4:23-cv-00498

SIEMENS INDUSTRY SOFTWARE INC. LAWSUITS

Siemens PLM | Siemens Product Lifecycle Management Software Piracy Lawsuit

Siemens Industry Software Inc. (formerly known as Siemens Product Lifecycle Management Software, Inc.) lawsuits have been filed in federal courts since 2011.  The goal here is to keep up to date on this plaintiff, and to discuss their various cases.  Should you learn of any updates regarding one of their cases, please post it here using the following format — (e.g., “Siemens Industry Software Inc. v. Does 1-268 (Case No. 4:23-cv-00498) filed in the U.S. District Court for the Southern District of Texas).  Please also feel free to post new cases you find where Siemens Industry Software Inc. is listed as the plaintiff.

JUST THE FACTS.

SIEMENS LAWSUIT WALKTHROUGH (JOHN DOE): I WAS CAUGHT USING SIEMENS SOFTWARE. WHAT MUST I KNOW, WHAT MUST I DO. WHAT ARE MY OPTIONS.

Siemens Industry Software Inc. v. Does Lawsuits

Siemens Industry Software Inc. has been known for suing John Doe Defendants across the US for the unauthorized use of their NX, Solid Edge, Star CCM, Femap, FloTHERM, Simcenter Testlab, and Jack software versions.  Recent lawsuits have expanded the software to include a mix of other copyrighted titles owned by Siemens Industry Software.  The lawsuits are all copyright infringement lawsuits filed in the Federal Courts, and each lawsuit sues for statutory damages of $150,000.

Remember to please exercise discretion when posting (e.g., do not post your real name or e-mail address), and as usual, avoid using vulgar or offensive language (both towards the plaintiff and towards other users).

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CASE HISTORY OF THE SIEMENS INDUSTRY SOFTWARE INC. CASES:

Siemens Industry Software Inc. (formerly known as “Siemens Product Lifecycle Management Software, Inc.” or “Siemens PLM Software”) has been filing lawsuits against John Doe Defendants in federal courts across the US since 2011. Their most recent lawsuit was filed in February, 2023.

In 2011, Siemens Industry Software Inc. started their lawsuits in New York (NYSD) with two innocuous cases containing 50 John Doe Defendants which spanned NX 7 users living across the US. This led Siemens PLM to sue TWIVision Engineering Group, LLC in the Texas Eastern District Court (TXED) later in the year.

In 2012, they sued 50 John Doe Defendants in the Eastern District of Pennsylvania (PAED).

From 2012-early 2014, there was a lack of lawsuits from Siemens, but in 2014, they sued 100 John Doe Defendants AGAIN in New York (NYSD). Later, they again reached into Texas (TXED), but this time, they sued a number of engineering companies, including BTL Machine, Inc., and Mercury Metal Forming Technologies, LLC. They also initiated two John Doe lawsuits, Case Nos. 4:15-cv-00582, and 4:15-cv-00017.

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2014-2015 Siemens Industry Software Inc. continued its litigation strategy in the Texas Eastern District Courts for the remainder of 2015.

2016 was a busy year for Siemens Industry Software Inc., as they filed large 100-Defendant cases against John Doe Defendants, this time in the Houston-based Texas Southern District Courts (TXSD). They also reached their individual lawsuits into both Ohio (OHSD) and Connecticut (CTD) where they sued Manufacturing Services International, Inc. and Demin, an individual defendant.  The main “100-person John Doe” lawsuits eventually suffered procedural issues of Siemens missing deadlines to name and serve defendants, and the lawsuit was dismissed.  However, even after the lawsuit was dismissed, Siemens continued to contact select defendants soliciting $50K+ settlements.

In 2017-2023, Siemens Industry Software Inc. has continued filing lawsuits in the Texas Southern District Court (TXSD), most recently in their Siemens Industry Software Inc. v. Does 1-268 (Case No. 4:23-cv-00498) lawsuit.

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Siemens Industry Software Inc. lawsuits in Texas

The cases of note currently in Texas are:

2023:
Siemens Industry Software Inc. v. Does 1-268 (Case No. 4:23-cv-00498) — this is their most recent lawsuit, filed in February, 2023.

2022:
Siemens Industry Software Inc. v. Does 1-100 (Case No. 4:22-cv-00588), filed in February, 2022.


2021:
Siemens Industry Software Inc. v. Does 1-142 (Case No. 4:21-cv-00385), filed in February, 2021.

2020:
Siemens Industry Software Inc. v. Does 1-150 (Case No. 4:20-cv-00798), filed in March, 2020, and
Siemens Industry Software Inc. v. Does 1-10 (Case No. 4:20-cv-00801), filed on the same day as the Does 1-150 case.

2019:
Siemens Product Lifecycle Management Software Inc. v. Does 1-118 (Case No. 4:19-cv-02448), filed in July, 2019, and
Siemens Product Lifecycle Management Software Inc. v. Does 1-150 (Case No. 4:19-cv-00129), filed in January, 2019.

2018:
Siemens Product Lifecycle Management Software Inc. v. Does 1-107 (Case No. 4:18-cv-02344), filed in July, 2018, and
Siemens Product Lifecycle Management Software Inc. v. Does 1-97 (Case No. 4:18-cv-00397), filed in February, 2018.

2017:
Siemens Product Lifecycle Management Software Inc. v. Does 1-93 (Case No. 4:17-cv-01796), filed in June, 2017.

