisee!!
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Attorney Steve® discusses the burden of proof in a civil lawsuit (ex. financial
elder abuse case or copyright infringement matter), and for a criminal case (ex.
criminal copyright infringement). Criminal cases have a higher standard of proof
because of the potential consequences (imprisonment).

As this video suggests, in some cases, such as potentially in a real estate
elder abuse case, you can seek to "shift the burden of proof" to the opposing
party Defendants. This can be the difference between winning or losing your real
estate case. You cannot shift the burden in all cases, however, only where the
statute or case law permits it.

PREPONDERANCE OF THE EVIDENCE STANDARD

The first standard is the "preponderance of evidence standard. Some call this
the "tug of war" approach or the "51% rule." This is typical in California civil
court cases. The question becomes "is it more likely than not" that the
wrongdoing occurred, for example, a breach of contract or a sexual abuse case
against a church or clergy.

See our video on AB 218: https://youtu.be/17ZhbR5rUYU

CLEAR AND CONVINCING EVIDENCE STANDARD OF PROOF

Then, it moves to "clear and convincing evidence" (this is the standard in a
real estate license accusation and often times in a "fraud" case depending upon
your state). This requires a Plaintiff to prove to a higher degree of certainty
that the facts alleged actually occurred.

BEYOND A REASONABLE DOUBT - CRIMINAL LAW STANDARD

Finally, there is the very high standard of "beyond a reasonable doubt" (this is
the criminal law standard in most cases). This is important to try to ensure
that innocent people do not go to jail. The old saying is we would rather have a
1,000 guilty people go free than to have one person wrongfully spend time in
jail. Just think if that one person was you. So, this is the highest standard in
the United States justice system. This requires a prosecutor to prove EVERY
ELEMENTS OF A CRIME BEYOND A REASONABLE DOUBT. People can debate what a
"reasonable doubt" is but that is the subject of another video. MAKE SURE TO
SUBSCRIBE!!

Again, there may be other standards depending on the law or statute involved
(EX. "STRICT LIABILITY") and/or the jurisdiction.

This is general legal information only and not specific legal advice.

__________________

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Attorney Steve discusses how to file a motion like a PRO
1/4/2018
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In this episode of Litigation Whiteboard, Attorney Steve discusses how to file a
motion in California court like a pro. Rules may vary from jurisdiction to
jurisdiction and this is general legal information only and not legal advice.

The 7 main steps of filing a motion are discussed

1. Meet and confer

2. Getting the court date

3. Filing the motion (request for judicial notice, declarations, proposed order)

4. The opposition brief (and page limits)

5. The Reply

6. Tentative rulings

7. The hearing

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✔️ Get some tips on MEDIATION SUCCESS here ✔️
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Autodesk Audits explained by Attorney Steve®
2/16/2015
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videos: https://bit.ly/38vXDzk

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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.

Check out our Avvo reviews here:
https://www.avvo.com/attorneys/94104-ca-steve-vondran-1718385/reviews.html

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.

#AutodeskAuditLetter
#Autodeskdefenseattorney
#Autodeskaudittips
#BSAdefense

☎️ Or call us at ☎️
(877) 276-5084
• 11K Views • 13 Likes • 2 Comments
05:31

The ACE Alliance and IPTV Piracy by Attorney Steve®
2/4/2022
http://www.AttorneySteve.com [over 675 videos and growing]. Subscribe for new
videos: https://bit.ly/38vXDzk

Thank you for supporting LEGAL EDUCATION and EQUAL ACCESS TO JUSTICE! Yes, you
can SHARE OUR VIDEOS on your social media networks. Thanks for watching, don't
forget the SUPER THANKS button! The more I monetize, the more I can dedicate
time to more FREE videos!!

BASIC OVERVIEW OF IPTV DEFENSE LAW

In this exciting episode of Litigation Whiteboard® Attorney Steve® discusses
what the A.C.E. Alliance is (Alliance for Creativity & Entertainment) and how
they will pursue illegal reproduction, distribution, and broadcast of IPTV movie
and television shows.

These cases can lead to large levels of liability so it is important that if you
receive a letter from a Sherman Oaks, California office you have your case
reviewed by a skilled intellectual property law firm.

If you are pre-litigation this could be a great opportunity to settle your case
without having to go to court. If you are in court, it is even more important to
seek IP legal counsel.

The same goes for Dish-Nagrastar cases and cases pursued by the Motion Picture
Association ("MPA").

