Category Archives: Andrew Bluebond

Siemens PLM defendants, we can still speak AFTER your OCTOBER 5TH deadline.

To those engineers implicated in the recent Siemens Product Lifecycle Management Software Inc. v. Does 1-107 (4:18-cv-02344) lawsuit:

I want to simply apologize for not being able to immediately speak to each of you.  You are all asking for appointments for the same October 5th, 2018 deadline provided to you on your Charter Communications ISP subpoena letter.  Please be patient.

Choosing “the convenient path” before October 5th.

No doubt, there are likely 10+ attorneys actively paying to advertise for your business. However, none of them are located here in Houston, Texas where the lawsuit is, where the courthouse is — where your plaintiff attorneys are. Thus, they will be actively soliciting your business to acquire you as a client for the purposes of satisfying the volume business they have set up around these lawsuits. I understand that it is convenient to jump and hire the first attorney who will have you as a client, but choosing the convenient path is exactly why you have been sued in the first place.

If you have read what I have written on the previous four waves of lawsuits (this is the 5th time they have filed lawsuits with 100+ defendants), you already know that I have successfully represented many clients against Siemens PLM and I have had clients that have both legitimized their prior illegal use by purchasing a license to their proprietary software. I have also had many clients who have had me explain that their use (although unlawful) was for personal use (off of the court docket, without their names being exposed) — they paid no settlement, they purchased no license, and they were dismissed from the lawsuit and no longer worry about being sued for their past acts of infringement.

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

The “cooperative” approach vs. the litigious approach.

There are two ways to approach a Siemens PLM software piracy lawsuit — 1) fight each claim on the merits of the copyright infringement claims against each defendant, or 2) (our approach) cooperate with the Siemens attorney’s attempts to sort through each of the 107 defendants to help them determine who needs a license for their past use, and who does not. Siemens is NOT a copyright troll (contrary to popular belief and their use of mass John Doe copyright lawsuits), and so having your attorney treat them like copyright trolls will cause you problems in your lawsuit. If you look at a timeline of their cases (which I have picked a representative set of cases over the years), you see that Siemens PLM pursues former John Doe Defendants, even after lawsuits are dismissed, so applying what I have taught over the years on this website and approaching their case with what I have described as the “ignore” route (as other attorneys might) is not the recommended path to resolving the claims in this lawsuit.

The way out of this lawsuit is simply the long way out. Hire an attorney (myself of someone like me), have him represent you just as I have suggested, and have him represent you through the entire lifecycle of this lawsuit. It will be over in a few months. Just let the attorney do exactly what he has (what I have) done in the past.

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

What about my October 5th, 2018 deadline? Can I file a motion to quash the subpoena?

As for your October 5th, 2018 deadline to file a motion to quash with the court to stop them from handing out your information, again, do not be fooled here. You likely do NOT live in Texas and so a motion to quash *IS* a viable option, however, it is not the recommended option. If you hire an attorney (myself or any other attorney) to file a motion to quash because you do not live in Texas, you will likely win the motion to quash and you will [most likely] be SEVERED AND DISMISSED from the lawsuit. However, be VERY AWARE that the immediate next act would be that the plaintiff attorney [from his computer using the PACER / e-filing system available across each of the federal courts in the US] would file the identical lawsuit against you personally, this time Siemens v. YOU, without the padding or anonymity that a John Doe placeholder status provides you, and without the padding that you might have sharing the liability of the lawsuit among 106 other similarly situated defendants.

In other words, don’t fall for sales tactics. Stay as private as possible (you can always contest the personal jurisdiction later and move the lawsuit into your own state if you are ever sued personally in this lawsuit). Up front, this is the 5th time Siemens PLM has sued, and I have never needed to do this nor have I had a client named and served in one of their cases. As I said, the approach is COLLABORATIVE with Siemens PLM, not litigious.

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

Retaining me as your attorney before Oct. 5th is a PREFERENCE, not a requirement.

In sum, while I always PREFER to have you be a client before your October 5th, 2018 deadline before your Charter ISP hands over your information, with the Siemens PLM cases, *this is not required.*

As I have written many times, Siemens (now with their James Quail attorney) handles these cases methodically and SLOWLY. It could take weeks before they even get to your John Doe entity. For this reason, (and now understanding that you will not be filing a motion to quash before 10/5), please be patient and take my appointments on https://www.torrentlawyer.com/calendar/ as they become available. There is no rush to have me represent everybody by October 5th, nor is this even possible.

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

A quick note about limited time slots and limited availability to speak to you, at least initially.

