Legal Question in Technology Law in New Jersey

Re: Seller sold me pirated software. What legal action can I take?

The action that you can take against the seller really depends on a number of factors that you did not include in your post, such as where the merchant is located (for example, are they in the US or China?), in what form was he/she selling the software - i.e. a web site, through eBay or other auction site or email solicitation? In reality there may be very little that you can do against the seller if the seller is covering his/her tracks.

Your best bet is reporting the fraud to the companies that transferred the payment. If you used a credit card or on-line payment system such as pay pal, you can dispute the payment with them. If there is still time you could even try to stop payment on a check with your bank.

Consider reporting the problem to the Business Software Alliance that is an industry driven organization that goes after software pirates. They rely on information from individuals such as you to track pirates. The BSA web site suggests "Buyers suspecting software piracy, counterfeit software and/or fraud on auction sites should contact law enforcement agencies and BSA at 1-888-NOPIRACY or www.bsa.org/usa. For assistance in resolving a dispute with an online merchant, consumers can file a complaint at the BBB Web site (www.bbb.org)."

If a merchant won't accept payment through pay pal or a credit card or insists upon a cash payment or won't ship until your check clears, then there is good reason to be suspicious of the transaction. Sometimes if a transaction seems too good to be true, then it probably is a scam.

Regards,

Don Cox