Call us if you need help at (877) 276-5084. Thanks for watching!
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👨‍🎓 Learn how to register a trademark WITHOUT A LAWYER here 👨‍🎓
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✔️ Get valuable tips on MEDIATION SUCCESS here ✔️
https://www.youtube.com/watch?v=E32Ks...
_________________________
✈️ Copyright Policy Institute ("CPi") ✈️

Steve Vondran, Esq. is the founder of the Washington D.C.-based Copyright Policy
institute. (support FAIR USE RIGHTS for all creators) Visit:
https://www.copyrightpolicy.org/
_________________________
NOTICE: This website is general legal information only and not legal advice.
Some information may not be accurate or current. We are licensed to practice law
in CA and AZ. Parts of our videos may constitute “fair use” under the copyright
laws, if you have any issues, please call us at (877) 276-5084. By watching our
videos, you confirm that we are not liable for any use or reliance on the
content of any of our videos. Please seek legal counsel if you have any
questions. The best money you will ever spend is for a one-hour consultation
with an IP law firm designed to keep you OUT OF COURT. Thank you all for your
continued comments, likes, and support.
________________________
© 2020 Attorney Steve Vondran. All rights reserved.
• 613 Views • 5 Likes • 12 Comments
14:15

Youtube Fair Use Tips by Attorney Steve
8/7/2018
http://vondranlegal.com/fair-use-defense/ http://www.VondranLegal.com [over 655
videos and growing]. Subscribe for new videos: https://bit.ly/38vXDzk.

NEED A QUOTE on a fair use opinion letter? Fill this form out and send it over.
https://www.scribd.com/document/473424267/Legal-fair-use-opinion-letter-quote-form

FAIR USE TIPS

Attorney Steve explains The FOUR T’s of United States Fair Use Law and gives his
top 10 tips for "Keepin it Legal" while you build your Vimeo or Youtube channel.
Fair use is a LEGAL RIGHT! It's rooted in the First Amendment and limits any
monopoly a copyright rights holder may be claiming.

Many content owners do not recognize or care to recognize this statutory legal
principle that is embodied in 17 U.S.C. 107. Our top ten tips relate to using
only the content that you actually need to make your point, comment, or
criticism. It is most important that your video TRANSFORM the original work and
add new meaning or expression.

In this video, we discuss the fair use disclaimer. https://youtu.be/MrIKDMKZe_E
_________________
Sample fair use language I plan to use in some of my future videos. This is not
legal advice

FAIR USE NOTICE

Portions of this video, including the use of third party clips and content,
constitute “fair use” under the federal copyright laws of the United States.
Under 17 U.S.C. 107, Works that are educational and scholarly in purpose in
nature are protected and the fair use laws protect comment, criticism, and
critique as well as using Works in a manner that is deemed de minimis in nature
and where the third-party content is used in a transformative manner as is being
done in this video/film/Work. We have attempted to give credit and attribution
to the extent possible and in no manner do we intend, nor are we passing off any
third party copyrighted work as our own. If you wish to object to any content
being used in this documentary video, please contact us directly at XXXXXXX
before taking any formal action. Any improper attempts to issue a DMCA takedown,
seek to monetize this film, or send a cease and desist letter for improper
purposes may constitute a violation of 17 U.S.C. 512(f) which prohibits “ bad
faith” actions under the Digital Millennium Copyright Act. Thank you.
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Attorney Steve's Top Tips for Mediation Success!
4/17/2015
http://vondranlegal.com/tips-to-settling-lawsuit-in-mediation/. [over 695 videos
and growing]. Subscribe for new videos: https://bit.ly/38vXDzk

Thank you for supporting LEGAL EDUCATION and EQUAL ACCESS TO JUSTICE! Yes, you
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EDUCATION IS POWER. IGNORANCE IS AVOIDABLE!

Mediation provides parties (Plaintiff and a Defendant) with an excellent chance
to settle their case. But you do not want to blow it and you want to make sure
you are properly prepared to handle the case. In this "litigation warrior,"
video Attorney Steve provides his top tips to help you reach a settlement in
your mediation case, whether a Court-ordered mediation, or whether those parties
have voluntarily agreed to ADR (Alternative Dispute Resolution) and agreed on
either binding or non-binding mediation.