2016:
Siemens Product Lifecycle Management Software Inc. v. Does 1-100 (Case No. 4:16-cv-03552), filed in December, 2016, and
Siemens Product Lifecycle Management Software, Inc. v. Does 1-100 (Case No. 4:16-cv-01422), filed in May, 2016.

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As of writing this page, most of the attention and controversy will be surrounding the February 2023 4:23-cv-00498 case here in Texas.  As such, to learn how a Texas defense attorney should handle a Siemens Industry Software Inc. case based on their past filings, click here.

WHERE DO I LEARN ABOUT THE SIEMENS CASES IN DEPTH?

To learn about the Siemens cases in depth, click here.

SIEMENS INDUSTRY SOFTWARE INC. STRATEGY:

In short, it appears as if the Siemens Industry Software Inc. strategy is as follows:

1) File a large 100+ Defendant lawsuit (most recently, v. 268+ defendants), encourage the court to approve early discovery allowing Siemens Industry Software Inc. to obtain the contact information for each of those 268+ John Doe Defendants.
2) Contact each of those defendants, convert accused defendants into paying customers (where the cost of the software can range from a few thousand dollars to tens of thousands of dollars).
3) Expand the lawsuit inquiry to the employer of the accused defendant engineer, and ascertain whether they have purchased volume licenses for their engineer employees.
4) Name and Serve and/or sue one or so defendants in a court outside the jurisdiction of the original court (this demonstrates that their reach is not limited to the courts in which they filed their original lawsuit). Unclear whether this is to obtain a $150,000 judgment for copyright infringement, or to convince that company to comply with their software licensing demands. I understand the goal of the lawsuits is to convert accused defendants into customers.
5) Proceed over the next three years contacting the various John Doe Defendants [even after the case is dismissed <– this has happened]. File a new lawsuit against 100+ more John Doe Defendants, and repeat Steps 1-5.

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BLOG POSTS:

Articles Written on the Siemens Industry Software Inc. cases (most recent first):

Siemens Industry Software Inc. – Software Piracy Lawsuits — “They’re Back!”, on 7/30/2017 (modified for each of the subsequent lawsuits filed, most recently on 2/28/2023).

Siemens Industry Software Inc. NX-based lawsuits – converting accused engineers into loyal customers, on 1/9/2017.

Software Developers are now tracking piracy through the USE of downloaded software, on 9/9/2016.

The Siemens Industry Software Inc. Case IS a File Sharing Case, on 6/20/2017.

What to do about the Siemens Industry Software Inc. v. Does case (TX), on 1/16/2016.

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LIST OF FEDERAL COURT CASES FILED (*UPDATED*):

IN THE CONNECTICUT DISTRICT COURT:
Siemens Product Lifecycle Management Software Inc. et al v. Demin (Case No. 3:16-cv-00553)

IN THE NEW YORK SOUTHERN DISTRICT COURT:
Siemens Product Lifecycle Management Software, Inc. v. Does 1 – 100 (Case No. 1:14-cv-01926)
Siemens Product Lifecycle Management Software, Inc. v. Does 1-50 (Case No. 1:11-cv-08469)

IN THE OHIO SOUTHERN DISTRICT COURT:
Siemens Product Lifecycle Management Software In v. Manufacturing Services International, Inc. (Case No. 3:16-cv-00182)

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IN THE PENNSYLVANIA EASTERN DISTRICT COURT:
Siemens Product Lifecycle Management Software, Inc. v. Does 1-50 (Case No. 2:12-cv-06795)

IN THE TEXAS EASTERN DISTRICT COURT:
Siemens Product Lifecycle Management Software, Inc. v. BTL Machine, Inc. (Case No. 4:14-cv-00506)
Siemens Product Lifecycle Management Software, Inc. v. Does (Case No. 4:15-cv-00582)
Siemens Product Lifecycle Management Software, Inc. v. Mercury Metal Forming Technologies, LLC (Case No. 4:14-cv-00002)
Siemens Product Lifecycle Management Software Inc. v. Does (Case No. 4:15-cv-00017)
Siemens Product Lifecycle Management Software Inc. v. TWIVision Engineering Group, LLC (Case No. 6:11-cv-00679)

IN THE TEXAS SOUTHERN DISTRICT COURT:
*NEW* Siemens Industry Software Inc. v. Does 1-268 (Case No. 4:23-cv-00498)
Siemens Industry Software Inc. v. Does 1-100 (Case No. 4:22-cv-00588)
Siemens Industry Software Inc. v. Does 1-142 (Case No. 4:21-cv-00385)
Siemens Industry Software Inc. v. Does 1-150 (Case No. 4:20-cv-00798)
Siemens Industry Software Inc. v. Does 1-10 (Case No. 4:20-cv-00801)
Siemens Product Lifecycle Management Software Inc. v. Does 1-118 (Case No. 4:19-cv-02448)
Siemens Product Lifecycle Management Software Inc. v. Does 1-150 (Case No. 4:19-cv-00129)
Siemens Product Lifecycle Management Software Inc. v. Does 1-107 (Case No. 4:18-cv-02344)
Siemens Product Lifecycle Management Software Inc. v. Does 1-97 (Case No. 4:18-cv-00397)
Siemens Product Lifecycle Management Software Inc. v. Does 1-93 (Case No. 4:17-cv-01796)
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)

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HOW AN ATTORNEY SHOULD REPRESENT A SIEMENS INDUSTRY SOFTWARE INC. CLIENT:

Because software-based copyright infringement cases are especially concerning the John Doe Defendants who are accused of using pirated software (such as what is going on right now with the Siemens Industry Software Inc. v. Does 1-268 [4:23-cv-00498] case in Texas), I thought it would be beneficial to take a few moments and simplify the process. That way, when you pay an attorney, you will know exactly what the attorney will be doing.

