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Vero Audits & Lawsuits

Vero Software Lawsuits – The need to take legal demand letters serious

demand letter from Vero Software

Introduction

If you are dealing with Vero software this is a very important blog.  You need to realize from the outset that Vero will file a copyright infringement lawsuit, and that is a threat that needs to be taken very serious when you receive an infringement notice, and are given a chance to negotiate a settlement.

The Vero software approach to copyright compliance & enforcement

Here is the general pattern I have seen these cases take:

  1. The first thing that may happen is you receive an email, letter or a telephone call from a Vero representative claiming your company is using unauthorized or pirated software.  Edgecam is one of their main products.  Alphacam is another.
  2. The letter you receive may threaten you with a copyright crime in a “not so subtle” fashion.  For example, here is one piece of a letter:

“As you can see, this is significantly lower than the original quote I sent you, and much less than a potential $150,000.00 Statutory Damages penalty that could be handed down in Federal Court under U.S. Copyright Law, 17 U.S.C. §§ 501-506, which could include not only a civil penalty against the Company, but also a criminal penalty against the individual responsible for downloading the illegal license. I also am including a link below for your records so as to educate yourself, and your employees of the potential legal ramifications with this type of offense.”  The compliance rep then offers a link to: 

https://www.law.cornell.edu/uscode/text/17/chapter-5

3. You may be given a quote to settle your case by purchasing one or more copies of their software

4.  If you can afford to buy the software and settle the case you may want to request a confidential settlement agreement with release of all claims against the company and its officers and directors (who can be personally named in a federal court lawsuit).

5.  If the case is not settled, it is possible Vero will file a federal court lawsuit.

Vero lawsuit sample allegations

Here are a few sample allegations you might see in a copyright lawsuit involving Vero:

  1. That a user downloaded their software or installed without authorization
  2. That the piracy is willful
  3. That the court should issue an injunction
  4. That the Defendant should be required to pay damages including attorney fees

A person sued with a federal court lawsuit has 21 days to respond to the complaint.  A response can include filing a motion to dismiss (ex. court has no jurisdiction), or a Defendant can file an answer with affirmative defenses, and potentially a counterclaim (depending upon the facts of the case).

One of the challenges may be the use of “monitoring technology” that “phones home” certain information, (purportedly a user agrees to this when it installs the product and agrees to the end user license agreement which purportedly discloses this), another defense may be the copyright statute of limitations (generally three years from the date of discovery).  Other defenses to copyright infringement can also be explored.  A countersuit might be for breach of their support or maintenance or other causes of action that might exist.

Contact a software infringement law firm to respond to your Copyright complaint

If you need help dealing with a Vero software demand letter or responding (defending) against a copyright lawsuit, call us to discuss your options. We can be reached at (877) 276-5084.  We can offer low flat rate fees for most non-litigation cases.