CJCH Solidworks Unauthorised Use

[abman]

Hello all,

 

I have read a good few threads on solicitors fishing for unauthorised use of SW. But it seemed that in each case some sort of evidence was provided and one of the recurring advices was not to reply (if letter was sent via email only)

 

Here is a copy paste of the letter I received (omitted company name and reference numbers just incase the [problematic] roam this forum as well):

 

The letter was headed with FAO: to my name (guessing as they got this as I am the director of my one man ltd co)

 

LETTER BEGIN 

 

Dear Sirs,

+44 (0) 29 2009 9449 [email protected]
 

Re: Unauthorised use of Dassault Systèmes SOLIDWORKS software
Our client: Dassault Systèmes SolidWorks Corporation (‘DS SolidWorks’)

We are instructed by Dassault Systèmes SolidWorks Corporation, 175 Wyman Street, Waltham, Massachusetts 02451, United States in connection with a potential copyright infringement as a result of unauthorised use of its software known as SOLIDWORKS.

We want to alert you to a possible management oversight that could lead to an embarrassing situation for “company name”

We have reason to believe that your company is using a copy of SolidWorks software that is not properly licensed from DS SolidWorks. This would constitute copyright infringement of our client’s SOLIDWORKS software in accordance with the national legislation and could therefore result in a serious and large monetary fines and penalties.

Our client considers any possibility of unauthorised use and infringements of its copyright to be an extremely serious matter that requires your immediate attention.

Therefore, if you believe that our information is incorrect, please confirm in writing within 2 working days from the date of this letter that neither Your Company nor anyone at Your Company is using unlicensed SolidWorks software. However, if you need any licenses to come into compliance, our client will work with you to acquire them.

 

We look forward to hearing from you before 31 July 2019.

In the meantime, our client reserves all its rights and remedies in this matter.

 

LETTER END

 

I was hoping to not reply but I received this while I am away and I had set out of office auto replies. 

 

I am not using unlicensed SW and never have. The licensed software is provided by my client. I think they may have detected some discrepancy for two reasons:

 

1) I downloaded a trial version on the client’s laptop using my company’s details and only used it during the trial (the reseller had actually provided an invalid serial at first)

 

2) I recently bought my own workstation and was given permission to use to client’s license on my workstation as opposed to using their laptop (which is very near its end of life). 

 

Should I respond and if so how should I word my response. I am surprised they never provided any evidence. They also stated ‘by email only’ in the pdf letter as well. 

 

Many thanks,

 

abman

 

[honeybee13]

Hello and welcome to CAG. People should be along to advise later.

 

Have you read other threads here about Dassault Systems?

 

Best, HB

[BankFodder]

I wouldn't bother to respond at all. What is the name of the firm which is sending these messages out?

 

[dx100uk]

yes ignore them

cjch just need staff holiday money this time of year

 

read me

 

 

[BankFodder]

Oh in fact I see that it is this company https://www.cjchsolicitors.co.uk/

 

 

[abman]

I shall ignore if/until they escalate it. 

 

Does the pre-action protocol apply in this case as well seeing that the target is my ltd company rather than me or anyone else as an individual?

[dx100uk]

not seen them progress to a letter of claim