Here are the steps your attorney (us, or anyone else) should be taking on your behalf — specifically with the Siemens Industry Software Inc. v. Does 1-268 (Case No. 4:23-cv-00498) case:

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STEP 1) STOP PLAINTIFF FROM CONTACTING YOU OR ANYONE ELSE ON YOUR BEHALF (WORKPLACE) ABOUT THE CLAIMS AGAINST YOU.

Once your plaintiff attorney learns that you are represented by an attorney, all communication must be with that attorney alone. Phone calls or letters to client directly once a notice of representation is provided can jeopardize that attorney’s law license.

STEP 2) RESEARCH AND DISCUSS CLAIMS COMPARING PLAINTIFF ATTORNEY’S DATA OF USE VERSUS ACTUAL USE OR NON-USE.

Siemens Industry Software Inc. likes to research the claims, and they take their time in getting the entire picture before discussing settlement. It is important to share truthful information with your defense attorney so that claims against you can be disputed with facts and dates. And obviously, your attorney should have the common sense to discuss the claims without admitting guilt on your behalf.

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STEP 3) DISCUSS AND NEGOTIATE SETTLEMENT OPTIONS WITH PLAINTIFF ATTORNEY, WHETHER A SOFTWARE PURCHASE, A LICENSE, A SETTLEMENT FEE, OR NO SETTLEMENT (PROCEED WITH LAWSUIT).

Normally the plaintiff attorneys in a copyright infringement lawsuit (or more frequently, an IP address-based “copyright troll” lawsuit) will immediately approach a settlement regardless of guilt or wrongdoing. This is not the case with the Siemens Industry Software lawsuits. Rather, it appears as if they are seeking to convert those using unlicensed versions of their software into paying customers. For this reason, once the investigation is completed and claims are discussed, settlement options are discussed as well. This might include purchasing software, paying a settlement, or negotiating a license based on the limited past use of the software.

The “no settlement” option is obviously the scenario where the client did not do the download. Because Siemens Industry Software Inc. software is expensive (costs can range from a few thousand dollars to over thirty thousand dollars), there is no reason to negotiate a settlement if the accused John Doe Defendant did not download or use the software. Rather, the alternative is to provide proof that the John Doe Defendant is not the individual Siemens Industry Software is looking for (it is difficult to prove a negative, but it is doable), or to help Siemens Industry Software Inc. come to the realization that the actual software user is the engineer next door running his business from his home.

Obviously if neither side can agree on anything, then yes, it makes sense to proceed to allow the plaintiff attorney to name and serve your client, file an answer with the court, and proceed with defending your client’s interests in the courtroom.

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STEP 4) NEGOTIATE PRICE (IF BENEFICIAL, CONSIDERING CLIENT’S ABILITY TO PAY). PROVIDE DOCUMENTATION OR STATEMENT IF NECESSARY TO SUBSTANTIATE CLAIMS.

Many accused defendants installed the software for educational purposes — to ‘tinker’ with the softare, to learn the software, or to become conversant with the software. While the intention of the unlicensed use is noble (e.g., that user would later be working with a licensed version of the software at their workplace or in their business), for the moment, there was folly in their initial use of the software. This is our goal — to have these specifics be relevant and useful in a negotiation with Siemens Industry Software Inc. to arrive at a settlement price the client can afford.

STEP 5) NEGOTIATE TERMS OF SETTLEMENT AGREEMENT. NEGOTIATE A SOFTWARE LICENSE IF NEEDED OR REQUIRED.

These are two separate steps. The settlement agreement should be specific to the claims of copyright infringement, and they should include the nuances of Texas contract law in order to ensure the agreement is enforceable. The software license also is full of nuances and words that requires an attorney who knows what terms mean in software licenses (because certain words have meanings in the context of a software license which are contrary to the plain meaning of the word), and who is forceful enough to be willing to argue for terms or clauses which protect the client’s rights. Lastly, the software license should provide the accused John Doe Defendant the right to use the software in the way the accused defendant wants or needs to use the software in the future. It makes no sense to negotiate a limited software license to cover only past use when the defendant is an engineer and will be needing to use the software again in the future.

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STEP 6) HAVE PLAINTIFF ATTORNEY SIGN AGREEMENT(S), THEN HAVE CLIENT SIGN AGREEMENT(S) AND PROCESS SETTLEMENT PAYMENT.

This is self explanatory. Siemens Industry Software Inc. is not bound to an agreement until they sign it (or until their attorney with authority to sign signs it on their behalf as their agent). Attorneys generally try to get the John Doe Defendant to sign first and pay their settlement fee, and then ‘maybe’ the plaintiff attorney will sign it, and ‘maybe’ the attorney will accept the payment, and ‘maybe’ the attorney will release that defendant from liability once the settlement is received. These are games a plaintiff attorney may play, and for this reason, it is advisable to have the defense attorney insist that the plaintiff attorney sign the agreement first in order to bind their client to the terms of the agreement… before their client signs the agreement or pays a penny in settlement of the claims against them.

STEP 7) FOLLOW-UP WITH PLAINTIFF TO HAVE CLIENT’S “JOHN DOE” ENTITY DISMISSED FROM CASE.