For example, we discuss:

1. Checking your ego at the door

2. Being realistic about settlement alternatives

3. The importance of mediation briefs

4. How to negotiate your case

5. What the general process of mediation is

6. How to take it slow during the joint sessions and break out sessions

These are some really important legal concepts to understand before you spend
time with the mediator. This is not an exclusive list.

If you need a lawyer in California or Arizona to help you with arbitration,
mediation, or litigation (particularly in the area of copyright infringement,
internet, or entertainment law, call us at (877) 276-5084. In many cases, we are
able to structure a low flat rate legal fee.
______________________________________________________
Also, don't forget to join the conversation on my social media!! See you at the
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Video Game Law IP Overview by Attorney Steve®
6/27/2022
✈️ http://www.videogame.law. [over 695 videos and growing]. Subscribe for new
videos: https://bit.ly/38vXDzk

GENERAL LEGAL OVERVIEW OF IP LAW IN CONNECTION WITH VIDEO GAMES

In this exciting video Attorney Steve Vondran discusses video game law and a
basic IP overview (copyright, trademarks, design patents, right of publicity).
Since 2004, our IP and technology law firm has helped businesses and individuals
of all sizes in handling IP-related legal issues.

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🔥 Check out my video on WINNING SMALL CLAIMS LAWSUITS here 🔥
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👨‍🎓 Learn how to register a trademark WITHOUT A LAWYER here 👨‍🎓
https://www.youtube.com/watch?v=8gSE5...

✔️ Get valuable tips on MEDIATION SUCCESS here ✔️
https://www.youtube.com/watch?v=E32Ks...
_________________________
✈️ Copyright Policy Institute ("CPi") ✈️

30 Latin Legal Terms Everyone Needs to Know
10/17/2018
http://www.VondranLegal.com [over 692 videos and growing]. Subscribe for new
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SUPPORT OUR LEGAL EDUCATIONS SERIES AND ACCESS TO JUSTICE!

TikTok Special - Book a “coaching” call
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MUST SEE: Don't forget to watch this video on the Declaration of Independence:
https://www.youtube.com/watch?v=OWuB3xf31CI&t=139s

JD JARGON - Attorney Steve® does it again, this time with this video letting you
know the TOP 30 LATIN LEGAL TERMS you probably need to know. Sure there are a
ton more, but these are the common everyday terms that may pop up on your bar
exam and in the practice of law, especially if you are a pro se litigant.

Feel free to share our videos on your social media networks. Make sure to
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👨‍🎓 Learn how to register a trademark WITHOUT A LAWYER here 👨‍🎓
https://www.youtube.com/watch?v=8gSE5...
✔️ Get some tips on MEDIATION SUCCESS here ✔️
https://www.youtube.com/watch?v=E32Ks...
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Attorney Steve's Ultimate Deposition Tips
12/17/2016
http://vondranlegal.com/attorney-steves-ultimate-depositions-tips/ [over 695
videos and growing]. Subscribe for new videos: https://bit.ly/38vXDzk

Thank you for supporting LEGAL EDUCATION and EQUAL ACCESS TO JUSTICE! Yes, you
can share our videos on your social media networks.

In this episode of Litigation Whiteboard®, Attorney Steve gives his best tips to
help you master your deposition and to give the best deposition possible. These
are general legal tips learned in years of litigation and we hope you will find
this helpful.

Remember, in depositions it is very important to:

1. Stay calm
2. Be truthful
3. Listen to the question carefully
4. Answer only the question (do not ramble or engage in storytelling or
volunteer free information)
5. Give your attorney a chance to object
6. Listen closely to the objection it may offer clues as to how you should
respond
7. Give a short and concise answer (and answer only the question)
8. Do not guess or speculate
9. Make sure the record is correct (if you forgot to clarify something try to
clarify that on the record before you leave.
10. Relax and enjoy participating in the legal process (take deep breaths before
you go in, and on breaks so you can stay refreshed)
11 Dress professionally
12. Get plenty of rest the night before
13. Think before coming to the deposition on drugs or alcohol (this could cause
more problems for you)
14. Do not try to "spar" with the attorney as this could cause more problems and
make the deposition last longer
15. Avoid exaggeration
16. Be careful what you say "off the record" because it may become a question
"on the record" with the court reporter.

