Cease-and-desist letters and negotiated settlements
Most organizations settle once they see the evidence. ITCA contacts them on the publisher’s behalf, in their own language, and makes it simple to buy the licenses they need. When friendly contact is ignored, a formal cease-and-desist letter sets out the evidence, the publisher’s rights and a deadline.
How it works
First contact
We explain what we found and offer a straightforward way to license.
Formal notice
If contact is ignored, a cease-and-desist letter sets out the evidence, the rights involved and a deadline.
Negotiation
For larger cases our regional teams meet the organization in person and agree a settlement and a license plan.
Mediation
When the parties disagree on facts or amounts, we take part in pre-litigation or court-annexed mediation.
When it fits
An organization ignores friendly contact
A formal letter shows the matter is serious and starts a clear timeline.
A large or sensitive case
A personal meeting with a regional team often resolves what letters cannot.
A dispute about the facts or the amount
Mediation can settle it without the cost of a full court case.
What happened when letters were ignored
Milan Court Sentences Software Pirate to Nine Months in Prison
A Milan court sentenced a man to nine months in prison and a fine for copying Materialise Magics 3D printing software at the company where he worked.
Delhi High Court Bars Cleantech Firm From Using Unlicensed SolidWorks, Citing Phone-Home Data
The Delhi High Court granted Dassault Systèmes SolidWorks an interim injunction against a cleantech firm running unlicensed copies on 12 computers.
Brazilian Court Orders Engineering Firms to Pay Autodesk Ten Times the License Value
A Minas Gerais court ordered two engineering firms to pay Autodesk about R$177,300, ten times the license value, for unlicensed AutoCAD and Revit.
Questions
What does a software cease-and-desist letter contain?
It identifies the software and the rights holder, summarizes the evidence of unlicensed use, explains the legal position and sets a deadline to stop the use and resolve the matter.
Is the organization told who reported it?
No. ITCA never reveals the identity of informants, and the case is based on evidence gathered and verified independently.
What if the organization ignores the letter?
The publisher can take legal action. In the cases on this page, companies that ignored letters faced injunctions, criminal convictions and damages of up to ten times the license value.
Talk to a compliance specialist
Tell us about your software and markets, and we will show you how a program would work for you.
Contact ITCA