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ARTICLE · 26 JANUARY 2016

A Software Settlement Is Not Complete Until All Obligations Are Met

The majority of copyright infringement claims against consumers using copyrighted software are resolved by settlement rather than litigation, for a multitude of reasons.

United StatesIntellectual Property

The majority of copyright infringement claims against consumers using copyrighted software are resolved by settlement rather than litigation, for a multitude of reasons. In some instances, the settlement agreements contain post-settlement obligations that can affect the release of liability for all copyright infringement claims. The following are the most common examples of the settlement obligations that must be completed in order to secure the release of liability.

  1. Settlement Payment or installment payments.
    The most obvious obligation typically is at the execution of the settlement – the payment. Sometimes the parties negotiate payment terms, so the payments may be made in installments. Regardless, all payments must be made and received in order to resolve the matter and secure the release of liability, or the copyright holder could choose to proceed with the copyright infringement claims in court.

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