Australia's software piracy watchdog may have bitten off more than it can chew, after last week issuing a press release that named a publishing company as a software pirate and disclosed details of a commercial settlement.
The Business Software Association of Australia, which primarily defends the piracy concerns of Microsoft and other big name software houses, issued a statement that Next Media Media paid AU$50,000 to the watchdog for "unauthorised copying and use of computer software", alleging the company has illegally installed as many as 40 copies of various programs.
Next Media on Friday denied the allegations and hit back at the BSAA. Next Media's managing director Phil Keir said the watchdog's investigations were little more than a "PR exercise".
Related company Next Publishing, was involved in what it describes as a legal dispute with the BSAA. It denies any unauthorised copying of software, but did settle a BSAA case commercially. "We thought it would be cheaper to settle than to pay the court costs," Keir said.
Keir said he was "surprised" at the BSAA's media release. "To be honest, the settlement deal didn't have a Non-Disclosure Agreement, but my lawyers told me it was implied," Keir said. He said the media releases are "their way to make examples of people. They put out these press releases every six months and so it's whoever is standing nearest (who gets mentioned)," Keir said.
BSAA chief Jim Macnamara defended the group's press release. "When someone is caught we make an example of them. I wouldn't deny the fact that we intentionally publicise cases. We have always publicised the results of legal and settlement actions."
Macnamara admitted there was "confusion" relating to the name of the company involved in the settlement, however, "in the settlement agreement we listed all of their companies. and in the letterhead they provided and on their Web site they (generally use the name) Next Media".
The Next case involved the use of Adobe PhotoShop, Illustrator and Microsoft Office products "but as far as I know we wouldn't have had Office three years ago," according to Keir.
"The BSAA pay money for people to call in on a hotline. They tell me (their investigation into Next Publishing) was based on someone who rang. it's based on a call three years ago. They have some statutory declarations from a former staff person who they never reveal. You have to go to court to find out," Keir said.
