How To Identify Pirated Software

Download Serials from Popular Software. Before you move on to the list dealing with the ideal pirated software download sites, be careful in ensuring that you do not download from Pirate Bay. Yes, it’s true that this is a handy resource where you’ll find all kinds of software torrents, from obscure apps to the most pirated software 2017.

Introduction

Did you recently receive a demand letter from a law firm asking you to submit to a voluntary software audit of your company’s computers, servers and laptops? If so, like many companies’ you may be asking “how did they figure this out.” This is a question just about every company asks me when they call for a free initial consultation.

Here are some of the top ways that I believe Autodesk might have found out that your company is or was using software illegally without the proper licensing proof for each copy installed. This is not an exclusive list, but these are some of the top theories we have explored in my experience as a software licensing lawyer having helped many different types of companies across the United States in licensing audits with Microsoft, BSA, SIIA and other vendors, and with Autodesk audits initiated by the Donahue FitzgeraldLLP law firm that handles many of these cases.

Identify

The following information can help you identify pirated software and keep your MathWorks licenses compliant. Piracy is a growing concern throughout the software industry, and many people don't know when they are violating the software license agreement or that they have installed pirated versions of MathWorks software. Windows 10 can find pirated software on your PC and stop you using it USERS who upgrade to Windows 10 face new rules on illegal downloads. By David Sneling. PUBLISHED: 10:29, Mon, Aug 17, 2015.

An “informant” told them your business is not properly licensed.

This I would say has to be the number one way Autodesk might learn of software piracy, in my opinion. So many of the copyright cases I handle deal with a recent firing of CFO, CIO, employee, or IT director, (sometimes when the company fights unemployment insurance claims), or other type of “whistleblower” cases where someone has first hand personal knowledge of the servers, networks and computers within a company, and felt then need to report illegal usage by a various departments of an architect, engineering or design firm.

As a software attorney, we try to find out what the “source of the audit” is, although pursuant to both the software alliance (BSA) and the SIIA policies, these trade organizations will guard this information closely and not reveal the name or identity of the informant unless the case goes to litigation. Autodesk has a similar policy of NOT DISCLOSING INFORMANT INFORMATION or the substance of any reports or declarations they may have received. Nevertheless, we know this is one of the main ways they will find our your business is using unlicensed software.

Click here to see one software alliance anti-piracy advertisement I ran across touting informant rewards up to one million dollars. Naturally, ads like these will draw some interest from those employees who have 'one foot out the door' and suspect corporate widespread piracy.

Someone at your company illegally downloaded software on file sharing websites such as Bittorrent or Kickass Torrens and used “crack codes” or “crack tools” to access their products

This is another way that can come up during the audit process. As copyright counsel, I might be told “ask your client about their use of “crack codes” or “key generators” to access our products.” This is a not-so-subtle “hint” that Autodesk might have knowledge of downloading illegal software on P2P (peer-to-peer) files sharing websites like bittorren and may involve illegal software cracking tools. These cases are seen as very serious to any software company that is pursuing an investigation, and depending on the levels of infringement, there are possible criminal copyright implications that can arise, and a possible referral to federal authorities. In most cases, however, the alleged copyright infringement can be resolved CONFIDENTIALLY and civilly without resort to United States Attorney General’s office, the FBI, CIA, Postmaster General or other federal legal authorities.

You posted a job posting looking for a CAD technician and when Autodesk looked up your company they did not find any licensed registered software.

There are other ways your company may find itself on the radar of IP counsel for major software companies like Adobe, Microsoft, and others. Another example can be where your company recently posted a job ad or “help wanted” ad on major job websites such as Monster.com, Indeed, Craigslist, Career Builder, Job.com or others. If you are posting an ad for your “growing architecture firm” or “expanding our engineering department” and the ad seeks persons skilled in AutoCad or any of the other products listed below, this would seem to suggest that your company is already using the software (sometimes it is a student version or trial version).

It is not clear to what extent Autodesk is looking at these ads, if at all, but we have had several recent cases where clients have told us “it had to be that CAD job posting we recently posted.” This is another way we believe they may find out your business might be using illegal software, and it appears this could be one ground which can trigger one of their attorneys sending the “software audit demand letter.”

Note, the audit is normally considered to be “voluntary” but for most companies it does not always feel that way. Sometimes a client may be read the riot act and be told they are risking a willful copyright infringement case with damages or penalties in the amount of $150,000 per infringed title. Most cases can be settled privately at far less than this amount, yet it is the risk that goes with willfully infringing a software vendors products. We have talked about Defenses to Copyright Infringement in other podcasts and videos.

