Category Archives: James Quail

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.

Siemens NX Lawsuit | Expecting FRCP Rule 4(m) Dismissal Due To a Missed Deadline

Siemens PLM v. Does 1-100 (TX) and missed deadlines.

As many of you know, our Cashman Law Firm, PLLC is representing a number of engineer clients who are accused in a Siemens NX lawsuit of using their Siemens NX Mach 3 software without a valid license.

Siemens as we know is using the lawsuit as a pretext to convert accused infringers into valid license holders.  The name of their lawsuit is the Siemens Product Lifecycle Management Software, Inc. v. Does 1-100 (Case No. 4:16-cv-03552) case filed in the Texas Southern District Court.

The Siemens NX lawsuit attorneys just missed a deadline to name and serve defendants.

Procedurally, Siemens was under a FRCP Rule 4(m) deadline to name and serve defendants by 4/3/2017.  This deadline was set by the judge, and the judge is the one with the discretion on whether to extend it once, multiple times, or dismiss the lawsuit after a certain time period has elapsed.

As of writing this article, The Siemens NX lawsuit attorneys did not file anything on 4/3, and their deadline has passed.  Further, it has been two days without any activity on the court docket from Siemens NX.  This is not surprising, as copyright cases often miss a deadline such as this, and then they request an extension and the federal judges readily approve them, sometimes weeks later.

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

What a dismissal means to your case, and how you should proceed depending on your circumstances.

A dismissal of the Siemens NX lawsuit means that you are no longer a John Doe in the case.  However, whether this matter is over or not is based on whether you are before or after the ISP handed out your information in compliance with the subpoena.

If the ISP has not yet complied with the subpoena, your contact information is still hidden from the Siemens lawsuit attorney.

If you are before the due date that your ISP gave you before they comply with the subpoena, you are in luck.  At this point, you are still anonymous, and if you hired an attorney, your attorney will likely offer to return the money you paid to him.  It would benefit you to have him contact the ISP to notify them that the Siemens NX lawsuit has been dismissed and that they should not comply with the Siemens subpoena.

By having the ISP agree not to comply with the subpoena sent to them by the Siemens NX lawsuit attorneys (Robert Riddle & Andrew Bluebond), you will remain anonymous, and your Siemens NX lawsuit plaintiff attorneys will never learn who you are.

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

If the ISP has already complied with the subpoena, your contact information has been shared with the Siemens NX lawsuit plaintiff attorneys.

If the ISP date has already passed, the assumption is that the ISP already complied with the subpoena, as they told you they would.  Here, you are no longer anonymous, and the plaintiff attorney already knows who you are.

How the 3-Year statute of limitations for copyright infringement cases suddenly becomes relevant.

A dismissal at this point is inconsequential because the plaintiff attorney has already acquired the information he needs to proceed against you out of court.  The statute of limitations to sue someone for copyright infringement is three years from the alleged date of infringement.  That means that they have three years to sue you as a defendant in a copyright infringement case for this same claim*.

*NOTE: There is more on this topic, but it is outside the scope of this article.

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

Whether your plaintiff attorney is a ‘copyright troll’ or now also becomes relevant.

Depending on whether your copyright holder is a ‘copyright troll’ (meaning that they will just file another lawsuit against a new set of John Doe Defendants), or whether they will continue to pursue claims against you out of court (using the information they obtained from this lawsuit), you have two options on how to proceed.

If the copyright holder is a copyright troll, a dismissal such as this one should give you reason to celebrate.  However, Siemens PLM is not a typical copyright troll, and that is why I wrote this article.

To a Siemens PLM attorney, you are worth $30K-$60K.

Each settlement in a Siemens case is worth $30K-$60K for Siemens.  The goal of the Siemens attorney is to contact defendants to arrange for a purchase of one or more NX Mach 3 “seats” or “licenses” (at roughly $30K/seat).

