Cloud software provider VMware is suing Siemens for allegedly pirating the company’s products through unauthorized downloads.
The lawsuit, filed last week in Delaware, accuses Siemens of exceeding “the number of licenses it had actually purchased,” according to The Register, which first spotted the complaint.
VMware discovered the unauthorized downloads in September after Siemens requested maintenance and support services and submitted a list of installed products to VMware.
Initially, Siemens insisted the list was correct, even though it indicated large-scale piracy was occurring. Rather than retract the list, Siemens threatened legal action if it failed to receive the maintenance support, citing how it was “eligible for the one-year extension of Support Services.”
Only weeks later did Siemens try to withdraw the list and provide a new document “that was closer in line with VMware’s records of Siemens AG’s licenses.” However, the company never provided an explanation for the discrepancy.
“Further, Siemens AG resisted VMware’s efforts to independently verify the number of products it was using,” the lawsuit says, later adding: “VMware, therefore, has no choice but to bring this action to address the problem Siemens AG has admitted to creating.”
The pirated products include VMware’s vSphere, vCenter Server, and Virtual SAN. The 35-page complaint adds that Siemens allegedly downloaded “thousands of copies” of VMware products, likely from VMware’s own customer support portal. One graph in the lawsuit also claims that Siemens downloaded 1,439 copies of unauthorized software. This included 1,045 extra downloads and installs of VMware’s vRealize Suite Advanced, which costs around $13,000, depending on the package.
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For now, Siemens has only said: “We are aware of the media reports that VMware sued Siemens. Siemens AG has not yet been served with the lawsuit. Please understand that we do not comment on pending litigation.”
In the meantime, the lawsuit notes VMware did agree to provide extended software support to Siemens while reserving the right to seek compensation for the unauthorized downloads. VMware is demanding a jury trial to force Siemens to pay damages.
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About Michael Kan
Senior Reporter
