Unauthorized use of my software - caught them

[Bob]

I have a database program that I've developed for use in new car
dealers, I charge a monthly site license fee for it's use. This
authorization for it's use is based on a signed agreement for a
specific location. It's been in use for roughly 2 1/2 years.
Recently, I found out that another dealership within the same group,
but at a different location, had obtained a setup disk and installed
the software. They have been using the software for approximately 20
months, and have clearly configured it with their dealer name, address
and salesman name. When I confronted the General Manafger of that
dealership, he indicated that the salesman who brought the software
from the other dealership should pay me and indicated that he felt he
had no responsibility for actions within his organization.

Can anyone offer any suggestions? I feel I should be paid for the use
of my software, but also don't want to damage the relationships
established over the past 2 1/2 years with other dealerships within
that group.

Thanks in advance for your comments and suggestions!

Bob

 

[John W. Vinson]

Can anyone offer any suggestions? I feel I should be paid for the use
of my software, but also don't want to damage the relationships
established over the past 2 1/2 years with other dealerships within
that group.

Thanks in advance for your comments and suggestions!

Find a good attorney, preferably one with experience in intellectual property
law. Tell the dealership you've done so. The manager trying to sluff off
responsibility on the salesperson is just flat wrong; the salesperson was
acting as an agent so the dealership is responsible (that's my take but
IANAL).

 

[Tom van Stiphout]

On Mon, 23 Mar 2009 17:56:16 -0700 (PDT), Bob

IANAL either.
I would have the lawyer send the dealership a "cease and desist"
letter, and to avoid legal action they need to pay the normal license
fee of $x by some date.
The dealer is responsible, not the employee, even if it was a rogue
employee.
Legal action can probably be in Small Claims Court if you are in the
USA and the amount is less than 5K which I think is the limit for
small claims. You can handle this on your own.
Winning the case and collecting are two different things :-(

You may be back in this NG at some point inquiring about ways to
better protect your app.

-Tom.
Microsoft Access MVP

 

[Tony Toews [MVP]]

I have a database program that I've developed for use in new car
dealers, I charge a monthly site license fee for it's use. This
authorization for it's use is based on a signed agreement for a
specific location. It's been in use for roughly 2 1/2 years.
Recently, I found out that another dealership within the same group,
but at a different location, had obtained a setup disk and installed
the software. They have been using the software for approximately 20
months, and have clearly configured it with their dealer name, address
and salesman name. When I confronted the General Manafger of that
dealership, he indicated that the salesman who brought the software
from the other dealership should pay me and indicated that he felt he
had no responsibility for actions within his organization.

Can anyone offer any suggestions? I feel I should be paid for the use
of my software, but also don't want to damage the relationships
established over the past 2 1/2 years with other dealerships within
that group.

I too am not a lawyer but I agree with John Vinson. In my not so humble opinion the
GM is a weaseling former salesman.

To help with this situation in the future figure out some encrypted means of putting
the dealership name on the bottom of key forms and all report.

See the "Copy protection or how to safely distribute a demo Microsoft Access
Application" page at http://www.granite.ab.ca/access/demo.htm

Tony
--
Tony Toews, Microsoft Access MVP
Please respond only in the newsgroups so that others can
read the entire thread of messages.
Microsoft Access Links, Hints, Tips & Accounting Systems at
http://www.granite.ab.ca/accsmstr.htm
Tony's Microsoft Access Blog - http://msmvps.com/blogs/access/

 

[Arvin Meyer MVP]

I have a database program that I've developed for use in new car
dealers, I charge a monthly site license fee for it's use. This
authorization for it's use is based on a signed agreement for a
specific location. It's been in use for roughly 2 1/2 years.
Recently, I found out that another dealership within the same group,
but at a different location, had obtained a setup disk and installed
the software. They have been using the software for approximately 20
months, and have clearly configured it with their dealer name, address
and salesman name. When I confronted the General Manafger of that
dealership, he indicated that the salesman who brought the software
from the other dealership should pay me and indicated that he felt he
had no responsibility for actions within his organization.

Can anyone offer any suggestions? I feel I should be paid for the use
of my software, but also don't want to damage the relationships
established over the past 2 1/2 years with other dealerships within
that group.

Thanks in advance for your comments and suggestions!

In addition to what the others have said, you might consider joining the
Software Business Alliance. They can collect and the fine is as much as
$250,000 per computer. They actually get the greater part of that money, but
you will get paid. That said, once you do that you can probably write off
that customer.

 

[dhstein]

You might suggest taking the GM out to lunch to discuss the situation. First
of all, you clearly have the chance to sign him up as a new customer going
forward. You can discuss the support you will provide, etc. etc. At that
time you can also try to negotiate some good faith payment for the last 2 1/2
years. Maybe you can be flexible and not charge the full amount - consider
it a "lessons learned" for you and a "trial period" for him. If you start
with lawyers etc. you're probably going to do more harm than good. If he is
a good businessman, he'll recognize that it's in his interest to work with
you instead of against you and my guess is you'll end up with some payment
and a new happy customer. Just my 2 cents.

