Adobe, Denave & others : encouraging software piracy?

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November 20, 2013 by Parthajeet

“Do you know that your staff is using pirated Adobe software?” the caller said. The tone was derogatory, seemingly with the focused intent of instilling fear or guilt.

Unlike other pesky unsolicited telecallers, this one had found a new strategy; a fear based sales strategy. I was informed that this caller called Ishpreet represented a company called Denave and Denave represented Adobe.

LYING OR SNOOPING?

Now, irrespective of one’s position, does Ishpreet expect anyone to answer Yes to his question? It is like the police hauling up a few suspects of attempted murder and asking everyone “Was it you?” How many Yes are the police going to get in the first attempt?

So, if one answered No to Ishpreet’s question, it could mean either of the two things:

a) Ishpreet is lying OR

b) Ishpreet has gained unauthorized entry into one’s home or office (in person or online) to find out what software one is using

c) There is a third possibility as well. Ishpreet could have entered like a thief, unauthorized, realized that there is no pirated software, and then lied/accused one of using pirated software.

Bizarre, isn’t it?

So my questions are:

• What is the punishment for unsolicited sales calls based on falsification of information? What is the process of meting out such punishment?
• What is the punishment for unauthorized access? What is the process of meting out such punishment?

Any answers?

There are other things around this incident.

a)      Denave will attempt to threaten, force and coerce you into revealing your list of Adobe software usage in their given format. Why should you reveal your data, to some unsolicited caller?

b)      Even if there was a compliance issue why should one do so to Denave? Who is Denave? One would do it to Adobe. Where is the scanned copy of the agreement that they have with Adobe?

c)      Denave will indicate that they represent Adobe, but on your website they do not list Adobe as their client. Another instance of suspect action. See screenshot.

d)     On Denave’s website they indicate that they are a sales engine. So their unsolicited calls can well be assumed to be part of a ‘threat based sales strategy’. See here. 

e)      Denave makes unsolicited calls to numbers listed under the National Do Not Disturb registry. What is the punishment for this?

f)       Denave followed up with calls to a colleague of mine and harassed and threatened him. What are the legal options to press charges against Denave/Adobe for any loss of productivity/business/opportunity/health/life on account of such calls?

g)      Who is more at fault? The guys who pirate or the guys who buy pirated software? Is there any recorded evidence of Denave ever taking ANY action against pirates?

h)      In my entire life, I have not been approached by Adobe or any representative for buying ANY software, either in person, or over phone or email. However I get repeated calls from them to coerce me into a position of buying software under threat and harassment.

i)        Promotion of Piracy by Denave/Adobe: Now here is the crux. If Denave or Adobe does not take action against pirates, but launch a fear based sales strategy on alleged users, is it not clear that they are actually promoting piracy, first by hooking users to their pirated software (and then scaring them to buy)? What is the punishment for promoting piracy?

The online world is awash with documented records of how companies like Adobe promote piracy…go there today.