What happens when a federal agency illegally uses copyrighted software? 3 Answers as of May 16, 2011

When a Federal agency is "caught" using copyrighted computer software they did not pay for, what happens? Are they simply required to pay what they should have paid? Or are there some kind of additional damages?

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Intellectual Property Center, LLC
Intellectual Property Center, LLC | Ak Shaf
In general the copyright holder of a software program can assert their rights against anyone who copies, reproduces or distributes a copyrighted program. Depending on the specifics of the situation, there can be a sizable recovery for damages. If this is a specific situation, i would encourage you to contact an attorney and discuss potential solutions.
Answer Applies to: Kansas
Replied: 5/16/2011
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
To the best of my knowledge they are treated just like anyone else in the computation of damages.
Answer Applies to: Oregon
Replied: 5/13/2011
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
Claims against the U.S. Government for Patent and copyright infringements, a taking of private intellectual property, are governed by the Tucker Act of 1887, as codified in 28 U.S.C. 1491. You have to first go through an administrative federal agency prior to filing your lawsuit. If they approve, then you can file your lawsuit in Federal Claims Court, a special court for this kind of cases.
Answer Applies to: California
Replied: 5/11/2011
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