Dessault Systems Solidworks/CJCH sols - copyright infringement threats

[Mr.P]

I replied with pretty much exactly the same email but this bugger wouldn’t give up, ringing twice a day and emailing incessantly using a lot of capital letters.

 

Perhaps worth instructing them to read the Protection from Harassment Act 1997 and then for them to consult a qualified lawyer versed in such matters.

 

In the meantime, I can recommend HeeksCAD as a worthwhile alternative for 3D CADCAM and it won't cost you a penny.

[stunned_monkey]

Another update:

 

After a week or more of silence I got a letter, registered post from the lawyers, STILL banging on about commercial misuse. Within this letter was a connection between a mac address and my domain. It is indeed the mac of my network adapter, but they can't know that.

 

I emailed a response (as invited) in which I asked them how they made this connection, in accordance with PAP. Apparently the software sniffs out non-personal information and reports it in accordance with EU law (which I checked).

 

Then it gets more interesting.

 

A reply email tried to suggest that a cad package could be used for parts management (ie like a shop - my little on-line shop offers about 15 items for sale) which is daft, and that their connection with my domain was sufficient to prove commercial use. Then something really laughable: They pointed out my email header and their software had logged the same machine IP address, and cited a 192.168 address. As a former IT engineer, this was immediately preposterous and is somewhat akin to the use of 555 phone numbers in american movies. Most home routers serve 192.168 addresses, and many will serve the same address to the first/only machine on the network.

 

This is somewhat moot as I haven't tried to deny the use of their software, just truthfully letting them know it hasn't been for commercial use. But maybe this will be useful to future visitors.

 

I replied saying that all they had was evidence of a shared machine being used to collect email. I stated again that I wasn't using SW for commercial use, that they were wasting their time yet there didn't seem to be anything I could do to convince them otherwise. I told them I couldn't afford the software and that it isn't of much value to me other than to learn it (true). Also politely suggested that they should avoid citing 192.168 addresses in future.

 

Silence now for 2 days.

[stunned_monkey]

Perhaps worth instructing them to read the Protection from Harassment Act 1997 and then for them to consult a qualified lawyer versed in such matters.

 

In the meantime, I can recommend HeeksCAD as a worthwhile alternative for 3D CADCAM and it won't cost you a penny.

 

Much obliged on both counts

[Mr.P]

They pointed out my email header and their software had logged the same machine IP address, and cited a 192.168 address.

 

Priceless.... Checking my IP address, I get:

 

root@home:~$ ifconfig eth0

eth0 Link encap:Ethernet HWaddr

[redacted]

inet addr:192.168.0.4 Bcast:192.168.0.255 Mask:255.255.255.0

inet6 addr: fe80::221:85ff:fe18:6edc/64 Scope:Link

UP BROADCAST RUNNING MULTICAST MTU:1500 Metric:1

RX packets:13467 errors:0 dropped:0 overruns:0 frame:0

TX packets:12999 errors:9 dropped:0 overruns:0 carrier:0

collisions:0 txqueuelen:1000

RX bytes:10689136 (10.1 MiB) TX bytes:1497817 (1.4 MiB)

[sparty0_0]

Hi Stunned_Monkey .

 

 

Am i glad that i have found this thread after a week of searching the web .

 

 

I have had the same e mail from the company above about Solidwoks .

I am in a bit of a state about it .

I run a small drawing service as a sole trader working from my house .

I just work in the evenings and it is just a bit of pocket money .

 

 

I had the email about solidworks being detected ,

i responded telling them that i don't use it and on do 2D work.

 

 

I have had a weeks worth of sleepless nights worrying about it can you help ?

They sent me an email back saying that i should contact a guy at Solidworks if i wanted any info .

 

 

I havent sent anything else since .

You seem to be alot more in the know than me .

 

 

Any help would be much appriciated as i am quite frankly scared to death by it all .

[honeybee13]

Hi Stunned_Monkey . Am i glad that i have found this thread after a week of searching the web . I have had the same e mail from the company above about Solidwoks . I am in a bit of a state about it . I run a small drawing service as a sole trader working from my house . I just work in the evenings and it is just a bit of pocket money . I had the email about solidworks being detected , i responded telling them that i don't use it and on do 2D work. I have had a weeks worth of sleepless nights worrying about it can you help ? They sent me an email back saying that i should contact a guy at Solidworks if i wanted any info . I hav nt sent anything else since . You seem to be alot more in the know than me . Any help would be much appriciated as i am quite frankly scared to death by it all .

 

Hello and welcome to CAG. I'm pleased that at least you have found someone with the same problem here.

 

If you have other questions, it would be better to start a new thread of your own and monitor stunned_monkey's to see how they get on. Hopefully some moral support will make you feel a bit better, we're all here to help.

 

My best, HB

[sparty0_0]

Thanks . Yes hopefully this will help . I look forward to seeing what happens

[dx100uk]

you ignore them

nowt they can do.

 

 

dx

[sparty0_0]

Well that's my plan , but don t know anything about the law . Can they just not take me to court any way ?

[Ganymede]

you ignore them

nowt they can do.

 

 

dx

 

 

Probably, but that's not always true as we don't know very much detail.

 

Sparty, are you categorically denying ever downloading, installing or using a trial or full version of their software? Even just for "fun" and not for business use?