An engineer who has been caught using the software without a license, and who faces an ongoing $150,000 lawsuit is an easy candidate for Siemens to convert into a paying customer.  This can be done with or without a lawsuit being in play, at it would apply regardless of whether the judge dismissed the underlying lawsuit for missing the FRCP Rule 4(m) deadline, or whether they tire of being monitored by a judge and they dismiss the lawsuit themselves.

After all, they already have the information they need, and they have three years to continue contacting defendants until such a time when they are no longer able to proceed (or until the Siemens clients stops paying their fees).

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

In sum, the case is NOT yet dismissed.

The Siemens PLM v. Does 1-100 Texas case is not yet dismissed, although I wanted to have this information ready for you so that you will be prepared with your options should a dismissal happen.


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.  Also, the contents of topics discussed on this site are not meant to be considered legal advice to act upon or not act upon.  Contact your attorney for answers specific to your particular circumstance.

Siemens Surprises John Does With $50K+ Settlement Requests

I have done further searching, and it appears as if the prices that Siemens PLM is asking for are shockingly accurate.  They appear to be asking from John Doe Defendants the cost of 1-2 business licenses for their NX software, which can be as high as $30,000 per license.  So while for an average internet user spending $30,000 on a piece of software would be obscene, apparently this is what people are paying for this software.  This does not mean that there is no room for negotiation — circumstances as to whether or how the use happened differs for every defendant, and every John Doe Defendant has a different financial situation and personal circumstances.

[ *2018 UPDATE* Since we have been through five “waves” of lawsuits thus far, we have learned that Siemens PLM is more pliant than they were in earlier lawsuits.  While they are not yet accepting cash settlements (payments in return for a dismissal), they are allowing accused defendants to purchase less costly versions of their software (e.g., Mach 1 versus Mach 3), or other software altogether of similar cost (if that is more useful to the defendant). ]

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

It usually makes no sense writing about cases once they have progressed quite a bit, but with the Siemens PLM cases, Siemens has ramped up their sales tactics in a way which needs some explaining.

Recent letters that have gone out from Andrew Bluebond (and in more recent lawsuits, by James Quail) of Reed Smith LLP are asking for numbers in excess of “$50,000, plus any applicable sales taxes, legal fees and expenses, to license [to accused defendant]” (emphasis added).  Thus, a Siemens settlement could end up being $55,000 – $60,000 (or more) just for using the software without a license.

I have not yet figured out how they have come to this large number, because each defendant only has a limited number of “infringing uses” of Siemens PLM’s NX software.

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

WHY HIRING AN ATTORNEY AT THIS LATE STAGE OF THE LAWSUIT IS A GOOD IDEA.

Initially, I stopped taking clients for this case in February, but because no doubt people are being hit with these high numbers (this was an unexpected turn for Siemens), it makes sense to have us represent you to negotiate a settlement price this high down to something that is in more of a “fair” price range.  And yes, I am willing to take on a limited number of new clients simply because Siemens is suing in my state, and I can easily appear and represent clients in the Texas Southern District Court should negotiations go awry.  Also, I am already spending the time to research the cases and review the evidence they have against each John Doe Defendant, so I have already done much of the legwork (which you will not need to pay me for).

It also must be noted that at this price point, it simply makes sense to fight the case in court (especially if you did not use the software).  But before you panic about the $50,000 settlement letter you received, understand what is likely going on.

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

HOW SIEMENS PLM SALES TACTICS MIMIC THOSE OF SELLING AN EXPENSIVE SUIT.

When you go to a clothing store to purchase a $300 suit, the salesperson will always show you the $2,000 suit first.  Then, he’ll show you an $1,800 suit that is obviously not nearly as nice as the $2,000 suit.  Then, he’ll show you a $1,000 suit that looks even less pleasing than the more expensive suits.  You begin to doubt whether a $500 suit will even give you the quality you thought you wanted.  But then… poof!  The salesperson finds a $500 suit, “in the back, that we just got in stock,” and that $500 suit is more beautiful than any of the other more expensive suits.  Excited that you are getting a good ‘deal’, you proceed to purchase the $500 suit, and while you are at it, you purchase a belt, buckles, an expensive tie and shirt, and spend another $300 in accessories and alterations.  In sum, you walk out of the store having spent $800, but you feel like a million bucks.

