1. Case Overview
The client, which operates a small and medium-sized IT company, suddenly received a request for an audit of illegal software use from a domestic software company. The counterparty asserted copyright infringement and mentioned the possibility of legal action, and the client, lacking experience in legal response, requested advice from "Your Legal Team" amid concerns that significant disadvantages could arise.
2. Key Issues and Response
The core issues in this case centered on whether some of the programs installed on the client's computers were properly licensed, and whether the audit demand was excessive or procedurally lawful.
First, after closely reviewing the scope of the audit request and the legality of its basis, we organized the circumstances of installation and use of the programs the client had used on a fact-based footing.
Next, we focused on securing bargaining power by limiting the unnecessarily expanded scope of damages and raising legal objections to the unlawful collection of evidence.
In addition, based on key precedents and practical conventions concerning software copyright, we calculated a reasonable level of damages and presented a settlement proposal.
3. Outcome and Significance
Through the strategic response of Your Legal Team, the client was able to swiftly settle for a small amount-significantly lower than the sum claimed by the counterparty-and to amicably conclude the matter without any separate pursuit of civil or criminal liability. This case is a representative example showing how important it is, in copyright-audit disputes that frequently arise in practice, to accurately grasp the legal structure of the matter and ensure that one's procedural rights are not infringed. It is also a case that demonstrated practical assistance in legal risk management for small and medium-sized enterprises, in that it minimized unnecessary conflict and cost and promoted a prompt resolution.