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Internet Defamation of a Business - How to handle negative posts and reviewsOne of the most frustrating things that can happen to your business is having a person (ex. past client) defame you on google.  Since it is in writing the defamation is known as "libel."  But what can you legally do about? Can you sue Yelp or Google?  Can you file an defamation lawsuit against the person or is their "opinion" protected by the first amendment and the ANTI-SLAPP laws?  Attorney Steve the business, real estate and intellectual property lawyer discusses his top tips on how to handle this type of situation.For those who do not want to listen, we suggest you:1.  Try to work it out with the complaining party2.  Try to get positive reviews to drown out the negative reviews3.  See if there are any technical measures on the social media platform at issue (ex. BBB, Yel, Google, etc.) to remove or delete the negative comment, or place your own rebuttal.4.  Consider sending a letter to the website hosting the comments (do not hold your breath on this one)5.  Consider filing a defamation lawsuit as a last resort (keeping in mind "going legal" can come back to bite you in some cases.If you need help as to #5 above, call us at (877) 276-5084.  Sometimes filing a lawsuit (if the person has assets worth going after) might be a viable solution, but all factors need to be considered.FEEL FREE TO SHARE THIS PODCAST ON YOUR SOCIAL MEDIA NETWORKS!  GIVE US A SHOUT OUT!!!- Attorney Steve -  

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Copyright Litigation Essentials - DMCA 512(f) "bad faith" mispresentation bully casesThank you for listening to this episode of "Vondran Legal Hour."  If you enjoy our legal podcast (this is general legal information only and not legal advice), feel free to share the link on your social media website.  If you need immediate help, visit BadFaithDMCA.comIntroductionWhen you are trying to run a business on eBay or Etsy, or having fun (ex. parody) with a video on Youtube or Vimeo, Google, Facebook or Twitter, you don't appreciate it when you get a DMCA "take down" notice or "Notice of Copyright Infringement" but what can you really do about?  Should you just let your account be closed down?  Can you fight back?  If so, how?  Attorney Steve, the Copyright & Social Media lawyer explains one trick to look at.Contact a Federal Copyright LawyerWe handle federal copyright and trademark cases across the country including New York, Florida, San Diego, Seattle, Boston, Chicago, Ohio, Texas, and California.  Contact us to discuss being a DMCA agent, or handling a copyright issue such as a software audit, music licensing, royalty disputes, willful copyright infringement, first sale doctrine, or DMCA takedown bullly cases.  We can be reached at (877) 276-5084. 

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Copyright & Software Settlemenets - Is this legal or civil extortion?Welcome to another exciting episode of Vondran Legal with Attorney Steve Vondran.IntroductionIn this episode we are talking about what happens when ypu complete a software licensing audit and are moving to get your case settled.  The intellectual property attorney for the software company (note it could be attorney for copyright bully in a BIttorrent illegal file sharing case) has been authorized by their client to settle the case confidentially, but then when it comes time to close the deal they say "do you want confidentiality for another $5,000."  Does this statement cross the line into the area of civil extortion?  Did they "good guy" just become the "bad guu."  In other words, is the representative requesting that you pay a fine, fee or penalty for them NOT TO EXPOSE THE SECRET THAT YOURT COMPANY WAS A SOFTWARE PIRATE?  This blog provides general legal information and is not legal advice or a substitute for legal advice.More Resources1.  VIDEO: Are software audit settlements confidentialContact a Federal Copyright & Software Law FirmIf you need help dealing with a software audit letter, DMCA take down notice, Notice of copyright infringement or notice of subpoean from your ISP call us at (877) 276-5084.  We have helped many companies around the United States and we can help you. 

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What is a Subpoena and do you Squash it or Quash it?Civil lawyer Steve Vondran explains what it means to try to "quash" a subpoena.  For example, if you get a notice of copyright infringement from your ISP claiming you illegally downloaded music or videos and someone wants to sue you (ex. in A Bittorrent file sharing lawsuit), you may need to discuss with an intellectual property lawyer about whether or not you have grounds to QUASH the subpoena or not.  This podcast provides a general overview of the four common grounds to seek to set aside the subpoena so you do not have to respond to it.  This is general legal information only and not legal advice or a substitute for legal advice.If you need help with a software audit, or Bittorent defense, contact us, we can review your options.  One of the main things to consider in P2P cases is whethere there is an "undue burden" or special privacy interest that can create a ground to ignore the subpoena.  This Vondran Legal Hour podcast will provide reference to FRCP 45. 