Click here to See Attorney Steve video on Copyright Infringement Damages

Your social media profile on LinkedIn shows you being an expert in products such as Autocad, LT, or Revitt, yet there is no proof of licensing any versions of their software

This is another variation of the job-posting discussed above, except in this example, perhaps your design firm is touting its credentials in “CAD Design” on an employees, or owners social LinkedIN page. In fact, one Autodesk lawyer told me ‘check your Clients linked in page, he is touting all his experience in Revitt or Autocad, but we see no licensed copies.’ These are the types of cases that can also trigger an audit demand letter from the Donahue Fitzgerald firm.

An IT “consultant” installed software on your networks and then reported you to seek a reward

This is another variation of the informant scenario (discussed above), but this may involve a “software vendor” or IT “contractor” actually installing bootleg software and then reporting this to the Business Software Alliance, or Autodesk. Again, we cannot confirm this, but this has been the subject of several discussions with our Clients that suspect the consultant they hired off Craigslist or Angie’s List sold them software at an extremely low price, and then may have turned around and reported the company months later. This is simply one theory that has surfaced.

You submitted a “crash report” to Autodesk and they found out your company is not properly licensed as a user.

How To Identify Pirated Software

Sometimes, if your engineering company or architecture firm is using Autocad, the software will “crash.” For example, when switching tabs, drawing lines, copying and pasting things, or zooming.

This will generate a “crash report” that could be sent to Autodesk. The same thing happens with Microsoft software. Some companies use a 'phone-home' technology to report back software installations on your network. They claim the EULA you (clicked) 'I agree' to authorized them to monitor installations of their software on your computer networks.

Click here to see an example of a software crash report page. These reports can basically send a signal to Autodesk, and the ping may cause someone to find out your IP address and other information, and lead Autodesk to investigate whether or not the software is properly licensed. If true, this is yet another way you may find yourself preparing to respond to a licensing verification audit that seeks your company to affirmatively prove that it has properly licensed their software (by showing proofs of purchase for all software being used). We have helped companies across the United States handle these investigation letters that implicitly threaten potential civil liability.

Note: We have discussed on other blogs how company officers and directors could potentially be held liable in these types of cases. Again, many times this will not become an issue if the case is handled and settled privately, as many are.

A authorized reseller or SAM (Software Asset Management) person may come to your office, notice shortages and be obligated to inform Autodesk per their agreements.

This is another one that we believe has surfaced before, again, not verified but something one Client we had believed happened. You invite an authorized representative to come to your office, and they notice Dell or HP computer that your company purchased OEM (Original Equipment Manufacturer), but the representative notices you are running unlicensed versions of Autodesk, 32 or Revit. If they report back, you might get the 'love letter' from Autodesk asking you to engage in an audit, probably more likely if you never moved forward to purchase any software after being notified of same.

BestIdentify

TIP: Remember with the OEM you want to make sure your receipts note that you purchased not only the HP or DELL laptop or computer but ALSO purchased software. Usually this is more of a Microsoft issue (with the Word, Excel Office products) than anything else.

You foolishly posted on their website or another tech support website (message board) seeking help with the product and they look you up and find out you are asking for help with a product you don't even have licensed.

What are some of the main types of products that may be at issue in Autodesk software audits

Here are some of the main products that may be the subject of receiving a software audit demand letter from a trade association or intellectual property law firm, (Donahue & Fitzgerald is likely the attorneys you might receive a letter from):

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AutoCAD 2013

AutoCAD 2014

AutoCAD Architecture 2013

AutoCAD Architecture 2014

AutoCAD Civil 3D 2013

AutoCAD Civil 3D 2014

AutoCAD Electrical 2013

AutoCAD Electrical 2014

AutoCAD Electrical 2015

AutoCAD Electrical 2016

AutoCAD LT 2013

AutoCAD LT 2016

AutoCAD MEP 2013

AutoCAD MEP 2016

AutoCAD Map 3D 2013

AutoCAD Map 3D 2016

AutoCAD Map 3D Enterprise 2013

AutoCAD Mechanical 2014

AutoCAD Mechanical 2015

AutoCAD P&ID 2013

AutoCAD P&ID 2014

AutoCAD P&ID 2016

AutoCAD Plant 3D 2013

Sites

AutoCAD Plant 3D 2014

AutoCAD Plant 3D 2016

AutoCAD Raster Design 2013

AutoCAD Raster Design 2015

AutoCAD Raster Design 2016

AutoCAD Structural Detailing 2013

AutoCAD Structural Detailing 2014

AutoCAD Utility Design 2013

AutoCAD Utility Design 2015

AutoCAD Ecscad 2013

What to do IMMEDIATELY when you receive a letter seeking an audit of your business

It is important to know your software audit rights. The first and most important thing to do is to not talk to anyone else and call a lawyer. You will want to have your letter reviewed by experience IP counsel.

Do not immediately run out and delete software. If your case goes to court, showing deletion of software could help them prove their case.

Do not immediately run out and try to buy software hoping that will make the situation go away. Usually, that will not help and they will still be seeking infringing and past use penalties.

