Accepted Answer

In most cases people will first have an attorney send a letter demanding payment for the use of the copyrighted material, and/or demand that the defendant stop publishing/selling the copyrighted material. Determining how much money to demand depends largely on the value of the software and the eggregiousness of the piracy.

You would then wait for the infringer to respond to the letter and open settlement negotiations. If the infringer does not respond within a few weeks you would have an attorney experienced in copyright law file a complaint for copyright infringement and probably other causes of action depending on the specific facts. This would lead to a trial which can take several years to conclude. Most law suits end in a settlement before or during trial.

You would need to produce evidence of your ownership of the copyrighted material and that the infringer sold or distributed the material. You would be entitled to significant statutory damages for violation of your copyright even if you could not prove actual damages.

Another action you can take is to contact the Department of Justice and file a criminal complaint as a situation like this likely violates one ore more federal criminal statutes. Your attorney General could also bring criminal action based on state and federal law.

This information is intended for academic purposes and does not establish an attorney-client relationship with the author.

Edited by Patent Expert on 7/7/2009 at 9:50 PM