seized during recent anti piracy raids.
Speaking on the occasion, Dewang Mehta said, "We will not hesitate to take stringent
action against sellers and users of illegal software in India." Mr. Mehta further
added, "The menace of software piracy affects not only the potential of software
development in India but also our country’s economy, besides sending negative signals
to potential investors. This symbolic event is part of our joint initiative to build
awareness among end-users and also to serve as a deterrent to potential infringers,
including resellers."
Mr. Dewang Mehta also highlighted the recent successes achieved by NASSCOM and BSA on this
front. NASSCOM and BSA have broadened their anti piracy programs in recent months. For
instance, NASSCOM and BSA conducted raids against two end user organizations where Anton
Piller orders (civil search and seizure) were served on suspected infringers during the
action. The Anton Piller orders allow a Local Commissioner, who is appointed by the court,
to raid the premises of a suspected infringer. The end result for the alleged infringer
could be the cost of legalization plus damages and public embarrassment.
"Today we are crushing the counterfeit products seized in a round of Anton Piller
raids which were conducted against three businesses and the individuals who operated them
just 10 weeks ago. These civil cases have also resulted in monetary settlements to the
satisfaction of the copy right holders," he added. These civil orders provide quick
relief to the petitioner and allow NASSCOM and BSA an additional enforcement avenue to
protect their members’ valuable Intellectual Property rights.
NASSCOM and BSA are also active in providing training and assistance to the police on
criminal raids. Mr. Mehta said, "A training for over 40 senior police personnel from
Andhra Pradesh, was conducted in Hyderabad in April, the day after NASSCOM and BSA had
assisted the Hyderabad police on a round of raids." In addition, NASSCOM and BSA held
a seminar to raise police awareness of such issues as product identification of their
members’ software and Intellectual Property Rights issues.
"The support and enthusiasm of the law enforcement authorities lends added strength
to the NASSCOM and BSA actions," said Mr. Mehta. NASSCOM and BSA are planning to
further step up their anti-piracy activities. Mr. Dewang Mehta said, "In next 6
months, we plan to facilitate at least 25-30 raids on resellers and users of illegal
software across the country."
"In the next few months, Nasscom and BSA also plan to organize many anti piracy
seminars in the country." said Mr. Dewang Mehta. Nasscom also plans to bring greater
awareness amongst students in schools, colleges and private training institutes.
"Our resolve is to have the lowest rate of piracy i.e. less than 25% in next 3-5
years and then aim to eradicate piracy in India - otherwise we cannot become a software
superpower." emphasized Mr. Dewang Mehta. "Even after our awareness campaign, if
pirates continue to break the law, Nasscom and BSA will not hesitate in facilitating
enforcement of law and taking criminal action against pirates" Mr. Mehta warned.
NASSCOM has since then gone miles ahead in curbing software piracy in India. What
precipitated this write-up was a letter I received a few days back from the President of
one of the popular MT utility software producers in the US. I quote extracts:
‘’We now have good reasons to believe that our software is widely pirated in
India: we have several examples of companies who purchased one copy of our product and use
it on tens of machines in violation with our license agreement. This week, I even received
a circular mailing from a transcription company advertising its services and who was
reporting that they were using our product, although we never sold them even one
license!’’
‘’In the current uncertainty, we have moved to restrictive policies: We no
longer allow re-export of our software. We require a signed license agreement, and we are
even considering not selling less than a minimum number of licenses, such as thirty or
fifty. At the present time the problem has reached such acute proportions that we may
decide not to sell in India until we have a better understanding of how to do it safely,
and, obviously, this would not benefit Indian transcription companies.’’
‘’I am a strong supporter of the concept of a global economy and I believe all
of us have to join forces to make it happen. On the other hand, the global economy assumes
that all of us follow certain rules.’’
The continued successful raids and convictions by NASSCOM have proved that Copyright law
in India is one of the toughest in the world." In India, copyright of software is
protected under the Indian Copyright Act. The problem is one of regular enforcement and
greater public understanding of what constitutes software piracy. The piracy rate in India
is estimated to be over 60%, accounting for a loss of over Rs. 700 crore annually.
Software developers can spend years, developing software for the public to use. A
proportion of every rupee spent on purchasing original software is channeled back into
research and development so that a better, more advanced product can be produced. When
end-users purchase pirated software, that money goes directly into the pockets of software
pirates. The developer cannot recoup their R & D costs. At the same time their
intellectual property rights are being infringed, so stifling innovation. It is vital that
genuine software should be perceived as having valuable rights of its own and should be
protected. It is like somebody else collects the paychecks for what you have transcribed!
Consumers are also affected. Very often the software is of inferior quality and could
contain viruses and bugs. Usually pirated versions are obsolete and not up to the mark.
Users of software on PCs and Servers should check if the supplied products are original
and are being used according to the terms of the End User License Agreement that is
shipped with the package. Users have the choice of procuring the required licenses for the
software they use from vendors or their authorized distributors in the country.
Piracy of software affects all players large and small. Software piracy harms everyone,
not just the company that publishes the programs. It stifles innovation, impacting on the
country’s economy overall. It represents a loss of investment in the future.
We believe that ultimately it is everyone’s responsibility to help combat this
problem. We all can contribute to eradicating this menace. Students taking MT courses,
paying high fees in good faith should check if the institute is using licensed software.
Mt's can check if their company is providing them legal software. MTSOs while setting up
shop should use the offices of genuine consultants to work out software requirements, and
procure legal and genuine software and not something with bugs and of inferior quality. We
are all responsible – abetting and connivance of a crime are both cognizable
offenses. If we want to establish ourselves in a global industry, we have to believe,
think and act globally; and also accept international laws. Let’s join hands today to
say:
"Crush Software
Piracy!"
Amit
Chatterjee |
