You should in your reply request them to come to your office on x date for discussion for amicable settlement
Use of pirated software by an employee
DEAR SIR, RECEIVED THIS MAIL FROM A SOFTWARE COMPANY ,WHOSE PIRATED SOFTWARE WAS USED A FEW TIMES BY ONE OF OUR EMPLOYEES WITHOUT KNOWLEDGE OF MANAGEMENT . KINDLY ADVICE ACTION Mail received by us is mentioned below: I would like to introduce myself at the onset – My name is Parminder Singh Sahni and I take care of the License Compliance activity for Dassault Systèmes India & SAARC and we are tasked with ensuring compliance within our customer base. This is further to your ongoing discussion with my extended team and my attempt to connect with you Mr. Nikhil Pathak @ [deleted] towards the unauthorized usage of DS SolidWorks Software usage of your organisation “Picano India” please understand the usage of non-genuine Softwares is punishable offense under Copyright Act which not only open the organisation to Financial Risk (legal penalties or damages) but also to Data In-Security (loss of business critical information). Also to share Software compliance is not about future usage or Requirement of Software or Uninstallation of Infringed Software, it’s about the regularization of software Breach which has already happened in the organisation and has put the IPR of other organisation at risk. DASSAULT SYSTEMES is very serious about the IPR Infringement and is determined to protect its IP Rights, so we will advise you to take immediate steps towards closing this matter amicably without any involvement of Past Usage Charges / Legal Damages / Penalties by or before EOD 22ndMay,2019 and share the proof of regularisation (PO along with Payment confirmation). If we fail to hear, we will be going ahead with the next course of steps to protect our IP Rights. Best Regards,
Asked 5 years ago in Intellectual Property
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8 Answers
Using of pirated software is a crime and this situation is not improved if one of your employees have used this without your permission.
An employee is an agent of the company and hence his actions in discharge of his usual duties binds the company.
So in the eye of law it would be presumed that you provided the said software or the employee with your consent has used this software. In either case the Director or owner of the company/firm would be criminally and civilly liable.
There are ways to safeguard from this situation which though can not be shared in a pubic platform like this.
Stop the use of the software right now. Communicate them accordingly. It is advisable to go for an amicable settlement of the issue. In case of any unreasonable claim find out cost benefit ratio and decide whether to defend legally to mitigate the demand.
Hi,
You suggested to just confirm that contents of the email are correct or not. If you have used the pirated software, you are suggested to remove that immediately and use the better substitute and licensed software. Then reply the sender of the email that his stated allegation is false and the said pirated software is not being used. If you have not been using that software, you are suggested to strongly oppose his version and make counter claim for defaming you.
See you can reply to the mail that you have no information regarding the use of the software upon there mail you found out that it was used by one of your employee without authorisation for own use not for company's use so the proper person against which the company should take action is the employee. And further show that you have given show cause to employee and he has discontinued the use and sit with them and settle amicable
or
You can deny such use in mail totally and can ask them time for meeting in same you can discuss and close the matter so that nothing gets recorded in the conversation.
Hello
tender a reply to them and show to them that other computer in your organization uses genuine software and one of the employee at personal level was using this pirated version and you have taken strict action against the said employee.
regards
The infringement action can be taken by the company whose software was infringed. You can terminate him from your company on this ground
If you trust this message as genuine and from your background verification if you have found that your employee had been indulging in such illegal activities you may first ascertain the facts and then issue a memorandum to your employee concerned asking explanation to show cause why action should not taken agaisnt him for the alleged illegal activity which is not only spoiling the company's name and reputation but also amounts to breach of various IPR and bringing disgrace to the company as well as the company is subjected to appropriate legal action by the affected parties due to this illegal activity of the said employee.
If the offence is confirmed then you may even terminate the employment of the employee without any notice for the said reason, you may refer to appropriate clauses in the employment offer letter.
