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Copyright Attorney NYC Case Study: Software Piracy Allegation Resulting in No Prosecution



When a research professional in Manhattan was accused of unauthorized use of high value engineering software, the matter quickly escalated into a potential federal criminal investigation.

Facing exposure under federal copyright law, the client retained a copyright attorney NYC at the earliest stage of law enforcement contact.

Through careful statutory analysis and strategic intervention, the case concluded without criminal charges.

This case study explains how a copyright attorney NYC evaluated the elements required under 17 U.S.C. §§ 106, 506, and 117, as well as the federal penalty framework under 18 U.S.C. § 2319.

By focusing on the absence of willful intent, lack of commercial advantage, and evidentiary insufficiency, the copyright attorney NYC successfully prevented escalation into indictment.

Early involvement of a copyright attorney NYC proved decisive in securing a declination of prosecution.

Contents


1. Copyright Attorney NYC Manhattan Case Background


A technology sector employee working in Manhattan received notice requesting appearance for questioning regarding alleged unlicensed installation of proprietary simulation software.

The software developer, a European engineering company, identified access logs associated with IP addresses linked to the client.

A copyright attorney NYC was immediately retained to evaluate exposure under federal copyright statutes enforced within the Southern District of New York.

The program at issue was a specialized electromagnetic simulation tool sold under high value commercial licensing terms.

Access records indicated that the software had been installed on a personal device and briefly accessed on a workplace computer without confirmation of an authorized license.



Alleged Unauthorized Installation and Use


The allegation focused on reproduction of copyrighted software through installation without a valid license. 

Under 17 U.S.C. § 106, copyright holders possess exclusive rights to reproduce and distribute their works, and installation of software constitutes reproduction. 

A copyright attorney NYC assessed whether the conduct met the criminal threshold under 17 U.S.C. § 506(a), which requires willful infringement and satisfaction of statutory criteria.
 

Criminal copyright infringement requires proof of willful conduct and satisfaction of statutory thresholds such as commercial advantage, private financial gain, or reproduction or distribution exceeding monetary limits defined under federal law. 

The copyright attorney NYC emphasized that installation alone does not automatically establish criminal liability without proof of willfulness and qualifying statutory factors.



2. Copyright Attorney NYC Manhattan Examples and Potential Penalties


Under federal copyright law, infringement may result in civil damages and, in certain circumstances, criminal penalties.

A copyright attorney NYC must distinguish between civil liability and criminal exposure, as the evidentiary burden differs substantially.

The following examples illustrate allegations commonly evaluated by a copyright attorney NYC in New York.



Common Software Infringement Allegations


Typical allegations include:
• Installing commercial software without purchasing a valid license
• Downloading pirated films, music, or applications
• Incorporating proprietary source code into development projects
• Distributing duplicated or cracked software to third parties

 

In NYC, criminal enforcement requires proof of willful infringement combined with statutory thresholds such as commercial advantage, private financial gain, or reproduction exceeding $1,000 in retail value within a defined period. 

A copyright attorney NYC analyzes whether those elements are satisfied before prosecution proceeds.
 

Potential penalties under 18 U.S.C. § 2319 may include substantial fines and imprisonment of up to five years for qualifying offenses. 

In some cases, employers may face civil exposure if infringement occurs within the scope of employment. 

A copyright attorney NYC carefully evaluates whether the alleged conduct rises to the level of criminal prosecution or remains within civil enforcement territory.



3. Copyright Attorney NYC Manhattan Defense Strategy and Legal Intervention


After reviewing the evidence, the copyright attorney NYC structured the defense around three primary arguments: absence of willful intent, lack of commercial exploitation, and insufficiency of evidence.

Rather than disputing peripheral facts, the copyright attorney NYC addressed the statutory elements required for criminal prosecution under federal law.



Absence of Willfulness and Commercial Advantage


Criminal infringement requires willful violation of exclusive rights. 

The copyright attorney NYC demonstrated that the client accessed the software for limited personal research and educational experimentation rather than commercial exploitation. 

There was no evidence of resale, sublicensing, redistribution, or integration into revenue generating corporate projects.
 

The copyright attorney NYC presented documentation establishing:
No financial gain or commercial advantage
• No integration into client billing or corporate deliverables
• No repeated or large scale distribution
• No prior infringement history

 

Under federal standards applied in the Southern District of New York, absence of financial gain significantly undermines criminal intent. 

The copyright attorney NYC emphasized that while unlicensed use may raise civil concerns, the conduct did not satisfy the criminal threshold under 17 U.S.C. § 506.



Technical Evidence and Attribution Review


Investigators relied primarily on IP address logs, timestamps, and software access records.

 A copyright attorney NYC evaluated whether this information conclusively established personal, willful infringement by the client. Shared network access, limited duration testing, and lack of distribution evidence were central considerations.
 

The copyright attorney NYC argued that IP based attribution alone does not establish the mental state required for criminal infringement. 

Furthermore, there was no proof of distribution or sharing with third parties. 

By challenging the evidentiary sufficiency, the copyright attorney NYC demonstrated that the case failed to meet prosecutorial standards for federal criminal charges.



4. Copyright Attorney NYC Manhattan Responding to Copyright Allegations


Copyright investigations in New York require immediate and informed action.

A copyright attorney NYC advises individuals not to provide statements before understanding the statutory exposure under federal law.

Early legal intervention by a copyright attorney NYC often determines whether a matter proceeds to indictment or concludes during investigation.



Step by Step Response Strategy


Stage | Key Focus
Initial Contact | Retain a copyright attorney NYC before providing statements
Fact Review | Document installation timeline and usage scope
Intent Analysis | Demonstrate absence of financial gain or commercial advantage
Evidence Challenge | Examine IP logs and attribution reliability
Prosecutorial Phase | Advocate for declination of charges


In this matter, the copyright attorney NYC submitted a formal legal memorandum explaining that the alleged conduct did not satisfy the elements of willful criminal infringement under 17 U.S.C. § 506. Cooperation, lack of criminal history, and absence of economic harm were emphasized.
 

After review, federal authorities determined that the evidence did not establish willful infringement meeting statutory thresholds. 

The investigation concluded without filing criminal charges.

This case demonstrates that alleged unlicensed software use does not automatically result in criminal prosecution in NYC. 

By engaging a copyright attorney NYC at the earliest stage, the client avoided indictment and preserved professional standing. 

While civil exposure may exist in certain situations, structured legal defense by a copyright attorney NYC prevented escalation into federal criminal proceedings.
 

If contacted regarding a copyright investigation, immediate consultation with a copyright attorney NYC is essential. 

Early analysis of intent, statutory thresholds, and evidentiary sufficiency can significantly alter the outcome of a federal inquiry.


18 Feb, 2026


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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