We can help you try to understand the process and let you know what you can expect. We hope this blog has been helpful.

Again, this is not an exclusive list of the ways your company can get caught in a licensing dispute, but this should give you some general ideas.

We can be reached at (877) 276-5084. We have offices in San Francisco (serving the Northern District Federal Courts, California San Diego, Newport Beach, Santa Monica (serving greater Los Angeles area) and Phoenix, Arizona.

We can help any company facing potential threats of copyright infringement in the United States. This has included companies from Canada dealing with United States software vendors.

We can also help with Siemens audits, Vero software, VB conversion, Microsoft SPLA audits, Solidworks and other vendors. We have experience working with large accounting companies such as KPMG. Call us for a free quote. We offer flat rate legal fees for most engagements.

For more detailed information, blogs, videos and other helpful tips check out our main website at www.SoftwareAuditLawyers.com. Also, any company facing an audit should review our free software audit checklist.

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September 2020 Autodesk update: Autodesk is continuing to audit current customers (contractual audits they call them), and may try to force you to install their Scan Win software. I will typically ask them Show me proof of the agreement, who signed it, and how Scan Win is required. I do not want to risk running third party software on my clients networks unless (a) it is required and (b) they agree to indemnify for any bugs, viruses, or harm caused to my clients computers, laptops, and servers. This is general information only.


What’s the big deal about “piracy?” So I downloaded one song from a file-sharing site instead of paying for it. The artist is a multi-millionaire; she doesn’t need my hard-earned cash. I can listen to the song free when it plays on the radio, why shouldn’t I listen to it free whenever I want? Or share it with my friends?

Movie tickets are expensive – besides, I can get a copy of lots of new movies before they even hit the theaters, so why shouldn’t I?

And don’t get me started on the amount software companies charge; they want people to pay hundreds of bucks! Why would I pay out when I can download it free and just pay a few bucks to get the authentication codes needed to circumvent the security measures?

Piracy is a crime. Unfortunately, lots of youth and adults think sharing software, games, music, ebooks, pictures, etc. is just a convenient tool to help reduce costs. In fact, digital piracy is often portrayed as a victimless crime, but that portrayal is false.

Consider the costs:

  • A whopping $59 billion dollars’ worth of software was stolen worldwide in 2010 according to the Business Software Alliancei. In the US alone, 20% of all software installations in 2010 were pirated copies that cost the software industry $9.5 billion dollars.

  • A survey by the International Federation of the Phonographic Industry claims illegal downloads account for 95% of all music downloaded worldwide in 2010ii. In fact, the situation is so dire that the digital growth in music fell from 25% in 2008 to 12% in 2010 in spite of increasing anti-piracy legislation and low-cost services allowing consumers to download individual songs. Global sales in the music industry have fallen 30% over the past five years in spite of a 940% growth in digital.

  • John Kennedy, executive chairman of the IFPI, said: 'It would be great to report these innovations have been rewarded by market growth, more investment in artists, more jobs. Sadly, that is not the case. Digital piracy remains a huge barrier to market growthiii.'

  • The film industry does not appear to take much of a piracy hit on movies within the US, but the cost to the industry in loss of international sales is significant, though there are variations based on genre and on how long it takes to get the legitimate movie into theaters in various countries; the longer the delay, the greater the financial loss to piracyiv.

Piracy negatively affects every single person working in these industries and their supply chains. There is less money to invest in new software, developing music artists, and movies. There is less work for developers, testers, sound engineers, videographers, actors, scriptwriters, musicians, assistants, set designers, security guards, stores, salespeople, website developers and every other type of person who goes into creating, packaging, advertising, distributing, supporting, promoting or reviewing these products and services.

Most of the people who lost work because of piracy and stolen profits will struggle for the means to support their families. The loss of income means they aren’t going out to eat and shop to help keep their local community’s economy healthier. This loss of income may shut the door on the restaurants and stores they once visited in your hometown. Since they can no longer afford home remodeling, new plumbing, repaving or new furniture, these businesses will also suffer along with everyone who works in the housing industry. The loss of income may force families into foreclosure, dropping the value of all homes in the area, including yours. And the loss of income may mean these families cannot afford to send their kids to college and create a brighter future for themselves and the country.

When you download illegal content or share copyrighted content with others, you do not see your victims, but digital piracy steals the income from millions of hardworking people.

Piracy is theft

There are very clear laws about what people can and cannot do with purchased content. Generally, purchasing content means you are allowed to listen, play, read, or use that content yourself. It does not give you the right to copy it, share it, trade it, let others download it or make money off of it for yourself, like buying a movie and then charging people to come see it.

Copying software or digital content without permission of the content creator is stealing. It is no different than shoplifting the same program from a computer store. It doesn’t matter whether you copied copyrighted material from a friend, illegally downloaded from the internet, or purchased from a person who was selling illegally made copies; it is all theft.

