Copyright Infringement Updates – 2018 [New Kid on the Block]?
If you received a legal demand letter from the “IT Compliance Association” (“ITCA”) call us at (877) 276-5084. This is a newcomer on the block for us so we do not yet know if they are a copyright bully or a normal company willing to be realistic. The letter we reviewed showed an audit sheet (called a “usage and license report“) and request for audit. The response is looking for:
- Software installed
- Version number
- IP address
- date installed
- License number
- Host name
- User name
The company appears to be from New York (but also purports to have offices in Cairo Egypt, Malaysia, Moscow Russia, France, Mexico, the Netherlands, Italy, Brazil and Turkey). To me, they need to explain why they are intruding on your business. Since they are new on the block (to us anyway) I think this global company needs to be challenged or at least have their credentials verified here in the United States.
The letter we reviewed came from the apparent CEO of the company.
We have also received a letter from a “license compliance manager” claiming they were engaged by “National Instruments” (a Texas company) to pursue copyright infringement. The letter alleges both criminal and civil sanctions are possible and further states:
- Immediately cease and desist all unauthorized use of the NI software
- Confirm your intention to cooperate with ITCA to resolve this matter by (date stated)
- The ITCA has requested a settlement amount and requesting purchase of the NI software.
Who are they?
According to their website:
“ITCA is the industry leader in protecting companies from the issues associated with software piracy and under-compliance. Our experts have deep knowledge in global and regional intellectual property and software compliance laws. They are seasoned negotiators who work towards revenue recovery and intellectual property protection. Recover lost revenue and build new business relationships by converting infringers into compliant businesses.
ITCA offers a complete package of compliance resolution services, including:
- Software Piracy and Under-Compliance Identification
- Damage Negotiation and Recovery
- Compliance Audits
- Evidence Collection
- Ongoing Management
What software is at issue?
The letter we reviewed states the company whose software is at issue is Materialise NV (“Materialise”), a company alleged to be organized and existing under the laws of Belgium and which states it is a “a preparation and process data for 3d printing software.”
This is truly international copyright law.
The letter might request that you:
1. Conduct a thorough investigation into any unauthorized use of the Materialise software;
- Do not erase or destroy any computer readable license files, directories or project files pertaining to the legal or illegal use of Materialise software (“Materialise Data”); all Materialise Data should be backed up and stored safely and permanently such that the files may be provided as evidence in the event that we cannot resolve this matter amicably;
- Immediately cease all unauthorized use of the Materialise software, and
- Report the results of such research to us no later than 18-04-2018.
Who is Materialise Software?
According to their website:
“Our open and flexible platforms enable players in industries such as healthcare, automotive, aerospace, art and design, and consumer goods, to build innovative 3D printing applications that make the world a better and healthier place. Headquartered in Belgium, with branches worldwide, Materialise has combined the largest group of software developers in the industry with one of the largest 3D printing facilities in the world.”
What are the copyright infringement damages or penalties?
Click here for our video on this topic – Typical Copyright Infringement Penalties.