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Ansys, Inc. is a corporation that develops engineering simulation software and services that are used by engineers and designers across the globe. It services a broad range of industries, including high-tech, aerospace, automotive, and energy to name a few.
The company’s flagship software product is Ansys Mechanical, which is used for analyzing and simulating the behavior of mechanical and structural systems. Ansys offers many more software simulation solutions, such as Ansys Mechanical and Ansys Fluent for simulating the behavior of fluids.
Like many software companies, Ansys distributes its software products by giving customers licenses, which are normally non transferable. This means the purchasing customer is the only legal user of the product.
Software copyrights protect Ansys’s intellectual property. The company can sue those who infringe on its copyright by using its software without a valid license.
This article provides an in-depth look at copyright infringement of Ansys’s products and the role of a copyright infringement lawyer in defending against allegations of copyright infringement. If Ansys has accused you of copyright infringement, contact Rosenblum Law right away.
Understanding Ansys, Inc. Copyright Infringement
Copyright infringement in the context of software refers to the illegal use of copyrighted software. Like books, music, and other expressions of original ideas in a fixed medium, software has copyright protection.
A new piece of software, like other forms of fixed creative expressions, does not require registration and is protected the moment it is created. However, registration is essential for being able to sue infringers of a copyrighted work.
Ansys, Inc. protects its software by registering for trademark and copyrights, limiting access to and distribution of the software, applying for patents, and protecting trade secrets through non-disclosure agreements. For example, the source code of its software is a registered copyrighted work. Any user of the Ansys software is required to agree to the License Agreement terms. Any redistribution or reproduction of the software that defies the terms of the license agreement can result in both criminal and civil prosecutions.
Common forms of Ansys, Inc. copyright infringement include:
- Using pirated software with cracked licenses that mimic the license verification technology
- Using a hacked version of the software that does not require a license during installation
- Unauthorized access to the software
- Unauthorized distribution of the software
Ansys, Inc.’s Response to Alleged Copyright Infringement
Ansys has a number of policies and procedures in place for detecting and addressing copyright infringement. These include:
- License verification technology that prevents the software from working unless the user can verify the license by way of either license key or hardware device
- Piracy Detection and Reporting Security Software (PDRSS), which identifies unlicensed software in use and sends a detailed report to Ansys, including the infringed product and the IP address of the user
Ansys has the right to terminate a customer’s license in the case of infringement. Termination is effective upon written notice, and no warning is required. If Ansys has terminated a license for infringement, the customer is not entitled to a refund.
To enforce its copyright, Ansys Inc. sends out cease-and-desist letters to those organizations that are found to be infringing or whose employees have been identified to have violated Ansys’ copyright. A cease-and-desist letter demands that the recipient terminate any illegal activity.
Lawsuits are expensive for both parties; Ansys Inc. and other corporations likely want to settle instead of going to court. Some cease-and-desist letters request a sum of money, while others ask to work with the recipient to reach a solution. In one letter sent by Ansys Inc., the company wrote “Ansys would like to come to a mutually beneficial resolution to this matter without taking further action” and specified a date in which the recipient needed to respond by. It’s important for anyone receiving a cease-and-desist letter to consult with an attorney to decide next steps.
The company is more likely to file for a lawsuit against persistent infringers, or against those who ignore a cease and desist letter. Examples of past enforcement actions by Ansys, Inc. include:
Lawsuit against Strand Associates in 2021:
- Ansys claimed that Strand Associates (SAI) employees, during the course of their employment, “installed, accessed, and used pirated versions of Ansys software”.
- Through the use of PDRSS, Ansys detected at least 12 instances of unauthorized access by SAI.
- Ansys claimed that as a direct result of infringement, they have suffered damages through loss of licensing revenue and diminishment of the value of Ansys software.
- The case was dismissed in 2022.
Lawsuit against SF Motors in 2021:
- Ansys alleged that SF Motors started using unlicensed and pirated versions of Ansys software and filed a complaint for 4 counts of copyright infringement.
- The case was settled out of court through mediation.
Lawsuit against Actox Corporation in 2020:
- Complaint alleged Actox used Ansys software illegally 278 times over a 5 year span.
- Ansys asked the court to issue an injunction, an award of damages, and a share of profits to be determined by the court.
- The case was voluntarily dismissed by Ansys in 2021.
The Role of an Ansys, Inc. Copyright Infringement Lawyer
In copyright infringement cases, having an experienced lawyer is crucial for either mitigating the penalty or possibly avoiding one altogether. A company like Ansys, Inc. will certainly have a team of lawyers ready to prosecute the case. Someone accused of infringement will have a difficult time effectively defending themselves without the help of an attorney.
A copyright infringement lawyer will have an initial consultation with a potential client to evaluate the merits of the case and suggest possible defenses. If the attorney is hired, they will handle a variety of matters on behalf of their new client, such as:
- Advising them on their legal rights and options to respond to the complaint, such as going to court, settling out of court, etc.
- Assisting in responding to cease and desist letters
- Gathering and analyzing evidence of alleged infringement
- Developing a defense strategy tailored to the specific facts of the case
- Representing the client during negotiations with Ansys out of court, or during trial if a settlement is not reached
While there are a variety of possible defenses to copyright infringement claims, some of the more relevant ones in response to an Ansys claim may include:
- A license defense, such as showing that an explicit license was granted to the defendant, or the defendant’s use of the software fell within the scope of a license.
- An independent creation defense, where the person created a similar kind of software to that of Ansys and did not copy or use the company’s software code
- A statute of limitations violation, meaning the lawsuit was not brought within three years of discovering the alleged infringement, as required by law
FAQs
Using pirated or hacked software, sublicensing, and transferring or assigning software rights are some forms of copyright infringement in the context of Ansys, Inc. ‘s software.
If found guilty, the infringing party can face both criminal and civil penalties. Criminal penalties include possible jail time and a fine of up to $250,000. Civil penalties may be up to $100,000 and include court costs and attorneys fees.
A lawyer can help determine how to respond to the letter, such as by asking Ansys to provide more specific evidence, denying infringement altogether, or negotiating an agreement. The lawyer will then craft a response.
An out-of-court settlement can be negotiated with Ansys. Furthermore, Ansys may be willing to negotiate a licensing agreement with the party that was using an infringing copy of the software. Both of these options are best explored and negotiated with the help of an attorney.
Attorneys fees are a very broad range and determined by a number of factors, including the attorney’s experience, the specific facts of the case, and the amount of time necessary to mount an appropriate defense. Note also that if successful, the court may award a reasonable attorney’s fee to the prevailing party as part of the costs.
Bring all documents and other forms of evidence that might be pertinent to your defense, such as proof of licensing — in other words, anything that you believe would show the attorney why you were not infringing on the copyright.
This depends on several things, including the complexity of the case, the number of other cases on the court’s docket, and whether both parties meet the court’s deadlines. Expect a minimum of several months for a case to be resolved, and cases that are litigated can drag on for a year or more.
Contact a Rosenblum Law Copyright Infringement Lawyer Today
If a copyright infringement claim has been brought against you by Ansys, Inc., the possible consequences of the lawsuit could be severe. Rather than taking your chances alone, hire an experienced attorney from Rosenblum Law who can mount a rigorous defense. We will explain your rights and craft a defense strategy that is mostly likely to achieve a favorable outcome. Contact us today for a free consultation and case evaluation.
Last updated: Aug 9, 2024
