Feb 17, 2010 (LBO) – Software piracy by private sector companies in Sri Lanka is the main problem facing software developers, the Business Software Alliance (BSA), an industry body said. The organization, which represents the commercial software industry and its hardware partners, said in a statement it has taken legal action against companies using pirated software. It is also trying to raise awareness on intellectual property rights (IPR) and software piracy in Sri Lanka with training for law enforcement officials..
“One of the key issues that needs to be addressed in the protection of Intellectual Property Rights in the software industry is corporate end-user software piracy,” said Shalini Ratwatte, consultant, Sri Lanka Committee, BSA.
This happens when a company uses unlicensed software or does not acquire sufficient licenses (known as ‘under-licensing’) and installs more copies than it is entitled to under the software license agreement.
“This type of software piracy is the ‘main culprit’ among the other types in which software piracy takes place.” The BSA said that expanding the information technology industry in Sri Lanka requires effective and reliable IP protection.
“Like with burglary or any other crime, piracy involves large sums of money with very well organized networks behind it,” the BSA statement quoted M K D Wijaya Amarasinghe, director of the police Criminal Investigations Department, as saying.
“Software piracy is not a victimless crime and has many different faces. The law must be adhered to – just like any other crime and the police will use enforcement measures on a regular basis to tackle this problem.”
Corporate end-user raids began against companies using unlicensed software in their businesses last year. The BSA statement said that a large multinational company, which it did not identify, was suspected of using pirated and unlicensed software.
“Upon the inspection and identification of suspected pirated software, it was evident that 70 of their computers were installed with suspected pirated business software valued at about seven million rupees. Police seized 20 computers for further inspection and analysis.” The BSA said the island’s intellectual property laws had been strengthened.
Under a Computer Crimes Act, which came into operation recently, new offences have been created, having the effect of increasing penalties for those violating intellectual property in software.
“These laws are further supported by the new Companies Act of 2007 wherein directors of a company are entrusted with a fiduciary duty to act in the best interests of the company in keeping with the articles of the company and the laws of the country.” Enforcement measures have further been strengthened by the establishment of the Commercial High Court, which has the jurisdiction to hear and determine intellectual property infringement cases.
The BSA organized a series of training programs last year for magistrates in the island’s western and southern provinces, Customs officers and law officers of the state to raise awareness on intellectual property law. In 2010, the BSA plans to continue with its capacity building and awareness programs for the public sector.
“The BSA will carry out enforcement actions on behalf its members for IPR infringements in the corporate sector. BSA does not, as a worldwide policy, take to task the general public.”
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