UPDATE: Australian SMEs targeted in piracy crackdown

By Vivienne Fisher, ZDNet Australia
19 February 2002 11:53 AM
Tags: bsaa, software piracy, sme, court
UPDATE: Australian software development company BKW Investments, which trades as Future School, is just the latest company to be the target of the Business Software Association of Australia's thirst for litigation.

ZDNet Australia has just received confirmation that Future School settled out of court with the Business Software Association of Australia (BSAA), to a tune of AU$40,000. The claim related to illegal use of Microsoft, Adobe and Symantec software.

Future School refused to comment on the settlement.

The BSAA also plans to target Australian small businesses on software privacy, warning companies which don't get the message of the threat of court action.

The BSAA, which touts itself as an industry body aimed at protecting intellectual property, plans to launch a new campaign in April that will target small and medium sized businesses (SMEs).

BSAA chairman Jim Macnamara described the new campaign as having -both a carrot and a stick".

On the one hand the BSAA will run a round of advertising and promotion, aimed at upping the awareness of illegal software use in the SME sector.

However, Macnamara also indicated that the BSAA had plans to increase the number of legal actions it pursued. -The second part of this campaign is a warning that we won't go soft on small business," he said. -We plan to take action against a number of small business."

-If they don't take the warnings then there's going to be repercussions," he warned. -We've been targeting it for a while and we have taken action against some small businesses in the last year."

Macnamara confirmed the BSAA had court cases underway at the moment, but refused to elaborate. -At any given time there is usually at least half a dozen cases under way," he said.

Macnamara said BSAA research had found that Australia's average piracy rate across all industries was at 33 percent, higher than the estimated 26 percent in both the UK and US. He also believes that in some small business sectors, such as graphic or Web design, it reaches rates of more than 60 percent.

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Talkback 5 comments

    The bottom line is that the BS ...Anonymous -- 19/02/02

    The bottom line is that the BSAA has no legal right to request the information they do. Their intimidation tactics should be ignored.

    They send out 100,000s of letters, demanding you send them details of the software and matching serial numbers, when they have no right to demand it.

    The company I worked for, didn't even have any software from the companies they represent, yet they sent us the letter and demanded we comply, or be threaten with legal action. Repeated letters were sent but we just ignored them. They have yet to follow up their threat because it was based on assumption, not fact!

    BSAA needs to clean up their act before everyone releases they are just the IT version of Ambulance chasers.

    Rob

    Congratulations to the BSAA, f ...Anonymous -- 21/02/02

    Congratulations to the BSAA, finally an industry agency that is willing to carry out what the government is powerless to carry out.

    I would suggest that if people were fully licensed then the BSAA would not be "threatening" court action.

    Having worked for one of the c ...Anonymous -- 21/02/02

    Having worked for one of the companies prosecuted through the BSAA, I'd like to add my own thoughts.

    For years the company in question was warned over and over again that the software they were using was illegal, and should be purchashed. Over and over again the warnings were dismissed.

    In my opinion, a company which goes to great lengths to protect their software had no problems at all pirating other peoples software.

    I my opinion they should be prosecuted even more heavily than normal companies as they knew plain well what they were doing, and the costs involved in having people pirate their software.

    The biggest joke with the fines these organisations get is that quite often, it's lower than the outlay of the software. For instance, the company I worked for was fined $40,000, yet they were using over $70,000 worth of pirated software. So, for most places, this is a pretty good option - pirate the software. If we're caught, then pay $40,000. It makes no sense to me at all. I believe that the fine should be a lot heavier to strike fear into the hearts of those companies STUPID enough to pirate software.

    There is no excuse what so ever for any business to pirate software. Software is a fantastic tax deduction for starters, so you do recoup some of the purchase cost at tax time. And just think about how you'd feel if you found out someone was pirating your software!

    AP.

    If you think you can get by wi ...Anonymous -- 21/02/02

    If you think you can get by with 80% software compliance - this key article will show you that It's a Risky Business - maybe you'll need to think again!

    http://www.pcprofile.com/Risky_Business.htm

    HOW MANY DIFFERENT TYPES OF ILLEGAL SOFTWARE ARE THERE? Ways to detect illegal copies can be identified at;
    http://www.pcprofile.com/software_piracy.htm

    CAN'T AFFORD SOFTWARE? If you've been fighting an uphillbattle about having a budget for software and tools and need to convince management, accountants and directors, then this is a MUST READ article which shows you how to make a comparison between what "could have been avoided" vs what needs to be budgeted. It might just tip the scales in your favour as you strive to achieve software compliance using software audit tools. See http://www.auditnet.org/articles/No_Budget_For_Audit_Software.htm

    Software Licenses - Informatio ...Anonymous -- 21/02/02

    Software Licenses - Information for Management and Auditors One of the hardest tasks to manage in the computing department for any organisation is licenses for software. Understanding that the software that you have installed is ONLY covered by a "license to use" is a hard concept to grasp. This article covers software licenses issues for Windows based desktop and server based platforms.
    http://www.auditnet.org/articles/softwarelicenses.htm

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