• Corel Draw software

Dear All,

I run an advertising agency in Bangalore from the past 8 years, few days back i got a call from CorelDraw software executive that we have been using their pirated version of the software. But to be frank we have got 1 licensed software and that expired in March 2020. Post which non of my designers preferred/used the software. But they are blaming that they have IP tracking of 6 systems using the software and asking us to buy the same. I tried to explain them that we are not using at all and moreover the company is going through tough time during this pandemic and struggling to pay salaries also. In-spite of that i'm getting calls everyday from them and emails treats about legal notice. Please help me what do i do.
Asked 1 year ago in Intellectual Property

2 answers received in 10 minutes.

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14 Answers

It's an offence to use a software in unauthorised manner. 

Therefore you did commit a crime for which criminal case can be filed against you under various provisions of IT Act and IPC.

Therefore its better you settle the dispute amicably by buying their product and start using it authoried manner. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
390 Consultations

5.0 on 5.0

Please issue legal notice to them warning for illegal activities and demands raised by them if persistently harrassment and phone calls continued then Please file a case of illegal demand, threatening and breach of peace against them before Police Station under whose jurisdiction you and your office carry on day to day business. 

Please do it immediately to stop the fake and fraud peoples from harrassment and  their abuse for illegal activities demanding unfairly from you of which you are not liable to pay them.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

If you're using online or keeping internet connection on for other PC which you're not using software but the court internet connection on so in this way company may have come to conclusions that you're using  six connection.

 

So for time being stop internet connection of five PC and use only one for uploading and downloading your corel draw software work and on rest five PC work as stand alone PC means without internet.

 

Second option is that can switch to other software which similar to Corel Draw and uninstall corel draw software so they can't do anything.

 

Otherwise you can stick to your words and tell them using only on one PC but do to hardware issue in the five PCs it install on rest of five PC but forget to uninstall software from rest five which are not in the working conditions and given them assurance that you will uninstall software from five PC (means you have to run PC without internet only standalone PCs). And get the license renewed in this way.

Ganesh Kadam
Advocate, Pune
12308 Answers
184 Consultations

4.9 on 5.0

Hello,

  1. It is only a pressure tactics to compel you to purchase the software as they are aware of the expiry date of the product sold to you last year. The next time that you get a call, inform them that if you receive any further solicitation you would lodge a police complaint for harassment. You can lodge a complaint with the police if they do not relent.
  2. Reply to the Email saying that you are  not interested to renew the subscription and shall contact them if the need arises and deny the use of pirated version of the software. 
  3. In case you receive a legal notice, engage a lawyer immediately to send a Reply Notice.

S J Mathew
Advocate, Mumbai
3369 Answers
172 Consultations

5.0 on 5.0

in event any legal notice is issued engage lawyer and reply to legal notice 

 

deny allegations of use of pirated software after expiry of licence 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

dear client,

You may file a FIR/Case against them for Harassing.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

Relax you can give your version in denial to reply the said notice and if any case is filed you need to contest. Its better not to use the pirated version for not infringing IP rights of companies

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

If you have received notice then it becomes your duty to issue a reply notice denying their allegations.

Since you are confident tht you are no more using their product without their permission you may challenge their claim and also inform that you re ready to face them in the court of law if they rush to court seeking any relief against you in this regard.

 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1459 Consultations

5.0 on 5.0

- Nowadays , all the software is having its expiration date , and after expiry of that due date , the said software stops to work property like antivirus etc. 

- Since earlier you was using the said software under a  licence , then your systems details are already with them , and they know that you are in need of this software , hence making pressure on your to purchase that software once again. 

-  You should send a reply that you are unable to use the said software now after the expiration of its licence , and further you are not in need of the same as well. 

- If they send a legal notice , then engage a lawyer for the reply of the same. 

Mohammed Shahzad
Advocate, Delhi
9473 Answers
107 Consultations

5.0 on 5.0

Serve them.with a legal notice for making illegal demands.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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..

In India, the copyright of computer software is protected under the Indian Copyright Act of 1957. Police can raid your office 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.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
32 Consultations

4.5 on 5.0

Ignore them if you haven't done anything wrong. 

Send them a legal notice for criminal intimidation and threats if they persist in their demands.

Rahul Mishra
Advocate, Lucknow
13678 Answers
62 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to serve a strong legal notice to the company asking the compensation for the mental agony and damages suffered by you due to the calls and threats exerted by them. 

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. Tell them that you are not using any of their software and deleted those from your systems as well and not interested in purchasing the software until the situation normalises.

2. If they still insist on making sale then tell them that you are going to make complaint against them if they call again and if they want to take legal action then ask them to send a legal notice through advocate.

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

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