Once again, this is self explanatory, but unfortunately, it must be a step. Too often, plaintiff attorneys have the clients sign first and pay first, and then when they get around to it, they’ll sign the agreement and release that defendant from liability. However, this could take weeks or months.

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The reason for this is because once their client has their money, without being contract-bound to release the defendant from the lawsuit, the John Doe Defendant who paid their settlement fee becomes a lower priority to the busy plaintiff attorney (who is juggling sometimes hundreds of defendants in multiple cases) who is more worried about the due dates for their other cases, or who is more worried about extracting settlements from other defendants. This is why it is important in STEP 6) for the plaintiff attorney to sign the agreement first.

Nevertheless, even with a signed agreement, sometimes the plaintiff attorneys need ‘reminders’ to do what they are duty-bound to do. Thus, your attorney should not close the client’s file when payment is sent, but rather, the attorney should stay on top of the plaintiff attorney until the dismissal is actually filed in the court dismissing that John Doe Defendant from liability.

In sum, copyright infringement cases are all similar, but each one has its nuances. The steps described in this article apply to any John Doe Defendant in any copyright infringement lawsuit, and for this reason, I wrote this article 1) to not only give the client an understanding of the steps which are required in representing a client prior to being named and served in a John Doe lawsuit, but more importantly, 2) to allow that client to hold their lawyer’s toes to the fire and make sure they are being represented carefully and individually.

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LEVERAGE:

ONE LAST THING — I wanted to discuss LEVERAGE. A copyright infringement lawsuit is in federal court, which means that out-of-state attorneys may attempt to solicit clients to engage in settlement negotiations only. However, with a client as serious as Siemens Industry Software Inc., especially with the financial backing of the corporation and the millions of dollars they can pour into their lawsuits, it is probably a good idea to retain an attorney who can step foot into the courtroom if something goes wrong (and things DO go wrong). The Siemens Industry Software Inc. attorneys at Reed Smith LLP can recognize an out-of-state attorney who has little leverage to negotiate versus an in-state attorney who is willing to pull the settlement off of the table and proceed with defending the case if the plaintiff is not being cooperative in resolving the claims against the client. In short, an attorney with leverage will get a better result for his client as compared to an out-of-state attorney without leverage.

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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.

    New Siemens Industry Software Inc. Software Piracy Lawsuit.

    Siemens PLM Software Lawsuit NX

    SIEMENS INDUSTRY SOFTWARE INC. SOFTWARE LAWSUITS — “THEY’RE BACK!”

    I didn’t want to let this one slide. Remember the Siemens Industry Software Inc. lawsuits (where Siemens sued a number of engineers who used their NX software without a license)? Well, in February, 2023, they have filed their newest copyright Infringement lawsuit (this is the ELEVENTH TIME they are suing), this time against 100 John Doe Defendants (here in our own Texas Southern District Court, no less).

    Siemens Industry Software Inc. v. Does 1-268 (Case No. 4:23-cv-00498), filed in February, 2023.

    I’ve already written all that needs to be known about the Siemens Industry 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 Industry Software Inc.’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 Industry Software Inc. 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 Industry Software Inc. 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 Industry Software Inc. 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.

    2023 UPDATE:

    WAVES 6-9 (2019-early 2021):

    In Wave 6-9 (2019-2021), Siemens Industry Software Inc. changed their strategy, attempting to streamline the settlement process.  In previous cases, those that used the software for personal reasons (e.g., academic, training, 3D printing, designing private home uses, etc.) were considered “tinkerers.”  In previous lawsuits, Siemens did not require this group of individuals to obtain a software license.

    IN WAVES 6-9, *THIS CHANGED*.  Siemens Industry Software Inc. asked most defendants to buy software to legitimize their use.  The software did not need to be the same $30,000 NX software they used prior to being sued, but lesser versions with fewer features, or altogether other software packages [at a steep discount] were presented as options.

    WAVE 10 (2022) followed the same trends as WAVE 9 (2021). The only difference is that the “tinkerer” category became relevant again. This does not mean that they did NOT ask defendants to purchase a piece of Siemens software (they did); however, their focus appeared to be on the engineers who were using their software in their own businesses for profit.

    WAVE 11 (2023):

    Now we are in Wave 11 (2023).  In this wave, there is one lawsuit which now has 268+ John Doe Defendants.  I do not yet know whether these 268 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.  I suspect that the 268 defendants in the (4:23-cv-00498) case are all new defendants.

    As always, here is how an attorney should be handling a Siemens Industry Software Inc. lawsuit, and how we at the Cashman Law Firm, PLLC would handle your Siemens Industry Software Inc. case. This has been an effective strategy in each of the various Siemens Industry Software 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 Industry Software Inc. software copyright case and options on how to proceed (even specifically for your circumstances), you can e-mail us at [email protected], you can set up a free and confidential phone consultation to speak to us about your Siemens Industry Software 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.

      How an attorney should handle a Siemens Industry Software Inc. Software Lawsuit

      Siemens PLM | Siemens Product Lifecycle Management Software Piracy Lawsuit

      Because software-based copyright infringement cases are especially concerning the John Doe Defendants who are accused of using pirated software (such as what is going on right now with the Siemens Industry Software Inc. v. Does 1-268 [4:23-cv-00498] case in Texas), I thought it would be beneficial to take a few moments and simplify the process. That way, when you pay an attorney, you will know exactly what the attorney will be doing.

      Steps an attorney should take in representing a defendant in a Siemens Industry Software Inc. case.

