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I have also been emailed by a solicitor claiming copyright…

Hello my name is***** have...
Hello my name is***** have also been emailed by a solicitor claiming copyright infingment on one of my computers. We are in the UK and we employ several people all of who have access to computers. They claim to have recorded 2 incidences of infringment on one computer in our IP they say they have a MAC address and would like to settle amicably and need us to do a complete audit.
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Customer reply replied 3 months ago
For attention of Mr Lucas Austen-Meek, Managing Director, INK MONKEY LTD.Dear Sir(s),I telephoned your offices earlier today and spoke with Me Steve Day with reference to the ongoing legal case brought by our solicitors CJCH of Cardiff, who represent my employer, owners of SOLIDWORKS software. I work in License Compliance and offer mediation so as to bring to a close legal matters amicably on behalf of Dassault Systemes SOLIDWORKS Corporation. Please find within this email an extract of evidence from the file against INK MONKEY LTD, being handled by our lawyers, CJCH Solicitors of Cardiff.Our legal department have captured two separate illicit license serial numbers in use, amongst other technical data, which emanates from a single PC that connected to your company’s domain. In the opinion of our legal experts, the usage that has taken place at INK MONKEY LTD and was in fact unauthorised, i.e. this may be a case of copyright breach of our software. As such my employer, DASSAULT SYSTEMES SOLIDWORKS CORPORATION, would like your business to consider a purchase of legitimate software licenses to pay for what was used. This would be our preference, namely, that our two organizations were to reach an amicable settlement and avoid a legal escalation.Our legal team have captured evidence showing two copies of non-authorised SOLIDWORKS software (both being used on the same computer). The products detected are:-- 1 unauthorized version of SOLIDWORKS PREMIUM ‘CAD’
- 1 further illegal copy of SOLIDWORKS INSPECTION PROFESSIONALThe PC with our software has connected to the following Domain (registered to your UK business):-inkmonkey.co.ukThe last recorded date on which the illegal copies of SOLIDWORKS were used was:-13th March 2018Please conduct a detailed internal IT Audit within next 48 hours, which includes the following parameters:--company owned assets
-home or remote based PCs that connected to your network on the relevant dates
-any PCs belonging to any 3rd party to whom your company gave Domain access (eg through your Guest Network or via Wi-Fi)CJCH Solicitors have specific infringement data related to the PC in question, and these can be provided to your company, if appropriate. If you do wish to see the extra data, please write to the solicitors directly by email to request that they share this information. The contact details for the relevant member of our legal team are in the notification letter (see attached PDF).For clarity therefore, the purchase of the requisite licenses that Dassault Systemes SOLIDWORKS Corporation would accept, in terms of full & final settlement, is made up of the following:-• 1 SOLIDWORKS PREMIUM ‘CAD’ License
• 1 SOLIDWORKS INSPECTION PROFESSIONAL License
• 1 yearly Subscription package for each of the above (software support for first 12 months)
This settlement offer is dependent on your company paying a reseller in full, such that they can place their corresponding order on Dassault Systemes SOLIDWORKS Corporation prior to cob 29th March 2018 (i.e. 14 calendar days after our lawyers’ notification letter was sent).I look forward to hearing from you soon.Regards,
Customer reply replied 3 months ago
This is a response we are thinking of sendingInk Monkey Ltd
Unit*****
LeedsFAO CJCH
Williams House
11-15 Columbus Walk,
CardiffREF(###) ###-####
Dear Sir/MadamWe are writing in reply to your letter of claim dated 16/03/2018 stating use of software namely ‘Solidworks’ We note that it is addressed to a Ben Jones-Fenleigh of whom we have no knowledge off and that we are not being accused of the infringement, as you have not provided any evidence to this effect.Nevertheless, we categorically deny any offence under sections 16(1) (d) and 20 of the CDPA 1988. We have never possessed a copy of the work in any form, nor have we distributed it, nor have we authorized anyone else to distribute it using our internet connection. We note that section 16(2) of the act requires a person to either directly infringe copyright, or authorize someone else to do so. We have done neither, and you have not provided any evidence of us doing so.As you seem to be perfectly aware, it is impossible to link an IP address to a particular person or computer without further detailed analysis, which requires a level of expertise we do not possess. As such we can only conclude that we have been a victim of foul play.As far as we are aware, there is no law in the UK under which you could properly hold us responsible for an infringement occurring via our internet connection, without either our knowledge or permission. We would be interested to hear your legal basis for attempting to do so.Please inform your clients that if they wish to pursue this matter further, we will seek to recover all our costs to the maximum permitted by the Civil Procedure Rules.Regards *****
Customer reply replied 3 months ago
They have just sent this in reply to Lucas's email (not the one above)Dear Lucas,We appreciate the effort made so far by INK MONKEY LTD. in carrying out an investigation into the ongoing legal case opened by DASSAULT SYSTEMES’ lawyers for unauthorized use of SOLIDWORKS. However, eradicating the software once found will not be sufficient in ending the current legal case against your company. In our view, this issue is a serious matter in so far as it involves possible breach of copyright of SOLIDWORKS software.Earlier today in a separate email, CJCH Solicitors sent your team detailed infringement evidence (see attached PDF) which shows SOLIDWORKS software copyright has been infringement.Unfortunately though we understand from your colleague, Mr Steve Day that you do not use nor do you have a copy of SOLIDWORKS on PCs at your company. Notwithstanding this, even if the company is unable to find the infringing PC, in the opinion of our legal team we have enough evidence to prove ‘use’ did occur and that this usage involved illegal copies of SOLIDWORKS PREMIUM & SOLIDWORKS INSPECTION PROFESSIONAL.Therefore DASSAULT SYSTEMES SOLIDWORKS CORPORATION wishes to receive compensation, through an amicable arrangement, if possible, to end this matter once and for all. Whether or not the usage was carried out by a third party (to whom your firm may have given network access) or a member of staff on your payroll, the issue needs resolving. We feel the company bears corporate responsibility (vicariously) for what happened and we would like you to consider settlement so that the legal case can be closed promptly (without further action).Do you grant approval to have one of our authorized UK Resellers contact your company with a settlement offer early next week?Or would you prefer instead for us to schedule a call with you on Monday 26th March to go through the amicable offer we are willing to put on the table?Regards,
Answered in 20 hours by:
3/24/2018
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Customer reply replied 3 months ago
I have been trying to get an answer for over a week now, please look at my history, I tried customer services but he could only speak english, he certainly could not understand English.This is the first time I've tried your service so we're not of to a good start, however I am willing to continue for now as I am pleasantly surprised that someone is actually watching my progress. Thank You.
Michael Holly
Michael Holly, Solicitor
Category: UK Law
Satisfied Customers: 7,086
Experience: I have 20 years of experience as a solicitor in litigation and other areas
Verified

