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Illegal software use results in more than $300,000 in settlements

Wed, Jan 13, 2010

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Sydney, January 13 2010 – To demonstrate that the unlicensed use of software does not pay, the Business Software Alliance (BSA) today released the figure of its total settlements with 12 companies that have been caught using illegal or unlicensed software in Australia in 2009. The total amount comes to A$331,678 in settlements, an increase from A$239,405 in 2008.

The BSA also reports it received a record number of 95 leads about businesses using unlicensed or pirated software in 2009 – a significant rise from the 44 leads reported in 2008.

Clayton Noble, co-chair BSA Australia Committee says, “The role of the BSA is not only to take legal action against businesses that use BSA member software without obtaining the required licences. We also seek to educate corporate Australia about the value of using only genuine software that has been properly licensed, and about the risks of software piracy.”

While all cases handled by the BSA were settled out of court, the consequences of getting caught using illegal software in Australia must not be taken lightly. The BSA reveals that the two highest individual settlement amounts in 2009 were for $90,000 and $85,000 each, and each of the 2009 settlements led to damages bills in the thousands of dollars. On top of these settlement bills, as part of the settlement, each business caught out also had to purchase valid licences for its continuing or future use of BSA member software products. The companies involved have also agreed to now implement proper software asset management (SAM) procedures to reduce the risk of future software copyright infringement.

Mr Noble says, “Software asset management is about knowing exactly what software licences your business owns, owning only the software licences that your business needs, and actively managing how and when new software purchases are made to ensure that your organisation remains in a position of knowledge and compliance. The BSA urges company directors to ensure that their company has adequate software asset management procedures in operation, because in some circumstances directors may be held personally liable for damages if their company is found to have infringed software copyrights.”

Last year, the BSA handled claims on behalf of its member companies against Australian companies from a range of industries, including architecture, electrical engineering, electricians, construction engineering, gaming, printing, design and the media.

Mr Noble added, “Our goal is to educate businesses on the importance of buying genuine software and properly managing their software assets, so that ultimately the BSA would no longer be needed.”

For further information, or to report the use of stolen software, please visit www.bsa.org/australia.

More information:
Toll-free hotline for public inquiries (anonymously if preferred) 1800 021 143
BSA Web site: www.bsa.org/australia

About the BSA
The Business Software Alliance (www.bsa.org) is the foremost organisation dedicated to promoting a safe and legal digital world. BSA is the voice of the world’s commercial software industry and its hardware partners before governments and in the international marketplace. Its members represent one of the fastest growing industries in the world. BSA programs foster technology innovation through education and policy initiatives that promote copyright protection, cyber security, trade and e-commerce. BSA members include Adobe, Agilent Technologies, Altium, Apple, Aquafold, Autodesk, Autoform, Bentley Systems, CNC/Mastercam, Corel, Dassault Systèmes SolidWorks Corporation, Frontline PCB Solutions – An Orbotech Valor Company, Layton Technology, Microsoft, Minitab, NedGraphics, PTC, Quest Software, Scalable Software, Siemens, Sybase, Symantec, Tekla, and The MathWorks.

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