      Here are the steps your attorney (us, or anyone else) should be taking on your behalf — specifically with the Siemens Industry Software Inc. v. Does 1-268 (Case No. 4:23-cv-00498) case:

      STEP 1) STOP PLAINTIFF FROM CONTACTING YOU OR ANYONE ELSE ON YOUR BEHALF (WORKPLACE) ABOUT THE CLAIMS AGAINST YOU.

      Once your plaintiff attorney learns that you are represented by an attorney, all communication must be with that attorney alone. Phone calls or letters to client directly once a notice of representation is provided can jeopardize that attorney’s law license.

      STEP 2) RESEARCH AND DISCUSS CLAIMS COMPARING PLAINTIFF ATTORNEY’S DATA OF USE VERSUS ACTUAL USE OR NON-USE.

      Siemens Industry Software Inc. likes to research the claims, and they take their time in getting the entire picture before discussing settlement. It is important to share truthful information with your defense attorney so that claims against you can be disputed with facts and dates. And obviously, your attorney should have the common sense to discuss the claims without admitting guilt on your behalf.

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

      STEP 3) DISCUSS AND NEGOTIATE SETTLEMENT OPTIONS WITH PLAINTIFF ATTORNEY, WHETHER A SOFTWARE PURCHASE, A LICENSE, A SETTLEMENT FEE, OR NO SETTLEMENT (PROCEED WITH LAWSUIT).

      Normally the plaintiff attorneys in a copyright infringement lawsuit (or more frequently, a bittorrent-based “copyright troll” lawsuit) will immediately approach a settlement regardless of guilt or wrongdoing. This is not the case with the Siemens Industry Software Inc. software lawsuits. Rather, it appears as if they are seeking to convert those using unlicensed versions of their software into paying customers. For this reason, once the investigation is completed and claims are discussed, settlement options are discussed as well. This might include purchasing software, paying a settlement, or negotiating a license based on the limited past use of the software.

      The “no settlement” option is obviously the scenario where the client did not do the download. Because Siemens Industry Software Inc. software is expensive (costs can range from a few thousand dollars to over thirty thousand dollars), there is no reason to negotiate a settlement if the accused John Doe Defendant did not download or use the software. Rather, the alternative is to provide proof that the John Doe Defendant is not the individual Siemens Industry Software Inc. is looking for (it is difficult to prove a negative, but it is doable), or to help Siemens Industry Software Inc. come to the realization that the actual software user is the engineer next door running his business from his home.

      Obviously if neither side can agree on anything, then yes, it makes sense to proceed to allow the plaintiff attorney to name and serve your client, file an answer with the court, and proceed with defending your client’s interests in the courtroom.

      STEP 4) NEGOTIATE PRICE (IF BENEFICIAL, CONSIDERING CLIENT’S ABILITY TO PAY). PROVIDE DOCUMENTATION OR STATEMENT IF NECESSARY TO SUBSTANTIATE CLAIMS.

      Many accused defendants installed the software for educational purposes — to ‘tinker’ with the software, to learn the software, or to become conversant with the software. While the intention of the unlicensed use is noble (e.g., that user would later be working with a licensed version of the software at their workplace or in their business), for the moment, there was folly in their initial use of the software. This is our goal — to have these specifics be relevant and useful in a negotiation with Siemens Industry Software Inc. to arrive at a settlement price the client can afford.

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

      STEP 5) NEGOTIATE TERMS OF SETTLEMENT AGREEMENT. NEGOTIATE A SOFTWARE LICENSE IF NEEDED OR REQUIRED.

      These are two separate steps. The settlement agreement should be specific to the claims of copyright infringement, and they should include the nuances of Texas contract law in order to ensure the agreement is enforceable. The software license also is full of nuances and words that requires an attorney who knows what terms mean in software licenses (because certain words have meanings in the context of a software license which are contrary to the plain meaning of the word), and who is forceful enough to be willing to argue for terms or clauses which protect the client’s rights. Lastly, the software license should provide the accused John Doe Defendant the right to use the software in the way the accused defendant wants or needs to use the software in the future. It makes no sense to negotiate a limited software license to cover only past use when the defendant is an engineer and will be needing to use the software again in the future.

      STEP 6) HAVE PLAINTIFF ATTORNEY SIGN AGREEMENT(S), THEN HAVE CLIENT SIGN AGREEMENT(S) AND PROCESS SETTLEMENT PAYMENT.

      This is self explanatory. Siemens Industry Software Inc. is not bound to an agreement until they sign it (or until their attorney with authority to sign signs it on their behalf as their agent). Attorneys generally try to get the John Doe Defendant to sign first and pay their settlement fee, and then ‘maybe’ the plaintiff attorney will sign it, and ‘maybe’ the attorney will accept the payment, and ‘maybe’ the attorney will release that defendant from liability once the settlement is received. These are games a plaintiff attorney may play, and for this reason, it is advisable to have the defense attorney insist that the plaintiff attorney sign the agreement first in order to bind their client to the terms of the agreement… before their client signs the agreement or pays a penny in settlement of the claims against them.

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

      STEP 7) FOLLOW-UP WITH PLAINTIFF TO HAVE CLIENT’S “JOHN DOE” ENTITY DISMISSED FROM CASE.

      Once again, this is self explanatory, but unfortunately, it must be a step. Too often, plaintiff attorneys have the clients sign first and pay first, and then when they get around to it, they’ll sign the agreement and release that defendant from liability. However, this could take weeks or months.

