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 Need help. Got letter from Lawyer

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TS0127671115
post Apr 9 2019, 10:12 AM, updated 7y ago

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Hi all,
Need some advise from you guys. My company just got a lawyer letter stating they represented some USA 3D CAD Software company (not Autocad).
The letter said they have online activities that ties one of our computer in our network is using their software. They reveal the computer name that is one of our domain PC.
The registered mail asked us to contact their lawyer in 7 days to settle this.

So now how? what option do I have? And are there sufficient evident for them to bring our company to court?
TS0127671115
post Apr 9 2019, 10:23 AM

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The letter not from from software company. It was sent buy lawyer firm that said they represented the software company.
TS0127671115
post Apr 9 2019, 10:29 AM

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QUOTE(omnimech @ Apr 9 2019, 10:23 AM)
I can assure you that is very normal especially for niche software.

I deal with this on a corporate setting a lot .

Thats why I asked the TS, whether they knowingly use this software via pirated means.
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reply let's say we use it in pirated means. The software released in around 2010.
TS0127671115
post Apr 9 2019, 10:54 AM

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QUOTE(C-Fu. @ Apr 9 2019, 10:34 AM)
like standard sop for scaming.. better check first before making action
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That's why I asked everyone here for what my best action is.

To conclude my case. One employer of my company really installed the software in one our our domain PC and using it. I checked, it was installed August 2018.
The letter comes from Lawyer firm with letterhead and contact info of the lawyers and they 'encourage' us to contact them asap.

My thinking is take the PC and make it disappeared. Because uninstall or format the PC won't work, they probably have the MAC address of the motherboard already.
Then ignore the lawyer and see what they do next.
I just want to cover all my grounds here. I would like to know the online activities that trace back to our company IP address etc. Is it sufficient evidence to bring any
lawsuit to our company under Malaysia law.
TS0127671115
post Apr 9 2019, 12:14 PM

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QUOTE(WongGei @ Apr 9 2019, 12:01 PM)
1.) How much does the software cost?
2.) Do you really need that software for your business or is there any alternative.
3.) If you really need that software, just pay the license.
4.) If you cannot afford that software, find the alternative.
Simple as that.
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We need to use the software, many years ago it cost around rm20k.
But at this point I am not sure buying the license now can solve anything. If we have a guaranty that buying the license now can resolve this
then we might buy it. But question is how do get get the assurance?

TS0127671115
post Apr 9 2019, 04:53 PM

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QUOTE(omnimech @ Apr 9 2019, 10:23 AM)
I can assure you that is very normal especially for niche software.

I deal with this on a corporate setting a lot .

Thats why I asked the TS, whether they knowingly use this software via pirated means.
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So let's say the legal firm is legit. Case like this usually how to settle? How much they will ask for and what happens if I ignore them?
TS0127671115
post Apr 10 2019, 08:30 AM

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QUOTE(System Error Message @ Apr 9 2019, 11:01 PM)
niche engineering software only knows if the software manages to communicate with server (something crackers would take care off), most of the time when you get a letter like that its because you torrented something, opened it and it was fake, basically something they use to try and get rid of pirates even though the software/video is fake.

A lot of niche software companies do not bother trying to fight the pirates, when people cannot afford to buy your software its not going to help trying to go after them, so if its a company from the US, its something they would already know but any company that knows you use their software to make money but not pay for it will obviously go after you, but this rarely happens and usually caught when audited.

So just audit your own company to show that such claim is not true. If you did find the software, just claim that the install was not authorised and removed (you can prove this if your company doesnt use said CAD to make products, by showing what you use for your products).

Most of the time these letters are scams/fakes, basically legit company that release fake stuff to make people who want to pirate download it, its easy and cheap to have thousands of seeds for it and torrents let you track who your seeds and peers too so when you try and search for their product, the fake pops up in a favourable way.

The reason i say this is because only 1 PC was said to use it when it seems his company has many PCs, so this seems to me like the case of an unauthorised install or fake for tracking. This is one reason for tight control over your network and PCs and the only way if this is a legit claim is to have a proper audit that shows otherwise (including that you never touch their product when you make yours) and that such a thing was unauthorised and to thank them of exposing a vulnerability in your network.
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Thanks for the insight. But in this case, the one Pc that they pin point did have the software installed no torrenting of the software ever happened. One post here did say the software might contain backdoor. The software was cracked version downloaded off internet. The cracked method involved replacement of "host_id " and replacement of a program file etc.
The lawyer letter claimed that we are using that software and no record from the USA software company that we had ever purchased it.
TS0127671115
post Apr 10 2019, 09:26 AM

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QUOTE(lawrencesha @ Apr 10 2019, 09:03 AM)
You lucky didn't kena raid. When I was much younger (late 90's), I used to work for Business Software Alliance (BSA). Based on whistle blower, we raid offices.

Armed with a team of Penguat Kuasa (gomen officers), lawyers, tech (me and some other computer guys) and a court warrant.

We removed all the staffs from the office, check every PC for software. Then ask the company to produce the license. e.g. If got 20 MS Windows and 15 MS Office, they need to produce the said amount of licenses. Failure to produce the licenses, each offence is fined RM20K.

One of the office I raided got over 50 PCs. Fully installed with Windows, Office, Adobe suite (it is a publishing house).

Lawyers sit down with the boss to settle. That day cannot settle. We bring lorry and confiscate all the PC as evidence, pending court case.

After that, the lawyers bring us to hotel for buffet. Give us RM300 for a day's job.
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We have bought all software licences beside this one, microsoft and autodesk.
The 3D CAD software was price around 20k and we do not use it for our actual work. Just occasionally when we want to make new product one of our drafter create a 3d model for own viewing purpose.
If the software price is rm20k, the fines (if got caught) is also max 20k, what would one do?
TS0127671115
post Apr 10 2019, 03:48 PM

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QUOTE(nxfx @ Apr 10 2019, 12:55 PM)
but how did they know your company name/company address to send you a letter ?
are you using fixed IP ?
still think some kind of scam.
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Yes. We use fixed ip lease line. The letter also came naming all names of our company owners. They sure had done some homework already.

 

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