How do I respond to this... is this some kind of legal notice?
I am an architect and not practicing any more due to prevailing medical conditions. Last evening I received a mail purportedly from a representative of Autodesk suggesting I perform an audit of my computer and apprise him of details of software I have installed in my computer. On the face value based on the contents of the email, which I have reproduced verbatim at the end of this query, I have a feeling that the rep is trying to sell or push an Autodesk License in a veiled intimidating tactics. I neither use any Autodesk products nor have any Autodesk software installed in my computer, the reason Autodesk does not have on records any registered License of their products in my name or in my companies. Also I am not at all interested in the offers Autodesk suggests. Shall be deeply obliged if an expert can guide me if I should respond to the mail or ignore it altogether, and, If I need to respond, am I legally bound to undertake the unwarranted audit check of my computer and share the confidential contents of my computer with the rep on the basis of the mail reproduced below? Also kindly suggest how I can dissuade Autodesk from harassing me just because they are software giants and I belong to the profession that.Autodesk aims to serve with their products
Thanks and Regards,
Extract of email:
1. We write to you on behalf of Autodesk India Private Ltd.
2. Autodesk India Private Limited is a subsidiary of Autodesk Inc. (“Autodesk”). Autodesk is the copyright owner of various software titles including, but not limited to, AutoCAD, 3ds Max and Maya (“Autodesk Products”). Autodesk India Private Ltd. is duly authorized to enforce the copyrights that protect the Autodesk Products in India.
3. The records show that your company does not hold any registered license from Autodesk, though you may be using some of their products.
4. We request you to check at your end if you are using any Autodesk Products. The use or installation of any Autodesk Product requires a corresponding license, which authorizes the use or installation. At this point, we are approaching you in good faith and request that you carry out an audit of your machines. In the event that there is a shortfall of licenses, or any licenses which are not properly procured, please reach out to us and we will be glad to assist you. Kindly revert to us by April 13, 2016 with your audit results.
5. To help customers, Autodesk has introduced Desktop subscription licenses. There are numerous advantages to these licenses, namely:
a) They are term based, which means that customers purchase them for the duration for which they need them. This model is ideal for customers with project based needs;
b) Their upfront cost is significantly lower than perpetual licenses, thereby reducing customers’ cash outlay and helping cash flow;
c) They are easy to manage and control.
6. Please note that Autodesk treats any infringement of its copyright very seriously. The Autodesk legal counsel informs us that Autodesk software is protected under The Copyright Act, 1957 of India ("the Act") and other related laws.
7. The legal counsel also notes that under Section 63B of the Act, the use of unlicensed software is a cognizable and non-bailable criminal offence; further, that under Section 69 of the Act, every person, who at the time the offence was committed, was in charge of the conduct of the business of the company committing such infringement, shall be deemed to be guilty of such offence and will be punished accordingly.
8. Besides the compliance issues set out above, there are risks relating to software and data security; malware; computer viruses as well as down time resulting from a lack of technical support that licensed users may enjoy. All such risks may cause serious negative impacts on your company’s regular business operation as well as corporate reputation.
9. For that reason, we ask that you kindly contact at ......................... by April 13, 2016. We look forward to hearing from you.