If you need representation, either as a Plaintiff or Defendant please feel free
to contact us at (877) 276-5084. We can also help with arbitration or mediation.
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🔥 Check out my video on WINNING SMALL CLAIMS LAWSUITS here 🔥
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👨‍🎓 Learn how to register a trademark WITHOUT A LAWYER here 👨‍🎓
https://www.youtube.com/watch?v=8gSE5...
✔️ Get some tips on MEDIATION SUCCESS here ✔️
https://www.youtube.com/watch?v=E32Ks...
✈️ Watch my video on ULTIMATE DEPOSITION TIPS here ✈️
https://www.youtube.com/watch?v=eyT0C...
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Solidworks software compliance turning up the heat in 2022?
3/26/2022
https://www.vondranlegal.com/does-solidworks-file-lawsuits-for-copyright-infringement

In this video (probably best only for those who are facing a software audit or
EULA licensing dispute), Attorney Steve® discusses Solidworks and the recent
enforcement trends we are seeing in 2022. Included in this list is an important
list of the top ten excuses for software piracy that are not likely to work
(basic copyright infringement misconceptions). Feel free to share this video on
your social media networks.
• 2.9K Views • 18 Likes • 5 Comments
12:05

Trade Secrets Crashcourse by Attorney Steve®
2/27/2022
http://www.VondranLegal.com. [over 695 videos and growing]. Subscribe for new
videos: https://bit.ly/38vXDzk

Thank you for supporting LEGAL EDUCATION and EQUAL ACCESS TO JUSTICE! Yes, you
can SHARE OUR VIDEOS on your social media networks.

OVERVIEW OF TRADE SECRETS

In this exciting episode of Litigation Whiteboard® Attorney Steve® discusses:

1. What is a trade secret?

2. Examples of different types of potential trade secrets (customer lists,
marketing plans, software code, technology R&D data, etc.);

3. How to protect a trade secret (for example, with an NDA or contract, limiting
access on a "need to know" basis, employee training, and manuals, information
security, strong passwords, etc.)?

4. What constitutes trade secret misappropriation (ex. theft of trade secrets by
wrongful acquisition, use, and/or disclosure);

5. Typical remedies sought by a Plaintiff in trade secret litigation in state or
federal court (there is a federal trade secret law).

Hope you found this video helpful, thanks for watching!! Make sure to LIKE
COMMENT SUBSCRIBE!!

______________________________________________________
Also, don't forget to join the conversation on my social media!! See you at the
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• 2K Views • 78 Likes • 14 Comments
11:43

Metaverse 'Distributed' Domains explained by Attorney Steve®
6/2/2022
http://www.metaversecounsel.io. Nearly 700 videos and GROWING FAST! Subscribe
for new videos: https://bit.ly/38vXDzk

Thank you for supporting LEGAL EDUCATION and EQUAL ACCESS TO JUSTICE! Yes, you
can share our videos on your social media networks.

____________________________

In this video, Attorney Steve® discusses the Metaverse "decentralized" domains
that point to your cryptocurrency, crypto wallet, NFT, and blockchain
properties. These can often have long addresses and these domains can be used as
a shortcut making it easier for yourself and others to jump around the
decentralized universe.

From a brand owner's perspective, you once again need to protect your brand from
fakes, imposters, cybersquatters (maybe we should call them metasquatters), and
unscrupulous persons who may harm, injure, dilute, or tarnish your brand.

Watch this video to get a better general overview of blockchain, virtual
currency, NFTs, and domain dispute issues. These domains are not backed by ICANN
so there is currently no type of UDRP policy when someone is trying to infringe
or disparage your brand.

Vondran Legal ® can help you monitor and protect your brand and resolve IP and
technology-related disputes. Call us for more information at (877) 276-5084.
• 681 Views • 19 Likes • 1 Comments
07:23

Business Software Alliance (BSA) Audits by Attorney Steve®
4/25/2014
https://www.softwareaudits.net http://www.vondranlegal.com [over 675 videos and
growing]. Subscribe for new videos: https://bit.ly/38vXDzk

TIPS IF YOUR COMPANY IS FACING A SOFTWARE AUDIT

1. Do not contact their lawyers. They are skilled in the area of software
infringement/piracy. They will typically use anything you say against you. Admit
your fault, and they will take note.

2. Do not race to the Golden Gate Bridge and throw your computers, laptops, and
servers into the bay. We have helped hundreds, if not close to a thousand,
companies deal with these types of software audits. Preserve the evidence.

3. Do not talk to other people or fire off emails. This can be used as evidence
against you. Keep things quiet and get a legal consultation from an experienced
copyright law firm. These cases are brought/pursued as copyright infringement
cases.

