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Embroidery Pirating

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wm5050

Junior Member
What is the name of your state?OH

Here is my letter.


Dear xxxxxxxxxxxxxx,

The Embroidery Software Protection Coalition (ESPC) is a consortium of the major embroidery design and software companies, which was formed to protect member’s federaily registered copyrights and prosecute infringements, i.e. “pirating’ of those copyrights.

Due to ongoing and extensive investigations, including records recently obtained from eBay and various sellers, we have learned that you have purchased counterfeit and pirated embroidery design software online and through eBay and that these pirated copies of embroidery designs are in your possession, all in violation of the Federal Copyright Act, 17 U.S.C. ‘101 et seq. The Members of the ESPC owns the copyrights to the embroidery design software that you purchased.

Federal Law imposes serious civil damages for copyright violations. Statutory damages may be $30,000.00 per design, not per CD. Additionally, the Court has discretion to increase the amount to $100,000.00 for each Copyright violated if the infringement was willful. Further, 17 U.S.C. ‘505 provides for the recovery of attorneys’ fees and costs by the prevailing party.

Many copyright infringers claim that they were ignorant that their actions were illegal, and believe that this defense will be enough to keep them from having to address their illegal actions. Others claim that software piracy is widespread on the Internet, and because “everyone is doing it’, they should have no liability. Ignorance of the law is not an excuse. You are responsible for the purchase of counterfeit and pirated embroidery designs and software. The FSPC takes all copyright infringement very seriously and we are working diligently to stop all incidents of piracy.

The ESPC is making an effort to rectify past infringements and violations of the Members Copyrights and to prevent such violations in the future. For this reason, the ESPC actively pursues legal action against those engaged in infringement and piracy.

With the above goals in mind and in light of the claims against you, the ESPC will take a proactive approach in resolving this matter. In return for your cooperation, the ESPC is willing to forego litigation against you for violations occurring prior to the date of this letter. The ESPC is prepared to release its claims against you in return for your agreement to: (I) surrender all copies of illegal, pirated embroidery designs in your possession; (2) execute a written statement to the effect that you will not purchase or use illegal, counterfeit or pirated copies of embroidery designs in the future; and (3) pay a
nominal monetary sum to the ESPC for your past wrongful conduct and the damages thereby incurred by our members.

If you should choose to reject the ESPC’s settlement offer, or should you fail to respond,please be advised that the ESPC will initiate legal proceedings in Federal District Court for violation of the Federal Copyright Act and will seek their full amount of damages and other relief as discussed above.

While we are willing to discuss this matter with you, the ESPC will not imprudently and indefinitely wait for you. Therefore, to discuss the contents of this letter, you must contact Ms. Donna McCauley in our legal department at 214-350-1892 within 10 days of receipt of this letter. After this date, the ESPC will abandon its attempts to negotiate and/or amicably resolve this matter. If you receive a recorded message at the above legal department number, please leave your full name, date of this letter, and a number where you can be reached. Your message will be noted and a return call from our legal department will be made to you as quickly as possible. It is not an option for you to call the telephone number listed at the top of this letter, nor send an e-mail. You must personally contact or leave a message on the ESPC legal department line at 214-350-1892. All questions and settlements are handled through the legal department.

There is little question that you will benefit by resolving this matter through informal discussion in lieu of judicial action. The ESPC has no choice but to fully pursue anti-piracy efforts. We look forward to your cooperation in this matter.

Sincerely,


xxxxx, Director
Embroidery Software Protection Coalition
Enforcement Division


(This is the followup letter)

Dear, xxxxxxxxxxxxxx

Pursuant to our discussion on this date, I have enclosed the Settlement Agreement which sets forth the terms of settlement that we discussed. This Agreement needs to be executed and returned to the ESPC at the address set forth above, within ten (10) days from receipt of this letter, unless other arrangements have been made. Please make your check payable to the ESPC. You are also to return all counterfeit CDs with the Agreement and check. Upon return receipt of the executed and performed settlement agreement I have agreed to remove your name from the pending litigation list and release you from liability for the purchase of the illegal and counterfeit software. For your protection please retain a copy of the executed Settlement Agreement for your records or future needs.

This offer of settlement’s good only during the time period set forth herein. I appreciate your prompt attention to this matter. If I can be of further assistance please contact me direct at xxxxxx. The best of luck in your future business endeavors.

