1. Copyright Lawyer NY | Client Background and Allegations
Alleged Unauthorized Software Download and Use
The plaintiff alleged that the client downloaded a comprehensive software suite, including all subordinate modules, and used the programs in commercial product development.
Based on this assumption, the plaintiff sought statutory damages under 17 U.S.C. § 504, asserted willful infringement, and cited the full retail value of all software components as a benchmark for a higher statutory award.
The client acknowledged limited unauthorized use but disputed both the scope of use and the damages methodology advanced by the plaintiff.
2. Copyright Lawyer NY | Legal Strategy for Damage Reduction
Challenging Unsupported Damage Calculations
The copyright lawyer argued that the plaintiff failed to meet its burden of proving that all subprograms were installed or used by the client.
Under 17 U.S.C. § 504(b), if a plaintiff elects to pursue actual damages and infringer’s profits, the copyright owner must demonstrate actual damages and a causal link between the infringement and the alleged losses.
The defense emphasized that courts generally require competent evidentiary support rather than speculative assumptions regarding comprehensive software usage, consistent with Second Circuit jurisprudence.
Limited Duration and Minimal Functional Use
The defense further demonstrated that the software was installed on a single workstation for approximately four months.
Forensic evidence showed that only a narrow subset of non core functions was accessed and that no commercial revenue was directly attributable to the software use.
These facts supported mitigation arguments under 17 U.S.C. § 504(c), including consideration of non willful infringement and proportionality principles.
3. Copyright Lawyer NY | Court Consideration and Applicable Law
Application of Federal Copyright Damage Standards
The court rejected the plaintiff’s assumption that mere availability of software equated to full commercial exploitation.
Consistent with Second Circuit jurisprudence, the court required evidentiary proof of use, benefit, and proportional harm.
The absence of evidence supporting willful infringement weighed heavily in favor of damage reduction.
4. Copyright Lawyer NY | Case Outcome and Practical Impact
Damage Reduction and Strategic Lessons
This outcome underscores the importance of engaging a copyright lawyer NY with technical and litigation experience.
Copyright disputes involving software frequently hinge on forensic proof, statutory interpretation, and proportionality arguments rather than liability alone.
Early legal intervention can significantly alter the financial consequences of copyright litigation in New York federal courts.
05 Feb, 2026
