How Chinese Companies Deal with Warning Letters from Adobe?

Adobe lawyer’s letter, Photoshop piracy, genuine software, original software, China pirated software, China software lawyer, venture company genuine trend, Microsoft, Autodesk, Adobe, warning letter against piracy, lawyer’s letter for warning against piracy, evidence liability of pirated software using, windows fire wall, modify hosts file piracy, shield Adobe server, pirated information using, steal client’s piracy, self remedy evidence collection, administrative complaint, judicial preservation, seal up piracy, evidence preservation application, genuine trend of government

A question on Zhihu.com (a Quora like website in China) came to us that how to react the lawyer’s letter from Adobe? And shall all the venture companies but the genuine tools like Photoshop?

For western companies, that is not a question for the using of the copyrighted software is with fee payment, including those venture companies. While, it’s different in China, where is called the land of piracy by someone, we are always consulted by the companies receiving the warning letter from Microsoft, Autodesk or Adobe of the proper action. And the following is our reply to the above question:

1. Surely, it shall be purchased the original software, just like man from venture companies shall pay his bill in the restaurant; therefore it’s suggested to buy the genuine one when the software is necessary in your work.

2. However, in practices Adobe would pretend not to see the less purchase than the actual using amount.

3. Of course, the evidence liability of piracy using shall be taken by Adobe, which could be harsh when we deny such using.

The reply gets 29 affirmative votes ranking first among all the 22 answers. Most replies against the writer’s opinions, however some are astonishing to us, for example, in practices, some companies may set up a fire wall or modify the Hosts file in Windows to shield the server of Adobe, and then no information of piracy using could be detected by.

Even Adobe could get such information on piracy using, it remains a head aching problem to submit it as the evidence. When Adobe sues the piracy user with the information stored on its server, the plead or denial by the defendant may influence or be adopted by the court for it’s the evidence provided by a party. Meanwhile, Adobe will also be got into the trap of public relation for the piracy stealing.

In fact, by China laws, the evidence collection of piracy is a difficult problem, and Adobe may take the following measures accordingly:

1. Self remedy

To collect the evidence of piracy through the investigators (normally the staffs from the research company) and the notary officers by sneaking into the company. But that may not effect without the cooperation from staffs of the company, and it also faces the personal risk when being detected.

2. The administrative complaint and judicial preservation

To seal up the computers installed with the pirated software by the administrative report or through the lawsuit with the application of evidence preservation. But this method could only be applied to those middle or large scaled companies, with no effect on small companies for the piracy is widespread in China and a software company is not likely to request the government or court to combat the piracy by a company every day, which could take much public resources.

Despite the piracy using is ubiquitous in China, the situation is improving. The government in China is introducing the trend of originality in the government (note: the link is in Chinese), and all the software using in the municipal governments in China shall be turned to the genuine ones before the end of December of 2012. It marks the administrative support for the genuine software using, and also the urging of genuine software using for all the companies in China. Whatever it is, Adobe could at least gain from the trend of genuine software using in the governments.

Author: Mr. You Yunting
Founder & Editor-in-Chief of Bridge IP Law Commentary
Partner & Attorney-at-law of Shanghai DeBund Law Offices
Email: Bridge@chinaiplawyer.com, Tel: 8621-5213-4900,
You can also find us on Facebook, Twitter and Linkedin.

Bridge IP Law Commentary is a website focus on the introduction of commercial laws in China, especially the intellectual property laws. All the posts here are our original works. And all news or cases referred here are from public reports, and our comments or analysis are of due diligence, neutrality and impartiality, representing our own opinions only and are our original works. You may contact us shall you have any opinions or suggestions.

Short Link: