To those engineers implicated in the recent Siemens Industry Software Inc. v. Does 1-150 (4:20-cv-00798) 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 April 5th, 2020 deadline provided to you on your Charter Communications ISP subpoena letter. Please be patient.
Choosing “the convenient path” before April 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.
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If you have read what I have written on the previous seven waves of lawsuits (this is the 8th time they have filed lawsuits with 100+ defendants), you already know that I have successfully represented many clients against Siemens Industry Software Inc. 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.
*2020 UPDATE: While many previous clients did not need to purchase a software license, as of Siemens Industry Software Inc.’s 2019 lawsuits, they are now asking ALL defendants to purchase a software license, even if it is to a lesser Siemens software product (or an entirely different software product).
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The “cooperative” approach vs. the litigious approach.
There are two ways to approach a Siemens Industry Software Inc. 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 150+ 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 Industry Software Inc. 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.
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What about my April 5th, 2020 deadline? Can I file a motion to quash the subpoena?
As for your April 5th, 2020 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 Industry Software Inc. 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 149 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 8th time Siemens Industry Software Inc. 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 Industry Software Inc., not litigious.
Have you read enough? Book Now to get help. > > >
Retaining me as your attorney before April 5th is a PREFERENCE, not a requirement.
In sum, while I always PREFER to have you be a client before your April 5th, 2020 deadline before your Charter ISP hands over your information, with the Siemens Industry Software Inc. cases, *this is not required.*
As I have written many times, Siemens (now with their Kate Geldmacher 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 4/5), 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 April 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 Industry Software Inc. cases from start-to-finish SEVEN 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 Industry Software and helping them sort through each of the 150+ 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.
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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.