Defendants imported, offered, copied, distributed and trafficked in the illegal, counterfeit exocad DentalCAD Software Program for the sole purpose of circumventing the encryption software contained on the legitimate exocad security dongles that effectively controls access to the exocad DentalCAD Software Program.” The hacked or cloned versions of the software imported, offered, copied, distributed and trafficked in by Defendants had no or only limited commercially significant use other than to circumvent the encryption software contained in a legitimate exocad security dongle. “Defendants then manufactured, offered to the public, provided or otherwise trafficked in the hacked or cloned, counterfeit exocad DentalCAD Software Program that were primarily designed or produced for the purpose of circumventing the encryption software on the legitimate security dongles that effectively control access to the exocad DentalCAD Software Program. “On or about November 21, 2017, Defendants sent an email to exocad in which Defendants admitted that, among other things: (a) one of Defendant's employees introduced Defendant Jung to the web sites trafficking in the “cracked” or counterfeit exocad software (b) that Defendant Jung, personally and as a managing agent of Defendant B & D Dental, purchased the “cracked” or counterfeit software (c) that Defendants shouldn't have purchased the “cracked” or counterfeit version of the software, but did so (d) one of Defendants' customers emailed Defendants and stated that Defendants had installed a “cracked” or counterfeit version of exocad software on the customer's computer and (e) that Defendant B & D still owes exocad money.” Here are some sample allegations I found in one federal court complaint filed in Utah (complaint alleged copyright infringement and DMCA anti-circumvention of technological measures): If not, lawsuits can be filed – and so can press releases that can harm your companies public image.
Dentists and dental labs need to be careful in making sure their software is validly licensed and used within the terms of the EULA (end user license agreement). Introductionĭentistry is “going digital” like many other industries. We expect more of these cases to be brought in 2022. July 2022 Updates: We have seen the Business Software Alliance ("BSA") send an audit demand letter over the alleged pirated use of DentalCAD Gmbh.