Category Archives: Siemens Product Lifecycle Management Software, Inc.

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, they have filed their newest copyright Infringement lawsuit, this time against 97 John Doe Defendants (here in our own Texas Southern District Court, no less).

Siemens Product Lifecycle Management Software Inc. v. Does 1-93 (4:17-cv-01796), filed June, 2017

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

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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.

WAVE 3

Now in Wave 3, I do not yet know whether these 97 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 no longer a mystery.

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.

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.

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.

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).

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.

 Discuss your Siemens PLM Case With a Cashman Law Firm 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.  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

UPDATE: I have done further searching, and it appears as if the prices that Siemens PLM is asking for is 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.

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 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.

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.

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

When you go 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 $7,500 for their base software after being initially asked for $50,000, you’ll think you are getting a great ‘deal’. 

WHAT IS THE TRUE RETAIL PRICE OF SIEMENS PLM SOFTWARE?

I mentioned $7,500 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 $7,500 – $12,500.  I have also seen ‘less credible’ sell ‘valid’ licenses for $2,500, so who really knows.

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.”

As my general understanding goes (from speaking to various individuals at Siemens), Siemens NX software ranges in price from $7,500 – over $20,000 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/

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.

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.

LIST OF ACTIVE SIEMENS PLM CASES
(as of 3/12/2017)

Cases Filed in the Texas Southern District Court:

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)

SPEAK TO US (or ask me something).

No doubt you want to speak to a lawyer about the bittorrent lawsuit / ISP subpoena that you have received.  *I get that*, and I will do whatever I can to at a very minimum give you a speedy response, even if I cannot take you as a client.

Our law firm (meaning, “I”) will do my best to answer your call, and I will spend as much time with you on the phone as you need so that you at least do not panic about the case which is allegedly trying to take $150,000 (or some $10,000+ settlement) out of your pocket or home.

I have a pretty terribly-written web page at http://www.cashmanlawfirm.com/, but on there are links to reviews and comments people have written about how I have helped them whether or not they ended up being my client:

REVIEWS POSTED ON GENBOOK

REVIEWS POSTED ON GOOGLE

I am not committing to take you as a client; I do not charge for our phone appointments.  So, consider this as a “free consultation,” (or more as a friendly voice from someone who gets bored and enjoys talking to people,) but be aware that I might be working on a case while I am speaking to you, or that there might be interruptions which might pull me away from a call.

I am currently actively working on the following cases (filed in multiple states across the U.S., so while there are tweaks to be made from one federal court to another [different judges, different local rules], the copyright holder remains the same entity).

SCENARIO 1: IF YOU HAVE QUESTIONS ABOUT WHAT I HAVE WRITTEN, OR IF YOU WANT TO SPEAK TO ME ABOUT YOUR MATTER, I INVITE YOU TO USE THE CONTACT FORM BELOW.

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.

SCENARIO 2: ASSUMING YOU WANT ME TO REPRESENT YOU IN THE CASE OR NEGOTIATE A RELEASE AND DISMISSAL FROM THE CASE, NEGOTIATE A SETTLEMENT (OR AN ANONYMOUS SETTLEMENT), OR HAVE ME REPRESENT YOU IN THE COURTROOM.

Follow these three steps below to have me represent you in your lawsuit (again, I do limit the number of clients I take (and here is why), and I do limit the number of time slots I make available each day):

1. Schedule a phone appointment for us to have a few minutes to speak about your lawsuit, your plaintiff ‘copyright troll’, what we know about them, and what we have achieved in the past with other clients.

2. Get, sign, and return retainer agreement (either I or one of my assistants would need to e-mail this to you after our call.  I do not make them readily available so that hundreds of John Doe defendants can hire me at the same time — I just don’t work that way, and this is a good thing).

3. Sit back, relax, and let us work on your behalf to get you the results you need.

After scheduling your appointment online, you will be contacted by phone at the specified date and time by a Cashman Law Firm, PLLC attorney.

SCENARIO 3: IF ALL ELSE FAILS AND YOU CANNOT REACH ME THROUGH THE WEB FORM, OR IF YOU CANNOT FIND AN OPEN TIME-SLOT ON THE GENBOOK APPOINTMENT PAGE,  I’M PROVIDING MY CONTACT INFORMATION. USE IT SPARINGLY.

Obviously I don’t want you calling me while I am in court, and I don’t want you e-mailing me without first reading the relevant articles about your case.  I’ll get you where you want to go in order to get out of trouble, but I won’t do it for you.  In other words, I’m not teaching you about this case from scratch or doing some dance in order for you to decide to retain me as your attorney.

But I am providing my phone number to you and my e-mail to you — these will break through all the barriers and you will reach me this way.  But respect this information and use it sparingly.

713-364-3476

[email protected]

[And as silly as this sounds, I have written SEVEN YEARS worth of blogs without referencing myself once.  That sounds self-deprecating, but really, I am simply trying to get resources and information in your hands.  So my name is “Rob Cashman.”  Please don’t call me Ron, or some other name, because that does annoy me.  Take the time to pay attention to learn my name if you want to speak to me.] 🙂

Lastly, I know I often have 100+ people contacting me, and I only provide a handful of phone consultations or appointments.  If you need my help, whether or not I become your attorney, *I WILL HAPPILY TAKE THE TIME TO SPEAK TO YOU, AND EVEN SPEND WHATEVER TIME IS NECESSARY (TIME PERMITTING) TO HOLD YOUR HAND.*

So if you need to speak to me after-hours or outside my set schedule, that’s ok too.

-Rob

NOTE: No attorney client relationship is established by sending a web form or an e-mail, and while the attorney-client privilege (which keeps everything that you share with 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.