Pirated software compliance email from autodesk

You can give complaint through this portal to the police.Cyber Crime Reporting Portal (cybercrime.gov.in).

When they said there are 2 illegal licenses, You have agreed to settle buy 1 copy of Software as above, can you explain why you agreed when you haven't done any piracy.

Originally posted by : Adv Vinay Mathur + 8447131770
	When they said there are 2 illegal licenses, You have agreed to settle buy 1 copy of Software as above, can you explain why you agreed when you haven't done any piracy.

It was because, there was a call from legal compliance team and said according to IP laws, even if some one from out side has connected to your network and used pirated software, it is responsibility of IP address owner of particular time to comply to IP violations. We do had called free lance designer in past and was given access to our network.

If you are innocent and not committed any violations, defend when they practically bring out a case against you.  If your company can afford to avoid legal problem, purchase the software legally.

In my reply, I will refer to the Company that sent you the 'infringement notice' as 'AD', so kindly be mindful of that.

 

Responsibility of IP Address Owner

Copyright Act, 1957 does not specifically talk about any responsibility of the IP Address Owner to protect some 3rd party's copyright.

But, If you knowingly permitted the Freelance Designers to use Pirated Software on your premises for commercial purposes, then you could be liable under Section 51 (a) (ii) of the Copyright Act.

Regardless, to claim something of that sort seems far-fetched to me, as it would be pretty hard to prove that in a court of law. If need be, you can contend that the Freelancers were not your employees and were just Independent Contractors, so, you are not liable for their actions.

 

Jurisdiction of District Courts

According to Section 62 (1) of the Copyright Act, 1957, every suit or other civil proceeding relating to infringement of copyright in any work or the infringement of any other right has to be instituted in the district court. 

So, AD's claim that "only Delhi HC has the power to issue orders in IP laws" has no legal basis.

 

Offer to Buy 1 Licence

I see that you have agreed to buy 1 license from AD in consideration of a promise that they will not pursue legal proceedings. In my opinion, that may show your culpability and can be used against you in a court of law if they initiate infrignment proceedings. So, kindly beware of that and do not admit anything in your communications.

Furthermore, a contract in restraint of legal proceedings is void-ab-initio (See Section 28, Indian Contract Act, 1872). So, even if you buy the license, they may still initiate legal proceedings.

 

No right to search and cease computers on-premises without any warrant

AD will need to get an order from the court on the lines of an Anton Piller order if they wish to search and cease computers on your premises. Still, they will need your permission to enter your premises, as the aforesaid order (Anton Piller order) is never a search warrant.

But, if they somehow get the order from the court and you do not allow them to enter your premises, then you will be liable for contempt of court. Though if you disallow their entry, and they still enter forcefully, then they will be committing a tort of trespass. 

So, AD's claim that "IP law gives them right to search and cease computers on your premises without any warrant" has no legal basis.

 

The remedy available to you

Section 60 of the Copyright Act, 1957 provides a remedy in case of groundless threats of legal proceedings, in respect of an alleged infringement of the copyright.

You can institute a declaratory suit to get a declaration from the court that you have not infringed any of the legal rights of AD. Furthermore, you can obtain damages as well as an injunction against the continuance of such threats.