Someone stole my CAD files!

[RTson]

I have evidence that a competitor firm obtained our CAD files (probably from an Architect we work with). They took our titleblock and replaced our logo with theirs. I can tell they did not simply copy the titleblock, but that they literally used our CAD files. Other fonts, notes, tables, etc. were also lifted and used on their drawings. This seems to me to be an ethical violation and reportable to the Board (California). Any opinions?

 

[RVAmeche]

Did the client/Architect own the CAD files as part of the contract or deliverables?

 

[SWComposites]

a) hire an attorney
b) report it to the Board

 

[RTson]

Did the client/Architect own the CAD files as part of the contract or deliverables?

No. Our standard contract says that we retain ownership and that they only have a license to use for their project.

 

[MintJulep]

I have evidence that a competitor firm obtained our CAD files (probably from an Architect we work with).

You have an apparent fact, and a speculation.

Don't conflate them.

Hire a lawyer to guide you through this complicated situation. A real lawyer, not internet lawyers.

 

[RTson]

You have an apparent fact, and a speculation.

Don't conflate them.

Hire a lawyer to guide you through this complicated situation. A real lawyer, not internet lawyers.

Mint,

Thanks for the advice. I understand your point. My question was, if it were, in fact, true that they obtained my CAD files and used them, would that be unethical and/or actionable by the State Board?

 

[Overvoltage]

Mint,

Thanks for the advice. I understand your point. My question was, if it were, in fact, true that they obtained my CAD files and used them, would that be unethical and/or actionable by the State Board?

If it's without your permission and/or not provided by someone who has ownership (such as if the contract transferred ownership of any working/final files to the person that hired you to do the work at the end of the project).

If it is true that no one should have rights to it other than you/your firm, I agree the first step is get a lawyer involved. Once the outcome is determined there, the results can be submitted to the state board for review/action.

 

[ChorasDen]

Have you tried reaching out to the other engineering firm and asking how they obtained these CAD files, and why they are using them? Seems to me the most obvious and straightforward first step is to contact them and ask their story, but maybe I'm missing something...

 

[LittleInch]

Is this a breach of copyright?

What exactly did you put on the drawings the architect had?

Are they sufficiently different / specialised from any other ones which could have been produced by the other company.

A warning cease and desist letter might be all it needs.
If you can, what exactly is "the evidence"?? Actual CAD files they have produced or have you just seen or been sent copies? Is that "evidence" admissible?
All questions ot explore with a lawyer.

 

[IRstuff]

There are those cynics that oftentimes will have intentional errors in their documentation or drawings specifically because it's absurdly unlikely that two separate engineering organizations would make the identical mistakes and place them in identicall locations in their drawings.

I once had the sad TA duty to flunk 6 students because they did, in fact, copy one student's final project, but they all copied the same mistake, as well. One student did attempt to make things slightly different, but they didn't catch the error, so no soup for them!

 

[RTson]

Have you tried reaching out to the other engineering firm and asking how they obtained these CAD files, and why they are using them? Seems to me the most obvious and straightforward first step is to contact them and ask their story, but maybe I'm missing something...

I will definitely reach out to them for explanation first. Thanks!

 

[RTson]

There are those cynics that oftentimes will have intentional errors in their documentation or drawings specifically because it's absurdly unlikely that two separate engineering organizations would make the identical mistakes and place them in identicall locations in their drawings.

I once had the sad TA duty to flunk 6 students because they did, in fact, copy one student's final project, but they all copied the same mistake, as well. One student did attempt to make things slightly different, but they didn't catch the error, so no soup for them!

An "Easter Egg"! Interesting idea.

 

[LOTE]

I know this doesn't help you now, but I have a policy for my company that anytime we send out CAD files, they get "dumbed down". I.e. we remove all title blocks, details, typical sections, etc. other than the main plan and/or elevation view of our design. We also explode all blocks and run a "purge all" to remove any nestled objects. What you are left with is just lines and text with no proprietary CAD work to be found. This also has the benefit of reducing the file size by nearly 90%.

This may be impractical for some industries, but for mine it eliminates any risk of someone stealing our CAD details.

 

[zelgar]

LOTE, do your clients know this is your policy before they sign the contract since they aren't getting the CAD files that match the work you performed? It sounds to me like they're not actually getting a CAD file for the work. It sounds like they'd be better to get a PDF with the embedded layers that AutoCAD offers than the CAD file you're providing. Are you offering the CAD files at a discounted price since you've basically removed everything from them? Are the CAD files of any use to anybody once you've removed all of this information?

As a State employee we sometimes need the CAD file from a facility due to dimensions not being shown on the drawing and the CAD file is the easiest way of getting the information.

 

[LOTE]

zelgar - I specify in my contracts that their receivable is only a PDF with digital signature and seal, so I have no contractual obligation to provide CAD files in the first place. I do mainly retaining wall and precast concrete structure designs, and all our CAD files are 2D to begin with. If the client requests a CAD file, it's usually to pass on to the surveyor trying to stakeout the wall (even though the alignment is set by the Civil plans, not ours). I cannot recall a request for CAD files originating from the owner.

I also include in my contracts that all documents are an instrument of service for use solely on this project at the location indicated, and that we maintain all rights and copyrights.

 

[thebard3]

I have seen drawings copied in their entirety, including the border to another vendor drawing. I would not take issue with that as the original drawing properties are included. I have experienced other people changing the drawing properties to suggest that they were the author when we both worked for the same company. Management didn't take issue with it though.

 

[dik]

I suspect they could be charged with theft. At very least you should be able to file a complaint with the professional association.

Several years back I did up a bunch of details for Dywidag threadbars. A few months later I came across them on a Czech website. I had to register and sign in to download them.