People who copy digital content they do not have permission to use are digital pirates. This includes:

  • Copying digital content a friend has bought - like music, pictures, videos, movies, games, books or software.

  • Copying digital content from peer-to-peer networks or file sharing servers.

  • Buying content from a source that stole the content and made copies to sell – like counterfeit versions of games, movies, music, books, or software – is buying stolen goods.

Pirated content carries a significant risk of malware – and all the problems it brings

Asked what advice he would give to people who may be tempted by getting content without having to pay for it, Security software company ESET’s IT security and cybercrime analyst Urban Schrott said, “Don't download illegal stuff. It's not given to you for free by someone nice because they like you and want to give you something for free, but by someone with a malicious intent, because they want to make money for themselves using the free stuff as bait.”

“The majority of cracked software comes as a package of some sorts and the malware can be part of the de-packer, the cracked .exe itself or as some process within the program. Also, many ‘free software’ websites themselves are hosted by shady companies and will try to infect you with drive-by malware anywhere in the process of finding and downloading the cracked software from their sitev.”

This advice is echoed by the highly respected security blogger Brian Krebs who wrote, “I hope it’s clear from reading this post that downloading pirated software and software cracks are among the fastest and likeliest ways to infect your computer with something that ultimately hands control of your PC to someone else…It is almost never safe to download executable programs from peer-to-peer file sharing networks because they are a major source of malware infections.”

That free software, song or movie may also steal your identity, corrupt your computer, capture your financial records and passwords, turn your computer into a bot on a criminal botnet, and threaten your safety and the safety of your family.

How to spot, avoid and report pirated content

Pirated content and the websites that sell or share it can look entirely legitimate, but a few simple “tests” will help you spot the fakes, avoid the seller’s scams, and dodge the malware.

To help you identify pirated software, the Business Software Alliance recommends the following testsvi:
  1. Trust your instincts. Check the online seller’s price against the estimated retail value of the software. If a price seems “too good to be true,” it probably is.

  2. Make sure it’s authentic. Be suspicious of software products that do not include proof of authenticity such as original disks, manuals, licensing, services policies, and warranties.

  3. Beware of backups. Avoid sellers offering to make backup copies. This is a clear indication the software is illegal.

  4. Steer clear of compilations. Be wary of compilations of software titles from different publishers on a single disk or CD.

  5. Get seller’s contact information. If you cannot contact the seller after making a purchase, you may have no recourse if the product turns out to be pirated. Make certain to get the seller’s address, if possible.

  6. Keep Receipts. Printout a copy of your order number and sales confirmation and file them for your records. This information will help build your case if it is pirated and further action is needed.

  7. Ensure secure payment. Make certain that the internet connections you are using are secure.

  8. Understand transaction terms. Get a clear understanding of the merchant’s policies concerning returns and refunds, shipping costs, and security and privacy protection before you complete the transaction. Most importantly, look for a trust mark from a reputable organization to make sure the online retailer is reliable and has a proven track record of satisfying customers.

  9. Do your homework. Before making a purchase, do as much research on the seller and vendor as you can. Check the seller’s rating or feedback comments when on an auction site. Some of the most frequently sold titles on auction sites include products by Adobe, Autodesk, Corel, Intuit, McAfee, Microsoft, and Symantec.

  10. Ask the experts. Contact the BSA with any concerns or questions by calling 1-888-NOPIRACY or visiting our Web site www.bsa.org.

To spot and avoid pirated music, videos or films, answer the following questions:

  1. Is the content being sold other places, but offered free to download? If yes, it’s pirated.

  2. Is the seller a known, reputable company with good reviews and a positive Better Business Bureau rating? If yes, the content is probably not pirated.

  3. If you’re purchasing a DVD or CD, does the packaging look professional with all the seals, holograms, etc. in place? If not, it is definitely pirated.

  4. Is there a mix of music, movies or videos from more than one artist? If yes, the chances of it being pirated are high.

When in doubt, find a different source for the content that you know is legitimate. Stealing content online is easy, but that doesn’t stop it from being wrong – and illegal.

ihttp://portal.bsa.org/globalpiracy2010/downloads/study_pdf/2010_BSA_Piracy_Study-InBrief.pdf
iihttp://www.cbsnews.com/stories/2010/01/21/tech/main6125189.shtml
iiihttp://www.ft.com/cms/s/0/c9caa8e0-06f5-11df-b058-00144feabdc0.html#axzz1tnFR7utX
ivhttp://www-deadline-com.vimg.net/wp-content/uploads/2012/02/Piracy_Study__120217222412.pdf
vhttp://www.siliconrepublic.com/strategy/item/26572-security-firm-warns-of-malw
vihttp://portal.bsa.org/faces/