• A software company forced to purchase their software

Dear Sir / Madam
 2 years ago I start my business. A small-scale printing press. Last month I received a call from the reseller team of Coral Draw Software. They ask me if you use Corel Draw software then you need to buy it. In fact, Sir I do not have a professional designer to complete all my design work, so my work done by outside freelance professional. I only install software for learning purpose. (Mostly not for commercial use) These days, we face recession in market. We did not able to buy his costly software. One thing that we have used corel 2013 version. But they only forced to buy 2019 version. Now I uninstalled the software. Repeatedly they are called via phone and mails asked to purchase a licensed version. I said that it is not necessary for us when i need it professionally i definitely purchase it . (We only used the learning objective). Last month Coral's reseller team came to our shop and said "buy software otherwise we'll go to court". It is not affordable for me. Please help us what we do.

Thank you
Asked 6 years ago in Business Law

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14 Answers

You write them stating that you downloaded one copy of the software for learning purposes only and no commercial use was made of that software. On your demands you have already destroyed that copy from all sources of use. 

At present you have no further requirements of that software. Hence you are no way interested in purchasing the same from you and therefore it is requested  not to insist you for purchasing the same. 

Send it by registered post. 

If you face any problems you may contact here. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

If you get legal notice then contact here. A proper reply to the notice shall be given to the party. No need to worry. They can not force you to buy. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

See you can deny purchasing it but if you have used there cracked version or unlicensed software they can file a complaint or suit recovering damages from you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See in case they send you a legal notice you need to reply same denying the allegations and saying you have not used same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

They cannot force you to buy their agreement by way of threatening you of a legal action.

You need not succumb to the pressure being casted by them.

If at any point of time they go to the Court or send you a legal notice, you will have sufficient opportunity yo respond. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. It appears you once used its trial pack and due to high price you never used this.subsequently

if that is so then they can not force you to buy its present product.

Now if you are not using their pirated product then there is nothing to get worried nor they can take any legal recourse.

it is premised that you have not ever resorted to unauthorised use of the product.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

No need to buy costly software 

 

you cannot be forced to buy software against your wishes 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

If any legal notice is issued you must reply to legal notice 

 

contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

If you are using free/open source software then the software company cannot send you notice and these types of software, generally, are for free trial basis for one month. BUT if you are commercially exploiting any software meaning thereby developing the software and selling it out, doing any work to get money, in other words for gaining money by using this software, is a violation of copyright. If anyone is using patch version of any software, pirated software and generate key by any key generator, is an infringement of copyright and for that a company can take action against you.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

In India, the copyright of computer software is protected under the Indian Copyright Act of 1957. Police can raid your office or house and can arrest you without warrant. Under the Indian Copyright Act, a software pirate can be tried under both civil and criminal law. Sections of The IT Act, 2000, specifically Section 63B, can also be applied based on scenario of piracy. The minimum jail term for software copyright infringement is seven days, and the maximum jail term is three years. Statutory fines range from a minimum of 50,000 to a maximum of 200,000 rupees. so better uninstall software or buy license version. they cannot force you to buy license version of software. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dont get threatened by their threats. You file a police complaint for extortion and threats against them if they harass you. If you get scared of their threats they will take advantage of the same

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Avoided them, no license required, reply to legal notice citing law which dose not require license.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

They cannot force you to buy their product against your willingness.

When they visit your shop next time in this regard or torture you over phone, you issue a legal notice instructing them to refrain from such illegal activities otherwise you would be constrained to initiate legal actions against them through police and court of law, this will put an end to their pressures.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

You contact a local advocate and issue a legal notice to them as suggested.

Let them give a reply, you can plan further actions after that.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

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