Vondran Legal®—Ansys copyright infringement defense law firm. Potential defenses to infringement—student copy. Call us if you received an ISP subpoena notice from Comcast, Cox, Verizon or another ISP. (877) 276-5084.
Introduction
Vondran Legal® is a clear leader in handling copyright infringement lawsuits filed by Ansys (not Synopsis) regarding clients (both companies and individuals) using unlicensed software for commercial projects and personal projects, including learning with video tutorials. Ansys has for years filed lawsuits in Texas Federal Court seeking to uncover the identity of "John Doe" defendants so they can get their name and address (of the ISP account subscriber) and investigating to see "if there is an engineer in the house," as the engineer is likely the infringer who may have downloaded an invalid copy off an internet website or via torrenting. This blog talks about those who download a student or educational copy from their website (see below) and use this software, which is limited by its terms to educational uses, for example, by students with both undergraduate and graduate degrees. This defense has been raised before—"All I used was their student copy." But, as their attorneys inform me, Ansys does not have pirated copies or invalid software for use coming from their online website. So, this is not likely to be a valid excuse or defense, unless you can show it was a legitimate copy, downloaded from their store, which was used within the terms of use. This may be difficult, and to avoid litigation and having to pay hefty settlement amounts, the burden will be on you to prove your usage was legitimate and valid. If not, you will be treated as a copyright infringer.
Downloaded Ansys student copy
Here is the link they provide to download Ansys student software, which is to be used for educational purposes only.
You can find various Ansys academic/student downloads on this page.
Ansys lawsuit frequently asked questions (FAQ)
Here are the top 3 questions new clients ask us when they have received an Ansys ISP subpoena notice.
-
Can I file a motion to quash to keep my name private and avoid all this?
When clients get the ISP subpoena notice, it informs them that they can avoid having their name released if they file a motion to quash the subpoena and inform them of such. So, many clients ask me if I can file a motion to quash. The reality is the court will not quash the subpoena absent very rare circumstances. Typically, there are no grounds that would warrant such a filing. We have tried in the past, but the courts routinely hold that the Plaintiff is allowed to seek the name and address of the internet subscriber, even if they may not be the infringer. So, fighting this may not only waste time and money but could also raise settlement costs since Ansys would be required to defend and oppose the motion. In the newest case filed in Texas (case #6:25-cv-00292), one party appearing pro se filed a motion to quash. You can find it on the PACER docket, and I am posting it in part here. I expect this will be denied in due course, and I will post that when the judge has ruled.
NOTE: Ansys has already responded to and opposed this motion. Here is the crux of their argument (precedent in the Texas courts):
2. How much am I going to have to pay to get this settled?
This is a question I always get at most every free consultation. How much you will end up paying to settle your Ansys lawsuit will depend on a variety of factors such as:
- Whether or not the use was commercial (note, hobbyist uses will still lead to them seeking payment)
- How heavy was the usage? The more the usage, the higher the settlement typically
- How many products did you use?
- How many computers did you have the software installed on?
- Did you install different versions?
- Were you a student at the time?
- Were you using unlicensed software on behalf of an employer? This could implicate your company and cause greater problems
- What is your financial condition? If you have a financial hardship, we can prove this to help reduce the settlement amount
- Other factors depending upon your case
3. Will my employer find out about this, or can I settle anonymously?
Most cases settle anonymously. All defendants start out as "John Doe" in the lawsuits. That is because they do not yet know your identity when they file the lawsuit. The subpoena is served to uncover or unmask only the name and address of the internet subscriber. Ansys will then learn your name and seek to determine who the infringer is. If you are an individual user, of course there is nothing to worry about, but many times we have corporate users who may have been working from home on behalf of the employer. If Ansys thinks you may have been using their software to benefit your employer, this could raise an issue. However, most of the time if we get the case settled for the user, the employer will be left alone.
Contact a Ansys/Synopsis software defense law firm
Since 2004 Vondran Legal® has been the leading firm for software audits, licensing disputes, and copyright infringement litigation. We have represented both companies and individuals dealing with Microsoft audits, Siemens lawsuits, Adobe audits, Vero and Hexagon cases, mobile application disputes with Google Play and Apple Store, SolidWorks software disputes, Synopsis, and many other software publishers and their trade associations, the SIIA, the Business Software Alliance ("BSA") and the Software Compliance Group. We have the skills and experience in this niche area of copyright law and can help streamline your settlements, stay out of litigation, and resolve your matter privately and confidentially in most cases.
Call us to discuss your case in confidence at (877) 276-5084, or fill out our contact form on the right side of this page, and we will contact you. Many companies make the mistake of hiring their internal corporate counsel or even outside business counsel to handle their case, but this can put you in a worse position if these lawyers, respectfully, know nothing about copyright law and software settlement protocols.