[stunned_monkey]

Hi Sparty. What follows is my opinion -please take my advice with due caution. I'm no legal eagle!

 

Firstly, you're in the right place. Just try and ignore those who basically say "well, you made your bed, you lay in it" because the advice from others will have value that you wouldn't even get from a solicitors. I speak from past and present experience. I wouldn't have known to look up exactly how many times they've actually taken anyone to court over this (zero - see previous post on this thread), and also knowing examples of successful, big cases resulted basically only in forcing the infringer (is that a word?) to buy a license. Someone else further up very helpfully explained how heavily weighted the law is in (y)our favour.

 

It's also pretty common knowledge that SW is easy to pirate and isn't available for a reasonable cost to people like you and me - I certainly would buy it if it were. They aren't interested in chasing down the little guy, but I think they're taking the approach of pushing as many scary buttons as possible to make you cough up.

 

If they put you in touch with their UK reseller, that guy is a total so-and-so. He acts just like a debt collector and I blocked his email and phone numbers after the first day (I use call control for android to deal with the phone calls). If you have admitted using it, just make it very clear that the software has little value to you - ie you've generated little of value with it - this is something they need to show in order to claim damages - and that you couldn't afford it anyway. You may wish to do this n writing, although I did it over email with the solicitors after they sent me a copy of all the emails in the post.

 

Read up on pre-action conduct, what they must tell you and when. Ignore the "you must reply within 3 days" as this is clearly outside that law. I asked them to tell me how they'd made the connection with my business, and they had to admit all they had was a shared machine being used to collect email. He also tried to tell me they already had adhered to PAC but it's right there in black and white what they need to do and they hadn't. That and the citation of a 192.168 address pretty much confirmed for me that they were just employing scare tactics.

 

If you've told them you aren't using it, stick to your guns and force them to tell you why they think you are. All they';ll have is a mac address collected by their software and your domain. They can't prove it's your mac address, and they won't know how many people have email addresses attached to your domain. It could be anyone, right?!

 

I've also now blacklisted the solicitors email domain so they can't contact me other than in writing. I suggest you do the same. There;s a reason for insisting things are done in writing and that is because by law you can consider it as having arrived if sent. I have found this to take the pressure off considerably. If they really care, they'll write.

 

[i've mentioned debt collectors a couple of times now - this is how I originally found CAG several years back and the people on here were invaluable and empowering me in dealing with them. Eventually I had many thousands written off by following the advice here and forcing my creditors to stick to the law. I'm now comfortably in the black and finding my experience then has apparently left me with a healthy level of cynicism towards legal threat-o-grams! If you come through this as a result of CAG, please do as I did and drop them a donation ]

[sparty0_0]

Thankyou for making me feel better about it all . I thought it was a scare tactic but you never know . I think they know that anyone receiving an e mail from a soliciter with panic people . I do have an unsecured wifi router that many people have used including customers with their laptops . As I thought they have to proove that it is your machine which I'm assuming they can't ?

 

So you would recommend just not replying to either the soliciter or the sw chap when he starts on me ?

 

Are you still getting letters from them then ?

 

And I will def make a donation if I don t get cleaned out by solidworks ha ha

Edited April 17, 2017 by sparty0_0

[stunned_monkey]

So far I've had only the one letter from them. I recommend you force them to tell you exactly how they've connected you to the use of their software. If, like me, they've sniffed an email connection and went after the owner of the domain, you have an easy argument that many people have emails on that domain.

[renegadeimp]

Are they emailing or sending by post? If email, block it. Theyre phishing for a bite.

[dx100uk]

phishing trip ignore

[sparty0_0]

Email so far . I thought it was a bit unofficial .

[sparty0_0]

What a suprise , Iv just had a missed call from The solidworks 3ds guy . Won t be answering that then .

[stunned_monkey]

Spanish number but English Chap, right? Was it to the number on your website or the number you have in the phone book stacked to the address to which your domain is registered?

 

He then passed me to the ****er at their UK reseller

[sparty0_0]

Its a spanish number , And he would have phoned my number on my website . it re directs to my mobile . It is the same as my home number .

 

I did nt answer but he sent me an e mail saying that he can talk to me about bringing my company in to complience . I dont have a company , its just me under a name .

Edited April 18, 2017 by sparty0_0

[renegadeimp]

If theres nothing by post, so far, ignore it. Block the email, block the phone number.

[sparty0_0]

Just a thought . I am actually covered by a company licence by my full time job . Is this worth mentioning or would they say it is nt relevant ? And any more letters from the solicitor Stunned Monkey ?

[renegadeimp]

I wouldnt say anything. Just ignore it . If youve had NOTHING by post, then theyre phishing and hoping to trap you into an admission or corner.

[sparty0_0]

Well its only a matter of time as Stunned Monkey has had one . I thought id send them an e mail setting out why they are barking up the wrong tree and then ignore them ?

[renegadeimp]

But you havent had one yet. Dont fall for their trap. It's a massive phishing expedition theyre on.

[sparty0_0]

ok will do ,Ill save the email for then .

 

One other thing . Have there been any other people who have had this ( apart from stunned Monkey ) ? My Private work name Starts with an "A" Im just wondering if they are starting at the start of the alphabet and going through it . This might explain why there have been no cases taken to court yet ?