Lastly, I assume if you have reached this article, you understand that I do not take every client that I speak to, and that there are limited time slots available (here is why). I simply run my practice in a methodical way, taking clients as I can, and one at a time. I also spend most of my time HANDLING CLIENT CASES rather than marketing for new clients.  I am simply not interested in gobbling as many clients as I can, and if you need to hire an attorney today, I will not be your attorney.

I have done the Siemens PLM cases from start-to-finish FOUR TIMES NOW. Watch my calendar for availabilities (as new ones open up), and grab them when they become available. Assuming you have read the articles on my site and are “on board” with my collaborative approach (meaning, cooperating with Siemens PLM and helping them sort through each of the 107 defendants, not blindly fighting them tooth-and-nail like any other copyright infringement or “copyright troll” lawsuit), I will happily take you as a client. This is true even if we end up speaking after your Charter ISP hands over your information to the Siemens attorneys.

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

I understand this lawsuit has generated much concern for you. Please understand that I have done this before. Read what I have written about the different “categories” of defendants (based on their usage) that I have hashed out over the years. Stay calm, and understand that this will be a long but drama-free process. I look forward to speaking to you and serving you as your attorney.


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.

Siemens Product Lifecycle Management Software Lawsuits.

SIEMENS PLM SOFTWARE LAWSUITS — “THEY’RE BACK!”

I didn’t want to let this one slide. Remember the Siemens Product Lifecycle Management (Siemens PLM) lawsuits (where Siemens sued a number of engineers who used their NX software without a license)? Well, in July, 2018, they have filed their newest copyright Infringement lawsuit (this is the FIFTH TIME they are suing), this time against 107 John Doe Defendants (here in our own Texas Southern District Court, no less).

Siemens Product Lifecycle Management Software Inc. v. Does 1-107 (4:18-cv-02344), filed July, 2018

I’ve already written all that needs to be known about the Siemens Product Lifecycle Management Software Inc. lawsuits

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

Siemens Product Lifecycle Management Software Piracy Lawsuit
Screenshot from Siemens PLM Software’s website on the NX Mach 3 software.

What happened to the Siemens Product Lifecycle Management’s older lawsuits?

WAVE 1

In Wave 1, Siemens solicited licenses for their NX software. At first, we thought that these were bittorrent-based lawsuits like the others we have been dealing with, but then we learned that Siemens was actually tracking the unlicensed USE of the software (e.g., think “software phone home”).

This complicated the lawsuits because they were dealing with actual evidence (rather than the “snapshot bittorrent-based evidence” we have seen in the movie lawsuits). As a result, we put together a list of steps an attorney should take in defending a Siemens PLM lawsuit, and this has proven to be an effective strategy.

Over time, the lawsuit progressed, and eventually Siemens dismissed the lawsuit once they realized who they wanted to name and serve in their own lawsuits, and they filed individual copyright infringement lawsuits against companies they discovered were using their software without a license.

WAVE 2

In Wave 2, Siemens filed a similar lawsuit, this time against 100 new defendants. They surprised a number of defendants with settlement numbers of $50,000+ (eventually, we learned that they were settling licenses to their software, and they actually cost that much). This second wave lawsuit “on the books” looked to be a failure because they missed a FRCP Rule 4(m) deadline to name and serve defendants. As a result, they dismissed the entire lawsuit, however, I know that they continued after the dismissal to contact accused defendants (or their attorneys) with the intention of having those accused defendants [now dismissed] purchase a license to cover their use of the Siemens PLM NX software.

WAVES 3-4 (2017 – mid-2018)

In Waves 3-4, Siemens continued to target engineers in their lawsuits.  The purpose of these lawsuits was to “legitimize” those who were using their NX software “for profit.”  They were more reasonable this time on the settlement amounts (no settlements, just purchase of software licenses), but they allowed the defendant some leeway in determining what software title would best benefit the user, and whether Mach 3 was needed, or whether a lower-cost alternative was an option.  Siemens PLM also started to discuss settlement negotiations themselves (e.g., offering money to settle the claims), however, this never materialized.

WAVE 5 (late 2018)

Now in Wave 5, I do not yet know whether these 107 John Doe Defendants are from the same pool as the earlier lawsuits were filed, or whether these are from an entirely new pool of accused infringers. However, at least the lawsuit itself (its intentions, and what to expect) are less of a mystery, as we were able to settle a number of claims in their previous lawsuits through the purchase of a software license.

As always, here is how an attorney should be handling a Siemens PLM software lawsuit, and how we at the Cashman Law Firm, PLLC would handle your Siemens PLM case. This has been an effective strategy in each of the various Siemens PLM lawsuits, and thus I am suggesting it again with this newest wave of lawsuits.


[CONTACT AN ATTORNEY: If you have a question for an attorney about the Siemens PLM software copyright case and options on how to proceed (even specifically for your circumstances), you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your Siemens PLM case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

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.