Been accused of piracy, am I required to buy the program now?

What is the name of your state? KS

I've been accused of pirating a $25 program. The fact that this company is coming after me over such a small amount is somewhat mind-boggling, but whatever... Their terms of settlement is $80 which includes a license of the program, which I don't want. I might be willing to pay $55. Any advice I could get on this matter would be great.

I really find it hard to believe that pursuing this matter would be in their monetary interests and it's probably more of just a quick way for them to make a few bucks by scaring people into settling.

Also, the program, which they accuse me of initially cracking was destroyed when it detected alleged piracy. Is that allowable to destroy their program which had been modified on my computer?

Thank you

*Edit* Reading the EULA it appears that they are able to "disable" the program. However, here are the conditions for contacting the companies servers.... 1. During usage of the [program name] program, [program name] may make internet connections to the [Company name] internet servers. Each connection is guaranteed to serve any of the following purposes:
a) A test of internet connectivity
b) To check and/or download updates
c) To send or verify registration
d) To check subscription status in order to activate or disable the program
e) To upload log files or debugging information with permission from the user
2. When any of the above functions are carried out, the following information is collected: IP information, host name, date of access, request
3. [Program name] never uploads any file except log files without your consent. Personal documents and data files in the computer are never sent to PorkChup Solutions. eMail2Pop never digs your computer for sensitive data nor sends personal information revealed in you computer settings to PorkChup Solutions.

When the program detected it was a pirated version, it asked for my name and e-mail address to "store the information entered below as a security measure to positicely identify your e-mails"



So... will any of this hold up in a civil suit?

What have you done? Just ignored it, or paid the settlement?

I am extremely interested to know the outcome because I am also in a similiar predicament.

Me too....

Can anyone confirm the truth about this whole issue? I've been missjudged by this company, I didn't crack anything, and now they're trying to scare me with this...

I'm outside the US, so I think that the chances that they "get" me are remote, but I'm still worried about the whole thing, because I haven't done anything wrong!

Can anyone bring further help in this forum?

Thank you!

drgath,

you asked:

I've been accused of pirating a $25 program. The fact that this company is coming after me over such a small amount is somewhat mind-boggling, but whatever... Their terms of settlement is $80 which includes a license of the program, which I don't want. I might be willing to pay $55. Any advice I could get on this matter would be great.

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Then offer them $55 to settle the suit. Doesn't mean they have to accept, of course.

I really find it hard to believe that pursuing this matter would be in their monetary interests and it's probably more of just a quick way for them to make a few bucks by scaring people into settling.

Click to expand...

Please. The way they make money is by SELLING the product -- going after pirates is not a way to make a "quick buck" -- it's a way to protect their work, and to compensate them for lost sales due to piracy.

Also, the program, which they accuse me of initially cracking was destroyed when it detected alleged piracy. Is that allowable to destroy their program which had been modified on my computer?

Click to expand...

Technically probably not. But unless you can prove that you legally acquired the product, its not like you have standing to do anything about it.

So... will any of this hold up in a civil suit?

Click to expand...

Who knows -- that's up for a judge and jury to decide.

However -- the tone of this email suggests that you just don't get it. You are not the victim here -- the software company is. They are not trying to "make a quick buck" at your expense -- they are asking to be compensated for the product you stole, and to punish you a bit.

Just FYI, there are not only civil remedies available to them -- there are also CRIMINAL penalties for piracy. Since you've never denied acquiring the software illegally, your best bet is to settle before they get really pissed and get authorities involved, who might be willing to use the criminal provisions of trademark law to come after you.

And finally, if indeed you did "hack" or "break into" their software -- you did say that the software was "modified" -- then there are also civil and criminal penalties under copyright laws that might also be used against you.

Pay up, and pay for the next software you acquire.