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What is the Software & Information industry Association?Attorney Steve explains this industry tradegroup that monitors and enforces the intellectual property rights (i.e. copyrights) of its member companies and engages legal counsel to send out what's known as "voluntary audit letters" from regional law firms who then seek to have your company audits its books and records and submit valid proofs of purchase and licensing evidence to prove that you are paying for the software you are using to run your business.  If not, if you are "short" in your licensing, these IP lawyers will normally seek to force you into a settlement to pay for past infringing conduct, whcih they may refere to as "software piracy" or "copyroght ingringement."Our copyright law firms helps both copyright holders and those accused of ifnringement and so this podcast will help you understand the basics of who the SIIA is.  If you need help in a defending your business calll us at (877) 276-5084 or visit our Software Law Super Resource Center (link provided below).  Resources1.  VIDEO -- What you need to know about SIIA software audits2.  Tips to respond to a BSA or SIIA audit3.  POWERPOINT - Specific tips on handling case with Software & Information Industry Association  

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The legal side of software raidsAre software companies legally allowed to conduct a software raid on your business if they have a suspicion that your company is using software that is pirated, or illegally downloaded from file sharing websites such as "bittorrent" or others, or that you are using counterfeit software, or using crack-codes to run software without paying for it, and without a legal license?  This podcast from Steve Vondran, Esq. will address this key legal issue in general terms.As the podcast points out, normally you will have an Insider (often called the "informant") who may be motivated by revenge, a sense of fear for associating with copyright "pirates" or other reasons.  These informants can approach companies like the SIIA or the business software alliance and seek a reward for reporting privacy.  If the information is deemed credible (sometimes the secret informant may have taken a screenshot of the infringing conduct) a lawsuit could be filed (federal court is where copyright cases normally are filed), and an ex parte application for a "seizzure order" could be sought by the Plaintiff.  The judge will hold this to a high standard of review.  Listen to the podcast for more information. If you need help responding to a software audit letter, we can help as we have helped many other companies across the United States.  Call us at (877) 276-5084 to speak with a copyright lawyer now.Resources1.  Software Audit Resource Center2.  Copyright Bully Resource Center3.  The legal process of conducting a software raid 

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Software Compliance & Copyright Infringement Law - Things to know before you engage in a software audit with Microsoft, Autodesk, the SIIA or BSAThis podcast discusses the ESSENTIAL checklist you must go through line by line if you received an audit lettter asking you to engage in a "voluntary" audit of your computers, networks and servers and laptops of your business.  This is not fun and games when you get the "love letter" and you need to take this serious, especially since in most cases they will be implying that your company could be held liable for $150,000 in damages if you are using pirated or unlicensed software to run your business.This helpful guide will alert you to the things you need to be aware of.  Attorney Steve discusses these items very briefly so that you can understand what you are up against.  We hope you find this legal podcast helpful.  If so, please feel free to share it on your social media networks.This podcast has just the TOP 10 Questions. If you want to go over all the 30+ questions on our checklist click here.  If you need a free legal consultation (for Clients only, not other lawyers) contact us at (877) 276-5084.  We have helped many companies survive the audit process and negotiate confidential settlement agreements.Resources1.  Here is a link to our software licensing audit checklist on ScribD2.  Video discussing what is the Business Software Alliance3.  What is the SIIA explained in this video 

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Illegal downloading of ographic moviesCopyright law is heating up with demand letters based on illegal downloading of adult ograpy on p2p file sharing websites such as BitTorrent.  Attorney Steve, the copyright lawyer discusses this interesting situation to be aware of when you are downloading and uploading movies, books, audio tapes, games (ex. xbox and playstation), software, comics, anime and other digital content where the copyrights are help by other persons.  We can help you explore your legal defenses and respond when you get a demand letter or infringement notice.  If you need help call us at (877) 276-5084.IMPORTANT RESOURCES (ATTORNEY STEVE VIDEOS)1.  What is a business software alliance audit? (illegal software downloads)2.  Bittorent Defense Resource Center (everything you need to help you if you received a subpoena notice from your ISP such as Comcast3.  Should you respond to a subpoena notice with a motion to quash

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This Vondran Legal Hour podcast discusses the tort of defamation.

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SIIA software defense law firmThe Software & Information Industry Association ("SIIA") is a private trade group (not law enforcement) that seeks to enforce the intellectual property rights (ex. copyrights in software programs) of its member companies such as Google, Facebook, Adobe and others.Copyright lawyer Steve Vondran discusses what this entity is, explains some sample members and discussses in general what to do if you receive a software audit letter from one of the SIIA member companies or their intellectual property lawyers.It is important to contact copyright counsel BEFORE you speak with the SIIA.  The things you say or disclose may come back to hurt the company and its officers and directors, especially if you admit to willful copyright infringement.  You could wind up paying huge damages and for some companies, they cannot afford it and may have to consider filing for bankrutpcy protection (Chapter 7, 11, or 13).Our goal as an IP law firm is to help mitigate against this risk and help companies limit their legal liablity for software infringement.  There are many different defenses that can be explored, and we discuss some of these on our Software Audit Resource Page.We offer LOW FLAT RATE LEGAL FEES, which for many companies is more affordable that paying a 10 or $20,000 retainer agreement to a copyright software firm that is going to bill you hourly on the case (which usually means it will drag on magically month after month sometimes with no visible end in sight).    

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