What is Bonjour software?

I inadvertently put counterfeit software for sale. The software vendor wants me to settle. What should I do?

• In August 2013 I purchased on eBay a used copy of a language learning software program for $150. I never used or installed it since, in the meantime, I had purchased a new copy of the latest version on Amazon. A couple of months ago, I decided to sell the unused old version back on eBay. Two days later the item was pulled from eBay because it was counterfeit, and a lawyer from the software company called me and asked me to return the software and pay punitive damages of $800. I argued that I had no idea that the software was counterfeit. He said it does not matter; selling counterfeit software, even unknowingly, is against the law. I understand the reasoning, but it seems harsh to punish this way a first-time offender with no malicious intent. I might have been naïve, but certainly not evil. Yet he would not let me off with a warning and pursued the punitive settlement. What should I do? A real estate attorney acquaintance of mine said he would not settle; according to him, I should send the counterfeit software back to the company with a note that I've already incurred a loss (the original purchase price), and tell them to have a nice day. Yet, he admitted he has no experience in copyright law. So what should I do? Asking a copyright attorney for advice might cost me as much as settling with the software company, if not more. What say ye?

• Answer:

  In my semi professional experience I think your real estate friend is on the right track. Although they can say you uploaded the software onto a site for sale they should have the burden of proving your intent to defraud their customers. The regulation is: S 92(5) TMA provides the following statutory defence: "It is a defence for a person charged with an offence under this section to show that he believed on reasonable grounds that the use of the sign in the manner in which it was used, or was to be used, was not an infringement of the registered trade mark."