Obviously there is ABSOLUTELY NO CONNECTION between buying a suit and being hit in the face with a $150,000 copyright infringement lawsuit for tinkering with software that is being shared on the piracy bittorrent websites, supposedly for free (and what company monitors and sues on the piracy and unlawful USE of that software, anyway).  But there is something to say of this tactic.  No doubt if you end up paying $15,000 for their base software after being initially asked for $50,000, you’ll think you are getting a great ‘deal’. 

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

WHAT IS THE TRUE RETAIL PRICE OF SIEMENS PLM SOFTWARE?

I mentioned $15,000 as the guesstimate of the base price for the Siemens software, and really, I do not know what the base price actually is.  I have seen websites advertise the sale of that software from $15,000 – $20,000.  I have also seen ‘less credible’ sell ‘valid’ licenses for $2,500, so who really knows.

2017 UPDATE: Siemens PLM business licenses (“seats”) can easily cost $30,000+ for each license.  There are various levels, e.g., Mach 1, Mach 2, Mach 3, and Mach 4, and the higher-level business licenses mirror the amount they are asking for from John Doe Defendants in their lawsuits, “in order to turn infringing users into genuine customers.”

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

As my general understanding goes (from speaking to various individuals at Siemens), Siemens NX software ranges in price from $15,000 – over $30,000 depending on the various modules, licenses, or versions you are purchasing.  And, business licenses are significantly more expensive than student licenses, which can be purchased for $99 (and on those student licenses, the receipt will often say, “you just saved yourself $9,999 on this software!” which suggests that the software itself costs over $10,000.

Most “John Doe” Defendants are being accused of using a pirated copy of the “NX Mach 3 Product Design” software.  You MUST assume that any Siemens PLM software is being similarly tracked; the list of software owned / provided by Siemens can be found at http://www.plm.automation.siemens.com/en_us/

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

SHOULD I HIRE AN ATTORNEY AT THIS LATE STAGE OF THE LAWSUIT?

At this point, three methods of handling your lawsuit are flowing through your mind.

1) Paying the $60K and taking the hit (likely a bad move because I believe this price can be negotiated).

2) Ignoring this (who gets named and served anyway?) and risking the $150,000 judgment.  After you, you think you can’t pay $60K, so you can’t pay $150K either.  You’ll just take the loss and file for bankruptcy.  (Again, bad move because you would have exacerbated the situation.  Even if you are named and served as a defendant, it is not too late.  There are still ways to salvage the case and get you out of this, minimizing the damage to you).

3) Maybe you can hire an attorney, and he can negotiate this down to something that you feel comfortable paying.  And if not, at the very minimum, he can represent you in court with the best result of getting you dismissed from the lawsuit, and the alternative goal of forcing a lower settlement amount.  Realistically, your attorney can speak to your plaintiff attorney and negotiate a price that you can pay, or at a minimum come to some resolution to satisfy Siemens PLM’s claims against you.

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

So in sum, there are two BAD options, and two GOOD options.  The two BAD options are  1) PAY THE ASKING PRICE, 2) IGNORING THE LAWSUIT COMPLETELY.  The two GOOD options are either 1) hiring an attorney to NEGOTIATE YOUR SETTLEMENT, and 2) (if settling is not an option, OR if you simply did not do what Siemens claims you did), have that same attorney FIGHT THE LAWSUIT and minimize the damages, or get you dismissed altogether without paying any settlement.


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.

MOST RECENT SIEMENS PLM CASES
(as of 9/21/2018)

Cases Filed in the Texas Southern District Court:

Siemens Product Lifecycle Management Software Inc. v. Does 1-107 (Case No. 4:18-cv-02344)
Siemens Product Lifecycle Management Software Inc. v. Does 1-100 (Case No. 4:16-cv-03552)

Siemens Product Lifecycle Management Software, Inc. v. Does 1-100 (Case No. 4:16-cv-01422)