知识产权(IP) No Referral to Prosecution in SolidWorks Copyright Infringement Case

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The client came under investigation for alleged violation of the Copyright Act on the ground that the client had used an unauthorized copy of SolidWorks, a 3D design program.

The complainant asserted, based on a specific IP address and a laptop MAC address record, that the client had used an unauthorized copy of the program hundreds of times.

The complainant further alleged that the program appeared to have been used for business purposes and requested the application of joint penal provisions to a corporation or representative.

In copyright infringement cases, criminal liability may vary depending not only on whether the program was used, but also on whether it was used for profit, the circumstances of reproduction, and the actual usage environment.

In particular, unauthorized use of professional software may be broadly interpreted as corporate copyright infringement, placing the client at risk of criminal punishment.

Taelim Law Firm’s copyright infringement attorney did not approach this case simply as a question of whether the program had been installed.

The key issues were whether the client had used the program for profit and whether the manner of use fell within the scope of criminal punishment under the Copyright Act.

Taelim’s defense team first specifically organized the circumstances showing that the program had already been installed when the client purchased a used laptop, and that the client had used it thereafter for personal study and preparation for reemployment.

Taelim also actively emphasized that the IP address in the investigation records was confirmed to be an ordinary residence rather than a business place, and that there was no business registration in the client’s name. Through this, Taelim directly refuted the complainant’s assertion that the program had been used for business or profit-making purposes.

Taelim also systematically presented the relevant legal principle that use for personal purposes in a limited place such as a home may be exceptionally permitted under the Copyright Act, and persuasively explained to the investigative authority that criminal punishment is not possible merely based on a record of use.

The investigative authority accepted Taelim’s arguments. It found that there was insufficient objective evidence to show that the program had actually been used for profit, and that circumstances indicating business operation or business use were not confirmed.

Ultimately, the client received a decision of no charge and no referral to prosecution due to insufficient evidence, and the issues concerning the corporation or representative were dismissed on the ground that they could not be specified.

In copyright cases, criminal punishment does not occur merely because a program was installed.

The actual purpose of use, usage environment, and whether the use was profit-oriented must be comprehensively reviewed. This case is an example of Taelim accurately identifying those core issues.

Going beyond a mere record of program use, Taelim closely analyzed substantive factors such as place of use, existence of business registration, and purpose of use, thereby preventing criminal liability from being established.

In particular, this was a significant case because Taelim accurately reframed a matter that could have been expanded into corporate unauthorized use as an issue within the scope of personal use, enabling the client to avoid unnecessary risk of criminal punishment.

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If you are facing difficulties similar to the case above, please feel free to contact Taelim Law Firm at any time.