 

[gomer]

My answer would be the same as Bob's except that I would indirectly mention
what it could potentially cost.

"Folks are telling me that I can collect $120,000 plus costs plus have
criminal software piracy charges brought....I told them that I like you guys
and I'm not into all of that, I just want to collect my $(insert figure)
and avoid all of that hassle"

 

[aaron.kempf]

I would reccomend keeping your application as an Access Data Project--
you can control the database-- at your leisure-- and you can shut
people off when they stop paying.

ADP/SQL runs over the internet, or a VPN, or a LAN, A WAN or Wireless.

jet just plain sucks.
they even removed ALL security out of jet because it's just not
secure.

-Aaron

 

[pddxxx]

Send them an updated version with some "must-have" features that also
contains routines that enforce a trial period and eventually requires
a computer-specific unlock code to run the application.

We have a product that provides this sort of copy protection for
Access applications. It uses hardware ID numbers on the end user's
computer to act as a sort of software dongle. It's called KeyedAccess
and you can download a demo from http://www.peterssoftware.com/ka.htm

There's also SageKey Application Security that does something similar:
http://www.sagekey.com/security_details.aspx

Hope this helps,

Peter De Baets
Peter's Software - Microsoft Access Tools for Developers
http://www.peterssoftware.com

 

[Tony Toews [MVP]]

I have a database program that I've developed for use in new car
dealers,

Please ignore Aaron's posting as Aaron's answer to just about every
question is SQL Server and ADPs. No matter how appropriate his
response.

Tony
--
Tony Toews, Microsoft Access MVP
Please respond only in the newsgroups so that others can
read the entire thread of messages.
Microsoft Access Links, Hints, Tips & Accounting Systems at
http://www.granite.ab.ca/accsmstr.htm
Tony's Microsoft Access Blog - http://msmvps.com/blogs/access/

 

[aaron.kempf]

I would reccomend keeping your application as an Access Data
Project--
you can control the database-- at your leisure-- and you can shut
people off when they stop paying.

ADP/SQL runs over the internet, or a VPN, or a LAN, A WAN or
Wireless.


jet just plain sucks.
they even removed ALL security out of jet because it's just not
secure.

 

[BruceM]

Wrong again.

I would reccomend keeping your application as an Access Data
Project--
you can control the database-- at your leisure-- and you can shut
people off when they stop paying.

ADP/SQL runs over the internet, or a VPN, or a LAN, A WAN or
Wireless.


jet just plain sucks.
they even removed ALL security out of jet because it's just not
secure.

 

[aaron.kempf]

how is it wrong?

are you saying that I do NOT reccomend ADP?

ADP works over VPN, etc..
Do you disagree with that part, Bwuce?

go play in the freeway, script-kiddie

 

[BruceM]

I should have been more specific. This is the part where you are
specifically wrong:
"they even removed ALL security out of jet because it's just not secure."

If you review resposes to your past postings you will see that statement
refuted time and again.

how is it wrong?

are you saying that I do NOT reccomend ADP?

ADP works over VPN, etc..
Do you disagree with that part, Bwuce?

go play in the freeway, script-kiddie

 

[aaron.kempf]

IT IS TRUE

JET SUCKS A DICK THAT IS WHY THEY REMOVED SECURITY AND REPLICATION
JET SUCKS A DICK THAT IS WHY THEY REMOVED SECURITY AND REPLICATION
JET SUCKS A DICK THAT IS WHY THEY REMOVED SECURITY AND REPLICATION
JET SUCKS A DICK THAT IS WHY THEY REMOVED SECURITY AND REPLICATION
JET SUCKS A DICK THAT IS WHY THEY REMOVED SECURITY AND REPLICATION
JET SUCKS A DICK THAT IS WHY THEY REMOVED SECURITY AND REPLICATION
JET SUCKS A DICK THAT IS WHY THEY REMOVED SECURITY AND REPLICATION
JET SUCKS A DICK THAT IS WHY THEY REMOVED SECURITY AND REPLICATION
JET SUCKS A DICK THAT IS WHY THEY REMOVED SECURITY AND REPLICATION
JET SUCKS A DICK THAT IS WHY THEY REMOVED SECURITY AND REPLICATION
JET SUCKS A DICK THAT IS WHY THEY REMOVED SECURITY AND REPLICATION
JET SUCKS A DICK THAT IS WHY THEY REMOVED SECURITY AND REPLICATION
JET SUCKS A DICK THAT IS WHY THEY REMOVED SECURITY AND REPLICATION
JET SUCKS A DICK THAT IS WHY THEY REMOVED SECURITY AND REPLICATION
JET SUCKS A DICK THAT IS WHY THEY REMOVED SECURITY AND REPLICATION

 

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