IP Litigation: Strategy + Negotiation + Trial + Appeal

Law Offices of Darren J. Quinn

Free Consultation: [858-509-9401]

 False, Removed or Altered Copyright Management Information (CMI) - 17 U.S.C. §1202

      "Copyright Management Information" (CMI) is defined to include the name of an author, name of copyright owner, title of work and other work identifying information. 17 U.S.C. §1202(c). CMI can be an artist's signature on a painting or electronic image metadata on a photograph.

A copyright owner may be able to recover damages (including statutory damages between $2,500 and $25,000), defendant's profits and an injunction under 17 U.S.C. §1203 when a defendant falsifies, removes or alters copyright management information (CMI).

​ We have handled civil matters involving falsification of CMI and stripping of CMI from metadata in violation of 17 U.S.C. §1202.

CA Computer Crimes Act - Cal. Penal Code §502

      The California Computer Crimes Act ("CCA"), Cal. Pen. Code §502, was enacted to expand the degree of protection to individuals, businesses and government agencies from “tampering, interference, damage, and unauthorized access to lawfully created computer data and computer systems.” Cal. Pen. Code §502(a).

Under Cal. Penal Code §502(e)(1) "the owner or lessee of the computer, computer system, computer network, computer program, or data who suffers damage or loss by reason of a violation of any of the provisions of subdivision (c) may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief." ​

We have represented clients in civil matters where violation of Cal. Penal Code §502 was at issue, including claims of accessing data via a website and then "without permission" using or copying such data.

U.S. Computer Fraud and Abuse Act - 18 U.S.C. §1030

     The United States Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. §1030(a), prohibits a variety conduct involving access to a computer without authorization or exceeds authorized access. Under 18 U.S.C. §1030(g) "[a]ny person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief.

We have handled civil matters where a violation of of the CFAA (18 U.S.C. §1030) was in issue.