Assessing Industry Norms for Security Research in a Copyright Infringement Lawsuit

An Analysis Group team was retained on behalf of a technology company to provide cybersecurity expertise in a copyright infringement lawsuit against a virtualization software company that allegedly replicated the technology company’s copyrighted operating systems and applications on virtual machines for security research and testing. Our team supported an affiliated expert to opine on industry norms for white-hat security research, and to address whether the software company’s conduct constituted good-faith security research and fair use. Our expert submitted four reports. The case settled.