If this is not a scam it is certainly a try on.

You cannot breach copyright by simply accessing and viewing software.

If you require a license to view their software then they should ensure their software cannot be viewed without one.

They have not established any legal breach of the law has occurred.

Their language is tentative , they use terms such as may be a breach and a possible breach.

Since you do not know the identity of the individual they have traced this back to, you cannot possibly be vicariously liable for his actions.

Vicarious liability applies where an employee of yours does something in the course of his employment which incurs liability.

They are pushing, a legal letter followed straight away by an offer of mediation.

I would refuse to accept any liability

If there are any further points please reply I will be happy to respond.

Kindly either accept or rate my answer on the system so I get credit for my time.

Best wishes

Michael

Ask Your Own UK Law Question
Customer reply replied 3 months ago
Hello Micheal thanks for the reply. I suspected an ‘Ambulance chasing scam’ due to the urgency too settle. They have send a spreadsheet with 3 pieces of info 1 MAC address and two dates. Thats it!We have looked on our system and can not find the software they claim we have.So can I ask is the response we have drafted above ok to send?Very much appreciate your advise, so let me know.Thanks
Steve

The only amendment I would make to the letter is to add that ,whilst the claim is denied in it's entirety, since you have no knowledge of Ben FJ and have never employed him you cannot possibly be held vicariously responsible for any of his actions.

Michael

Ask Your Own UK Law Question
Customer reply replied 3 months ago
Hi Micheal thanks again for the advise I would like to credit you as soon as possible, so do I complete that when this issue is concluded or can I do it now and still be able to request further guidance on this matter as it progresses
Let me know
Regards
Steve

Dear *****

You can credit me now and still request further guidance. Crediting me does not close the question.

Best regards

Michael

Michael Holly
Michael Holly, Solicitor
Category: UK Law
Satisfied Customers: 7,086
Experience: I have 20 years of experience as a solicitor in litigation and other areas
Verified
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