Another SolidWorks CJCH thread - with a twist

[Steve Bird]

Hi all,

 

We've gotten through communication from Solidworks/CJCH about usage of their software without a license. Small business, you could say that their claim is valid.

 

They're asking 8k in damages, or 7.5k for a license. We have engaged with the mediator, and run through financing options and discussed paying for a license - as we had no idea these forums existed.

We haven't admitted that we've done this at any point.

 

We're relatively unable to afford 7.5k, but they don't seem to care.

 

Do we ignore as everyone else suggests in this forums, even though we've engaged with them up until this point, or is it too late?

 

I've read many many threads - but I've never seen someone categorically say that they've never been followed up since - I've never seen someone come back 2 years later and post "oh yeah in the end it was fine, they didnt follow up".

 

We've spoken to lawyers about this and they've said that they could potentially go through to criminal court if we for example folded the company or tried to sell on our assets. They suggest not ignoring as the damages & legal fees would be significantly higher than 7.5k should they choose to follow through.

 

Help is appreciated.

[Andyorch]

Until you receive a letter of claim pursuant to the Pre Action Protocol or a valid court claim the rest is just smoke and mirrors, don't encourage them.

 

Andy 

[Steve Bird]

Would I be liable for legal fees should I get one of those actions through? Or at that point could we just pay the damages at 8k if they send through an official letter?
Would there be any negative or bad name on the company?

[honeybee13]

Hi.

 

I hope you don't mind my asking, but looking at how you write I'm wondering if you're in the UK? If you are, we're more than happy to help, I just wondered.

 

HB

[Steve Bird]

I am from the UK

[Andyorch]

30 minutes ago, Steve Bird said:

Would I be liable for legal fees should I get one of those actions through? Or at that point could we just pay the damages at 8k if they send through an official letter?
Would there be any negative or bad name on the company?

 

Not unless they issue a court claim and succeed which isn't going happen ...you are not liable for anything until such time its proven otherwise ,it would be a very complicated claim and their costs would well exceed the 8K  without guaranteed success.

[Steve Bird]

Okay great thanks for the info.

I've been wondering how I can look at the history of lawsuits for a particular company - but I'm unable to figure out how that works.

Is it possible to see a history of CJCH or Solidworks cases? Does anyone know of any that have gone through? I assume in rare cases they may go after the larger cases.

[BankFodder]

And in any event, you would want to know how they calculate their claim for damages – although don't ask them at this point. Follow the advice given above.

You can be certain that if they make a claim for £8000 damages – that a court will want to understand why or how they have arrived at that figure.

It would be reasonable for you to want to know that as well.

For the moment, follow the advice above

[Steve Bird]

We did actually ask them how they got to £8k already - and the basic premise was that we've used their licensed software, and that's the cost of a license - therefore I wouldn't have been able to use the software without paying that much, so they missed out on an £8k sale.

Saying that, I do believe the software is cheaper than that though as the product they've quoted us is a 2 year license as far as I'm aware!

[Steve Bird]

Is the way to go to just ignore them - or to make it clear all the below:

A) We cannot pay - we don't have enough money.

B) We dispute the settlement amount.

C) We didn't pirate it <- or would us flat out denying it be potential evidence of lieing in the almost 0 chance that they did take us to court?

[Andyorch]

No you ignore them until my post #2 above ever happens.