Month: June 2016

Siemens Software Case IS a File Sharing Case

by
Siemens PLM | Siemens Product Lifecycle Management Software Piracy Lawsuit

This is a follow-up article to the “What to do about the Siemens Industry Software Inc. v. Does case (TX)” article I wrote last week.

I did a bit more digging into the Siemens Product Lifecycle Management Software Inc. v. Does 1-100 (Case No. 4:16-cv-01422) lawsuit in the U.S. District Court for the Southern District of Texas, and I learned more about their software, and more about where some of the John Doe defendants are coming from.  What I also learned was that this is not the first time they have sued defendants for copyright infringement.

*UPDATE* As of 2/2023, Siemens PLM has filed their 11th wave of lawsuits, including the following case: Siemens Industry Software Inc. v. Does 1-268 (Case No. 4:23-cv-00498), filed in the Texas Southern District Court.

Have you read enough? Book Now to get help. > > >

The Siemens Industry Software Inc. software being sued over is known as the Siemens NX software.

According to Wikipedia, “NX, formerly known as NX Unigraphics or usually just UG, is an advanced high-end CAD/CAM/CAE software package originally developed by Unigraphics, but since 2007 by Siemens PLM Software… NX is a direct competitor to TopSolid, CATIA, Creo, Autodesk Inventor, and SolidWorks.”  In 2020, Siemens Product Lifecycle Management Software (a.k.a. Siemens PLM) has been rebranded to be Siemens Industry Software Inc.

The Pirate Bay shows 9 torrent files for “Siemens NX” software (below).

062016 Siemens PLM NX

Surprisingly, for version 9, there are only 3 seeders (uploaders).  For all others, there is only one seeder.  For a program that takes on average 1GB-5.7GB to download, a download like this could take forever to complete.

Have you read enough? Book Now to get help. > > >

Looking at version 10 (the current stable release; version 11.2 is probably a fake), there is one seeder (uploader) and one leecher (downloader).  See attached.

062016 Siemens PLM NX 10

Have you read enough? Book Now to get help. > > >

As dry as this post may be, the point is that my suspicions were correct — even though the tracked file provides a serial number (probably a valid, but likely an OLD registration code), and even though there is an “activator” which modifies or “cracks” the pirated file to allow the software to accept the old serial number [it likely does this by blocking the “authentication” feature when the software checks with the server to verify the registration key], the software looks to the user as if he has successfully registered the software.

However, through the CASUAL USE of the software, the activator software is likely not persistent, which means that after the software is registered using the old key, it restores the software’s executable (.exe) file to its original state.  Then, when using the software, it connects to Siemens’ servers for whatever purpose (to download an update, to check for new features, etc.), and this is how their copyright enforcement / IT department can identify the IP address of the individual using a pirated copy of the software.

In sum, what this means is that Robert Riddle (more recently, attorneys Andrew Bluebond, and now Kate Geldmacher) and the Siemens copyright holder likely knows how long the software has been in use, and which IP addresses have been using an old or invalid serial number.  This will likely be a consideration when discussing the matter with the plaintiff attorneys on behalf of my clients.

Have you read enough? Book Now to get help. > > >

*2023 UPDATE* Usually as the Siemens Industry Software Inc. cases advance from one wave to the next, I update these articles with the most recent case number and “motion to quash” due date given to the subscriber by the ISP.  However, the 2023 case is too new, and I do not yet have an update for the Siemens Industry Software Inc. v. Does 1-268 (Case No. 4:23-cv-00498) case, filed in 2/2023.  Thus, please read what I have written below and apply it to the subpoena you received from your ISP.

*2018 UPDATE* What all this means for you — 1) October 5th, 2018 appears to be the date that Charter Communications will be ordered to hand over the names and addresses of the 107 accused John Doe defendants, so pay attention to the lifecycle of your lawsuit, and when you are no longer anonymous. 

Also be sure to read about motions to quash so that you will understand whether you will want to stop your ISP from handing over your ISP, as most defendants in this most recent case do not appear to live in Texas. 2) If you have been using the software, they likely know more details than you would like as to what you have been doing with it.  3) Speak to an attorney (me, or anyone else) about what options you have to get out of this, whether you were the downloader, the purchaser (of a pirated copy of the software), or whether you have absolutely no idea why you have been implicated as being one of the John Doe defendants in this case.

Have you read enough? Book Now to get help. > > >

OTHER ARTICLES ON THE SIEMENS INDUSTRY SOFTWARE INC. CASES:

How an attorney should handle a Siemens Industry Software Inc. lawsuit, on 1/11/2017 (Updated for the 02-2023 lawsuit).

Siemens Industry Software Inc. NX-based lawsuits – converting accused engineers into loyal customers, on 1/9/2017 (Updated for the 02-2023 lawsuit).

Software Developers are now tracking piracy through the USE of downloaded software, on 9/9/2016 (Updated for the 02-2023 lawsuit).

The Siemens Industry Software Inc. Case IS a File Sharing Case, on 6/20/2016.

What to do about the Siemens Industry Software Inc. v. Does case (TX), on 1/16/2016 (Updated for the 02-2023 lawsuit).

