Solidworks - another nasty story with CJCH and the mediation team (help needed)

[Imperator_luke]

Hi All and welcome, it is my first post here! I hope somebody could help me here.

I have read several similar stories but mine may be a little different.
Apologise for the long writeup but I wanted to give as many details as I could - to assist me correctly.

Unfortunately I have found your forum too late and I have been engaged in correspondence with the mediation team representing SolidWorks.

Key facts:

• I am running active LTD company
• Company is registered under my private home address so anybody can find my real address searching my company name
• I have full access to a purchased version of their software at my job
• I have received the CJCH email regarding allegations of unauthorised usage of their software by my company. They requested to respond in 3 days
• CJCH - they seem to be legit solicitors according to SRA - and more interesting info can be found searching google using phrase: cjch solicitors scam
• I have not responded to the CJCH, so the mediator stepped in
• I have unfortunately started the conversation with the mediator (only through emails)
• I have not explained them that my home (which is my company address too) occasionally has friends or guests who connect their personal devices to my WiFi network, but I am not aware of what they do on their computers.

Here is the story:

The mediation process initiated by the team aimed to resolve the matter without conflict and in an amicable manner. They insisted on a phone call very aggressively but I denied.
Initially, the mediation team asserted that my company had been using software without the necessary licences, which they claimed constituted copyright infringement. 

I said that our company has always ensured that all software used within our operations is properly licensed. 
Furthermore, I clarified that our office is registered at a private residential property, and we maintain strict separation between personal and business activities, including the use of separate machines dedicated solely for business purposes. 

I have asked for evidence.

The mediation team provided the information below. Additionally there was no date no ip or time provided when this occurred. It consisted below information:

• MAC Address: (some MAC address)
• Hostname: (A hostname)
• Username: (a username)
• Email Address: (here is interesting thing - they put my company email address here - but you can find it in the internet anyway)
• Keyboard Language: (they added this too)
• Product: SOLIDWORKS
• Release: (they provided the release number)
• Blacklisted Serial Number: (they provided the long sort of licence key)

I have checked the PC's at my home for the MAC address and it was not matching the records.

Here may be the key point where some of my guests have been using the software on their PC without me being informed but i am unable to prove it (and obviously i would not want to snitch on somebody)

The mediator did not want to consider what I was telling them anyway and I was offered two options to resolve the alleged issue:

• making a payment for damages to their compliance department
• or acquiring a software licence.

I explained that as a small company with limited funds, I did not see the need to purchase a licence at that moment, especially when I already had (and still have) legal access to their software at my job.

I expressed my willingness to consider purchasing a licence in the future, particularly if I decided to leave my current employment (where i have a full access to legally acquired SW licence).

Throughout the correspondence, I consistently highlighted my innocence and emphasised my willingness to resolve the matter cooperatively.

The mediation team's approach appeared to be coercive and focused on pressuring me to comply with their demands rather than reaching a fair resolution.

• I then asked to stop this nonsense and urged to cease these unfounded allegations.

The mediator interpreted my last response as unwillingness to cooperate. Consequently, they decided to close the mediation process, deeming it unsuccessful, and indicated their intention to escalate the case to their legal representatives.

I got very stressed about it. As a result, I decided to bring the discussion to a close and requested details on purchasing a licence, including the cost for the standard version of the software.

• Mediator responded that the case value is higher than a standard licence cost, and they will negotiate for me. (Not giving any figures)

Now when I want to finish this nonsense - they want to take as much money as they can from me.

This started to be really disturbing…

---------------------------
At this stage I have stopped sending more emails to them, because I found your forum and I kindly seek assistance and guidance from you good people to address this situation and protect my rights without succumbing to undue pressure or unreasonable demands..

1. My first question is - is it too late to start ignoring them and see what happens next?
2. Second - do they (solicitors) have any legal powers being registered and regulated by SRA? Can they take people to court and do anything nasty?
3. What if i would purchase a licence from other distributor who is really friendly and will provide me with a normal price of the software? (i am asking as the mediator said that purchasing somewhere else will not close this case).
4. What is your advice if you were in my situation?

Many, many thanks in advance!

[dx100uk]

IGNORE THEM!!

dx

[Imperator_luke]

Thanks DX for straight answer! Appreciate that!

Would you ming do elaborate specifically on this:

• do they (solicitors) have any legal powers being registered and regulated by SRA? Can they take people to court and do anything nasty?

[dx100uk]

no solicitor can bring any court claims (unless its a debt someone owes THEM hence they are the 'owner')

they can only act upon instructions from their client and my dog doesn't always sit for me either.

not sure why you thought otherwise?

only the owner of a debt can ever launch a court claim against anyone.

sorry you broke the golden rule with these type of scams, just like any DCA chasing a debt,

NEVER EVER EVER engage in pointless letter tennis communications by ANY METHOD.

ignore everything unless you ever get a letter of claim by surface mail.

end of!

[BankFodder]

If they continue to hassle you – then you should ignore them that if you really want to ask a relevant question – you should find out that if they consider that they have suffered some loss as a result of some copyright breach – which you deny anyway – then what is that last, how do they calculate it and what evidence they have and they should provide the evidence immediately.

We would all love to see that here

[Imperator_luke]

Thanks for the clarification, i see it now clearly.

Of course that solicitors are doing what are instructed.

This leads to another question - have they ever been instructed to do something in regards the alleged breaches?

I do not want to deal with them at all.

I understand that was a rhetorical question, BF. I'll continue to ignore any future correspondence.

Just panicking a little, hence I'd rather ask twice to check if I understood correctly.

Many thanks!

[dx100uk]

read around ....ever found any.... no...cause it's a scam.

not sure exactly what are you panicking about..no-one can do anything.

any mac address can be faked, cloned, masked etc 

same as IP addresses

same as email addresses.

not legal proof. just ask ACS Law and Andrew about all this piracy scamming and where it leads them...

replace the label 'mediator' for 'salesperson'.

just ask