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ARTICLE · 17 NOVEMBER 2022

"Don't Copy That IP!" Pirated And Counterfeit Software

Counterfeiting and especially piracy are sometimes called "victimless crimes."

LuxembourgIntellectual Property

Counterfeiting and especially piracy are sometimes called "victimless crimes." But while pirating or counterfeiting a highly profitable product like software might not be violent or physically injurious, there are certainly victims. And this harm caused can extend far beyond software developers.

Clothing — particularly footwear — holds the regrettable honor of being the most commonly counterfeited product type, with apparel vendors in 2020 losing about $26 billion USD in direct sales due to fakes. But bogus software presents significant risks in our tech-driven world, and we must fully understand the problem to tackle it, upholding the underlying Intellectual Property (IP) in the process. This starts with the distinction between pirated and counterfeit software.

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