Regards,
xxxxxx
ESPC Legal Department
Enclosure



SETTLEMENT AGREEMENT

This Settlement Agreement is made by and between the Embroidery Software Protection Coalition (“ESPC’) and xxxxxxxxxxxxxx


WHEREAS, it is the position of the ESPC that xxxxxxxxxx has obtained counterfeit and pirated embroidery design software in violation of United States Copyright laws and in violation of the Copyrights of the numerous ESPC members, and to avoid the annoyance, costs, inconvenience and burdens associated with litigation concerning this matter, the Parties desire to compromise and settle their disputes; and

WHEREAS, it being the desire of the Parties to dismiss the claims made against xxxxxxxx and to release him from liability for the claims alleged above as of the date of this Agreement; and

WHEREAS, the release described in this Agreement has been given and received without reliance upon any statement or representations by any of the Parties except for the express representations or warranties contained herein; and NOW, THEREFORE, upon the payment by xxxxxxxxx the sum of
$300.00, and for and in good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual promises and covenants hereinafter set forth, the Parties hereby agree as follows, as additional compensation for xxxxxx release:

1. xxxxxxx will provide the ESPC with a complete listing of all purchases of embroidery designs including the complete names and addresses of all sources.

2. xxxxxxxxx agrees to immediately and permanently stop purchasing any and all embroidery designs and/or software except genuine and legitimate products from authorized dealers.

3. xxxxxxxxx agrees to immediately return all copies in any form whatsoever of any and all counterfeit copies of embroidery designs and/or software in his possession.

4. xxxxxxxx agrees to destroy and remove any and all copies of the counterfeit embroidery designs/software from all of their computers and embroidery equipment hard drives.

5. xxxxxxxxx agrees to provide information on sellers of illegal, pirated embroidery designs andior software and to cooperate in the legal prosecution thereof

6. xxxxxxxxxx represents that they has not sold, distributed or marketed the counterfeit embroidery designs/software to any other persons in any manner.

7. xxxxxxxxx represents that he has made full and truthful disclosure of his usage of the counterfeit embroidery designs/software. It is understood that if it is discovered that he has failed or falsified the disclosure to the ESPC this release will become null and void.


The ESPC and its members, in consideration for the execution of this Agreement and upon xxxxxx full compliance with the terms herein, fully releases and acquits him from liability and hereby acknowledges and agrees that they will not pursue legal action against him for the purchase of any counterfeit designs prior to the execution date of this Agreement. The Parties agree that this is a full, complete and final compromise and settlement of all issues and that no additional consideration of any kind will be paid or has been promised for the execution of this Agreement or in return for any other release or compromise in connection with any matters referred to herein.


This Agreement shall be governed and construed by the laws of the State of Texas, with jurisdiction in Dallas County, Texas and venue of the Federal District Court for the Northern District of Texas, Dallas Division, in any action brought by the Parties hereto concerning this Agreement or the performance thereto. Each of the parties hereto consents to the in personam jurisdiction of any state or federal court in Dallas County, Texas and waives any objection to the venue of any such suit, action or proceeding in such courts.




AGREED TO AND ACCEPTED on this the day of xxxxxxxxx, 2005.
__________
By:xxxxxxxxxxxx Embroidery Software Protection Coalition
BY: xxxxxxx, Attorney

817-267-6967
*****************************************************
I looked up the Attorney's phone number and added it to the post here.
She does have a website also.
 
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rosecottage

Junior Member
Letters from the ESPC

If you receive a letter from the ESPC (Embroidery Software Coalition) do not anwer it. do not contact these people in any way. If you wish more information please join this yahoo group that is workig on getting these people to change thier tactics.
yahoo group: EmbroideryOrganizationInformation
 
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divgradcurl

Senior Member
You can also simply use the search function on this website, or scroll down -- there are a great number of threads on this topic.
 

rosecottage

Junior Member
more news on the ESPC

Since its been awhile since I have posted to the forum I thought I would let everyone know I am still around and still a victims advocate against the ESPC.
If you have unknowingly "bought" pirated embroidery designs on EBay and receive a rather upsetting letter from the ESPC (Embroidery Software Protection Coalition) I am here to tell you that you have not broken the law. No I am not a lawyer and can not give legal advice but I have been following this odyssey or over 4 years now. I have read the copyrights until I am blurry eyed and there is no where that says its illegal to buy pirated embroidery designs....UNLESS....you are going to sew them for profit. Here is the part you need to know.. IT IS ILLEGAL TO SELL PIRATED DESIGNS.
 
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