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SmartFlow resources to assist your business with license compliance issues
and software usage analysis.

CarrollA New Idea for Fighting Chinese Theft of American Defense Technology

Tell The Reader More

Kevin Carroll, a partner in Wiggin and Dana’s litigation department, previously reported to the White House Chief of Staff and Secretary of Homeland Security, the Hon. John F. Kelly, as executive director and chief counsel of the U.S. Council on Transnational Organized Crime. China is engaged in an organized effort to mass produce counterfeit goods for resale abroad. This counterfeiting and copyright and trademark infringement harms America’s business owners, consumers, inventors, investors, and workers. The United States must address the issue of intellectual property theft: it can and should act unilaterally to do so. This article proposes a new idea for fighting Chinese IP theft.


Ultimate guide e-book coverThe Ultimate Guide to Fighting Software Piracy

This e-book is the definitive guide on how to address the global software piracy problem.

In this e-book the world’s leading license compliance managers, intellectual property experts, and commercial litigation attorneys share their best practices for protecting your software company from piracy and under compliance, as well as remedies for recovering losses once you have identified infringing organizations..


IQ-whitepaper-thumb-300White Paper: Using Cultural Intelligence to Enhance Your Compliance Program

There are fundamental differences in values, behaviors, and attitudes that are expressed in cultures worldwide, and these have a significant impact on decision-making processes in business situations between different countries. When trying to confront infringers on their own, companies can make costly mistakes if they are not sensitive to regional cultures and laws.



5_dos_and_donts_thumbWhite Paper: The Five "Dos and Don'ts" for Protecting Your Software From Piracy

1. Maximize your U.S. contacts
2. Beef up your software license agreement
3. Build evidence gathering technology into your software
4. Make sure your policing efforts are timely and you are serious
5. Prioritize your efforts



Hall Govt coverWhite Paper: Software Piracy and IP Theft - Here's what your government is NOT doing for you

Many people think the U.S. government is fervently using law enforcement and national security resource to protect citizens and companies from cyber threats and IP theft. This is not true. This white paper will help you understand what the government is NOT doing for you and how you can protect yourself.



Learning Center

Useful information on piracy, copyright infringement, malware, counterfeit software, and more information from our valued partners.

BSA Global Software Survey, June 2018

The Business Software Association's latest software survey, conducted in partnership with International Data Corporation, attempts to quantify the volume and value of unlicensed software installed on PCs across more than 110 national and regional economies. The results show that although chief information officers are aware that using unlicensed software creates security risks, 37 percent of software installed on PCs is still unlicensed. The report thus makes clear that in this era of heightened cybersecurity risk, organizations need to take the critical first step of assessing what is in their network and eliminating unlicensed software. In doing so, they can reduce the risk of harmful cyber attacks and boost the bottom line.

Download the 2018 report >>

CNN Declassified: The Inside Story of Catching a Cyberpirate

Wiggin and Dana partner David L. Hall will be featured on the CNN program "Declassified" on Saturday, September 2 at 9 p.m. The episode focuses on Hall's book, CRACK99 detailing his Chinese cyber piracy investigation and prosecution as a federal prosecutor. 

View the online video feature >> 

2013 IP Commission Report on the Theft of American Intellectual Property

In 2013, the Commission on the Theft of American Intellectual Property released a report detailing the enormity of the issue of intellectual property (IP) theft in the United States and made recommendations for combatting the problem. The commission is an independent bipartisan initiative of American leaders from the private sector, national security, foreign affairs, academia, and politics with three purposes: document and assess the causes and scale of international IP theft as they affect the U.S., document and assess the role of China and other infringers, and propose policy responses to mitigate the damage of IP theft, as well as obtain greater enforcement of IP rights by China and other infringers.

Download the report >>

EU-US Privacy Shield – Practical Guidance for US Organizations

Earlier this month the European Commission adopted the Privacy Shield, the new EU-approved mechanism for the transatlantic transfer of personal data, replacing the now defunct Safe Harbor scheme. This article provides practical guidance for organizations considering self-certifying under the new framework. 

Download the article >>

White Paper: The Dangerous World of Counterfeit and Pirated Software

This 2013 white paper by IDC and Microsoft discusses how pirated software can compromise the cybersecurity of consumers, enterprises, and nations... and the resultant costs in time and money.

Download the white paper >>

National Association of Manufacturers Economic Impact of Global Software Theft on U.S. Manufacturing Competitiveness and Innovation

This study demonstrates that IP theft harms not just the owners, but also the entire U.S. economy. Far too many manufacturers in emerging markets use these practices as a means to compete unfairly with law-abiding manufacturers, costing the U.S. economy jobs, industry revenue and GDP.

Download the report >>


2017 IP Commission Report Update on the Theft of American Intellectual Property

In a newly-released 2017 update to the original report, the commission provides a new assessment of the problem and examines the progress that has been made on the original 2013 report recommendations. The report covers new developments in government attempts to counter IP theft, updated figures on damages from IP theft, and the state of IP regulations and protections abroad.

Download the 2017 report update >>


Supreme Court Declines to Hear Chinese Trade Secrets International Trade Commission Case

Chinese company Sino Legend Chemical Co. was unsuccessful on Jan. 9 in persuading the U.S. Supreme Court to hear its case questioning the ITC's authority to ban importation of its products to the U.S. for 10 years after having found the company stole trade secrets from a U.S. competitor.

Download the article >>

BSA Global Software Security Survey

BSA’s Global Software Survey conducted in partnership with IDC, estimates the volume and value of unlicensed software installed on personal computers in 2015, across more than 110 national and regional economies. It also reveals key attitudes and behaviors related to software licensing, intellectual property, and emerging technologies based on a global survey of more than 24,000 respondents. 

Download the survey >>

APT1: Exposing One of China's Cyber Espionage Units

This report is focused on the most prolific cyber espionage group Mandiant tracks: APT1. This single organization has conducted a cyber espionage campaign against a broad range of victims since at least 2006.

Download the Report >>