Accused of software piracy by bsa the software alliance. Copyright law in canada is one of the principal means of protecting computer software in canada. Therefore, it becomes essential to protect this software from infringement. Our lawyers have over a decade of experience in canadian. We provide a wide range of legal advice to clients in the software, technology and ecommerce sectors on all aspects of technology and licensing law including the preparation and negotiation of software development agreements, software licensing and distribution agreements, end user licenses, call centre agreements, weblinking agreements, domain name protection, strategic alliances.
What i learned in the last 10 years defending bsa the. Founded in 1995, the association now has over 1400 lawyer members from. Bradford, ontario criminal lawyers canada lawyers and. In short, while they are not a law enforcement entity, but they are a trade group consisting of many software giants. Bsa has a power of attorney to represent those companys rights. I look at these cases as a software defense and compliance lawyer. The canadian defence lawyers is an association of canadian civil defence lawyers. Midland, ontario criminal lawyers canada lawyers and law. Criminal defense lawyers, law firms in canada for every.
I am an intellectual property attorney who has handled more than 230 business software alliance audit matters for small to mediumsized. Criminal defense law firm in toronto, canada 416 9231900. I work with a team of lawyers and technology professionals defending software license disputes involving microsoft, ibm, autodesk, oracle and adobe. Represented canadian printing firm in a software audit requested by the business software alliance. Canadian law is governed by the copyright act, which. Established in 1985, the firm originally operated from offices in west melbourne. We maintain reasonable security controls to protect personal data from. The concept of the right to counsel as one of the most significant manifestations of our regard for the dignity of the individual. Bsa legal are a firm of legal practitioners located in balnarring on the mornington peninsula, who have been assisting the local community and surrounds since 1995. Developing a software application requires a great deal of expertise, time, and effort. While there is no single statute in canada covering all aspects of computer software law, computer software may be protected by. Ontario, canada personal injury lawyer 416 7301777 or 877 7301777. We have experience advising and representing businesses who receive a selfaudit request from vik tenekjian of gilberts llp on behalf of the business software alliance bsa. Greg joined the firm in may 2011 following his return from.
Software piracy claims can ruin your business and reward those. Canadian computer software law has had to evolve quickly to keep pace with the rapid evolution of computer technology. The role of a criminal defence attorney in different societies. We are the voice of the worlds software, hardware and internet sectors before governments and with consumers in the international marketplace. In canada, there are no definite laws for software protection. Small to mediumsized firms are frequently the target of a microsoft audit initiated by a trade group such as the bsa. Commenting on the results, bsa asia pacific compliance programs senior director roland chan said victoria, in particular melbourne, had become a hub for creative industries including design, architecture and engineering firms which all use business software. Canadian defence lawyers cdl is the only national organization representing the interests of civil defence lawyers in canada. Because law firms often bill as a function of time, work time and schedules should be highly organized to produce detailed reports for the inquisitive client. Impaired driving is a criminal offence under the criminal code of canada, and most criminal lawyers will take on cases that involve impaired driving charges. How to successfully defend software audits texas lawyers inhouse counsel summit series of cle events present sessions on the best practices for inhouse counsel in a variety of practice areas.
Case management software has been around for quite some time and in the past decade it has really matured and become highly reliable. I am an intellectual property attorney in southlake, texas who has handled more than 230 business software alliance audit matters for small. Chartered professional accountants ontario has a statutory obligation to investigate every complaint filed against an individual chartered professional accountant, accounting firm or student, if that complaint references behaviour that would be considered professional misconduct as outlined in the chartered professional accountants of ontario. Litigation research on westlawnext canada connects with practical tools for.
Scott, enterprise features, may 2011 i am a lawyer that represents businesses in software audit cases initiated by software publishers and their trade groups including business software alliance and the siia. Bsa worldwide members include adobe, apple, autodesk, bentley systems, cnc softwaremastercam, filemaker, macromedia, microsoft, symantec, and unigraphics solutions. Use findlaw canadas lawyer directory to help find the right lawyer for you and your loved ones. Last month the bsa reached settlements with ron ayers motorsports, sentage corporation and trustile doors, llc.
Legal fees may be tens of thousands of dollars per month typically, a party can expect to spend several thousand dollars per month in court costs to defend against infringement claims. It provides specific education and a forum for information exchange within the membership. We strongly recommend obtaining advice from a lawyer who has experience dealing with the bsa prior to responding to any correspondence that you have received. What i learned in the last 10 years defending bsa the software.
And lest your firm get caught in the dust as your competitors improve their operations, you should now take a serious look at this software. David has appeared several times on canada am, cbc newsworld, bnn as well as in print in the globe and mail, canadian lawyer magazine, lawyers weekly, the toronto star and the new york times. Here come the pretend patriots to loyally defend their fascist state. The bsas lawyers in uruguay quickly filed suit, but dropped the suit in 1997 when antel signed a special.
Using windows home 7 for commercial purposes vondran legal. Sean safa, criminal defence lawyer, is the proprietor of safalaw, a law firm in kitchener that represents clients throughout southwestern ontario. Bsa settles 12 software piracy cases in australia worth. After five years with clifford chance dubai, jimmy joined bsa as managing partner, focusing on developing our practice areas with an emphasis on corporate, commercial and real estate. About the business software alliance bsa audit defense. Prominent software trade groups include the bsa the software alliance. If your company is facing a software audit, you need experienced counsel to protect your business. There are a few key costs to consider when determining how to defend against software infringement claims.