      The reason for this is because once their client has their money, without being contract-bound to release the defendant from the lawsuit, the John Doe Defendant who paid their settlement fee becomes a lower priority to the busy plaintiff attorney (who is juggling sometimes hundreds of defendants in multiple cases) who is more worried about the due dates for their other cases, or who is more worried about extracting settlements from other defendants. This is why it is important in STEP 6) for the plaintiff attorney to sign the agreement first.

      Nevertheless, even with a signed agreement, sometimes the plaintiff attorneys need ‘reminders’ to do what they are duty-bound to do. Thus, your attorney should not close the client’s file when payment is sent, but rather, the attorney should stay on top of the plaintiff attorney until the dismissal is actually filed in the court dismissing that John Doe Defendant from liability.

      In sum, copyright infringement cases are all similar, but each one has its nuances. The steps described in this article apply to any John Doe Defendant in any copyright infringement lawsuit, and for this reason, I wrote this article 1) to not only give the client an understanding of the steps which are required in representing a client prior to being named and served in a John Doe lawsuit, but more importantly, 2) to allow that client to hold their lawyer’s toes to the fire and make sure they are being represented carefully and individually.

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

      LEVERAGE:

      ONE LAST THING — I wanted to discuss LEVERAGE. A copyright infringement lawsuit is in federal court, which means that out-of-state attorneys may attempt to solicit clients to engage in settlement negotiations only. However, with a client as large as Siemens Industry Software Inc., especially with the financial backing of the corporation and the millions of dollars they can pour into their lawsuits, it is probably a good idea to retain a local Texas-licensed attorney who can step foot into the courtroom if something goes wrong (and things DO go wrong). The Siemens Industry Software Inc. attorneys can recognize an out-of-state attorney who has little leverage to negotiate versus an in-state attorney who is willing to pull the settlement off of the table and proceed with defending the case if the plaintiff is not being cooperative in resolving the claims against the client. In short, an attorney with leverage will get a better result for his client as compared to an out-of-state attorney without leverage.

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

      OTHER ARTICLES ON THE SIEMENS PLM SOFTWARE CASES:

      Siemens Industry Software Inc. NX-based lawsuits – converting accused engineers into loyal customers, on 1/9/2017.

      Software Developers are now tracking piracy through the USE of downloaded software, on 9/9/2016.

      The Siemens Industry 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.

      —
      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 INDUSTRY SOFTWARE INC. converting NX software pirates into customers.

        Siemens PLM | Siemens Product Lifecycle Management Software Piracy Lawsuit

        Siemens Industry Software Inc. has been suing engineers as “John Doe” Defendants

        Siemens Industry Software Inc. has been suing engineers as ‘John Doe’ Defendants in federal courts.  The lawsuits are for the piracy of their NX software since it was in version 7 (so far, I have seen claims against users of NX 7, NX 8, NX 9, NX 10, and NX 11, but not yet for NX 12 — all of which are available on the bittorrent networks). Most recently, in the [*2023*] Siemens Industry Software Inc. v. Does 1-268 (Case No. 4:23-cv-00498) lawsuit, I have also seen lawsuits focusing in on the unlawful use of their Solid Edge, Star CCM, Femap, FloTHERM, Simcenter Testlab, and Jack software products.

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

        In June, I wrote the “What to do about the Siemens Industry Software Inc. v. Does case (TX)” article which provided specific information surrounding the lawsuit from information acquired from the Siemens Industry Software lawyers themselves. However, back then, there was much still unknown, and now (almost 6 months later), I have a much better idea of how this is happening, what Siemens Industry Software is doing to catch those using the software illegally, whether claims of piracy are leaking over to the employers of the engineers who use the pirated software at their workplace, and how they are handling claims against those defendants, both in and out of the courtroom.

        What you need to know about these lawsuits is that the Siemens Industry Software Inc. lawsuits still deceptively look like “copyright troll” lawsuits, but they are not. I will get into this momentarily.

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

        *2023 UPDATED* LIST OF FEDERAL COURT CASES FILED:

        IN THE CONNECTICUT DISTRICT COURT:
        Siemens Product Lifecycle Management Software Inc. et al v. Demin (Case No. 3:16-cv-00553)

        IN THE NEW YORK SOUTHERN DISTRICT COURT:
        Siemens Product Lifecycle Management Software, Inc. v. Does 1 – 100 (Case No. 1:14-cv-01926)
        Siemens Product Lifecycle Management Software, Inc. v. Does 1-50 (Case No. 1:11-cv-08469)

        IN THE OHIO SOUTHERN DISTRICT COURT:
        Siemens Product Lifecycle Management Software In v. Manufacturing Services International, Inc. (Case No. 3:16-cv-00182)

        IN THE PENNSYLVANIA EASTERN DISTRICT COURT:
        Siemens Product Lifecycle Management Software, Inc. v. Does 1-50 (Case No. 2:12-cv-06795)

        IN THE TEXAS EASTERN DISTRICT COURT:
        Siemens Product Lifecycle Management Software, Inc. v. BTL Machine, Inc. (Case No. 4:14-cv-00506)
        Siemens Product Lifecycle Management Software, Inc. v. Does (Case No. 4:15-cv-00582)
        Siemens Product Lifecycle Management Software, Inc. v. Mercury Metal Forming Technologies, LLC (Case No. 4:14-cv-00002)
        Siemens Product Lifecycle Management Software Inc. v. Does (Case No. 4:15-cv-00017)
        Siemens Product Lifecycle Management Software Inc. v. TWIVision Engineering Group, LLC (Case No. 6:11-cv-00679)