4. Don't trust the case to your uncle or friend who is a lawyer or even your
in-house corporate attorney. In this area of law, experience matters, and if
your counsel has never dealt with this type of dispute, you need to take this
seriously and find an IP firm with substantial experience dealing with The
Business Software Alliance.

5. Figure out who will be members of your IT audit team. For example, since
officers and directors can be held personally liable for willful piracy, you may
need to involve them. Involving your IT team lead also usually will make sense
(unless you suspect them of being an informant/whistleblower). BSA has been
known to offer monetary amounts to those who report piracy - including
informants or those who may have "one foot out the door."

This is not an exclusive list. A helpful checklist of issues can be found here -
http://vondranlegal.com/software-audit-checklist/

You should note that we offer low flat rate fees for most software defense cases
(designed to make legal representation AFFORDABLE). They have attorneys on their
side; you need to seriously consider being represented.

BSA audits can completely disrupt your business and, in fact, bring financial
ruin to your company (the letter you received probably threatens $150,000 per
infringed work); this can bankrupt many companies, especially if there is deemed
to be widespread "willful infringement of copyright" (meaning you are installing
software that is not properly paid for and YOU KNOW IT).

We can help you examine possible defenses which you can find some of them listed
here:
http://vondranlegal.com/common-defenses-in-a-bsa-or-autodesk-software-licensing-audit/

You should not simply throw away the letter and hope it goes away. Chances are
IT WILL NOT. We have helped many companies that fail to have proper licenses,
use crack codes, over-install software, and who may have inadvertently been
using software from big companies like Autodesk, Microsoft, and/or other BSA
member companies.

NOTE: The business software alliance ("BSA") is NOT law enforcement. They are
known as the "software cops" or "software police" to some, but they are not law
enforcement. They are a software industry trade group that polices the
marketplace seeking to confront companies for EULA compliance or infringement
issues. They seek monetary settlements (We have seen demands for several
HUNDREDS OF THOUSANDS of dollars) and will also sometimes seek to have companies
implement a software code of ethics within your organization. Settling cases
with them can be tricky and overly expensive for a company that does not know
the ins and outs.

If you are not sure where your company stands, you should self-audit your
business to make sure you are compliant as soon as you can and make sure you can
prove, to the satisfaction of the BSA that you are 100% in compliance.
Typically, this means showing dated proofs of purchase for software licenses.
However, there may be alternative forms of proof.

When you click "agree" on many of the "click wrap" software licensing agreements
and subscriptions that many companies use to protect their software (such as
Apple, Adobe, Symantec, Bentley, WinZip, Dell, and others), in most cases you
will be expected to live up to those digital agreements. If you are branded a
"software pirate," you may have to defend yourself and your company in a federal
copyright infringement lawsuit, and there could even be criminal copyright
criminal charges that involve expensive software.

SOFTWARE AUDIT VIDEOS BY ATTORNEY STEVE®

1. Copyright infringement damages explained: https://youtu.be/LJxTTcDuhzs

2. More information on BSA audits: https://youtu.be/q7aWxgM2Fq0

3. Common terms in a software piracy settlement agreement:
https://www.vondranlegal.com/sample-s...

4. Common defenses and mitigating factors in software cases:
https://youtu.be/_VwRmHz66Bg

5. Microsoft "unbundling" damages explained: https://youtu.be/7MYj_K_JGCI

6. What can happen if you ignore a BSA demand letter:
https://youtu.be/TTeiWp4X_UQ
• 9.1K Views • 14 Likes • 5 Comments
11:29

HOW YOU GOT CAUGHT TORRENTING!
1/19/2019
TORRENT DEFENSE
Companies like Strike 3 Holdings and Malibu Media catch you torrenting copyright
material (Video games, Movies, Books, Software, Ect.) and pursue infringement
actions by sending a letter to your ISP (Cox, Comcast, Verizon, AT&T) of notice
of infringement. People use The Pirate Bay and UTorrent to download content that
is not Public Domain. They Seed but do not Leech, and do not use a VPN or Proxy
while Uploading much more than they download.

Free consultation at:
Website: Vondranlegal.com https://bit.ly/2T3EJ93
Twitter: @SteveVondran https://bit.ly/2RW6V03
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Facebook: Attorney Steve https://bit.ly/2FJAhIO
LinkedIn: Steve Vondran https://bit.ly/2W4SC8T
5 Star Avvo Review: Steve C. Vondran https://bit.ly/2REdTrv
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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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