Dassault Systemes SolidWorks Corporation v. Linear Engineering & Manufacturing Corp
8:23-cv-01444
M.D. Fla.May 21, 2024Background
- Dassault Systèmes SolidWorks Corporation sued Linear Engineering & Manufacturing Corp. and three associated individuals (Tang, Nguyen, Morris) for unauthorized use of its copyrighted SolidWorks software.
- The defendants are alleged to have used pirated versions of SolidWorks software at least 292 times across six computers linked to Linear and its employees.
- Dassault accused defendants of copyright infringement, circumvention of technological protection measures, and breach of the software licensing agreement.
- Defendants received cease-and-desist communications but continued infringing activity; they did not respond to the complaint, resulting in entry of default.
- Dassault moved for default judgment seeking statutory damages and a permanent injunction to preclude further infringements.
- The court issued a report recommending judgment for Dassault, including significant monetary damages and injunctive relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Copyright infringement liability | Defendants directly and vicariously infringed copyright via unauthorized copies/use | None (default) | Dassault established direct/vicarious liability for copyright infringement |
| Circumvention of technological protection measures | Defendants bypassed licensing protection in violation of DMCA section 1201 | None (default) | Defendants directly and vicariously liable for DMCA violation |
| Breach of contract (license terms) | Defendants used software without paying license fees, violating agreement | None (default) | Linear and individuals liable; damages calculable under contract law (Massachusetts) |
| Damages and duplicative recovery | Sought damages under copyright, DMCA, and contract but entitled to maximum allowed | None (default) | Plaintiff awarded statutory DMCA damages only ($730,000), not duplicative recoveries |
| Injunctive relief | Needed to prevent ongoing/future infringement | None (default) | Permanent injunction granted barring any further infringement |
Key Cases Cited
- Feist Publications, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (copying of constituent original elements establishes copyright infringement)
- Bateman v. Mnemonics, Inc., 79 F.3d 1532 (copying of source code sufficient for software copyright infringement)
- Anheuser-Busch, Inc. v. Philpot, 317 F.3d 1264 (courts must ensure legitimate basis for damages award on default judgment)
- Casella v. Morris, 820 F.2d 362 (corporate vicarious copyright liability where there is supervisory control and direct financial interest)
- Sony Music Entm't Inc. v. Global Arts Prod., 45 F. Supp. 2d 1345 (injunctive relief favored where there is history and threat of continuing copyright infringement)