        IN THE TEXAS SOUTHERN DISTRICT COURT:
        *NEW* Siemens Industry Software Inc. v. Does 1-268 (Case No. 4:23-cv-00498)
        Siemens Industry Software Inc. v. Does 1-100 (Case No. 4:22-cv-00588)
        Siemens Industry Software Inc. v. Does 1-142 (Case No. 4:20-cv-00385)
        Siemens Industry Software Inc. v. Does 1-150 (Case No. 4:20-cv-00798)
        Siemens Industry Software Inc. v. Does 1-10 (Case No. 4:20-cv-00801)
        Siemens Product Lifecycle Management Software Inc. v. Does 1-118 (Case No. 4:19-cv-02448)
        Siemens Product Lifecycle Management Software Inc. v. Does 1-150 (Case No. 4:19-cv-00129)
        Siemens Product Lifecycle Management Software Inc. v. Does 1-107 (Case No. 4:18-cv-02344)
        Siemens Product Lifecycle Management Software Inc. v. Does 1-97 (Case No. 4:18-cv-00397)
        Siemens Product Lifecycle Management Software Inc. v. Does 1-93 (Case No. 4:17-cv-01796)
        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)

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

        JOHN DOE DEFENDANTS ARE GETTING CAUGHT THROUGH THE *USE* OF THE SOFTWARE, NOT THROUGH THE ACQUISITION OF THE SOFTWARE.

        In September of 2016, I was still piecing together how a person can get caught not through the download of pirated software via BitTorrent, but through the USE of that software (that article is still available for viewing, although the picture is more clear to us now as I describe my current understanding of it here, specifically tailored to the Siemens Industry Software Inc. Software-based lawsuits).

        As we’ve learned, most Siemens Industry Software Inc. NX Software available for download on the piracy websites comes with a serial number (“SN”) and an “activator” which modifies the application to allow it to accept a random password that the SN activator generated.  (Not relevant, but still interesting to know:  The serial number + details about the computer or laptop upon which it is installed creates a “Unique ID” which can be checked with valid IDs on the server; this circumvents a computer from using a “valid” registration code for a computer for which that registration code was not licensed to.  Thus, even though the serial number activator provided the software with a valid serial number, the company servers know the software is pirated.)

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

        This application modifier is known as a “crack,” and software which is altered to accept the serial number generated by the crack thinks locally (that is, on the laptop in which it was installed) that the software was properly acquired, purchased, and lawfully registered. Most cracks also revert the executable file used to run the file back to its original unaltered state once the software has been registered.

        The problem is that even cracked software connects to the internet, for example, to access libraries in the program file which are stored on the company’s servers. In other words, for economy purposes, it would take up too much hard drive space to store every piece of a large multi-gigabyte-sized program on each person’s hard drive. Thus, companies now store core components of their software on their servers. This is generally referred to as “cloud-based software,” but what exactly is stored online with the Siemens Industry software is still unknown (and they keep this purposefully undisclosed because they track the IP addresses of the computers who run the software and access these files online).

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

        EVEN IF THE SOFTWARE HAS BEEN REGISTERED using a “SN and an activator,” (as provided on the bittorrent websites), when the software connects to Siemens Industry Software Inc.’s servers to access pieces of the software to run, if the registration code (or more accurately, the Unique ID, as described above) does not match a valid paid registration from their own records, that software unbeknownst to the user is flagged as being unlicensed, and the IP address is recorded.  We now understand that the software user is not made aware of this until he is implicated as a John Doe Defendant in a copyright infringement lawsuit.

        EVERY TIME that user uses the NX software, another entry of unlicensed use is recorded (date, time, etc.) and the IP address of the internet connection used when accessing the software is also logged. This is how a Siemens Industry Software Inc. lawsuit against a John Doe engineer can leak over to his employer receiving letters for the infringement of their software, even when the software was acquired at the accused John Doe engineer’s home.

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

        WHO IS THE TARGET OF THESE LAWSUITS.

        I mentioned above that the Siemens Industry Software Inc. lawsuits look deceptively like “copyright troll” lawsuits, but in hindsight, we have learned they are not. Rather than extorting a few thousand dollars from every John Doe Defendant regardless of guilt, Siemens is looking for a particular defendant.

        Siemens Industry Software wants to find the engineer who is providing “paid” engineering services, either 1) from his own laptop in his own small business, or 2) from his employer’s place of business where unbeknownst to the employer, that employee is bringing his unlicensed software to his workplace and using that pirated software at work [noting that his work does not own or pay for a license for the software].

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

        In other words, Siemens Industry Software wants to find those engineers who are using their software but who are not paying a license for the use of that software, and they want to turn that enterprising engineer into a paying customer. Moreso, Siemens Industry Software wants to find that company (the employer of that engineer) who is benefiting from the unlicensed use of their software, and to turn that corporate entity into a “volume license” paying customer. This is where the “big bucks” are made.

        WHAT IF YOU ARE A STUDENT?

        Students are a different story than paid engineers. Just as law students are fed unlimited free case lookup services and are encouraged with points and free coffee mugs for using as much of services as they can [only to be hit with a multi-thousand-dollar subscription upon graduation for what a few days ago was free (think, WestLaw, LexisNexis)], engineering students are seen as the same “cash cows” for Siemens Industry Software Inc. as law students are seen by the WestLaw/Nexis case lookup services. A poor engineering student today is seen by Siemens as a future subscription-based customer for the rest of his working career, and if not, that engineer’s employer will be a “volume license” customer which is even more profitable for Siemens.

