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GroundGeek

Intellectual property

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In 2014, I made an on-line purchase of software.  It was last year's version and I purchased it through an on-line retailer.  I have the receipt and paid about 1/3 of the new price for the software.  As it turns out, the retailer that I purchased from was not authorized to sell it.  Over a year after the purchase, I was contact by an attorney accusing me of copyright infringement.  Basically, they say that I purchased stolen software.  I have offered to return the software.  Have made no money from its use.  Indeed, I have only used it 2 or 3 times and only minimal applications, at that.  Now they want me to pay full price for the product and are refusing my offer to return it to them.  What are my options?

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In 2014, I made an on-line purchase of software.  It was last year's version

 

I assume this means that, in 2014, you purchased a 2013 version of the software.

 

 

 

As it turns out, the retailer that I purchased from was not authorized to sell it.

 

What exactly does that mean?  As a general rule, if a person/entity lawfully owns a copy of software, he/she/it is free to sell it.  Does this simply mean (as you indicated later in your post) that the publisher of the software alleged that the seller had stolen the copy you bought?

 

 

 

I was contact by an attorney accusing me of copyright infringement.  Basically, they say that I purchased stolen software.

 

Well...selling stolen software could be an act of copyright infringement, but buying stolen software isn't.  What exactly did the lawyer claim you did that constituted copyright infringement?  He or she may have cited a section of the Copyright Act that he/she claims you violated (it would look something like this:  "17 U.S.C. § 106(3))."  If so, what section was cited?

 

 

 

What are my options?

 

Well...obviously, your options are to do what the lawyer has demanded, affirmatively say "no," propose some (other) alternative, or simply ignore the demand.  However, I suspect you knew all that and that this isn't really what you intended to ask.

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Well you did NOT KNOW it was a scam/pirated software two years' ago.  This is why buying at eBay and Amazon or Education Web site online stores are sketchy.  Did you register the product when installing into your peripherals?  If is it not pirated, the serial numbers, SKU/ bar code information would pass during registration of products by inventor businesses that manufactures REAL (not pirated) application/softwares.

 

FBI seizes and even labels piracy as federal violation; hence before watching movies there are pop-up ads and disclosures to warn consumers, target audience/viewers.  Unless you are on layaway, financially you are responsible for the remaining 2/3 fees of utilizing the software even if you used it personally/professionally less than 3-4 times.  

 

Its kind of riding a bike bike that is not leased or rented.  You cannot leave REI stores without paying the retail full amount first, but you can test its quality and quantitative value at the store.  Same concept applies to computer software material/s

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