Compliance & Enforcement
COMPLIANCE & ENFORCEMENT
Unlicensed software is unauthorized use or distribution of copyrighted software.
It includes downloading, sharing, selling, or installing multiple copies of licensed software. Unlicensed software use also includes license infringement – installing a piece of software more times than the license permits – as well as sharing software license codes, uploading software codes to websites so others can download and use it, sharing software license codes or activation keys, as well as user IDs and passwords for web-based software applications.
Unlicensed software use is illegal and can result in both civil as well as criminal penalties. It exposes businesses and consumers to security threats including malware, ransomware, spyware and viruses, and leads to decreased efficiencies in organizations. Those who are aware of unlicensed software use at end-user organizations are encouraged to report it to BSA through our confidential online reporting site at www.nopiracy.org.
Intellectual Property Enforcement Actions
Biostar Technology International, LLC. Since at least as early as November 2010, Biostar has used several variations of DIACOM, BIOSTAR and VECTOR (Collectively used here as the BRAND) as a trademark for its many medical devices. In addition to its common law rights in many trademarks incorporating the BRAND, Biostar also owns federal trademark application Serial No. 88/054,147 for for “Medical products, namely, biofeedback sensors; biofeedback therapy device; biofeedback therapy apparatus incorporating biofeedback software; integrated medical examination systems comprising medical devices and computer software for information management for use in assessment of patients.” Biostar has spent a significant amount of time and energy developing the goodwill that consumers associate with its BRAND trademarks, and it must police infringing uses of trademarks incorporating the BRAND for related goods and services.
In addition to its trademark rights, Biostar also owns the software that is used by it medical devices. Because Biostar’s BRAND of biofeedback devices are some of its core products, Biostar also owns a US federal copyright for the software that runs those devices. This software is not only protected by copyright, the source code is a trade secret owned by Biostar that it carefully protects.
In the U.S., federal law protecting trademarks makes it illegal to knowingly traffic counterfeit goods, which includes the production, sale and transport of such goods.
The maximum penalty for first-time offenders trafficking in counterfeit goods is 10 years in prison and a $2 million fine. For second-time offenders, the penalty is 20 years and a $5 million fine. In addition, if a corporation traffics in counterfeit goods, it can be subject to a fine of $15 million.
Updated on: 13/12/2021