        If you have not yet figured this out, I have found that engineering students (and those individuals who are smart enough to figure out that the NX software has specific applications for use in conjunction with their 3D printers) find themselves in the spider web of these lawsuits more than anyone else. These individuals ‘mess around’ with the software in ways which do not provide them an income (what we call “non-revenue-producing use,” or “personal use”). Rather, they use the NX software (or more recently, the Solid Edge ST9 software) to gain professional skills knowing that if and when these students do find employment, use of the Siemens PLM software will become a necessity. So the students download it, play around with it, then get sued and call me fearing that their professional lives are over.

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

        But no attorney at Reed Smith LLP — not Robert Reinaldo Riddle, Andrew Bluebond, or most recently, Kate Geldmacher… and certainly not Steven Dietz — wants to end the financial life of a future customer. Aside from the fact that a student has no assets to seize, it is my understanding that Steven Dietz would rather turn that student into a loyal customer. For this reason, I have been able to accomplish resolutions of claims with students in a way in which is simply not available to the engineer who uses Siemens Industry Software Inc.’s unlicensed software for profit.

        That is not to say that an engineer won’t be able to “get out” of this lawsuit — it simply takes a bit more work, perhaps paying Siemens Industry Software a settlement fee based on their particular circumstances (read that again carefully), and based on what software was allegedly used, what module add-ons were used or needed, whether the use was for personal or business reasons, and whether use of the software is still needed in the future.

        The Engineer-Student Roommate Scenario

        Lastly, [since I am listing scenarios I’ve seen over the past few months,] non-engineering students who have roommates or suitemates who are engineering students also have been the recipients of the subpoena letters from their ISP (most recently, Comcast & Charter Communications). While Siemens does not see the non-engineering student or enterprising 3D printer genius as a future customer, your engineering roommate or suitemate is still seen as such, and thus involving him or her as part of the solution can easily fix a $150,000 copyright infringement lawsuit against you.

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

        In sum, Siemens wants to convert those illegally using their software into customers.

        So as you see, Siemens Industry Software Inc. looks like a copyright troll, but they are not. Their attorneys are often not interested in merely a settlement, but in converting the accused John Doe software user into a customer (or, as a future customer). This means that settlements are accepted where there is a future benefit to Siemens Industry Software, as they are not looking to use the lawsuits as a means to “cash out” or to “punish pirates.” Obviously this could change, and there have been circumstances where it is more feasible to simply defend a client by representing him or her in the federal court rather than having him agree to anything he or she did not do, but for the most part, Siemens Industry Software Inc. seems to be straightforward on what they seek to accomplish with these lawsuits.

        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.

        Siemens Industry Software Inc. NX-based lawsuits – converting accused engineers into loyal customers, on 1/9/2017.

        Software Developers are now tracking piracy through the USE of downloaded software, on 9/9/2016.

        The Siemens Industry 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.

        —
        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 Surprises John Does With $50K+ Settlement Requests

          Siemens PLM | Siemens Product Lifecycle Management Software Piracy Lawsuit

          I have done further searching, and it appears as if the prices that Siemens Industry Software Inc. 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.

          [ *2023 UPDATE* ] :
          REBRANDING.  In 2020, Siemens rebranded from “Siemens Product Lifecycle Management Software, Inc.” (or, “Siemens PLM”) to “Siemens Industry Software Inc.”  Their most recent 2023 lawsuit is the Siemens Industry Software Inc. v. Does 1-268 (Case No. 4:23-cv-00498) case, which was filed against 268+ defendants (usually in past lawsuits they only implicated 100 defendants). To avoid confusion, when referencing Siemens, I will use their current name, but when referencing their older cases, I will use the names that are still on the court records.

          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 Industry Software Inc. 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, they might be sent by Katherine Geldmacher) 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 Industry Software Inc.’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 INDUSTRY SOFTWARE INC. 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 INDUSTRY SOFTWARE INC. SOFTWARE?

          I mentioned $15,000 as the guesstimate of the base price for the Siemens Industry 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.

          2023 UPDATE: Siemens Industry Software Inc. 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 Industry 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 Industry Software Inc. (or “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 Industry Software Inc.’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 Industry Software Inc. 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 INDUSTRY SOFTWARE INC. CASES
            (as of MARCH, 2023)

            Cases Filed in the Texas Southern District Court:

            Siemens Industry Software Inc. v. Does 1-268 (Case No. 4:23-cv-00498) Siemens Industry Software Inc. v. Does 1-100 (Case No. 4:22-cv-00588)
            Siemens Industry Software Inc. v. Does 1-150 (Case No. 4:20-cv-00798)
            Siemens Industry Software Inc. v. Does 1-10 (Case No. 4:20-cv-00801)
            Siemens Product Lifecycle Management Software Inc. v. Does 1-118 (Case No. 4:19-cv-02448)
            Siemens Product Lifecycle Management Software Inc. v. Does 1-150 (Case No. 4:19-cv-00129)
            Siemens Product Lifecycle Management Software Inc. v. Does 1-107 (Case No. 4:18-cv-02344)
            Siemens Product Lifecycle Management Software Inc. v. Does 1-97 (Case No. 4:18-cv-00397)
            Siemens Product Lifecycle Management Software Inc. v. Does 1-93 (Case No. 4:17-cv-01796)
            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)