Services · Enforce

Raids, litigation and expert testimony

When an organization refuses to settle, ITCA works with local counsel and the authorities to enforce the publisher’s rights. We prepare court-ready evidence, support searches on site, manage the litigation and explain the technical evidence to the court.

✓ A network of local law firms
✓ Civil and criminal routes
✓ Through to enforcement of the judgment

How it works

Evidence file

Every case file is built for court: sources, identification, correspondence and the licensing gap in one record.

Search orders and complaints

We prepare civil search orders and criminal complaints and support the search on site with counsel and police.

Court proceedings

Through local counsel we seek injunctions and damages, and our specialists give expert testimony.

Enforcing the judgment

We follow through: writs of seizure, contempt proceedings and claims in insolvency.

When it fits

Evidence may be destroyed

A search order or raid secures it before it disappears.

Large or deliberate infringement

Courts award damages at or above the license price, punitive damages and even prison terms.

Settlement has failed

A strong case file makes litigation predictable.

Questions

Can software piracy lead to criminal charges?

Yes. In the cases in our library, courts in India, Italy and Vietnam have jailed, fined or prosecuted people for using or copying unlicensed software.

What damages do courts award?

Courts commonly use the full license price per copy. Some award more: ten times the license value in Brazil and punitive damages in Canada.

Can a company director be personally liable?

Yes. In Trimble v. Quantum Dynamics the Federal Court of Canada held the director jointly and severally liable with his company.

Talk to a compliance specialist

Tell us about your software and markets, and we will show you how a program would work for you.

Contact ITCA