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CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

    NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

    Advice On The Siemens Industry Software Inc. Lawsuit

    by
    Siemens PLM | Siemens Product Lifecycle Management Software Piracy Lawsuit

    Siemens Industry Software Inc. filed yet another John Doe Lawsuit against engineers who obtained pirated copies of their software from unlicensed sources. This time, the Siemens Industry Software Inc. v. Does 1-268 (Case No. 4:23-cv-00498) lawsuit is in the Texas Southern District Court (Federal Court), and the lawsuit is against 268+ Defendants. This article will explain what the Siemens lawsuits are, what they are not, what Siemens wants from you, and how to securely get out of this lawsuit unscathed.

    siemens-industry-software-inc Siemens Industry Software Inc.
    dmkoch / Pixabay

    Siemens Industry Software Inc. is NOT a copyright troll lawsuit.

    This is one of the more difficult blog entries to write, because the “Siemens Industry Software Inc.” cases (most recently, the Siemens Industry Software Inc. v. Does 1-268 (Case No. 4:23-cv-00498) case in the Southern District of Texas) are not typical bittorrent extortion cases, but rather, more akin to “compulsory licensing” cases.

    How NX users are caught using the software without a license.

    In short, it would be too easy to say that the 268+ John Doe defendants were implicated as downloading or uploading Siemens Industry Software Inc.’s NX software using bittorrent, because this is not the case. Siemens’ software appears to “phone home” when being used, revealing the computer users IP address (thus making them a target in a lawsuit such as this one).

    Were NX Cracks and NX Keys the culprit?

    Cracks and keys probably were part of the software download package, if the software was downloaded via a website. Alternatively, the download instructions perhaps instructed “to block the internet connection using a software firewall,” but the downloader forgot to read the instructions.  This has exposed the user to months of logs where Siemens Industry Software Inc. has been logging their use every time they use the software.

    Have you read enough? Book Now to get help. > > >

    Some accused defendants actually purchased the NX software… pirated.

    Lastly, some of the defendants are believed to have purchased the software (e.g., while the software license itself could cost $30,000, the pirated copy cost $50), but the software they purchased was pirated. Thus, when they entered the key to register the software, the key was flagged as being a pirated copy.

    What Siemens Industry Software Inc. wants from accused defendants.

    In short, Siemens Industry Software Inc. is a software company looking to stop the unlicensed use of their software, and for this reason, they hired attorney Robert Riddle, Andrew Bluebond, and most recently, Katherine Mary Geldmacher to file the most recent Siemens Industry Software Inc. v. Does 1-268 (Case No. 4:23-cv-00498) lawsuit in the U.S. District Court for the Southern District of Texas.

    My thoughts about the Siemens Industry Software Lawsuits.

    The weird part for me about this case is that there are so many software solutions out there which would accomplish the result for significantly cheaper.  The Siemens Industry software modules appear to be commercial and high-end.  While there are cheaper alternatives to the Siemens Industry  NX software, engineers tell me there is no replacement for the quality that the NX software provides.  Thus, Siemens Industry Software Inc. seems to have little-to-no competition on their NX software.

    What to do if you purchased a pirated copy or downloaded the NX software?

    So… what to do now. If you purchased a pirated copy or downloaded an unlicensed copy of the software, all is not lost. This is why you will be hiring an attorney — to speak to your plaintiff attorney and “make it right,” whether that means purchasing a software license after-the-fact, or signing a licensing agreement for the months or years the software was in use.

    Have you read enough? Book Now to get help. > > >

    What to do if you are a business owner using the pirated NX software?

    If you are a business owner, or if the software is in use in your engineering company (or on the laptops of your employees) without authorization, you are the plaintiff’s prime targets, and the licensing strategy will likely be more comprehensive.

    What to do if you have absolutely nothing to do with this lawsuit, but were implicated as a John Doe Defendant anyway?

    If you have absolutely nothing to do with this lawsuit and yet you were implicated as a John Doe Defendant, well, this happens too, and I’d be happy to represent you telling them that there will be no software licensing deal, and that there will be no payment to the plaintiff copyright holders.

    The immediate concern is that like all copyright infringement “John Doe” lawsuits, your plaintiff copyright holder has been given permission by a federal judge (e.g., Texas Judge Lynn Hughes) to issue subpoenas to the internet service providers to hand over the subscriber contact information to the plaintiff attorney by or before a certain date.  That date is quickly coming to a close, so this is why you have been trying to contact our firm to figure out your options in how to proceed.  I’d be happy to discuss these with you, obviously time permitting.

    Have you read enough? Book Now to get help. > > >

    OTHER ARTICLES ON THE SIEMENS INDUSTRY SOFTWARE INC. CASES:

    How an attorney should handle a Siemens Industry Software Inc. lawsuit, on 1/11/2017 (Updated for the 02-2023 lawsuit).

    Siemens Industry Software Inc. NX-based lawsuits – converting accused engineers into loyal customers, on 1/9/2017 (Updated for the 02-2023 lawsuit).

    Software Developers are now tracking piracy through the USE of downloaded software, on 9/9/2016 (Updated for the 02-2023 lawsuit).

    Siemens Industry Software Inc. Software Case IS a Bittorrent Case, on 6/20/2016.

    What to do about the Siemens Industry Software Inc. v. Does case (TX), on 1/16/2016 (Updated for the 02-2023 lawsuit).

    —
    CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

      NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.