The business software alliance bsa is the foremost organization dedicated to promoting a safe and legal online world. Erp software litigation blog erp software licensing. These companies provide bsa the software alliance a power of attorney to act. In the eula that you acknowledge when installing software there is something in there specifying that companys rights and how they can protect those rights. Sample bsa voluntary software audit letter vondran legal.
Jimmy was one of the legal pioneers who led the development in the regulatory framework of. By scanning canada lawyer lists database of more than 20,000 canadian lawyers and law firms, weve compiled a listing of additional canadian lawyers and canadian law firms that are related to canadian defense lawyers via operating their business in the same location most likely the same office building in toronto, ontario, canada. Cybercrime is a bigger threat than before in the coronavirus disease 2019 covid19 era, with more businesses suffering attacks and malicious cybercriminals taking advantage of the confusion. Software piracy claims can ruin your business and reward. It has been the position of the bsa that windows home 7 cannot be used for business purposes, and that penalties should be paid, and the software should be deleted. The firm is strong on litigation, advising both claimants and defendants on disputes involving patents, trade marks, unfair competition and. Greg smith has been promoted to the partnership at bsa law. We are a fullservice experienced legal firm that is results orientated. Solved anyone have recent experience dealing with the. In accordance with applicable law, bsa uses and allows third parties to use. Crazy vegas judge loses it when he wont worship her. Ten years later, this practice is widely used in software audit matters generally and has become so routine in bsa cases that the bsa lawyers now send us a version of that agreement containing the.
Major antipiracy organizations, like the bsa, conduct software licensing audits regularly to ensure full compliance. It provides legal knowhow that helps lawyers to work faster and to provide advice with confidence. The software included adobe photoshop, acrobat and autodesk autocad. Goldfinger law is a plaintiffs personal injury law firm based in toronto, with additional offices in. Use findlaw canada to hire a local lawyer to help tackle legal obstacles in your life. Our lawyers have the legal and technical expertise to defend your business through. Software selfaudit requests from the business software alliance bsa. The bsa is out to squeeze every last possible dollar out of software users.
Although most generic accounting packages can, with some effort, be adapted for use in a canadian law office, most small law firms prefer to buy an accounting program that is specifically designed for a law office because the vendors of these programs have made sure their program complies with the relevant law society accounting rules. Further, the bsa and many publishers themselves often force customers to pay 3x the software value per license in penalties and then require them. In some countries, such as canada, the applicability of such laws to copying onto generalpurpose storage. About sean safa, kitchener criminal defence lawyer. Our lawyer directory will help you find the best lawyer for your legal issue. This can create a problem if you are trying to negotiate the lowest settlement possible in a software audit investigation with the software alliance bsa. Chartered professional accountants cpa ontario defence. Our clients have ranged from a oneperson lumber shop with a couple of computers to major corporations with more than 25,000 computers. How to respond to a bsa or siia software audit letter without an. Content is available under attributionnoncommercialsharealike 2. Bsa members represent the fastest growing industries in the world. The intellectual property practice at dentons china is led by patent law specialist weidong wang, dualqualified as a lawyer and a patent agent, and the firm acts for clients on a wide range of ip issues.
The true cost of defending against copyright infringement. Plotkin as dealmaker of the year in 2016 for his role securing cfius clearance for globalfoundries multibillion dollar acquisition of ibms semiconductor unit, and again in 2019 for his teams successful and novel efforts in the cfius process to defend qualcomm from a hostile takeover attempt. Sample letter responding to a bsa voluntary software license. The rising popularity of the victim and the new suggested role for the victim. Digital advertising alliancecanada, european interactive digital advertising. The business software alliance bsa is the voice of the worlds software and internet industry translation. Legal accounting software is an essential part of an attorneys practice management system, and frequently revolves around projects and time logs. Sample response letter to a request for a voluntary software compliance audit by the bsa or its representatives. The software alliance, also known as bsa, is a trade group established by microsoft in 1988 to. Media, technology and intellectual property mtip our team provides timely and effective advice on the legal challenges involved in media, technology and intellectual property issues, including intellectual property rights enforcement and defence, drafting of web services and internet agreements, drafting and negotiating complex telecommunications supply and service agreements, addressing the. This is a sample letter we have used, slightly modified, when responding to a bsa software audit letter from a representative of the bsa.
Toronto, canada criminal defense lawyers and law firms. Findlaw canadas directory covers everything from divorce to dui to estate planning. A complete guide to protecting your software in canada. The tools promise to free lawyers and legal assistants from tedious manual form filling and brainbending calculations that are an inevitable. We have created an additional category for impaired driving lawyers since a great number of lawyers specialize in the area of impaired driving, and also due to the fact that most. Bsa legal lawyers solicitors barristers mornington. A scout is helpful and trustworthy, kind and cheerful, considerate and clean, wise in the use of all resources. We have saved our clients thousands in potential penalties and have represented companies across the u. Some vendors will provide discounts if you pay annually instead of monthly. Best criminal defense lawyers in toronto expert recommended top 3 criminal defense lawyers in toronto, on. The role of the defence counsel in canadian society. Copyright infringement is the use of works protected by law without permission for a. This is because good software programmes are able to perform tasks that make your life easier. For large enterprise and midmarket firms, microsoft audits its customers through its software asset management partner channel in what is frequently referred to as.
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